3.4. SR 07-23-2018 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 3.4
Agenda Section Meeting Date Prepared by
General Business July 23, 2018 Cal Portner, City Administrator
Item Description Reviewed by
Jackson Hills, 725 6th Street Development
Complaints Reviewed by
Action Requested
Receive information.
Background/Discussion
Members of the city council and city staff have received numerous emails,voicemails, and phone calls
regarding the development at 725 61h Street in Elk River. The developer,Mr. Pat Briggs, feels staff isn't
responsive to his request for plumbing and building permits.
Staff has been responsive to his repeated and redundant requests and will provide further documentation
within the plethora of messages sent.
At the July 16 Regular Council Meeting,Mayor Dietz directed Mr. Briggs to "put your request in writing
to the city administrator by 5 p.m. tomorrow (July 17, 2018). This statement was also repeated. The
mayor also asked for a full timeline to be presented at the Special Council Meeting scheduled for July 23.
The city administrator has received no correspondence from Mr. Briggs as of the close of business on
Thursday,July 19.
Attached you will find two emails sent to the planning manager and one attachment that was included.
Staff can only assume these include his questions.
Financial Impact
N/A
Attachments
■ Briggs request to Carlton and Voss Plumbing
■ Briggs plumbing permit request
■ Briggs email document
■ Jackson Hills Timeline
■ Grading requirement before permit question
■ Plan Review Fee Check Notice of Closed Account
■ July 18 Letter to Briggs
■ MN DLI Plan Review Comment Letter
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
Portner, Cal
From: Carlton, Zachary
Sent: Friday, July 20, 2018 10:17 AM
To: Fortner, Cal
Subject: FW: Public Hearing follow up 725 6th Street Elk River MN. Request to do underground
plumbing
Attachments: 20180717_160420.pdf
From: Pat Briggs[mailto:pat(c�thebriggscomoanies.com]
Sent: Tuesday, July 17, 2018 1:46 PM
To: iim(&vossplumbing.com; Carlton, Zachary; Ruprecht, Bob
Cc: 'Jennifer Wagner'; Mayor John Dietz; Ovall, Nate; 'Matt Westgaard'; 'Jerry Olson'
Subject: Public Hearing follow up 725 6th Street Elk River MN. Request to do underground plumbing
Hello Jim,
According to Mr. Dietz your request to proceed with underground plumbing needs to be submitted in writing before
4pm today. For a special meeting at city hall on July 23rd at 4pm. Along with staff, Mr. Dietz was included on all email
written discussions presented last night ( See attached ) so he is well versed along with staff to provide you
consideration to upon your request.
4-26-18 9:02AM Email Confirming plan review meeting.
3-23-18 10:30AM Building Permit Application submitted. Mr. Ruprect confirmed verbally 4-5 week
turnaround time
5-3-18 8:30AM Plan Review Meeting with Mr. Ruprecht confirmed there were no changes and his
department is ready to issue the building permit once the DA gets signed.
5-21-18 10:59AM Email from all departments confirming we could pick up building permit within 24
hours of signed DA. ( See email Attached )
7-13-18 12:55PM Email stating Staff is prepared to address the issues at the meeting, if city council
requests that they do.
7-16-18 06:18PM Staff presented incorrect information on plumbing revisions which were irrelevant to
approval and said request.
7-16-18 06:20PM I corrected staffs misrepresentation of any said revisions and confirmed we are
moving forward with approved plumbing plans dated 5-31-18 from the State of MN.
7-16-18 06:22PM Mr. Diets asked for confirmation from staff when DA was received. Staff please
respond when reading this email with the date the DA was received
I have one question for Council while waiting for Mr. Jim Hayden with Voss to submit his request to proceed with his
work. Why have we not received our Building permit when we were told we would have it within 24 hours of the
signed DA ? Its been 17 weeks since we submitted our application ?
Patrick Briggs
612-919-1561
From: Pat Briggs [mailto: at thebri scorn anies.com]
Sent: Tuesday, July 17, 2018 3:31 PM
To: Carlton, Zachary
Subject: Fwd: Approval of plumbing Permit for Jackson Hills, Elk River
Patrick
The Briggs Companies
612-919-1561
---------- Forwarded message ----------
From: Pat Briggs <patgthebriggscompanies.com>
Date: Jul 17, 2018 3:28 PM
Subject: Fwd: Approval of plumbing Permit for Jackson Hills, Elk River
To: zack@thebrig sg companies.com,Bob Ruprect <bruprechtna,ci.elk-river.mn.us>
Cc: Jim Voss <jimkvossplumbing com>,Peter Beck <Peter.Beck(a),gpmlaw.corn>
Patrick
The Briggs Companies
612-919-1561
---------- Forwarded message
From: Jim - Voss Plumbing & Heating <jimna,vossplumbing com>
Date: Jul 17, 2018 3:11 PM
Subject: Approval of plumbing Permit for Jackson Hills, Elk River
To: Pat Briggs <pat@thebrig sg companies.com>
Cc:
To whom it may concern,
This is a formal request to have our Plumbing Permit issued for Jackson Hills, Elk River.
Our Engineered plumbing plans were Approved by the Minnesota Department of Labor and Industry on May 31,
2018. Commercial Plumbing Permit Application and Drawings were sent to the City of Elk River on lune 4, 2018.
All Plumbing work will be performed in accordance with the Engineered plumbing plans provided by Applied Engineering
Dated 04/30/18.
The reason for this request is the fact that we have lost 17 weeks of time since the Permit Application was sent to the
City of Elk River, this delay in processing the application has lead to placing all material orders for the project on hold
and the fact that we cannot schedule our manpower without any idea of when the application will be approved.
We are approaching a very critical time of the construction season with a very busy fall schedule and any further delay in
Approving the Permit Application will continue to add additional delay to the Briggs Companies project.
Thanks for your consideration and please feel free to contact me with any question.
Jim Hayden
Senior Project Manager/Industrial Engineer
Voss Plumbing and Heating, Inc
Voss Concrete & Masonry,inc
PO Box 77
316 East Hoffman
Paynesville, MN 56362
Phone: 320-243-3644
Pat Briggs
From:
Peter Beck <peter@peterbecklaw.com>
Sent:
Friday, July 13, 2018 12:55 PM
To:
Pat Briggs
Cc:
Ovall, Nate
Subject:
725 6th Street
Mr. Briggs,
Council Member Ovall has requested that I let you know that City staff is aware of your comments and concerns
regarding the above property, and that appropriate responses are being prepared. These are not issues which individual
Council Members can resolve, and discussion of these issues by Council Members outside of a properly noticed public
meeting runs the risk of Open Meeting Law and other potential violations. The appropriate forum for City Council
consideration is an open, public meeting of the entire City Council. Special Council meetings may only be called,
pursuant to state law, with three days' notice. However, there is a regular City Council meeting scheduled for next
Monday, July 16t''. Staff will be prepared to address the issues at that meeting, if the City Council requests that they do
so. h0��
Peter Beck
4746 Sheridan Ave. S.
Minneapolis, MN 55410
(612) 991-1350
peter@peterbecklaw.com
This message is from a law office, and thus may contain or attach confidential information or an attorney-client
communication that is confidential and privileged by law. It is not intended for transmission to, or receipt by, any
unauthorized person. If you believe that you have received this message or any attachment in error, simply delete both from
your system without reading or copying, and notify the sender by e-mail or by calling (612) 991-1350. Thank you.
Pat Briggs
From: Pat Briggs
Sent: Monday, July 16, 2018 4:37 PM
To: Pat Briggs
Subject: Fwd: RE: Negotiation Response questions - Jackson Hills
Attachments: DOCSOPEN-#519394-v9-Elk_River_Jackson_Hills_TIF_DEVELOPMENT_AGREEMENT.pdf
Patrick
The Briggs Companies
612-919-1561
---------- Forwarded message----------
F<AOthoudt@ElkRiverMN.gov>
D_ a�te:�May 21, 2018 10:59 AM
Subject: RE: Negotiation Response questions - Jackson Hills
To: Pat Briggs <pat@thebriggscompanies.com>
Cc: "Mikaela Huot (mhuot@springsted.com " <mhuot@springsted.com> Ma or John Dietz
ortshotsl7@aol.co ,"Portner, al" <CPortner ElkRiverMN.gov "Ruprecht Bob"
<BRuprecht@ElkRiverMN.gov>,"'Boulton, Jenny S."' <JBoulton@Kennedy-Graven.com>
Hi Pat,
Just following up on this last email Jenny sent to you on Thursday. The council meets tonight and can take action
on the development agreement if you are ready. We will need two signed copies delivered to the office today by
4PK Once the council approves the Development Agreement, grading and building permits can be issued the
very next day.
I attached the DA again for your review and approval.
Thanks!
Amanda Othoudt, EDFP
Economic Development Director I City of Elk River
Direct: 763.635.1042
Cell: 763.218.2766
13065 Orono Parkway I Elk River I MN 155330
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From: Pat Briggs [mailto:pat@thebriggscompanies.com]
Sent: Tuesday, May 1, 2018 11:22 AM
To: Ruprecht, Bob
Subject: RE: Request for building Permit application update for 725 6th street ?
confirmed
From: Ruprecht, Bob <BRuprecht@ElkRiverMN.gov>
Sent: Friday, April 27, 2018 2:30 PM
To: Pat Briggs <pat@thebriggscompanies.com>
Subject: Re: Request for building Permit application update for 725 6th street ?
Hi Pat,
I could get together with you on Wednesday the 2nd at 1:30 if that works? I'm pretty booked in the morning.
Bob Ruprecht
Building Official
City of Elk River
763/635-1066
On Apr 26, 2018, a 9:02 AM, Pat Briggs <pat@thebriggscompanies.com> wrote:
Hello Bob,
Hello Bob I thought I would try you again. Could you please give me an update on the status of the
`�`\ Building permit application that was turned in on 3-23-i$? Can we schedule a meeting next week for a
4 review ? The timeframe you gave me when I turned it in wa eeks. I look forward to sitting down
with you and going through the plan review comments i' week 6. ill prepare an Draft Agenda so we
Olt' can plan for a enjoyable experience together on this project. How does Wednesday at 10AM sound.
Have a great day Bob
From: Pat Briggs
Sent: Friday, April 20, 2018 1:44 PM
To: Ruprecht, Bob <BRuprecht@ElkRiverMN.gov>
Subject: Request for building Permit application update for 725 6th street ?
