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The developer entering into a Development Agreement as part of final plat approval that <br />will address the payment of Sewer and Water Trunk and Access Charges and the <br />responsible party for the maintenance and abandonment of the community septic system. <br /> <br />Currently, the developer has not obtained a permit for the community septic system construction, <br />though they are working with the MPCA, and expect to complete the process shortly. The City <br />has not received any contracts between the developers and the professional management firm that <br />would be responsible for managing and monitoring the community septic system. <br /> <br />Staff has included a draft development agreement and an outline for a utility operating agreement <br />for Council to review. Staff will need to continue to work on these agreements and wguld <br />propose to bring these documents back for City Council approval. <br /> <br />Recommendation: <br /> <br />The applicant has requested that the City Council consider the .final plat at this time even though <br />some of the contingencies of preliminary plat approval are still in the process of being met. As <br />outlined in the Staff Review Letter, there are many items that still need to be provided for and/or <br />corrected. Given the amount of detail that still needs to be provided, Staff is only comfortable <br />with recommending approval with multiple contingencies in order to ensure that all the required <br />information is provided to the City and that no work (grading, tree removal, otc) will be allowed <br />until all contingencies are met. <br /> <br />If the City Council is comfortable with this approach, Staff would recommend approval subject <br />to the following contingencies: <br /> <br />1. Compliance with City Staffreview letter dated June 23, 2006. <br />2. The developer obtaining a permit for commun/ty septic system construction from the <br /> Minnesota Pollution Control Agency. <br />3. The City's review and acceptance of the Articles of Incorporation, Declaration of <br /> Covenants, and financial responsibilities for the Home Owner's Association. <br />4. The developer engaging the services of a professional management fn'm to manage the <br /> community septic system and submitting an agreement with the management firm. <br />5. A second access is obtained through the construction of 171s~ Avenue. <br />6. The developer entering into a Development Agreement that will address the payment of <br /> Sewer and Water Trunk and Access Charges. <br />7. No work shall be commenced (grading, tree removal, ere) until all of the above <br /> contingencies are completed to the satisfaction of City Staff. <br /> <br />-257- <br /> <br /> <br />