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1998 01-26 CCP Regular Session
• CITY COUNCIL MEETING City of Brooklyn Center January 26, 1998 AGENDA 1. Call to Order Informal Open Forum with City Council - 6:45 p.m. 2. Informal Open Forum with City Council - Provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 3. Call to Order Regular Business Meeting - 7 p.m. 4. Call to Order 5. Roll Call 6. Invocation 7. Council Report 8. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Application for Authorization to Conduct Excluded Bingo from the Orchard Lane PTA b. Resolution Confirming the Mayoral Appointments of John Russell and Thomas Shinnick to the Park and Recreation Commission C. Resolution Approving Change Order No. 1, Improvement Project Nos. 1997 -01, 02 and 03, Contract 1997 -E, Orchard Lane West Street, Storm Drainage, and Utility Improvements • d. Authorization to Purchase Five 1998 Ford Crown Victoria Police Interceptor Squad Cars and One 1998 Ford Taurus • CITY COUNCIL AGENDA -2- January 26, 1998 e. Licenses 9. Planning Commission Item a. Planning Commission Application No. 98001 submitted by Casco Corporation (Pep Boys Service Center) for Special Use Permit approval to operate an automotive service /repair facility at the Brookdale Square Shopping Center, 5900 Shingle Creek Parkway. The Planning Commission recommended approval of this application at its January 14, 1998, meeting. Requested Council Action: - Motion to approve Planning Commission Application No. 98001 submitted by Casco Corporation (Pep Boys Service Center) subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Gloria Santillo -Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Dolores Narey -Requested Council Action: - Motion to adopt resolution. C. An Ordinance Implementing a Time of Sale Housing Inspection, Requiring Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions - Requested Council Action: - Council discuss. d. Resolution Providing for Ratification of Execution of Documents in Connection with Defeasance of the City's $4,600,000 Elderly Housing Revenue Bonds, Series 1996 (The Presbyterian Homes of Minnesota, Inc. Project) - Requested Council Action: - Motion to adopt resolution. e. Council Invocation - Requested Council Action: - Council discuss. • CITY COUNCIL AGENDA - -3- January 26, 1998 f. Update on Brooklyn Boulevard and 69th Avenue North -Requested Council Action: - Council discuss. g. Set Date and Time for City Council Work Session - Requested Council Action: - Motion to set date for general Council Work Session. h. Resolution Approving an Addendum to the Lease for the Northbrook Liquor Store - Requested Council Action: - Motion to adopt resolution. 11. Adjournment • ga ��ppKLTN C�TE9 BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: January 20, 1998 SUBJECT: Application (Excluded Bingo) - Orchard Lane Elementary School On January 20, 1998, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Orchard Lane PTA. This application is for an event to be held at the Orchard Lane Elementary School on February 21, 1998. This application has been approved and returned to the Orchard Lane PTA who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JoeTD©wner Chief of Police JD:kh • LG2408 Minnesota Lawful Gambling Application for Authorization to Conduct Excluded Bingo Part 1 of 2 (If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo) Fill in the unshaded areas of this application and send it to the Gambling Control Board at least 30 days prior to the activity. Org anization information Proof FOR BOARD USE ONLY C, Organization I ❑ `S ❑ C D Street Other Activity (03, Loo) v A 4, . City late Zip code " J Y V J �j Type of nonprofit organization (check one): ❑ Fraternal Veteran ❑ Religious Other nonprofit organization Type of proof of nonprofit status attached (check one): ❑ Certificate of Good Standing - Minnesota Secretary of State's Office ❑ .Internal Revenue Service Affiliate of Parent nonprofit organization (charter) Excluded Bingo'Activity Information i Has your organization held a bingo event in the current calendar-year? Nc Yes if yes, list the dates that bingo was conducted Check one: QThe bingo event will be one of four or fewer bingo even your oorg_ani will hold this year. ( Date(s) of bingo event: 1 — r ur (Q C3 ✓ ) OR ❑ The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair - Date(s) of bingo event State Fair - Date(s) of bingo event Civic Celebration - Date(s) of bingo event Print the name of the person in charge of the bingo event Daytime Phone a _ 'TO h gas - - 7 ( I4 - Premises where e�cluded bingo will be conducted Name of premises r c ^ o L0 vi �/y� e �'l v Street Address V l 1 City, ; OR. County op Township `rG�oC (. i.