I7Ul��RS�f�
Timeline for Jackson Hills Apartment Project
December 29, 2017 Submission of Tax Increment Financing Application and Request for Assistance
January 17, 2018 Building permit submitted
March 23, 2018 Plan fee of $6,872.00 submitted
April 16, 2018
City Council held public hearing and approved TIF Plan and TIF District via
resolution (resolution provided by Bond Counsel – Jenny Boulton, Kennedy and Graven)
Pat requested the council grant a grading permit, so he can start grading before the
development agreement is negotiated and approved by council. The council directed staff to
prepare the development agreement and incorporate the soils report into the agreement.
Council directed staff to bring it back for approval at a special meeting after Pat has reviewed
the development agreement.
April 20, 2018 Pat Briggs received a copy of the development agreement
April 20, 2018 Pat Briggs requested the grading permit be issued by staff. Staff indicated no grading permit
would be issued until development agreement was approved by council, per council direction.
May 4, 2018 Staff received redlined development agreement back from Pat Briggs. Staff review with
attorney and internal departments
May 9, 2018 Attorney sent redlined copies of development agreement to Pat Briggs incorporating attorney
and staff comments.
May 10, 2018 Pat sent comments and revisions of development agreement back to attorneys
May 11, 2018 Jenny responded to Pat’s comments and revisions to the development agreement.
May 11, 2018 Pat responded to the same.
May 17, 2018 Jenny responded to Pat’s comments clarifying the need for the development agreement. Sent
Pat the final version of the development agreement.
May 21, 2018
Amanda sent Pat an email indicating that the city council would be ready to approve the
development agreement if he is ready to deliver two signed copies to the office by 4 p.m.
Pat sent Jenny Boulton the development agreement that was the previous version to the final
negotiated development agreement and asked to put it on the council agenda.
May 21, 2018 Jenny indicated via email to Pat that the city would not agree to the version of the development
agreement Pat submitted.
May 23, 2018
Staff received three hard copies of the development agreement. The agreements were sent to
Jenny. It was determined that they were not the correct versions of the D.A. Jenny responded
to Pat via email indicating that the version he sent, was the incorrect version of the D.A.
May 30, 2018 Amanda received three signed copies of the most recent version of the development
agreement. Amanda sent the copies to the attorney for review and confirmation.
June 4, 2018 Amanda emailed Pat to inform him that the signed development agreement would be on the
council agenda for action. Sent a link to the file online.
June 5, 2018 The City Council approved the Development Agreement for Jackson Hills
Timeline for Jackson Hills Apartment Project
June 12, 2018 City issues grading permit for Jackson Hills project
June 21, 2018 DNR issues dewatering permit
June 28, 2018 Building permit sent to state for review
July 5, 2018 Earthwork Certification issued from ITT.
July 6, 2018 Check for building permit plan review bounces.
1
Carlton, Zachary
From:Ruprecht, Bob
Sent:Wednesday, July 18, 2018 4:07 PM
To:Carlton, Zachary
Subject:FW: 725 6th ST.
From: Ruprecht, Bob
Sent: Friday, June 15, 2018 10:06 AM
To: 'Pat Briggs (pat@thebriggscompanies.com)'
Cc: Portner, Cal
Subject: 725 6th ST.
Mr. Briggs,
I am responding to your questions/confusion regarding the building permit for 725 6th St.
Per the signed developers agreement that includes the Independent Testing Technologies, Inc. (ITT) report dated
February 21, 2017, building permits shall not be issued prior to the soil corrections completed in accordance with all
ITT recommendations.
The soil corrections need to be followed and verified by ITT Inc. Any deviations from the report must have prior
written approval from the City of Elk River. Upon receipt of the inspection report and my complete review, I will
issue the appropriate permits.
Erosion control measures have been required at least as far back as 1999 and are required per Minnesota Statutes.
The Briggs Construction project at 19022 Freeport St. in Elk River, permit number 2006-02406, had an NPDES
inspection listed as the first inspection. We have since changed the name of the inspection to “Silt fence & temp
driveway” to encompass all permits.
Feel free to call or email with any questions,
Thanks, Bob R.
Bob Ruprecht | Building Official
763.635.1066 w | 763.635.1090 f
13065 Orono Parkway | Elk River | MN | 55330
Hello John,
I left you a message this morning. We had our 3rd precon meeting last night and our group is looking for your direction
and is waiting for your response as the members cannot start without communication back from you regarding our
building permit.
2
As we are grading how do we install our site utilities without a permit. Your building official said he was really impressed
with our plumbing plan that is approved by the state to perform the work. However your building official will not release
the plumbing permit until the building permit is released which was submitted 3‐23‐18 10AM and approved in our plan
review meeting on May 3rd 2018 @ 8:30AM. He will not communicate with us regarding the status of issuing our
building permit.
1. With all that said how do we install our underground radon without a building permit as we reach subgrade ?
2. How do we install our underground plumbing without a plumbing permit ? we cannot grade unless these two trades
can perform. Please advise as to how we can proceed with both permits approved but not released ?
3. Please respond to my email below dated June 11th @ 4:09PM as requested again yesterday on June 12th @ 5:13pm
4. Did the building officials Boss last day of employment yesterday ?
I also just received a message from one of our staff members that your building official verbally said we cannot grade
with our grading permit that has been approved and is in our hand until we have an inspection on our temp entrance
and silt fencing. Is this a misunderstanding or is this something new we are doing with all the construction projects in
town ? With all the previous construction projects we have built in this town in the past 18 years we have never
experienced any issues or complaints regarding these items. Our Subcontractors cannot afford to mobilize and do work
without a permit so please give us a little direction on what we should do ?
Confused and looking for clarification and exceptional service 😊
I hope your day is going well…
Mr. Briggs
SLIS STRONG I LOYAL I INNOVATIVE Date: 7/a6/18
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The following item(s,) listed were previcusly deposited to your
account but lave been returned to us by the payor's bank for
the reason(s) indicated. We have charged these amounts back
to your account. Please update your records accordingly to
reflect this charge.
ACCOUNT'# RETURNED REDEPOSITED FEE DATE DEP
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763.635.1000
www.ElkRiverMN.gov
July 18, 2018
The Briggs Companies
ATTN: Pat Briggs
633 Upland Ave NW
Elk River, MN 55376
RE: Public Hearing Follow-up Email for 725 6th Street. Request to do underground plumbing – received July
17, 2018 at 1:46 p.m.
I spoke with Jim Hayden at Voss Plumbing yesterday afternoon and he confirmed the pipe sizing for the
connection to public infrastructure. While the state had approved the plumbing plans, on June 21, 2018, we
received an email (see attached 1) requesting a deviation from the previously-approved plan set. Staff referred
the question to the state for additional review and had not heard back on the selected option until Monday
evening and again yesterday afternoon in conversation with Mr. Hayden.
The Development Agreement (DA) was approved by the City Council on June 4, 2018, and stated that
foundations or any construction of the project beyond grading could not commence until the report from
ITT Inc. certifying the grading has been received. This meant that a building permit could not be issued until
the report had been received, which occurred on July 5, 2018. This was conveyed to you numerous times,
including emails dated June 15, 2018, and June 20, 2018. (see attached 2,3)
Since approval of the DA on June 4, 2018, prior to completing of the grading/reclamation work, concerns
regarding the Building Official had been expressed, including a statement that you were getting ready to go to
the state with your concerns. (see attached 4)
In an effort to address concerns regarding retaliation or unfair treatment from the Building Official, and in
accordance with authorization from the City Council on June 4, 2018, to contract third party inspections for
the Jackson Hills project, we contracted with the Department of Labor and Industry (DLI) to complete the
plan review for the building permit. This effectively removed the Building Official from the plan review and
inspection process. This was conveyed in an email on June 28, 2018. (see attached 5)
While a review by the state added time to the plan review timeline, the change was made to address concerns
you had with staff.
Additionally, we have not received payment for the plan review fee. The fee is $6,872.29 and the previous
check received on March 23, 2018, was not honored as the account had been closed (see attached 6). A
business check covering the plan review fee was submitted on July 3, 2018, but due to the fact the last check
was not honored, we are requiring a certified check for this and all future projects. We will also need the full
building permit fee of $219,253.04 prior to issuance of the building and plumbing permits.
Finally, we received the comments from the DLI this morning. Please review the comments with your
architect, make the necessary changes, and submit required documents to the city for further review.
Thank you, and please contact me with any additional questions.
Zack Carlton, Planning Manager
City of Elk River
763.635.1035
encl.
cc: Cal Portner, City Administrator
Peter Beck, City Attorney
Bob Ruprecht, Building Official
443 Lafayette Road N., St. Paul, MN 55155 • (651) 284-5005 • www.dli.mn.gov
An Equal Opportunity Employer
PLAN REVIEW REPORT – RL1
ARCHITECT/ENGINEER:
Attn: Doug Moe
Douglas A. Moe Architects, Inc. Date: 07/18/2018
16684 Yale Street NW
Elk River, MN 55330
(763) 441-5649
Project Title: MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
Location: ELK RIVER, MN
Address: 725 6th St NW
Plan Review Number: BLD1807-00030 Date Received: 7/11/2018
Reviewer: Scott E. Erickson
(651) 284-5815
Scott.Erickson@state.mn.us
Except as noted below, the construction documents for the project described above have been
reviewed for substantial compliance with requirements of the 2015 Minnesota State Building
Code (MSBC).
The following comments shall be resolved before a building permit can be issued. The architect
or engineer shall respond within 14 calendar days by a letter of verification and revised
construction documents or addenda that clearly identify that corrections have been made as
required by this plan review.
Occupancy Classification: R-2, S-1
Type of Construction: V-A
Sprinklered: Yes, NFPA 13 System
MSBC Edition: 2015 Minnesota State Building Code
Please address each comment (below each comment) in another color (using this Word
document) and return this Word document (and any other supporting documentation) by email.
When addressing comments, please be specific as to where the information is located (Detail #,
Section #, Elevation #, Plan #, Sheet #, Specification #, Addendum #, etc.).
Submittals Comments:
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 2
This information can be provided to you in alternative formats (Braille, large print or audio).
An Equal Opportunity Employer
1. Special Inspection Form (SIF).
Provide a completed and signed Special Inspection Testing and Inspection Schedule with
determined inspections in accordance with IBC Chapter 17. See Special Inspection requirements
listed on Sheet S1. The required third party inspection agencies must be contracted for said
work. Plan review cannot be completed and a building permit cannot be issued until a completed
SIF is submitted, reviewed and approved. [MR 1300.0130, Subp. 1]
Signatures are required (where applicable) for the Owner, Contractor, Architect,
Structural Engineer of Record, Special Inspector (structural), Testing Agency, Special
Inspector (technical) and Fabricator.
