Agenda - Council - 07/11/2006 - Laserfiche WebLink

Home

to the property. The septic system is proposed to be shared with the Kelly Acres development to the north and is located within Outlot A. General details concerning soil type, and the design and location of the community septic have been submitted. The community septic system will require an MPCA permit. Preliminary plat approval was contingent upon receiving this permit. Mr. Trudgeon advised the City Council approved the preliminary plat for this project on April 11, 2006, with the following contingencies: 1. Compliance with City Staff review Letter dated February 28, 2006, revised AprilS, 2006. 2. The developer obtaining a permit for community septic system construction from the Minnesota Pollution Control Agency 3. The developer engaging the services of a professional management firm to manage the community septic system. 4. The City approving the Articles of Incorporation and Declaration of Covenants for the Home Owner's Association at Final Plat. S. The developer entering into a Development Agreement as part of [mal plat approval that will address the payment of Sewer and Water Trunk and Access Charges and the responsible party for the maintenance and abandonment of the community septic system. Community Development Director Trudgeon explained currently, the developer has not obtained a permit for the community septic system construction, though they are working with the MPCA, and expect to complete the process shortly. The City has not received any contracts between the developers and the professional management firm that would be responsible for managing and monitoring the community septic system. Staff has included a draft development agreement and . an outline for a utility operating agreement for Council to review. Staff will need to continue to work on these agreements and would propose to bring these documents back for City Council approval. Community Development Director Trudgeon indicated the applicant has requested that Council consider the [mal plat at this time even though some of the contingencies of preliminary plat approval are still in the process of being met. As outlined in the Staff Review Letter, there are many items that still need to be provided for and/or corrected. Given the amount of detail that still needs to be provided, staff is only comfortable with recommending approval with multiple contingencies in order to ensure that all the required information is provided to the City and that no work will be allowed until all contingencies are met. Mr. Trudgeon advised if Council is comfortable with this approach, staff would recommend approval subject to the following contingencies: 1. Compliance with City Staff Review Letter dated June 23, 2006. 2. The developer obtaining a permit for community septic system construction from the Minnesota Pollution Control Agency. 3. The City's review and acceptance of the Articles of Incorporation, Declaration of Covenants, and financial responsibilities for the Home Owner's Association. 4. The developer engaging the services of a professional management firm to manage the community septic system and submitting an agreement with the management firm. 5. A second access is obtained through the construction of 17151 Avenue. 6. The developer entering into a Development Agreement that will address the payment of Sewer and Water Trunk and Access Charges. City Council / June 27, 2006 Page 13 of 24 -29-