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Home My WebLink About15.C.4. Issuance of Building Permits for Valley Creek Crossing ( I~C, 'f, CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Issuance of Valley Creek Crossing Building Permits DATE: December 21, 2004 INTRODUCTION: Attached is a letter from Associated Capital Corporation Vice President, Dale Dahlke, requesting from the Mayor and City Council to allow building permits on granular sub- base versus bituminous base course. BACKGROUND: Valley Creek Crossing plat was approved in 2004 and many of the utilities, grading and street work was completed this year. A couple of the streets did have the Class 5 aggregate base installed with concrete curb & gutter, with the bituminous base course not installed this year due to the weather. The request from Associated Capital Corporation is for the City Council to allow building permits on a gravel surface versus bituminous base course, which was a recently approved policy that was adopted by the City Council on June 1,2004. Attached to this memo is the Council memo on June 1,2004 with Resolution No. 6059, which was approved by the City Council on June 1, 2004 meeting. This resolution outlines the meaning of substantially complete as contained in the developer agreement for public improvements. Substantially complete, in this resolution, means that all sanitary sewer, watermain, storm sewer and utility services are installed, tested and approved, site grading is complete, curb & gutter is installed, trails and sidewalks as required are installed and the bituminous base course is installed on roadways within the development and approved by the City Engineer. This policy is a revision from the previous administrative policy, which did allow building permits on Class 5 aggregate which met the definition of substantially complete, but no occupancy until the street is fully complete. Staff did recommend a change in this policy, due to the fact that many of the developments are building out rapidly and have several builders and building permits going on at the same time. Trying to complete the street, install small utilities such as gas, electric, telephone and cable while the building construction is proceeding on several lots is very chaotic and difficult. Attached also is a previous letter to Tollefson Development, Inc. in 2003 in which building permits were allowed on gravel, as per the old policy, with several conditions associated with allowing those building permits. Staff feels this a City Council policy decision on whether to allow building permits on gravel and with the conditions, as previously done by City staff in previous years, or to not allow the issuance of building permits and follow the Resolution No. 6059. ALTERNATIVES: 1. Approve a motion to allow the issuance of a certain number of building permits, with conditions as outlined by staff. 2. Do not allow any building permits in this subdivision on Class 5 aggregate base. 3. Table for additional information. RECOMMENDATION: Staff has no recommendation, as this is a policy matter for City Council. However, if permits are allowed to be issued on Class 5 aggregate base, staff would recommend only a certain number of permits to be allowed, and with the conditions as previously outlined on Whispering Oaks, with modifications to fit the Valley Creek Crossing development. ACTION REQUESTED: Approve a motion to allow or not to allow building permits on Class 5 aggregate base for Valley Creek Crossing. ~eY Public Works D BUpmp ENGRlEMPLOYEEFOLDERlPPENNlNGTON/COUNCIUV ALLEYCREEK Associated Capital Corporation 327 South Marschall Road, Suite225 Shakopee, MN 55379 December 16, 2004 Mayor and City Council Mark McNeill, City Administrator 129 Holmes Street South Shakopee, MN 55379 RE: Valley Creek Crossing Building Permits Gentlemen, Associated Capital Corporation has completed approximately 1900' of roadway up to.the point of applying the Bituminous Base. We have elected to wait until next spring to complete the base in this' area. The sub-base is very good and we spent over $30,000 additional money to install drain tile and granular material to insure a good road for the City in the future. The extra time that this took and other delays that happened caused a trace of frost in the C1.5 base when we were ready to place the Bituminous Base. We do have a very solid 8" of Class 5 red rock in place, curb and gutter is in and backfilled and utilities are completing their installations. We would like to be able to start home construction in February with a stipulation that no occupancy could take place until the Bituminous Base is in place to the satisfaction of the City Engineering Department. Associated Capital and the builders would maintain the street during this time for snow removal, etc. We invite the Mayor, City Council, and City Staff to drive onto the job to see that there should be no problems for Building Inspectors or anyone else to get to the home sites. Thank you for your time and we look forward to your approval to begin building in February, 2005. D~'~ Dale Dahlke, Vice President Associated Capital Corporation . '.. /s:tJ~r. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Revised Definition of Substantially Complete as Contained in the Developer's Agreement for Public Improvements DATE: June 1, 2004 INTRODUCTION: Attached is Resolution No. 6059, a resolution outlining the meaning of substantially complete as contained in the developer's agreement for public improvements. BACKGROUND: Developer's agreements authorize the issuance of building permits when the required improvements are substantially complete. The attached resolution will better define substantially complete and is consistent with what other metro cities are requiring prior to the issuance of building permits. The issuance of model permits will be addressed in the developer's agreement. Resolution No. 6059 will replace Administrative Policy No. 76 which as also attached. ALTERNATIVES: 1. Approve the proposed definition of substantially complete as presented. 