Where fabrication of structural load-bearing members and assemblies is being performed
on the premises of a fabricator’s shop (structural steel), special inspection of the
fabricated items shall be required. Exception: the fabricator is registered and approved to
perform such work without special inspection; provide documentation for review (copy of
AISC Certification). Copies of all required third party inspection reports and/or
observation logs must be submitted to the Building Official as soon as they are completed
for code review and record purposes. [IBC 1704.2.5.2]
o If the fabricator is not AISC certified, the SIF will need to be signed by a third
party testing agency that has been retained to provide Special Inspection on-site in
the fabricator’s shop (provide documentation).
2. Specification.
Is there a Specification book for this project? Please provide a copy. Please address.
3. Structural Calculations.
As part of the plan review process, certified sample structural calculations must be submitted for
the required structural review for this project. Sample structural calculations are to include the
title and year of the codes used, live loads, dead loads, wind loads on the primary system, wind
loads on the components, a sample of each type of lateral load resisting element, a sample of
each vertical load resisting element, and a sample of any special condition (and any specific
requested calculations, see Structural Comments below). Calculations are to be presented in a
clear, legible and organized manner conductive to a structural plan review. A table of contents
should be provided and pages are to be numbered for referencing purposes. A key plan or other
means of correlating the calculations with the drawings is to be provided. [MR 1300.0130, Subp.
1]
4. Certification.
Geotechnical Report.
Earthwork Certification.
The Geotechnical Report (by Independent Testing Technologies, Inc., Project No. 17-004, dated
02/21/2017) and the Earthwork Certification letter (dated 07/05/2018) are certified using the
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 3
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An Equal Opportunity Employer
word “Registered” where it should state “Licensed.” This language was changed in 2003. See
attached “MN Certification.pdf.” Please address. [MR 1300.0130 Subp.1, MR 1800, MR 1805]
5. Electrical Drawings.
Please provide Electrical drawings certified by a Minnesota licensed Design Professional. Please
note that the State does not allow design/build.
6. Code Plan.
Fire-Resistant Construction.
Provide Code Plans that indicate locations of required type of fire-resistant construction (fire
wall, fire barrier, fire partition, etc.) and duration (½ hour, 1 hour, 2 hour, etc.). Please address.
Walls separating dwelling units. [IBC 420.2, 708]
Floor assemblies separating dwelling units. [IBC 420.3, 711]
Corridors. [IBC 1018.1, Table 1018.1, 708]
Interior exit stairways. [IBC 1022, 707]
Elevator. [IBC 713.14, 707, 711]
Exterior walls. [IBC 705.5, Tables 601 and 602]
Building Elements. [IBC Table 601]
7. Residential Energy Code, Chapter 1322.
Please note that this building is a mixed occupancy and falls under both the Minnesota
Residential Energy Code (Chapter 1322) and the Minnesota Commercial Energy Code (Chapter
1323).
The R-2 dwelling units and accessory spaces fall under the requirements of the Minnesota
Residential Energy Code (Chapter 1322). The following information is required on the
construction documents. Please address.
Mixed Occupancy. Where a building includes both residential and commercial
occupancies, each occupancy shall be separately considered and meet the applicable
provisions of this chapter and Chapter 1323. [MR 1322.0100, Subp. 3, D]
Residential Building. For this code, includes detached one- and two-family dwellings
and multiple single-family dwellings (townhouses) as well as Group R-2, R-3 and R-4
buildings three stories or less in height above grade plane. [1322.0202, 1323.0202]
Construction Documents. Construction documents shall be drawn to scale upon
suitable material. Electronic media documents are permitted to be submitted when
approved by the building official. Construction documents shall be of sufficient clarity to
indicate the location; nature, and extent of the work proposed, and show in sufficient
detail pertinent data and features of the building, systems, and equipment as herein
governed. The details shall include the following when applicable: [MR 1322.0103]
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 4
This information can be provided to you in alternative formats (Braille, large print or audio).
An Equal Opportunity Employer
A. Insulation materials and their R-values (MR Table R402.1.1);
B. Fenestration U-factors (MR Table R402.1.1) and SHGCs;
C. Area-weighted U-factor and SHGC calculations;
D. Mechanical system design criteria;
E. Mechanical and service water heating system and equipment types, sizes,
and efficiencies;
F. Equipment and systems controls;
G. Fan motor horsepower (hp) and controls;
H. Duct sealing, and the location and insulation of ducts and pipes;
I. Lighting fixture schedule with wattage and control narrative; and
J. Air sealing details.
8. Commercial Energy Code, Chapter 1323.
Energy Path and Compliance Documentation.
Please note that this building is a mixed occupancy and falls under both the Minnesota
Residential Energy Code (Chapter 1322) and the Minnesota Commercial Energy Code (Chapter
1323).
The S-1 parking garages (see Submittals Comment #9 below) fall under the requirements of the
Minnesota Commercial Energy Code (Chapter 1322).
Please indicate which of the options from the Commercial Energy Code MR 1323; Section
C401.2.1 has been chosen to obtain compliance [(2012 IECC or ASHRAE 90.1-2010) only one
can be used]. Provide supporting documentation for the Lighting as required for the compliance
path indicated.
Mixed Occupancy. Where a building includes both residential and commercial
occupancies, each occupancy shall be separately considered and meet the applicable
provisions of IECC – Commercial Provisions or IECC – Residential Provision. [MR
1323.0100, Subp. 7]
Application (New Buildings). Commercial buildings shall comply with one of the
following: [IECC C401.2]
1. The requirements of ANSI/ASHRAE/IESNA 90.1-2010.
2. The requirements of Sections C402, C403, C404 and C405. In addition,
commercial buildings shall comply with either Section C406.2, C406.3 or C406.4.
3. The requirements of Section C407, C402.4, C403.2, C404, C405.2, C405.3, C405.4,
C405.6 and C405.7. The building energy cost shall be equal to or less than 85
percent of the standard reference design building.
9. Code Summary, Sheet G0.0.
Please address the following items in the Code Summary on Sheet G0.0.
The following are the applicable codes for this project. Please confirm compliance, indicate in
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the Code Summary.
2015 Minnesota State Building Code (MSBC), Chapter 1305, which adopts and amends
the 2012 International Building Code (IBC)
2015 Minnesota Mechanical and Fuel Gas Code, Chapter 1346
2017 National Electrical Code, Chapter 1315
2015 Minnesota Plumbing Code, Chapter 4714
2015 Minnesota State Fire Code, Chapter 7511
2015 Minnesota Résidentiel Energy Code, Chapter 1322
2015 Minnesota Commercial Energy Code, Chapter 1323
2015 Minnesota Accessibility Code, Chapter 1341
The garages are indicated as Group U occupancies. The garages do not meet the classification
requirements of IBC 406.3.1 for a Group U occupancy. The closest occupancy Group is an S-1.
Please address.
Classification. Buildings or parts of buildings classified as Group U occupancies
because of the use or character of the occupancy shall be not greater than 1,000 square
feet in area or one story in height except as provided in Section 406.3.2. Any building or
portion thereof that exceeds the limitations specified in this section shall be classified in
the occupancy group other than Group U that it most nearly resembles. [IBC 406.3.1]
Is the building to be sprinkled with an NFPA 13 system (IBC 903.3.1.1) or a NFPA 13R system
(IBC 903.3.1.2)? Please note that when an NFPA 13R system is used, the sprinkler increase in
IBC 506.3 is not allowed. Please note that an NFPA 13 system is required in the two parking
garages. Revise the area calculations based on Group R-2 and S-1 occupancies and the sprinkler
type (13 or 13R). Please address.
Automatic Sprinkler System Increase. Where a building is equipped throughout with
an approved automatic sprinkler system in accordance with Section 903.3.1.1, the
building area limitation in Table 503 is permitted to be increased by an additional 200
percent (Is = 2) for buildings with more than one story above grade plane and an
additional 300 percent (Is = 3) for buildings with no more than one story above grade
plane. These increases are permitted in addition to the height and story increases in
accordance with Section 504.2. [IBC 506.3]
Allowable Building Area. In each story, the building area shall be such that the sum of
the ratios of the actual building area of each separated occupancy divided by the
allowable building area of each separated occupancy shall not exceed 1. [IBC 508.4.2]
Please indicate in the Code Summary, the number of Accessible (A117.1 Sect. 1002), Type A
(A117.1 Sect. 1003) and Type B (A117.1 Sect. 1004) dwelling units. Please address.
Design. Dwelling units and sleeping units that are required to be Accessible units, Type
A units and Type B units shall comply with the applicable portions of Chapter 10 of ICC
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A117.1. Units required to be Type A units are permitted to be designed and constructed
as Accessible units. Units required to be Type B units are permitted to be designed and
constructed as Accessible units or as Type A units. [1341.1107.2]
Type A Units. In Group R-2 occupancies containing more than seven dwelling units or
sleeping units, at least 2 percent but not less than one of the units shall be a Type A unit.
All Group R-2 units within a contiguous parcel of land development, irrespective of lot
lines and public rights-of-way within the development, shall be considered to determine
the total number of units and the required number of Type A units. Type A units shall be
dispersed among the various classes of units. Where three or more Type A units are
required, at least one Type A unit shall be provided with an accessible roll-in shower.
[MR 1341.1107.6.2.1.1]
Type B Units. Where there are four or more dwelling units or sleeping units intended to
be occupied as a residence in a single structure, every dwelling unit and sleeping unit
intended to be occupied as a residence shall be a Type B unit. [1341.1107.6.2.1.2]
Please indicate an occupant load for each floor in the Code Summary.
Design Occupant Load. In determining means of egress requirements, the number of
occupants for whom means of egress facilities shall be provided shall be determined in
accordance with this section. [IBC 1004.1]
Areas Without Fixed Seating. The number of occupants shall be computed at the rate
of one occupant per unit of area as prescribed in Table 1004.1.2. For areas without fixed
seating, the occupant load shall not be less than that number determined by dividing the
floor area under consideration by the occupant load factor assigned to the function of the
space as set forth in Table 1004.1.2. Where an intended function is not listed in Table
1004.1.2, the building official shall establish a function based on a listed function that
most nearly resembles the intended function. [IBC 1004.1.2]
10. Egress Width.
Code Plans.
Please indicate the exit occupant load at each exit, with required/provided egress widths on the
Code Plans.