�"/t C-� ��. ��✓ ��t1� 1 5�1 3 ( e r) rt e P (Be sure to complete Part 2) NMte - Orginal e yedaw-Ba4m LG240 8 (Rev. (1121M) Minnesota Lawful Gambling Application for Authorization to Conduct Excluded Bingo Part 2of2 Organization Name nT Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief Executive Offi'cer's signature Name (please print) `[q -CL Date biVVsO'n Local Unit of Government Acknowledgment and Approval • The city must sign this application if the gambling premises is located within city limits. • The county AI ND township must sign, this application if the gambling premises is located within a township. • If this application is denied by the local unit of government, it should not be submitted to the Gambling Control Board. Township: A township has no statutory authority to approve or deny an application (Minn. Stat. 349.213, Subd. 2). Name of City OR County Name of Township . By signature below, the local unit of government hereby By signature below, the township acknowledges approves this application for excluded bingo activity at that the organization is applying for excluded the premises located within their jurisdiction. bingo activity within the township limits. Signature of person approving application for local unit Signature of person acknowledging application for of government. (Sign above) for township. (Sign above) Title Date Received Title Date Received Township is: Organized ❑ Unorganized Cl' Attach letter Unincorporated ❑ Acknowledgment of Registration (For Board Use On:y) Your request to conduct excluded bingo has been received and is acknoweeged by the Executive Director of the Gambling Control Board. Acknowledged by: Gambling Control Board 'Date Send the completed registration form with your organization's proof of nonprofit status to: Gambling Control Board white- Original 1711 W. County Road B, Suite 300 South Yellow - Board • Roseville, MN 55113 FOR BOARD USE ONLY This form will be made available in aftemative format (i.e. large print, braille) upon request. i e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CONFIRMING THE MAYORAL APPOINTMENTS OF JOHN RUSSELL AND THOMAS SHINNICK TO THE PARK AND RECREATION COMMISSION WHEREAS, Mayor Kragness has recommended John Russell and Thomas Shinnick for reappointment to the Park and Recreation Commission; and WHEREAS, at the January 12, 1998, City Council meeting there was some confusion as to the number of vacancies for appointment to the Park and Recreation Commission; and WHEREAS, it has been clarified that only two openings existed for appointment on the Park and Recreation Commission; and WHEREAS, the City Council wishes to clarify the appointment process for openings to be filled by appointment in 1998. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor's request for confirmation of the appointment of John Russell and Thomas Shinnick to serve on the Park and Recreation Commission for terms beginning in 1998 be and hereby are confirmed and that any previous action with respect to appointments for terms to begin in 1998 be and hereby are corrected to reflect the action taken by this resolution. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and u upon vote being taken thereon, ereon the following g voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. g� • MEMORANDUM DATE: January 20, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Enginee SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 1997 -01, 02 and 03, Contract 1997 -E, Orchard Lane West Street, Storm Drainage, and Utility Improvements On April 14, 1997, the City Council awarded a contract to Thomas & Sons, Inc. for construction of the Orchard Lane West area. Construction has been substantially completed. The contract amount was $3,367,688.50 and 10% contingencies in the amount of $336,768.85 were approved by Resolution No. 97 -72. The contingencies are to cover the cost of construction for those items that are unknown at the time of plan preparation, omissions and utility conflicts. The total amount of Change Order No. 1 is $47,941.66, or 1.5% of the approved 10 %. The Contractor and Engineering Department agree to carry any extra work invoices and overruns of quantities until the contract has been substantially completed. This eliminates the necessity to prepare change orders each month for Council approval. The City also benefits by continuing interest earnings on unexpended funds. Change Order No. 1 consists of storm sewer removals, reconstruction across private property due to unknown conditions on the original take -off, and also some pipe that was anticipated to remain in the ground but which had to be removed