2. Approve the proposed definition of substantially complete with revisions. 3. Do not approve the proposed definition of substantially complete. 4. Table for additional information. . ~ RECOMMENDATION: Approve the proposed definition of substantially complete as presented. ACTION REQUESTED: Offer Resolution No. 6059, A Resolution Outlining the Meaning of Substantially Complete as Contained in the Developer's Agreement for Public Improvements and move its adoption. Jeff Weyandt Assistant City Engineer JW/pmp ENGRlEMPLOYEEFOLDERlPPENNlNGTON/COUNCIlJMEM060S9 RECOMMENDATION: Approve the proposed definition of substantially complete as presented. ACTION REQUESTED: Offer Resolution No. 6059, A Resolution Outlining the Meaning of Substantially Complete as Contained in the Developer's Agreement for Public Improvements and move its adoption. Jeff Weyandt Assistant City Engineer JW/pmp SNGlUEMPLOYEEFOLDERlPPENNINGTON/COUNCUJMEM060S9 . . RESOLUTION NO. 6059 A RESOLUTION OUTLINING THE MEANING OF SUBSTANTIALLY COMPLETE AS CONTAINED IN THE DEVELOPER'S AGREEMENT FOR PUBLIC IMPROVEMENTS WHEREAS, the City of Shakopee requires the developer of a new subdivision to enter into a Developer's Agreement to insure completion of required public improvements; and WHEREAS, the Developer's Agreement authorizes the issuance of building permits when required improvements are substantially complete; and WHEREAS, the City Council desires to clarify when required improvements are considered substantially complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that public improvements shall be deemed substantially complete as outlined in "Exhibit A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that any policies or resolutions inconsistent herewith are hereby repealed. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of ,2004. Mayor ATTEST: City Clerk ; .' EXHIBIT" A" "Substantially Complete" shall be defined as follows: . All utilities including sanitary sewer, watermain, storm sewer and utility services are installed, tested and approved by the City Engineer and Shakopee Public Utilities. . All site grading is complete and erosion control measures are in place and approved by the City Engineer. . All curb and gutter is installed and approved by the City Engineer. . Trails and sidewalks, as required by the City Engineer, are installed and approved by the City Engineer. . The bituminous base course is installed on all roadways within the development phase and approved by the City Engineer. EXHIBIT" A" "Substantially Complete" shall be defined as follows: . All utilities including sanitary sewer, watermain, storm sewer and utility services are installed, tested and approved by the City Engineer and Shakopee Public Utilities. . All site grading is complete and erosion control measures are in place and approved by the City Engineer. . All curb and gutter is installed and approved by the City Engineer. . Trails and sidewalks, as required by the City Engineer, are installed and approved by the City Engineer. . The bituminous base course is installed on all roadways within the development phase and approved by the City Engineer. . ,. 1 Administrative Policy No. 76 July, 1987 In new residential housing developments, building permits will be issued only when the City Engineer determines that the street adjacent to the lot of which a building permit application is submitted is substantially complete. When the City Engineer deems that the street is substantially complete, thereby providing adequate access for fire and safety protection as well as access for inspection, a building permit may be issued. Any .__...____._p-~rJ!ti t....J,s.}~-'~~4_.!.1ill_~~.,.._d~.neso with the stipulation that no Certificate of Occupancy w'ilr-' be -is-sued-'iiiitil the st're-et-Ts fuTIY--"--'- completed. If a building permit is issued prior to completion of the adjacent street and/or final site grading, additional survey work (staking and monumentation) may be required by the City Engineer or Building Inspector for the control of the building site. AUTHORITY DERIVED FROM Section V.(D) of Developers Agreement. ~ THIS POLICY IN ADDITION TO POLICY DATED 7/20/82. fl.. ;J. ~ '...:.t;; . . .:.., , ; .r MEMO TO: Judith S. Cox City Clerk \~/' FROM: H: R. S~urrier -4: . \'~/ City Engmeer ' \ \ RE: Developer's Agreements " DATE: May 6, 1982 ----..-- - .. ...... - __..._~_n_ , Pursuant to our earlier meeting, a definition of Ilsubstantially complete" was requested. "Substantially complete" when used in reference to sanitary sewer, shall mean that the sanitary sewer system has been installed, tested and accepted by the City Engineer in accordance with the City of Shakopee Design Criteria and Standard Specifications. lISubstantially complete" when used in reference to watermain and the electric system shall mean that the water system and electric system has been installed and accepted by Shakopee Public Utilities. "Substantially complete" when used in reference to roadway improvements shall mean that all subgrade preparation has been completed and that a minimum of one-half the structural section of the roadway has been installed and accepted by the City Engineer. "Substantially complete" when used in reference to storm sewer impruvements shall ~ean that the storm sewer system, at a minimum, must mitigate any potential damage to property caused by a major storm which has a 1.0 percent chance of occurrence. The City Engineer may require the developer or property owner to furnish a drainage report by a registered engineer which would analy zc interim conditions. Should you have any other questions regarding the meaning of "substantially complete" as it relates to improvements covered by the Developer's Agreements please contact me. . HRS/jiw cc to Council as info item July 20th Bo will be incorporating it in his revised standards & specifications this year. ~ @W .::.t~ ....if ..,J . . ... MEMO TO: Judith S. Cox City Clerk \~i' FROM: H. R. Spurrier .J: . ",l---' City Engineer . \ \ RE: Developer's Agreements " DATE: May 6, 1982 --,.- " . .-- .