Other Egress Components. The capacity, in inches, of means of egress components
other than stairways shall be calculated by multiplying the occupant load served by such
component by a means of egress capacity factor of 0.2 inch per occupant. [IBC 1005.3.2]
Stairways. The capacity, in inches, of means of egress stairways shall be calculated by
multiplying the occupant load served by such stairway by a means of egress capacity
factor of 0.3 inch per occupant. Where stairways serve more than one story, only the
occupant load of each story considered individually shall be used in calculating the
required capacity of the stairways serving that story. [IBC 1005.3.1]
11. Exterior Overhead Doors.
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Please provide documentation that the exterior overhead garage doors are designed for a
minimum 90 mph nominal wind speed (115 mph ultimate wind speed). [IBC Table 1609.3.1,
Fig. 1609B]
Applications. Buildings, structures and parts thereof shall be designed to withstand the
minimum wind loads prescribed herein. Decreases in wind loads shall not be made for
the effect of shielding by other structures. [IBC 1609.1]
Determination of Wind loads. Wind loads on every building or structure shall be
determined in accordance with Chapters 26 to 30 of ASCE 7 or provisions of the alternate
all-heights method in Section 1609.6. The type of opening protection required, the
ultimate design wind speed, Vult, and the exposure category for a site is permitted to be
determined in accordance with Section 1609 or ASCE 7. Wind shall be assumed to come
from any horizontal direction and wind pressures shall be assumed to act normal to the
surface considered. [IBC 1609.1.1]
Wind Speed. The ultimate design wind speed, Vult, in mph, for the determination of the
wind loads shall be determined by Figures 1609A, 1609B and 1609C. The ultimate
design wind speed, Vult, for use in the design of Risk Category III and IV buildings and
structures shall be obtained from Figure 1609B. [IBC 1609.3]
General Building Design Comments:
1. Type of Construction.
Please note that the Authority Having Jurisdiction (AHJ) for inspections (City of Elk River) will
verify the Type of construction (V-A) classification as indicated in the Code Summary. Any
discrepancies in the type of construction noted by the AHJ Inspector will require an upgrade to
the required standard. Please address.
2. Attic Draftstopping.
Roof Plan, 2/A2.1.
Attic draftstopping is not required in a fully sprinklered building (NFPA 13 system). See
Submittals Comment #9 above. Please address.
Groups R-1 and R-2. Draftstopping is not required in buildings equipped throughout
with an automatic sprinkler system in accordance with Section 903.3.1.1. [IBC 718.4.2,
Exception #2]
3. Wall Sill Plates.
Detail, 2/A4.0.
Sill plates are required to be preservative-treated lumber if located less than 8 inches above
adjacent grade. Please address.
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Wood Supported by Exterior Foundation Walls. Wood framing members, including
wood sheathing, that rest on exterior foundation walls and are less than 8 inches from
exposed earth shall be of naturally durable or preservative-treated wood. [IBC
2304.11.2.2]
4. Ice Barrier.
Roof – Ceiling Assembly, 6/A4.1.
Please note the minimum ice barrier requirements. Please address.
Ice Barrier. In areas where there has been a history of ice forming along the eaves
causing a backup of water, an ice barrier that consists of at least two layers of
underlayment cemented together or of a self-adhering polymer modified bitumen sheet
shall be used in lieu of normal underlayment and extend from the lowest edges of all roof
surfaces to a point at least 24 inches inside the exterior wall line of the building. [IBC
1507.2.8.2]
5. Deck Flashing.
Detail, 3/A4.2.
Section, 6/S5.
Please address how the decks will be flashed at the face of the building.
Flashing. Flashing shall be installed in such a manner so as to prevent moisture from
entering the wall or to redirect it to the exterior. Flashing shall be installed at the
perimeters of exterior door and window assemblies, penetrations and terminations of
exterior wall assemblies, exterior wall intersections with roofs, chimneys, porches, decks,
balconies and similar projections and at built-in gutters and similar locations where
moisture could enter the wall. Flashing with projecting flanges shall be installed on both
sides and the ends of copings, under sills and continuously above projecting trim. [IBC
1405.4]
6. Recycling Space.
Where is the Recycling Space located? Please indicate the location on the Floor Plans. Please
address.
Requirement. Space must be provided for the collection, separation, and temporary
storage of recyclable materials within or adjacent to all new or significantly remodeled
buildings or structures that contain 1,000 square feet or more. [MR 1303.1500, Subp. 1]
Location. Space designated for recycling shall be located so it is at least as convenient as
the location where other solid waste is collected. If feasible, recycling space should be
adjacent to other solid waste collection space. Recycling space must be located and
designed in accordance with the provisions of this code and ordinances of the jurisdiction.
[MR 1303.1500, Subp. 2]
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Identification on Plans. Space designated for recycling must be identified on plans
submitted for a building permit. [MR 1303.1500, Subp. 3]
Minimum Space. Space designated for recycling must be sufficient to contain all the
recyclable materials generated from the building. The minimum amount of recycling
space required must be the number of square feet determined by multiplying the gross
square feet of floor areas assigned to each use within a building as set forth in subpart 5,
Table 1-A, times the corresponding factor. [MR 1303.1500, Subp. 4]
7. Sound Transmission.
Please confirm the sound transmission requirements of IBC 1207.2 and 1207.3 are being met.
Please address.
Air-Borne Sound. Walls, partitions and floor/ceiling assemblies separating dwelling
units from each other or from public or service areas shall have a sound transmission
class (STC) of not less than 50 (45 if field tested) for air-borne noise when tested in
accordance with ASTM E 90. Penetrations or openings in construction assemblies for
piping; electrical devices; recessed cabinets; bathtubs; soffits; or heating, ventilating or
exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the
required ratings. This requirement shall not apply to dwelling unit entrance doors;
however, such doors shall be tight fitting to the frame and sill. [IBC 1207.2]
Structure-Borne Sound. Floor/ceiling assemblies between dwelling units or between a
dwelling unit and a public or service area within the structure shall have an impact
insulation class (IIC) rating of not less than 50 (45 if field tested) when tested in
accordance with ASTM E 492. [IBC 1207.3]
Fire-Resistance Comments:
1. Firestopping.
All horizontal/vertical penetrations in fire-resistance rated wall/floor assemblies are required to
be fire-stopped or sealed in accordance with IBC Chapter 7 for the necessary rating protection.
Provisions for required fire-stop conditions must be included as part of this project. Please
address.
2. Column Protection.
First Floor, 1/A2.0.
Second Floor Framing Plan, Sheet S2.
The steel columns in the garage are supporting 1 hour horizontal assemblies above and are
required to be rated for 1 hour. How will these steel columns be protected; provide fireproofing
details/requirements? Please address.
Continuity. Assemblies shall be continuous without openings, penetrations or joints
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except as permitted by this section and Sections 712.1, 714.4, 715, 1009.3 and 1022.1.
Skylights and other penetrations through a fire-resistance-rated roof deck or slab are
permitted to be unprotected, provided that the structural integrity of the fire-resistance-
rated roof assembly is maintained. Unprotected skylights shall not be permitted in roof
assemblies required to be fire-resistance rated in accordance with Section 705.8.6. The
supporting construction shall be protected to afford the required fire-resistance rating of
the horizontal assembly supported. [IBC 711.4]
Column Protection. Where columns are required to have protection to be fire-resistance
rated, the entire column shall be provided individual encasement protection by protecting
it on all sides for the full column length, including connections to other structural
members, with materials having the required fire-resistance rating. Where the column
extends through a ceiling, the encasement protection shall be continuous from the top of
the foundation or floor/ceiling assembly below through the ceiling space to the top of the
column. [IBC 704.2]
3. Protection of the Primary Structural Frame Other Than Columns.
Second Floor Framing Plan, Sheet S2.
Determine and indicate which steel beams are required (if any) to have individual encasement
protection. How will these steel beams (having direct connections to the columns) be protected;
provide fireproofing details/requirements? Please address.
Protection of the Primary Structural Frame Other Than Columns. Members of the
primary structural frame other than columns that are required to have protection to
achieve a fire-resistance rating and support more than two floors or one floor and roof, or
support a load-bearing wall or a nonload-bearing wall more than two stories high, shall be
provided individual encasement protection by protecting them on all sides for the full
length, including connections to other structural members, with materials having the
required fire-resistance rating. [IBC 704.3]
4. Door and Frame Schedule, Sheet A8.0.
Please address the following door requirements.
Doors 6 at the elevator are required to meet the requirements of IBC 713.14.1, Exception
#3 (smoke and draft control).
Doors 8 at each end of the First Floor corridor (into the garages) are in 2 hour fire
barriers. The doors are required to have a fire-resistance rating of 90 minutes as per IBC
Table 716.5.
Door 18 is indicated as having a fire-resistance rating of 60 minutes. Where is this door
located?
5. Fire Door and Shutter Assemblies.
Door and Frame Schedule, Sheet A8.0.
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Openings in fire-resistant assemblies must meet the requirements of IBC 716.5, Table 716.5 and
1008.1.10.1 for doors, frames and hardware. Please confirm compliance.
Fire Door and Shutter Assemblies. Approved fire door and fire shutter assemblies shall
be constructed of any material or assembly of component materials that conforms to the
test requirements of Section 716.5.1, 716.5.2 or 716.5.3 and the fire protection rating
indicated in Table 716.5. Fire door frames with transom lights, sidelights or both shall be
permitted in accordance with Section 716.5.6. Fire door assemblies and shutters shall be
installed in accordance with the provisions of this section and NFPA 80. [IBC 716.5]
Installation. Where panic or fire exit hardware is installed, it shall comply with the
following: [IBC 1008.1.10.1]
1. Panic hardware shall be listed in accordance with UL 305;
2. Fire exit hardware shall be listed in accordance with UL 10C and UL 305;
3. The actuating portion of the releasing device shall extend at least one-half of
the door leaf width; and
4. The maximum unlatching force shall not exceed 15 pounds.
Swinging fire doors shall be permitted to be furnished separately from labeled door
frames and builders hardware if the complete fire door assembly, including the door,
frame, and builders hardware, comprise a labeled fire door assembly. [NFPA 80
2010/2013 Section 4.3.2]
Fire doors furnished with or prepared for fire exit hardware shall bear a label stating “Fire
Door to be Equipped with Fire Exit Hardware.” [NFPA 80 2010/2013 Section 4.3.3]
Only labeled fire door hardware shall be used.” [NFPA 80 2010/2013 Section 7.4.3.1.1]
6. Fire-Resistant Construction Marking and Identification.
All new fire-resistant construction must be marked/identified as per IBC Section 707.7.
