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<br />. <br /> <br />. <br /> <br />. <br /> <br />Planning Commission Minutes <br />April 25, 2000 <br />Page 8 <br /> <br />Mr. Westphal asked if motorized vehicles would be allowed in the open space. <br />Ms. McPherson stated that motorized vehicles could be eliminated through the <br />conservation easement and homeowners association. <br /> <br />Mr. Westphal asked where the public accesses to the open space would be. Ms. <br />McPherson stated that the only public access would be off Jarvis, but that would <br />not stop people from accessing the site through neighboring private property. <br /> <br />Commissioner Chambers stated that he was unsure how the public use of trails in <br />the development will be viewed by the homeowners association. <br /> <br />There being no further comments from the public, Chair Mesich closed the public <br />hearing. <br /> <br />Chair Mesich asked who would be assessed if Jarvis were blacktopped. Terry <br />Maurer explained the city's policy to assess only the property with frontage on the <br />public street to be improved. He added that the only way all the properties in <br />this development could be assessed is if language were put into the developer's <br />agreement. <br /> <br />Discussion followed regarding assessing the development a fair share for <br />blacktopping Jarvis. Chair Mesich suggested that a condition be included to <br />address this issue. Terry Maurer stated that his memo addresses the issue, but a <br />separate condition could be added to insure the issue was covered. <br /> <br />COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY <br />DRAGSTEN PROPERTIES FOR PRELIMINARY PLAT APPROVAL (ROLLING HILLS), PUBLIC <br />HEARING CASE NO. P 00-6, WITH THE FOLLOWING CONDITIONS: <br /> <br />1. THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND <br />CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF <br />IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. <br /> <br />2. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE <br />PRELIMINARY PLAT. <br /> <br />3. THAT A HOMEOWNER'S ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO <br />THE CITY ATTORNEY REVIEW AND APPROVAL PRIOR TO FINAL PLAT. <br /> <br />4. THAT STREETLIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. <br /> <br />5. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF <br />100% OF THE PUBLIC IMPROVEMENTS. <br /> <br />6. THAT PARK DEDICATION BE PAID AT THE RATE REQUIRED BY THE CITY FOR 11 <br />LOTS PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> <br />7. THAT AN ACCESS EASEMENT BE GRANTED TO THE CITY OVER THE 40-ACRE <br />SET ASIDE FOR TRAIL ACCESS SHOULD A REGIONAL RECREATIONAL FACILITY <br />BE CREATED ON AN ADJACENT PARCEL. <br />