--- Pursuant to ollr earlier meeting, a definition of Ifsubstantially complete" was requested. "Substantially c ompletell when used in reference to sanitary sewer, shall mean that the sanitary sewer system has been installed, tested and accepted by the City Engineer in accordance with the City of Shakopee Design Criteria and Standard Specifications. Ilsubstantially complete" when used in reference to watermain and. the electric system shall mean that the water system and electric system has been installed and accepted by Shakopee Public Utilities. IIsubstantially complete" when used in reference. to roadway improvements shall mean that all subgrade preparation has been completed and that a minimum of one-half the stt'uctural section of the roadway has been installed and accepted by the City Engineer. "Substantially completell when used in reference to storm sewer impruvements shall mean that the storm sewer system, at a minimum, must mitigate any potential damage to property caused by a major storm which has a 1.0 percent chance of occurrence. The City Engineer may require the developer or property owner to furnish a drainage report by a registered engineer which would analyze interim conditions. Should you have any other questions regarding the meaning of "substantially complete" as it relates to improvements covered by the Developer's Agreements please contact me. HRS/jiw cc to Council as info item July 20th Bo will be incorporating it in his revised standards & specifications this year. SHAKOPEE December 10, 2003 Gary Wollschlager Tollefson Development, Inc. 17271 Kenyon Avenue, Suite 103 Lakeville, MN 55044 RE: Issuance of Building Permits/Occupancy Permit Policy Whispering Oaks Dear Mr. Wollschlager: This letter is in regard to the issuance of building permits/occupancy permits during the winter months of 2003/2004 on the above referenced project. Attached to this letter is Administrative Policy No. 76 for the City of Shakopee in regard to when building permits are issued and also when the Certificate of Occupancy is issued. The City's requirements for issuance of building permits for residential housing is to issue building permits when the street is substantially complete, which has been determined to be when the street subgrade has passed a test roll and the aggregate base section has been placed. The other stipulation is that this permit is issued with the requirement thatno Certificate of Occupancy is issued until the street is fully completed, which means the concrete curb & gutter and bituminous base course placed on the public street. If the concrete curb & gutter and bituminous base course cannot be installed prior to winter due to weather (i.e. cold temperatures, snow storms), the City will allow building permits on Class 5 / aggregate base streets with the following conditions: 1. Only 12 of the lots may receive a building permit for construction. 2. The developer is responsible for maintaining the roads and utilities until the project is accepted by the City, including snow plowing, blading soft spots in the spring, etc. This is to ensure adequate access by City inspectors and emergency vehicles. The developer must submit a letter to the City acknowledging this responsibility. 3. The developer must provide a letter of credit of $10,000.00, in case there is inadequate maintenance on the road, resulting in the need for the City to perform maintenance, at which time the City will draw on the letter of credit to cover expenses. The Public Works Director will determine if the maintenance is adequate. If it is not adequate, the City will notify the developer 24 hours in advance that City crews will start maintenance and City costs will be charged back to the developer. 4. All sewers and watermains will be maintained by your forces during this period. The manholes and gate valves should not be raised so they are protected during winter maintenance. The sewer manholes, gate valves, and hydrants should all be marked for locations so City crews can find them during the winter if necessary. The exact method to mark them and where to set the casting depths will be determined by the Public Works Director. COMMUNITY PRIDE SINCE 1857 129 Holme, Su'cCt South' Sb~koJlce. rvlillne,ot~ . 5537<)-135] . 952-233-3R(JO . FAX <)52-233-380 I . www.ci.shakopcc.Jl1n.u, 5. The builder seeking a building permit must sign a waiver, indicating that they understand that the project is not completed; that they realize the developer is responsible for all gravel/street maintenance; that they realize there will be some inconvenience until the project completed and agree to hold the City harmless against any damages prior to the project being completed. This document must be submitted to the Building Department prior to building permit issuance. 6. The developer provides a letter stating that the. concrete curb and gutter and first layer of bituminous pavement will be installed by no later than May 28, 2004, and the City can use the developer's security to complete the streets if the developer fails to do so. 7. No Certificate of Occupancy will be given unless the street has concrete curb & gutter and the first layer of bituminous pavement, except for Model Certificate of Occupancy, as determined by the Building Official. 8. Streets with Class 5 aggregate base will be considered 5-ton roads during the spring load restriction period. Deliveries of material may be restricted by the Public Works Director, if evidence of street damage by builders and their. suppliers. 9. It is also understood by the City and the developer that any Class 5 aggregate base that is contaminated or needs repairs prior to concrete curbing and bituminous paving must be corrected as determined solely the City's Engineering Department and at the expense of the developer. These conditions must be met in order for building permits to be issued. If you have any questions in regard to this policy for winter building construction on your developments, contact Jim Grampre, Building Official or Bruce Loney, Public Works Director at (952)233-3800. Sincerely, ee~ Jim Grampre Public Works Director BUildingru~ Developer: Whispering . ks Signed by ~'-- /-- BUpmp ---- ' PERMITS