Please address.
Fire walls, fire barriers, fire partitions, smoke barriers and smoke partitions or any other
wall required to have protected openings or penetrations shall be effectively and
permanently identified with signs or stenciling. Such identification shall: [IBC 703.7]
1. Be located in accessible concealed floor, floor-ceiling or attic spaces;
2. Be located within 15 feet of the end of each wall and at intervals not exceeding
30 feet measured horizontally along the wall or partition; and
3. Include lettering not less than 3 inches in height with a minimum 3/8 inch stroke
in a contrasting color incorporating the suggested wording. "FIRE AND/OR
SMOKE BARRIER—PROTECT ALL OPENINGS" or other wording.
Fire Alarm and Detection Systems Comments:
1. Group R-2 Occupancy.
A fire alarm system is required as per MR 1305.0907.2.9. Please confirm compliance.
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Group R-2. In Group R-2 occupancies required by Section 907 to have a fire alarm
system, all dwelling units and sleeping units shall be provided with the capability to
support visible alarm notification appliances in accordance with Chapter 10 of ICC
A117.1. Such capability shall be permitted to include the potential for future
interconnection of the building fire alarm system with the unit smoke alarms, replacement
of audible appliances with combination audible/visible appliances, or future extension of
the existing wiring from the unit smoke alarm locations to required locations for visible
appliances. [IBC 907.5.2.3.4]
2. Smoke Alarms.
Please confirm that smoke alarms will be provided in required locations.
Groups R-2, R-3, R-4 and I-1. Single- or multiple-station smoke alarms shall be
installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at
all of the following locations: [IBC 907.2.11.2]
1. On the ceiling or wall outside of each separate sleeping area in the immediate
vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements but not including crawl
spaces and uninhabitable attics. In dwellings or dwelling units with split levels
and without an intervening door between the adjacent levels, a smoke alarm
installed on the upper level shall suffice for the adjacent lower level provided
that the lower level is less than one full story below the upper level.
3. Carbon Monoxide Alarms.
Please confirm that carbon monoxide alarms will be provided in required locations.
Carbon Monoxide Alarms. Group I or R occupancies located in a building containing a
fuel-burning appliance or in a building that has an attached garage shall be equipped with
single-station carbon monoxide alarms. The carbon monoxide alarms shall be: [MR
1305.0908.7]
a. Listed in complying with UL 2034;
b. Installed and maintained in accordance with NFPA 720 an the manufacturer’s
instructions; and
c. Installed within 10 feet of each sleeping unit or sleeping room.
4. Visible Alarms.
Please confirm that visible alarms are provided in all public and common areas.
Public and Common Areas. Visible alarm notification appliances shall be provided in
public areas and common areas. [IBC 907.5.2.3.1]
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5. Return Air Systems.
Please confirm as to whether detectors are required/provided within the return air system.
Return Air Systems. Smoke detectors shall be installed in return air systems with a
design capacity greater than 2,000 cfm (or if it is a common supply air and return air
system greater than 2,000 cfm), in the return air duct or plenum upstream of any filters,
exhaust air connections, outdoor air connections, or decontamination equipment and
appliances (unless the exception applies). [IMC 606.2.1]
o Exception: Smoke detectors are not required in the return air system where all
portions of the building served by the air distribution system are protected by area
smoke detectors connected to a fire alarm system in accordance with the MSFC.
The area smoke detection system shall comply with IMC Section 606.4.
6. Enclosed Parking Garages.
Confirm CO and NO2 detection and ventilation requirements. Please address.
Enclosed Parking Garages. Mechanical ventilation systems shall operate automatically
upon detection of certain gas concentrations. If the parking garage will house vehicles
that emit carbon monoxide (CO), the parking garage must be equipped with a CO
detection device that will trigger the mechanical system to operate automatically upon
detection of a CO level of 25 parts per million (ppm). If the parking garage will house
vehicles that emit nitrogen dioxide (NO2), the parking garage shall be equipped with a
NO2 detection device that triggers the mechanical system to operate automatically upon
detection of a NO2 level of 3 ppm. If the parking garage will house vehicles that emit
both CO and NO2, the parking garage shall be equipped with both types of detection
devices. [MR 1346.0404.1]
Minimum Exhaust. The mechanical ventilation system shall be capable of producing a
minimum exhaust rate of 0.75 cfm per square foot of floor area. [MR 1346.0404.1]
(MOE) Exiting Comments:
1. Means of Egress Illumination and Exit signs.
When two exits are required from a room or space, exit signs and means of egress illumination
(interior and exterior) are required at each exit. Exterior exit illumination must be interconnected
with the required emergency power backup system as part of the required exit discharge system.
Please confirm the required locations of exit signs and means of egress illumination. [IBC 1006,
IBC 1011]
2. Window Fall Protection.
Window fall protection is required and must meet the requirements of MR 1305.1013.8 and IBC
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1313.8.1. Please address.
Window Sills. In occupancy groups R-1, R-2, and R-3 where the lowest part of the
opening of an operable window is located more than 72 inches above the finished grade
or other surface below, the lowest part of the window opening shall be at a height not less
than 36 inches above the finished floor surface of the room in which the window is
located. Operable sections of windows shall not permit openings that allow passage of a
4-inch-diameter sphere where such openings are located within 36 inches of the finished
floor. [MR 1305.1013.8]
Window Opening Control Devices. Window opening control devices shall comply with
ASTM F 2090. The window opening control device, after operation to release the control
device allowing the window to fully open, shall not reduce the minimum net clear
opening area of the window unit to less than the area required by Section 1029.2. [IBC
1013.8.1]
3. Electrical Rooms.
Depending on the equipment rating, Electrical Rooms may require two doors, panic hardware
and doors that swing in the direction of egress. Please confirm door and hardware requirements.
Please address.
Electrical rooms with equipment rated 1,200 amperes or more and over 6 feet wide that
contain overcurrent devices, switching devices or control devices with exit access doors
must be equipped with panic hardware and doors must swing in the direction of egress.
[IBC 1008.1.10]
An electrical room with equipment rated below 1,200 amperes requires one door. With
equipment rated at or greater than 1,200 amperes, two doors are required. Doors shall be
equipped with panic hardware and swing in the direction of egress. [NEC 110.26(C)(1),
NEC 110.26(C)(2)]
4. Two-Way Communication.
Please address the two-way communication requirements at the elevators.
Two-Way Communication. A two-way communication system shall be provided at the
elevator landing on each accessible floor that is one or more stories above or below the
story of exit discharge complying with Sections 1007.8.1 and 1007.8.2. [IBC 1007.8]
System Requirements. Two-way communication systems shall provide communication
between each required location and the fire command center or a central control point
location approved by the fire department. Where the central control point is not
constantly attended, a two-way communication system shall have a timed automatic
telephone dial-out capability to a monitoring location or 9-1-1. The two-way
communication system shall include both audible and visible signals. [IBC 1007.8.1]
Directions. Directions for the use of the two-way communication system, instructions
for summoning assistance via the two-way communication system and written
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identification of the location shall be posted adjacent to the two-way communication
system. [IBC 1007.8.2]
Accessibility Comments:
1. Fixture Mounting Heights.
Accessibility Requirements, Sheet G0.1.
Please note the following accessible fixture mounting height/requirements.
The accessible water closet, tub and shower horizontal grab bar height is not properly
dimensioned from the floor. Please address.
Grab Bars. Grab bars for water closets shall comply with Section 609 and shall be
provided in accordance with Sections 604.5.1 and 604.5.2. Grab bars shall be provided
on the rear wall and on the side wall closest to the water closet. [A117.1 Sect. 604.5]
General. Grab bars shall be installed in a horizontal position, 33 inches minimum and 36
inches maximum above the floor measured to the top of the gripping surface. [A117.1
Sect. 609.4.1, Fig. 604.5.1, Fig. 604.5.2]
Fig. 604.5.1 Fig. 604.5.2
The protruding dispenser location is not properly dimensioned from the rear wall.
Dispensers. Toilet paper dispensers shall comply with Section 309.4. Dispensers
located above the grab bar shall be recessed and the outlet of the dispenser shall be
located within an area 24 inches minimum and 36 inches maximum from the rear wall.
Where the dispenser is located below the grab bar, the outlet of the dispenser shall be
located within an area 24 inches minimum and 42 inches maximum from the rear wall.
The outlet of the dispenser shall be located 18 inches minimum and 48 inches maximum
above the floor. Dispensers shall comply with Section 609.3. Dispensers shall not be of
the type that control delivery, or do not allow continuous paper flow. [MR 1341.0604.7,
Fig. 604.7]
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Fig. 604.7
The width of the accessible transfer-type shower is dimensioned as 3’-0” minimum. Please note
that in a Transfer-Type shower, the inside clear width is a fixed dimension of 36 inches. Please
address.
Size. Transfer-type shower compartments shall have a clear inside dimension of 36
inches in width (fixed dimension) and 36 inches in depth, measured at the center point of
opposing sides. An entry 36 inches minimum in width shall be provided. [A117.1 Sect.
608.2.1.1, Fig. 608.2.1]
Fig. 608.2.1
2. Accessible Parking Stalls and Access Aisles.
Architectural Site Plan, Sheet A1.0.
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ELK RIVER, MN
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7/11/2018 Page 17
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Site and Utility Plan, Sheet C1.
Please address the following items on the Site Plans.
The width of the accessible parking spaces and access aisle are not indicated. Please address.
Vehicle Space Size. Car and van parking spaces shall be 96 inches minimum in width.
[MR 1341.0502.2]
Width. Access aisles serving car and van parking spaces shall be 96 inches minimum in
width. [MR 1341.0502.4.2]
Accessible parking access aisles require signage. Please address.
Marking. Access aisles shall be marked so as to discourage parking in them and be
provided with the designation “No Parking.” The “No Parking” designation shall be
provided on a sign centered at the head end of the access aisle a maximum of 96 inches
from the head of the access aisle, and be mounted 60 inches minimum and 66 inches
maximum above the floor of the access aisle, measured to the bottom of the sign. Where
access aisles are marked with lines, the width measurements of access aisles and adjacent
parking spaces shall be made from the centerline of the markings. [MR 1341.0502.4.4]
o Marking. A sign indicating no parking shall not be required where the sign
would obstruct a curb ramp or pedestrian route. In this case, the “No Parking”
designation shall be provided on the surface of the access aisle. [MR
1341.0502.4.4, Exception #1]
The height of the accessible parking sign is not indicated. Please address.