due to conflicts and miscellaneous sanitary sewer and water main conflicts. One street had to be redesigned to avoid adjacent property conflicts. The estimated final contract cost of the Orchard West project is as follows. The entire Orchard West project will be finalled at a future date. As Final As Approved (Estimate) Contract $3,367,688.50 $3,344,760.65 Contingency 336,768.85 Change Order No. 1 47,941.66 Estimated Total I $3,704,457.35 $3,392,702.31 It is recommended that the City Council approve Change Order No. 1 in the amount of $47,941.66. A • resolution is attached for Council consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. - RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 1997 -01, 02 AND 03, CONTRACT 1997 -E, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City Council on April 14, 1997 by Resolution No. 97 -72 awarded Improvement Project Nos. 1997 -01, 02 and 03, Contract 1997 -E, Orchard Lane West Street, Storm Drainage, and Utility Improvements to Thomas & Sons Construction, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved and payment is authorized to Thomas & Sons Construction in the amount of $47,941.66. 2. The original contract in the amount of $3,367,688.50 is increased by $47,941.66 and the amended contract shall be $3,415,630.16. 3. Change Order No. 1 shall be financed as follows: 1997 -01 (6417 -4560) Street $13,597.74 1997 -02 (7616 -4560) Storm Sewer 21,467.68 1997 -03 (7421 -4560) Sanitary Sewer 3,654.66 1997 -03 (7205 -4560) Water Main 9,221.58 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. QXLYN C�yT BROOKLYN CENTER - POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: January 22, 1998 SUBJECT: Fleet Vehicle Purchases The police department requests permission to purchase five 1998 Ford Crown Victoria Police Interceptor squad cars as budgeted for 1998. The price per vehicle is $20,328.00 and one service manual at $110.00 for a purchase price of $101,750.00. In addition to this cost, $1,300 per Crown Victoria ($6,500 for all 5 vehicles) for an extended warranty must be added in for a total • purchase price of $108,250.00. Purchase price for 5 vehicles @ 20,328 + 1 manual @ $110 $101,750.00 Extended warranty for 5 vehicles @ $1,300 per vehicle 6,500.00 Total Purchase Price (5 vehicles, service manual, extended $108,250.00 warranty for each vehicle) The department would also request p q st permission to purchase one 1998 Ford Taurus per the 1998 budget. This vehicle will be purchased under the Hennepin County bid for $15,392.00 plus sales tax of $1,000.48 for a total of $16,392.48. An extended warranty for the Taurus in the amount of $600.00 must be added in on top of the total sales price for a total purchase price of $16,992.48 • 98sgdcar mem �E City of Brooklyn Center A great place to start. A great place to stay. • i MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jWZ-V(—*a"— DATE: January 22, 1998 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on January 26, 1998: BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle MECHANICAL SYSTEMS Carver Heating and Air Conditioning 116 Peavy Road, Chaska Cronstrom's Heating and A/C, Inc. 6437 Goodrich Ave, St. Louis Park Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd, Coon Rapids Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood Harris Companies 909 Montreal Circle, St. Paul Heating and Cooling Two, Inc. 18550 County Road 81, Maple Grove Home Energy Center 15200 25th Ave N #128, Plymouth Horwitz, Inc. 8825 Xylon Ave N, Brooklyn Park Lakeland North Heating and A/C 16041 Kangaroo St NW, Anoka M & D Plumbing and Heating, Inc. 11050 26th St NE, St. Michael Maple Grove Heating and A/C 401 County Road 81, Osseo Metropolitan Mechanical Contractors 7340 Washington Ave S, Eden Prairie Practical Systems 14226 Norden Drive, Rogers Royalton Heating and Cooling 4120 85th Ave N, Brooklyn Park Standard Heating and A/C 410 West Lake St, Minneapolis Superior Contractors, Inc. 6121 42nd Ave N, Minneapolis Swenson Heating and A/C 6700 West Broadway, Brooklyn Park • Thermex Corporation 3529 Raleigh Ave S, St. Louis Park 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer i Licenses -2- January � y _.., 1998 • Vogt Heating and Air Conditioning 3260 Gorham Ave, St. Louis Park Yale, Inc. 9649 Girard Ave S, Bloomington PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle RENTAL DWELLINGS Initial: Gerald Fenstad Northbrook Apartments Renewal: Redevco- Marvin Garden Ltd. Marvin Garden Townhomes Jagdish Trivedi 5500 Bryant Ave N Sharon Fratzke 4201 Lakeside Ave N #208 SIGN HANGER American Sign and Installers 9154 Parkington Circle, Otsego Busch's Signs and Designs, Inc. 3103 Laura Lane, Middleton, WI ® TOBACCO RELATED PRODUCTS AMF Earle Brown Lanes 6440 James Circle • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning SpeciaAt� - Subject: City Council Consideration Item - Planning Commission Application No. 98001 Date: January 20, 1998 On the January 26, 1998 City Council Agenda is Planning Commission Application No. 98001 submitted by Casco Corporation (Pep Boys Service Center) requesting Special Use Permit approval to operate an automotive service /repair facility at the Brookdale Square Shopping Center, 5900 Shingle Creek Parkway. