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7. Because this plat does not require any improvements in addition to those already <br /> existing, financial security is not required to be posted. <br /> 8. Because no additional improvements are required or proposed, a development <br /> contract is not required. <br /> All members voted"aye". Motion carried. <br /> Applicant: Carl and Colleen Smith <br /> Applicant requests Final Plat of Trailside Estates. <br /> Carl and Colleen Smith were in attendance. Ms. Barajas explained the Staff Report. Ms. <br /> Barajas advised the Planning Commission that they can recommend approval the Final <br /> Plat contingent upon approval by the City Attorney of the remaining items. Staff advised <br /> that the City Attorney is waiting to receive current Title Insurance,the Articles of <br /> Incorporation for the Homeowner's Association and the Letter of Credit. Mrs. Smith <br /> stated that they should have the Title Insurance tomorrow(October 20). Staff advised <br /> that the City Attorney has a sample of the Bond, but would still need to receive a sample <br /> of the Letter of Credit from their bank. <br /> Staff verified the Park Board Agreement with Mr. Smith. Mr. Smith agreed to furnish for <br /> the park area the irrigation system, sod,trees, benches, gazebo, lights and mulch. The <br /> Park Board will outline the mulch area and the City will be responsible for the <br /> playground equipment. <br /> The screening along County Road 112 has been completed, Finding of Fact#4. Numbers <br /> 5 and 7 have been resolved to the satisfaction of the City Engineer. The City Engineer <br /> has resolved the remaining items. The final Development Agreement must be completed <br /> to the satisfaction of the City Attorney. He is still waiting for the Articles of <br /> Incorporation of Homeowner's Association, Title Insurance and Letter of Credit. Mrs. <br /> Smith stated she would check on the Articles of Incorporation on Friday. <br /> Mr. Hallan requested that the word"irrevocable"be associated with the Letter of Credit. <br /> A motion was made by Mark Hallan, seconded by Scott Pederson,to recommend the City <br /> Council approve the Final Plat for Trailside Estates, based on the follow Findings of Fact <br /> and, also, all outstanding items need to be resolved before Monday's City Council <br /> meeting before the Council can take action on it: <br /> 1. The owner of the southern property has submitted, and received approval of, a <br /> metes and bounds subdivision to create the property included in this plat request. <br /> 2. The applicant has submitted Association Documents to govern the proposed <br /> development. The City Attorney has reviewed and approved these documents. <br /> a. Article 3 of the Association Documents address the Common Elements <br /> within the development, including the assignment of responsibility for the <br /> IN1.1 maintenance of these elements. Article 6 address how common expenses <br /> Planning Commission Minutes 2 <br /> October 19, 2006 <br />