Identification. Accessible parking spaces shall be identified by signs complying with
Minnesota Statutes, Section 169.346, and include the International Symbol of
Accessibility complying with Section 703.6.3.1. Where all accessible parking spaces do
not provide a minimum vertical clearance of 98 inches, signs identifying van parking
spaces shall contain the designation “van accessible.” Signs shall be centered at the head
end of the parking space a maximum of 96 inches from the head of the parking space, and
be mounted 60 inches minimum and 66 inches maximum above the floor of the parking
space, measured to the bottom of the sign (the accessible sign height is measured from the
ground to the bottom of the accessible sign, not the van sign). [MR 1341.0502.7]
3. Accessible Van Parking.
First Floor, 1/A2.0.
Please note that the accessible parking space within each garage is required to be a van accessible
space. See Accessibility Comment #2 above for requirements. Please address.
Van Spaces. For every six or fraction of six accessible parking spaces, at least one shall
be a van-accessible parking space. [1341.1106.5]
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 18
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4. Public Telephones.
First Floor, 1/A2.0.
The telephone in the entry vestibule must meet the requirements of MR 1109.17. Please address.
Public Telephones. Where coin-operated public pay telephones, coinless public pay
telephones, public closed-circuit telephones, courtesy telephones, or other types of public
telephones are provided, public telephones shall be provided in accordance with Section
1109.17 for each type of public telephone provided. For purposes of this section, a bank
of telephones shall be considered two or more adjacent telephones. For purposes of this
section, “public building” means a building or portion of a building constructed by, on
behalf of, or for the use of the state of Minnesota or any local government and any
department, agency, public school district, special purpose district, or other
instrumentality of the state or local government. [MR 1341.1109.17]
5. One Bedroom – 1D ADA, 1/A6.0.
Please address the following accessible items.
The sink is within the water closet clear depth. Please address.
Clearance Depth. The depth of the clearance around the water closet shall be measured
perpendicular from the rear wall and comply with Section 604.3.2.1 or 604.3.2.2. [MR
1341.0604.3.2, Fig. 604.3]
Overall Clearance. The overall clearance around the water closet shall be 78 inches
minimum in depth. [MR 1341.0604.3.2.1]
Water Closet Clearance. The depth of the clearance around the water closet shall be 48
inches minimum plus the depth of the water closet fixture. [MR 1341.0604.3.2.2]
Fig. 604.3
For water closet and shower grab bar requirements, see Sheet G0.1 and Accessibility Comment
#1 above. Please address.
The door threshold to the deck/patio cannot exceed ½ inch. Please address.
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 19
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Thresholds. If provided, thresholds at doorways shall be ½ inch maximum in height.
Raised thresholds and changes in level at doorways shall comply with Sections 302 and
303. [A117.1 Sect. 404.2.4]
Vertical. Changes in level of ¼ inch maximum in height shall be permitted to be
vertical. [A117.1 Sect. 303.2]
Fig. 303.2
Beveled. Changes in level greater than ¼ inch in height and not more than ½ inch
maximum in height shall be beveled with a slope not steeper than 1:2. [A117.1 Sect.
303.3]
Fig. 303.3
Please note the following accessible appliance requirements. Please address.
Washer/Dryer.
General. Accessible washing machines and clothes dryers shall comply with Section
611. [A117.1 Sect. 611.1]
Clear Floor Space. A clear floor space complying with Section 305, positioned for
parallel approach, shall be provided. For top loading machines, the clear floor space shall
be centered on the appliance. For front loading machines, the centerline of the clear floor
space shall be offset 24 inches maximum from the centerline of the door opening.
[A117.1 Sect. 611.2]
Operable Parts. Operable parts, including doors, lint screens, detergent and bleach
compartments, shall comply with Section 309. [A117.1 Sect. 611.3]
Height. Top loading machines shall have the door to the laundry compartment 36 inches
maximum above the floor. Front loading machines shall have the bottom of the opening
to the laundry compartment 15 inches minimum and 36 inches maximum above the floor.
[A117.1 Sect. 611.4]
Oven/Range.
Oven. Ovens shall comply with Section 804.5.5. [A117.1 Sect. 804.5.5]
Clear Floor Space. A clear floor space shall be provided. The oven door in the open
position shall not obstruct the clear floor space for the oven. [A117.1 Sect. 804.5.5.1]
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 20
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Side-Hinged Door Ovens. Side-hinged door ovens shall have a work surface complying
with Section 804.3 positioned adjacent to the latch side of the oven door. [A117.1 Sect.
804.5.5.2]
Bottom-Hinged Door Ovens. Bottom-hinged door ovens shall have a work surface
complying with Section 804.3 positioned adjacent to one side of the door. [A117.1 Sect.
804.5.5.3]
Controls. The location of controls shall not require reaching across burners. [A117.1
Sect. 804.5.5.4]
Dishwasher.
Dishwasher. A clear floor space positioned adjacent to the dishwasher door, shall be
provided. The dishwasher door in the open position shall not obstruct the clear floor
space for the dishwasher or an adjacent sink. [A117.1 Sect. 804.5.3]
Refrigerator/Freezer.
Refrigerator/Freezer. Combination refrigerators and freezers shall have at least 50
percent of the freezer compartment shelves, including the bottom of the freezer, 54 inches
maximum above the floor when the shelves are installed at the maximum heights possible
in the compartment. A clear floor space, positioned for a parallel approach to the
refrigerator/freezer, shall be provided. The centerline of the clear floor space shall be
offset 24 inches maximum from the centerline of the appliance. [A117.1 Sect. 804.5.6]
6. Lounge.
First Floor, 1/A2.0.
Appliances in the Lounge are required to be accessible. See Accessibility Comment #5 above for
requirements. Please address.
Structural Comments:
1. Sprinkler Support.
Please confirm that the building structure and sprinkler hangers are capable of supporting the
sprinkler piping as required by NFPA 13, 9.2.1.3.1. Please address.
Please note that individual structural elements and hangers are also required to meet the
requirements of NFPA 13, 9.2.1.3.1 (see below). Note that the 250 lb point load is considered a
temporary construction load and is not additive to the supporting structure (example: hanger –
yes, joist – yes, beam supporting joist – no).
Weights of Water-Filled Pipe from NFPA 13
Nominal
lb/ft of Water-Filled Pipe
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 21
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Pipe Size
(in.)
Sched.
40
Sched.
10
1
2.05
1.81
1.25
2.93
2.52
1.5
3.61
3.04
2
5.13
4.22
2.5
7.89
5.89
3
10.82
7.94
3.5
13.48
9.78
4
16.4
11.78
5
23.47
17.3
6
31.69
23.03
8
47.7
40.08
Building Structure. Unless the requirements of 9.2.1.3.3 apply, sprinkler piping shall be
substantially supported from the building structure, which must support the added load of
the waterfilled pipe plus a minimum of 250 lb applied at the point of hanging, except
where permitted by 9.2.1.1.2, 9.2.1.3.3, and 9.2.1.4.1. [NFPA 13, 9.2.1.3.1]
Building Structure. Trapeze hangers shall be used where necessary to transfer loads to
appropriate structural members. [NFPA 13, 9.2.1.3.2]
2. Section, 9/S4.
Foundation Plan, Sheet S2.
Referenced Section 9/S4 does not appear to be the correct section. 9/S4 is a copy of Alternate
Footing Step Section 2A/S4. Please address.
3. Deck Guards.
Section 6/S5.
Section, 1/S6.
Deck guards are not detailed for type (material) and attachment. Please address.
Handrails and Guards. Handrails and guards shall be designed to resist a linear load of
50 pounds per linear foot (plf) in accordance with Section 4.5.1 of ASCE 7. Glass
handrail assemblies and guards shall also comply with Section 2407. [IBC 1607.8.1]
Concentrated Load. Handrails and guards shall also be designed to resist a concentrated
load of 200 pounds in accordance with Section 4.5.1 of ASCE 7. [IBC 1607.8.1.1]
Intermediate Rails. Intermediate rails (all those except the handrail), balusters and panel
fillers shall be designed to resist a concentrated load of 50 pounds in accordance with
Section 4.5.1 of ASCE 7. [IBC 1607.8.1.2]
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 22
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Mechanical Comments:
1. Radon Mitigation.
All new residential structures are required to have a passive or active radon mitigation system.
Please provide plans(s), sections and details of the system that will be installed. Indicate
locations/requirements on the Foundation Plan (or other applicable plan). Please address.
Applicability; Residential Structures. The purpose of parts 1303.2400 to 1303.2402 is
to establish minimum requirements for passive radon control systems that apply to all
new residential structures listed in items A to H: [MR 1303.2400, Subp. 1]
A. One-family dwellings;
B. Two-family dwellings;
C. Townhouses;
D. Apartment buildings;
E. Condominiums;
F. Multistory buildings that include any residential occupancy;
G. Mixed-occupancy buildings that include any residential occupancy; and
H. Any addition to an existing dwelling that currently has a radon control system
incorporated into the existing building.
If a fan is installed in a passive radon control system, this creates an active radon control
system that must comply with the requirements of parts 1303.2400 to 1303.2403.
2. Access and Service Space.
Please confirm that adequate space is provided for servicing appliances.
Access for Maintenance and Replacement. Appliances shall be accessible for
inspection, service, repair and replacement without disabling the function of a fire-
resistance-rated assembly or removing permanent construction, other appliances, venting
systems or any other piping or ducts not connected to the appliance being inspected,
serviced, repaired or replaced. A level working space at least 30 inches deep and 30
inches wide shall be provided in front of the control side to service an appliance. [IMC
306.1]
3. HVAC Duct Dampers.
Do any ducts penetrate fire-resistant construction? Please confirm that all ducts that penetrate
fire-resistant construction are provided with fire, smoke, fire/smoke dampers (where applicable).
Please indicate all required damper types and locations on the Mechanical Sheets. Please
address.
Where Required. Fire dampers, smoke dampers and combination fire/smoke dampers
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 23
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shall be provided at the locations prescribed in Sections 717.5.1 through 717.5.7 and
717.6. Where an assembly is required to have both fire dampers and smoke dampers,
combination fire/smoke dampers or a fire damper and a smoke damper shall be required.
[IBC 717.5]
Please confirm that all fire, smoke and fire/smoke dampers are provided with a means of access
and shall be permanently identified on the exterior.
