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HomeMy WebLinkAbout15.A.3. Consider Request to Construct Public Improvements on the Countryside Development before Final Plat Approval / ~-"IJ - ~ CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Request to Construct Public Improvements on the Countryside Development before Final Plat Approval DATE: May 17, 2005 INTRODUCTION: Attached to this memo is a letter from Matt Weiland, of Tollefson Development, Inc., requesting approval to install utility improvements on the Countryside Development prior to final plat approval. BACKGROUND: Previously, on February 15, 2005, City Council did grant preliminary approval by adopting Resolution No. 6183 to the Countryside Subdivision. Previously, City Council did approve reimbursement agreements with Tollefson Development, Inc. for the design of 17tb A venue, from CSAH 15 to C.R. 79 on August 17, 2004. Also on January 18, 2005, City Council did approve another reimbursement agreement with Tollefson Development, Inc. for the final design of C.R. 77 and C.R. 79. Grading permits have been issued for the entire Countryside site and grading work is proceeding at this time. The sanitary sewer extension permit with the MPCA and the Metropolitan Council Environmental Services is expected to be acted on at the Met Council meeting on May 25,2005. A permit for sanitary sewer extension is expected to be issued shortly after that. Staff is in the process of final review of the Countryside improvements and should have those plans approved if all corrections are made around May 25,2005 or later depending on correction and re-submittals. Tollefson Development, Inc. is working towards submitting a final plat application in the near future, however, would not be able to meet the deadline for the May 17, 2005 Council meeting. Tollefson Development's requestis to receive City Council permission to proceed with utilities prior to a final plat approval. In the City's Subdivision Regulations, Chapter 12, Section 12.15, Timing of Improvements, Paragraph A, the code states that no other improvements other than grading, after preliminary plat approval, can be done prior to City Council approval of a final plat. The City Attorney has advised the Council that they do have the authority and discretion to grant this request if they so desire. Prior to the new City Subdivision Ordinance, developers were allowed to proceed after preliminary approval, with improvements with the following conditions: . Hold harmless agreement is entered into with the developer and the City of Shakopee holding the City harmless of any action that may come about before the final plat approval. . Developer pays all engineering fees up front. . The developer obtains an approved set of plans by the Engineering Department and Shakopee Public Utilities before constructing improvements. . Insurance submitted to the City naming the City an additional insured prior to construction. With the conditions mentioned previously, the developers have been allowed to proceed with improvements, prior to final plat approval, with the understanding that the risk is with the developers. The developer is making this request in order to proceed with the improvements of Countryside and the road construction of C.R. 77 and C.R. 79 and 1 ib Avenue, as this is a very large amount of work that needs to be done this year, and time is of the essence for constructing improvements. ALTERNATIVES: 1. Approve a motion allowing the developer of. Countryside Addition to proceed with the installation of utilities and street improvements, prior to final plat approval. 2. Do not allow the installation of utilities and street improvements, prior to final plat approval. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No.1, with the conditions being met as outlined in this memo. ACTION REQUESTED: Approve a motion to allow the developer of Countryside Addition to proceed with the installation of utilities and street improvements, prior to final plat approval, and with conditions as outlined in this memo. BUpmp ENGR/200SPROJECT/C.R.77C.R. 791W0RDICOUNTRYSIDE Developers II Land Investment II Property Managers May 11,2005 City of Shakopee, Bruce Loney 129 Holmes St S Shakopee, MN 55379 Re: Countryside Utility Work Dear Mr. Loney- Tollefson Develofment is formally requesting to be placed on the Shakopee City Council Agenda, May 1 i ,2005. Tollefson Development is requesting to install sanitary sewer, water, and storm utilities in the Countryside development prior to the Countryside final plat being approved. The final plat will be submitted this week. Thank you for your consideration of this request. at ew Weiland, Sr. Project Manager / Vice President Tollefson Development 17271l<enyon Ave., Suite #103 · Lakeville, MN 55044 · Phone (952) 435-1010. FAX (952) 435-1020 Email - info@tdi-mn.com www.tdi-mn.com