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Council Community Development Committee expresses support for city's street construction policy

WILLMAR -- The City Council's Community Development Committee agrees with city policy that says private developers will not be allowed to work in the public right of way without first going through a formal planning, review and approval process.

WILLMAR -- The City Council's Community Development Committee agrees with city policy that says private developers will not be allowed to work in the public right of way without first going through a formal planning, review and approval process.

Committee members agreed Thursday evening to let the policy stand after being told that a couple of developers have asked the city to let them begin installing streets and underground utilities in a residential development and a commercial development, even though no formal plans and specifications have been approved by the city engineering department.

"We've had a lot pressure from a couple of developers and some engineering firms lately to try to accommodate them yet in 2007,'' said Bruce Peterson, director of planning and development services.

City Administrator Michael Schmit said the city has not seen any plans and specifications for the recent requests.

"We've seen plats, we've seen ideas and concepts, but we have not approved any detailed construction plans, and we've told them that's unacceptable,'' he said.

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Acting Committee Chairman Jim Dokken asked why the city established the policy.

Peterson said the policy was developed because quality issues arose after developers did some of their own work on projects years ago.

Schmit said the city had some bad experiences. "So we decided that was not the way to do business,'' he said.

In the recent requests, Schmit said, the developers have cited the Home Depot street project as an example of why the city should allow this type of activity this year.

In that project, Home Depot built 28th Avenue Southeast from the store to First Street, he said.

But Schmit said the Home Depot project involved extenuating circumstances and almost two years of negotiations that led to the company constructing the street.

Schmit said the talks resulted in a detailed development agreement, under which the city was continuously involved in reviewing plans and specifications for conformance to city standards. The city had final approval of the design plans, which the city engineer could review and approve, he said.

"We had the ability to plan for the inspection during the construction to make sure things were done right, even though we didn't let the contract,'' said Schmit. "So when the Home Depot project was completed, and eventually turned over to the city, it was, in all respects, just like we would have done it ourselves.''

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Schmit said inspection becomes an issue because the assistant city engineer resigned and the department's most seasoned engineering technician who did much of that inspection retired.

Schmit said contractors are reminded by letter of the Dec. 15 deadline to request a street project be included in the list of street projects for the upcoming year.

Peterson said he and Public Works Director Mel Odens thought it would be important for the council to reinforce the city policy of not allowing private developers to do their own work and to abide by the Dec. 15 deadline date.

Committee member Ron Christianson said developers are capable of doing their own work, but their plans need approval and inspection from the engineering office.

He suggested the issue be discussed later by the council.

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