Access and Identification. Fire and smoke dampers shall be provided with an approved
means of access, which is large enough to permit inspection and maintenance of the
damper and its operating parts. The access shall not affect the integrity of fire-resistance-
rated assemblies. The access openings shall not reduce the fire-resistance rating of the
assembly. Access points shall be permanently identified on the exterior by a label having
letters not less than ½ inch in height reading: FIRE/SMOKE DAMPER, SMOKE
DAMPER or FIRE DAMPER. Access doors in ducts shall be tight fitting and suitable
for the required duct construction. [IBC 717.4]
4. HVAC Duct Support.
Please confirm duct support requirements.
Ducts shall be supported at intervals not to exceed 12 feet and shall be in accordance with
SMACNA HVAC Duct Construction Standards—Metal and Flexible. Flexible and other
factory-made ducts shall be supported in accordance with the manufacturer’s instructions.
[IMC 603.10]
5. Domestic Range Hoods.
Confirm that the domestic range hoods meet the requirements of MR 1346.0505.1. Please
address.
Domestic Systems. Where domestic range hoods and domestic appliances equipped with
downdraft exhaust are located within dwellings, the hoods and appliances shall discharge
to the outdoors through ducts constructed of galvanized steel, stainless steel, aluminum,
or copper. The ducts shall have smooth inner walls and shall be air tight and equipped
with a backdraft damper. Domestic kitchen exhaust hoods ducted to the outdoors shall
have makeup air provided according to Minnesota Rules, part 1346.0501. Refer to part
1346.6010 for Table C-1, “Recommended Capacities for Domestic Kitchen Exhaust
Hoods.” [MR 1346.0505.1]
How is the makeup air quantity being determined and supplied? Please address.
Makeup Air in New Dwelling Units. Makeup air quantity for new dwelling units shall
be determined by using IMC Table 501.4.1 and shall be supplied in accordance with IMC
Section 501.4.2. [MR 1346.0501.4.1]
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 24
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Energy Code Comments:
1. Building Certificate.
A completed building certificate is required before a Certificate of Occupancy can be issued.
Please address.
Certificate (Mandatory). A building certificate shall be completed and posted on or in
the electrical distribution panel by the builder or registered design professional. The
certificate shall not cover or obstruct the visibility of the circuit directory label, service
disconnect label, or other required labels. The certificate shall list: the date the certificate
is installed; the dwelling address; residential contractor name and contractor license
number, or homeowner name, if acting as the general contractor; the predominant
installed R-values, their location, and type of insulation installed in or on ceiling/roof,
walls, rim/band joist, foundation, slab, basement wall, crawl space wall or floor, and
ducts outside conditioned spaces; U-factors for fenestration and the solar heat gain
coefficient (SHGC) of fenestration; and the results of any required duct system and
building envelope air leakage testing done on the building. Where there is more than one
value for each component, the certificate shall list the value covering the largest area.
The certificate shall list the types, input ratings, manufacturers, model numbers and
efficiencies of heating, cooling, and service water heating equipment. The certificate
shall also list the structure's calculated heat loss, calculated cooling load, and calculated
heat gain. Where an electric furnace or baseboard electric heater is installed in the
residence, the certificate shall list “electric furnace” or “baseboard electric heater,” as
appropriate. An efficiency shall not be listed for electric furnaces or electric baseboard
heaters. The certificate shall list the mechanical ventilation system type, location, and
capacity, and the building's designated continuous and total ventilation rates. The
certificate shall also list the type, size, and location of any make-up air system installed
and the location or future location of the radon fan. [MR 1322.0401.3]
2. Blower Door Test.
Every new residential building or dwelling unit is required to pass a blower door test.
Documentation of the test is required to be submitted to the AHJ for Inspections (City of Elk
River), reviewed and approved before the issuance of a Certificate of Occupancy. Please
address.
Testing. The building or dwelling unit shall be tested and verified as having an air
leakage rate of not exceeding 5 air changes per hour in Climate Zones 1 and 2, and 3 air
changes per hour in Climate Zones 3 through 8. Testing shall be conducted with a blower
door at a pressure of 0.2 inches w.g. Where required by the code official, testing shall be
conducted by an approved third party. A written report of the results of the test shall be
signed by the party conducting the test and provided to the code official. Testing shall be
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 25
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performed at any time after creation of all penetrations of the building thermal envelope.
[IECC R402.4.1.2]
During Testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not
sealed, beyond the intended weatherstripping or other infiltration control measures;
2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be
closed, but not sealed beyond intended infiltration control measures;
3. Interior doors, if installed at the time of the test, shall be open;
4. Exterior doors for continuous ventilation systems and heat recovery ventilators shall
be closed and sealed;
5. Heating and cooling systems, if installed at the time of the test, shall be turned off;
And
6. Supply and return registers, if installed at the time of the test, shall be fully open.
3. Duct Insulation.
All (Chapt. 1322) ductwork requires insulation. Please address.
Insulation (Prescriptive). All exhaust, supply, and return air ducts and plenums shall be
insulated according to Table R403.2.1. [MR 1322.0403.2.1]
For the purposes of Table R403.2.1, the following applies:
a. Insulation is only required in the conditioned space for a distance of 3 feet from
the exterior or unconditioned space.
b. V means the vapor retarder in accordance with IMC Section 604.11. When a
vapor retarder is required, duct insulation required by this section shall be
installed without respect to other building envelope insulation.
c. W means an approved weatherproof barrier.
TABLE R403.2.1 MINIMUM REQUIRED DUCT AND PLENUM
INSULATION FOR DWELLING UNITS
DUCT TYPE/LOCATION REQUIREMENTS
Exterior of building R3.3, V, and W
Attics, garages, and ventilated crawl spaces R-8 and V
Outdoor air intakes within conditioned spaces R3.3 and V
Exhaust ducts within conditioned spaces R3.3 and V
Within cement slab or within ground R3.5 and V
Within conditioned spaces and in basements
with insulated walls None Required
4. Duct Sealing.
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 26
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All (Chapt. 1322) ductwork is required to be sealed. Please address.
Sealing (Mandatory). Ducts, air handlers, and filter boxes shall be sealed. Joints and
seams shall comply with either the International Mechanical Code or International
Residential Code, as applicable. [IECC R403.2.2]
Exceptions:
1. Air-impermeable spray foam products shall be permitted to be applied
without additional joint seals.
2. Where a duct connection is made that is partially inaccessible, three
screws or rivets shall be equally spaced on the exposed portion of the
joint so as to prevent a hinge effect.
3. Continuously welded and locking-type longitudinal joints and seams in
ducts operating at static pressures less than 2 inches of water column
pressure classification shall not require additional closure systems.
Duct tightness shall be verified, but the total leakage test is not required for ducts and air
handlers located entirely within the building thermal envelope.
5. Hot Water Pipe Insulation.
Hot water pipes (Chapt. 1322) are required to be insulated. Please address.
R403.4.2 Hot Water Pipe Insulation (Prescriptive). Insulation for hot water pipe with
a minimum thermal resistance (R-value) of R-3 shall be applied to the following: [IECC
R403.4.2]
1. Piping larger than 3/4 inch nominal diameter.
2. Piping serving more than one dwelling unit.
3. Piping from the water heater to kitchen outlets.
4. Piping located outside the conditioned space.
5. Piping from the water heater to a distribution manifold.
6. Piping located under a floor slab.
7. Buried piping.
8. Supply and return piping in recirculation systems other than demand
recirculation systems.
9. Piping with run lengths greater than the maximum run lengths for the nominal
pipe diameter given in Table R403.4.2.
All remaining piping shall be insulated to at least R-3 or meet the run length requirements
of Table R403.4.2.
TABLE R403.4.2 MAXIMUM RUN LENGTH (feet)a
Nominal Pipe Diameter of Largest 3/8 1/2 3/4 > 3/4
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 27
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Diameter Pipe in the Run (inch)
Maximum Run Length 30 20 10 5
a. Total length of all piping from the distribution manifold
or the recirculation loop to a point of use.
6. Mechanical Ventilation.
Balanced mechanical ventilation (Chapt. 1322) is required. Please address.
Mechanical ventilation (Mandatory). The building shall be provided with a balanced
mechanical ventilation system that is +/-10 percent of the system’s design capacity and
meets the requirements of Section R403.5.5, which establishes the continuous and total
mechanical ventilation requirements for dwelling unit ventilation. All conditioned
unfinished basements, conditioned crawl spaces, and conditioned levels shall be provided
with a minimum ventilation rate of 0.02 cfm per square foot or a minimum of 1 supply
duct and 1 return duct. The supply and return ducts shall be separated by 1/2 the diagonal
dimension of the basement to avoid a short circuit of the air circulation. Outdoor air
intakes and exhausts shall have automatic or gravity dampers that close when the
ventilation system is not operating. [MR 1322.0403.5]
7. Mechanical Systems Installation.
All mechanical systems shall meet the requirements of Section R403.5.6. The mechanical
ventilation system and its components shall also be installed according to the Minnesota
Mechanical Code, Minnesota Rules, Chapter 1346, and the equipment manufacturer’s
installation instructions. [MR 1322.0403.5.6]
Separate approvals and/or authorizations must be obtained for work covered by: CCLD/DLI
Plumbing Division for compliance with the provisions of the Minnesota Plumbing Code,
CCLD/DLI electrical unit for compliance with the State Electrical Code, the Elevator Safety
Section for approval of elevators and related devices, and the local municipality for other
requirements as authorized by law. Additions or remodeling work shall not cause the existing
building to be in violation of the fire and life safety requirements enforced by the Municipal Fire
Code Official or the State Fire Marshal.
Construction Documents dated: 03/22/2018 Addendum Nos.:
Inspector assigned to the project:
Robert Ruprecht Phone: (763) 635-1060
Sincerely,
MUNICIPAL - 40 UNIT APARTMENT ELK RIVER
ELK RIVER, MN
BLD1807-00030
7/11/2018 Page 28
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Scott E. Erickson
Building Code Representative
CONSTRUCTION CODES & LICENSING DIVISION
cc: Inspector PrForm RL1-Local
443 Lafayette Road N., St. Paul, MN 55155 • (651) 284-5005 • www.dli.mn.gov
An Equal Opportunity Employer
PLAN REVIEW REPORT – RL1
COPY TO BUILDING OFFICIAL:
City of Elk River Building Official Date: 07/18/2018
Robert Ruprecht
13065 Orono Pkwy
Elk River, MN 55330-7425
(763) 635-1060
bruprecht@ElkRiverMN.gov
07-23-2018 CCM
Item 3.4 Handouts
Jackson Hills Project Timeline
■ January 10, 2018 — The Briggs Companies submits a building permit application for Jackson
Hills and Residential Suites
■ January 15, 2018 — Briggs Companies requests an estimate for the permit fees and
comment/review timeframe. (art. 1, p. 4)
■ January 24, 2018 — The city provides the plan review cost of $11,800.00, which is noted in
the city's fee schedule. (art. 1, p. 3)
■ January 25, 2018 — Briggs Companies asks for proof that previous apartment building
projects have paid the plan review fee and whether that is deducted from subsequent fees.
o The city confirms that it will be subtracted from total permit fee, and clarifies the
purpose/timing of the plan review fee. (art. 1, p. 2)
■ February 5, 2018 — Briggs Companies asks if city was able to "find a solution" for the
Jackson Hills permit review. An estimate of SAC/WAC is also requested. (art. 1, p. 2)
■ February 8, 2018 — The city provides an estimate on the SAC units and notes that ERMU
must provide the WAC costs. (art. 1, p. 1)
o Briggs Companies asks if additional fees will be required. The city points them to
Planning and Engineering.
