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Home My WebLink About15.D.4. Definition of Substantially Complete for Public Improvements-Res. No. 6059 /~ IJ~ 1 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 ENGR/EMPLOYEEFOLDERlPPENNINGTON/COUNCIUMEM06059 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 Shako pee, 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. -. !:>>. ~..;; \'1 Administrative Policy No. 76 July, 1987 In new residential housing developments, building permits will be issued only when. the Ci ty Engineer determines that the street adjacent to the lot of which abuilding 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~r.m.i t..j,::;f?_~.eq_.lrlill.. be done so wi th the stipulation that no Certificate of Occupaiic'y'wI1f be:Cssued-'uiitil the st'f-e'et-rs fuITy........ 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. I ",:: :.... __t " .. '...~.t. 1, MEMO TO: Judith S. Cox City Clerk \~(' FROM: ~i'tyRE;~~:;;~er -1 ,,\i---/ RE: Developer's Agreements ..\ DATE: May 6, 1982 ....h..._.............~. ......... ....-........--............ .-,.........-...----. n_.____n_ ............._......._.___.._._......_.._____.....___.._._._......R.._._... .......___................__.__.__...._......._.___........._..._. Pursuant to ollr earlier meeting, a definition of "substantially complete" was ,'equested. "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. IISubstantially 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 n.lean 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 occunence. 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. H RS Ijiw cc to Council as info item July 20th Bo will be incorporating it in his revised standards & specifications this year.