■ February 12, 2018 — The city sends the building permit fees on a non -issued building
permit. (art. 2)
■ February/March — Briggs Companies picks -up building permit application package from
city hall.
■ March 23, 2018 — Briggs Companies submits a second building permit application.
■ April 6, 2018 — Briggs Companies submits a grading permit application.
■ April 12, 2018 — Briggs Companies requests status of grading permit application. (art. 3, p. 3)
• April 16, 2018 —City Council approves the TIF Plan and TIF District for Jackson Hills.
o Briggs companies requests the Council grant a grading permit.
o Council directed staff to prepare the Development Agreement (DA) and incorporate
the soils report into the agreement. Council directed staff to bring it back for
approval at a special meeting after Briggs Companies signs the DA.
■ April 20, 2018 — Briggs Companies receives a draft of the DA
o Briggs Companies again requests the grading permit to be issued by staff.
■ April 20, 2018 — City acknowledges receipt of grading application and states they are
working on the review. (art. 3, p. 3)
o Briggs Companies requests an ETA on the permit
■ April 22, 2018 — Briggs Companies sends an email to Council Member Oval] with concerns
about the Building Officials "unprofessional behavior" (art. 4, p. 2-4)
o Expresses concerns about fairness for his applications during the building permit
process.
o Notes that he believes he has "received a significant amount of retaliation."
o Concerns are related to the Elk River Lodges garage permit survey sent by the Briggs
Companies on April 5, 2018, and issuance of a CO for the new garages.
■ April 23, 2018 — City states an ETA is not available as other departments must review. (art.
3, p. 2)
o Issuance of the grading permit is also part of the DA, which was received by the
Briggs Companies for review on April 20, 2018.
Jackson Hills Project Timeline
o Briggs Companies again requests an ETA for permit. (art. 3, p. 2)
■ April 24, 2018 — The city clarifies the building permit process and notes that the building
department review is after others have signed off. Grading permit is part of DA.
■ April 24-26, 2018 — Briggs Companies repeatedly requests grading permit ETA. (art. 3, p. 1-
2)
■ April 26, 2018 — City states the grading permit is ready upon approval by other departments.
Grading permit is part of DA. (art. 3, p. 1)
■ April 26 — May 1, 2018 — Briggs Companies and Building Official set-up a time to meet and
review the building permit application for Jackson Hills. (art. 5)
• May 3, 2018 — Briggs Companies met with the Building Official to discuss the building
permit application for Jackson Hills.
■ May 4, 2018 — Briggs Companies sends comments on the DA to the city.
■ May 9, 2018 — Kennedy -Graven sends updated DA to Briggs Companies.
• May 10, 2018 — Briggs Companies sends additional DA comments to the city. (att. 7, p. 6)
• May 11, 2018 — Additional correspondence between Briggs Companies and Kennedy -
Graven regarding the DA language. (att. 7, p. 2-3)
■ May 17, 2018 — Kennedy -Graven emails Briggs Companies the most recent version of the
DA under negotiation and notes that the "agreement does NOT replace the nortnal
planning and building requirements of the city .... Does Not attempt to incorporate all of
the normal planning and building requirements of the city." And further clarifies that the "
project will need to comply with BOTH the normal planning and building requirements
AND the agreement (DA). (att. 6, p. 4)
o Briggs Companies responds with concerns related to Section 3.6 of the DA, which
relates to inspections and release of permits. (att. 6, p. 3)
o Kennedy -Graven notes that the language is the result of negotiations with city staff.
• May 21, 2018- Briggs Companies receives an email indicating that the City Council would be
ready to approve the Development Agreement if he is ready to deliver two signed copies to
the office by 4PM.
o Briggs Companies sends Kennedy -Graven the development agreement that was the
previous version to the final negotiated development agreement and asked to put it
on the council agenda.
■ May 21, 2018 — Boggs Companies forwards meeting notes to the city and requests
clarification of his notes. (12:26 and 3:03 P.M.)
■ May 23, 2018 — Briggs Companies again submits incorrect versions of the DA for approval.
• May 24, 2018 — Briggs Companies emails the Building Official and Mayor to express
concerns about the misconduct of the Building Official and re�c uest corrective action against
the Building Official. (art. 6, p. 1)
■ May 25, 2018 — Briggs Companies again expresses concerns and files a complaint regarding
the misconduct of the Building Official. (art. 8)
• May 30, 2018 — Briggs Companies submits correct DA for approval.
■ May 30, 2018 — Mayor emails Briggs Companies requesting a full formal complaint, in
writing, regarding the misconduct of the Building Official. (art. 11, p. 5)
o Mayor clarifies building permit process per DA discussions.
Jackson Hills Project Timeline
May 31, 2018 — Briggs Companies expresses "serious concerns of 4+ years of extremely
poor, disrespectful service and misconduct that has been repetitive of Ruprecht." (art. 11, p.
3)
o Briggs Companies also notes that there are concerns about retaliation,
discrimination, and misconduct from other staff, business owners, applicants and
residents.
■ June 4, 2018 — The City Council approves the DA for the Jackson Hills project.
■ June 11, 2018 — Briggs Companies emails the Mayor with questions on the building pertnit
process. (art. 9)
o Briggs Companies acknowledges the requirement for the inspection report on the
soils corrections. (art. 9, p. 2)
o Requests building permit costs ( see art. 2, p. 2 -sent on February 12, 2018)
• June 12, 2018 — Briggs Companies emails the Mayor again asking for a response on
questions regarding the building permit process.
■ June 13, 2018 — Briggs Companies requests two inspections for the Jackson Hills Project.
Fust one at noon on Friday June 15 for silt fencing and grading, and second one on Monday
June 18 for grading permit review on site. (art. 10, p. 4)
o Briggs Companies had previously acknowledged that city hall closed at noon on
Fridays, but repeatedly requested inspections at noon. (see art. 9, p. 2)
o Approval of the Development Agreement on June 4, 2018, also included provisions
that ITT Inc. would be doing the grading inspections — not the city.
June 15, 2018 — Pat Briggs threatens to get the state involved if communication does not
improve on the project. (art. 10, p. 1)
June 15, 2018 — Additional emails from Briggs Companies request issuance of plumbing
permit to complete underground utility work while grading occurs. This is prohibited via the
Development Agreement, which states grading must be complete and certified prior to
issuance of permits beyond the grading. (art. 11)
o Staff sent email to Pat Briggs re -iterating requirements of the Development
Agreement, permit timing, grading certification, and history of grading inspection
requirements. Questions asked at 2:57 P.M. been answered in an email at 10:06 A.M.
o Repeatedly challenges building permit process. (art. 11, p 1, 7)
June 18, 2018 — staff completes the erosion control inspection repeatedly requested on June
13-15. (art. 10) Inspection fails as the work was not completed. (passes on June 20, 2018)
June 19, 2018 — Briggs Companies contacted staff requesting status of the building permit
and to set-up a grading inspection with the city. (art. 13, p. 4)
o Staff responds by stating, in multiple entails, that the permit cannot be issued until
the grading is completed and certified by ITT Inc. and that ITT Inc. is completing all
grading inspections. (att. 13, p. 2, 3)
■ June 20, 2018 — The city emails the Briggs Companies to, again, state: (art. 13, p. 1)
o The city will not complete the grading inspections, ITT Inc. must complete these.
o Re -iterate the requirements for dewatering, as required in report from ITT Inc.
Jackson Hills Project Timeline
o Building permits will not be issued until the grading is finished and certified by ITT
Inc.
• June 21, 2018 — Dewatering permit applied for and issued by the state.
• June 21, 2018 —Briggs Companies requests deviation from approved plumbing plans. Staff
defers the question to the state. (art. 14)
• June 27, 2018 — Briggs Companies again requests the building permit fees for the Jackson
Hills project. (art. 15, p. 2)
• June 28, 2018 — After repeated emails and calls from Pat Briggs expressing concerns over
bias regarding his project and threatening to go to the state with concerns, staff sends the
Jackson Hills building plan set to the State Department of Labor and Industry for an
independent, non -bias, review of the plans. (art. 15)
o The city wrote a check to the state for the plan review (75% of the fee paid to the
city) and sent the plan review check from Pat Briggs to the bank to be deposited.
o The building permit fee was again sent to the Briggs Companies.
■ July 5, 2018 — ITT Inc. certifies the grading and soil correction work for the Jackson Hills
project.
■ July 5, 2018 — Briggs Companies requests issuance of his plumbing permit as he states the
review had already been completed and reviewed.
o The plumbing permit is not ready to be issued as the size and slope of the sewer
connection has not been finalized.
o Plumbing permits are NOT issued prior the building permit. This is standards
practice for ALL commercial building projects in the city.
■ July 6, 2018 — The city receives a note that the plan review fee submitted by Briggs
Companies is no longer valid as the account had been closed. (art. 16)
■ July 11-12, 2018 — The city exchanges emails with Briggs companies to state the plumbing
permit cannot be issued prior to the building permit, and the need for payment of the
building permit. (art. 18)
■ July 16, 2018 — Briggs Companies speaks at the City Council meeting and requests a
plumbing permit. Council asks Briggs Companies to email specific questions and concerns
to the City Administrator by COB on July 17, 2018, and refers the issue to the July 23, 2018,
special meeting.
• July 17, 2018 — Briggs Companies sends two emails to Zack Carlton and the City Council
with concerns, but does not send them to the City Administrator. (att. 17)
■ July 18, 2018 — Plan review comments from the state Department of Labor and Industry are
received and forwarded to Briggs Companies.
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