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No.98001 and also an area map showing the location of the property under consideration, various site and building plans for the proposed facility, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their January 14, 1998 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of the Planning Commission. • Application Filed on 12/30/97 City Council Action Should be Taken by 2/28/98 (60 Days) Planning Commission Information Sheet Application No. 98001 Applicant: Casco Corporation (Pep Boys Service Center) Location: 5900 Shingle Creek Parkway (Brookdale Square Shopping Center) Request: Special Use Permit The applicant is seeking a special use permit to operate an automotive service /repair facility in conjunction with the retail sale of automotive parts, accessories and car care products at the Brookdale Square Shopping Center, 5900 Shingle Creek Parkway. The property in question is zoned C -2 (Commerce) and is bounded by the U S West building, the Health Partners dental clinic and the Perkins restaurant on the north; by John Martin Drive and T. H. 100 right -of -way on the east; by Brookdale Ford on the south; and by Shingle Creek Parkway on the west. The Brookdale Square site is made up of four separate buildings, two theaters, the Fuddrucker's restaurant building and a multi -tenant strip center. Pep Boys are proposing to located at the west end of the strip center where Blockbuster Video is currently located. The retail sale of auto parts and accessories is a permitted use within the C -2 zone, while automotive repair and service is a special use in this district provided it does not abut R -1, R -2 or R -3 zoned property including abutment at a street line. The city's zoning map indicates that the property on the west side of Shingle Creek Parkway, immediately adjacent to the Brookdale Square Shopping Center, is zoned R -1 and originally Pep Boys were informed that this type of abutment would prohibit an automotive service /repair facility on the Brookdale Square property. The property adjacent to Brookdale Square is city owned open space and, for the most part, is part of the Shingle Creek green strip. Further review of city zoning records indicated an error in the zoning map, which has been confirmed by the Engineering Department. The property in question, as well as other city owned properties in the area, is really zoned 0-1 (Public Open Space). The zoning ordinance does not prohibit auto repair uses from abutting 0-1 zoned property. The error was reported to the Planning Commission and the applicant has been allowed to pursue their proposal under the normal special use permit process. It should be noted that the city's zoning map will be corrected with the next update. The applicant has submitted written information relating to the proposal and how they believe it wifl meet the city's standards for special use permit contained in Section 35 -220, Subdivision 2 of the zoning ordinance (copy attached). They have also provided a site plan, floor plan and building elevations for their proposal. 1 -14 -97 Page 1 The use will occupy approximately 23,000 sq. ft. of floor space at the west end of the strip center • building where it 'o t b , jogs o the northwest. Fourteen thousand, six hundred sq. ft. will be devoted to retail sale space and 8,400 sq. ft. at the very west end will be devoted to automotive service /repair. The service /repair portion of the facility will include tire, battery and vehicle accessories installation; tune -ups, shocks and strut service; lubrication and oil work; inspections; repair and replacement of engine support systems; wheel balancing; alignment and suspension; brake work; exhaust system service and air conditioning service. No body work, painting or collision repair work will be performed at this site. The applicant also notes that vehicles requiring overnight storage will be retained wholly within the structure and no overnight vehicle storage will be allowed in the parking lot. The service /repair area will include 12 vehicle service bays which will be accessed by one overhead entrance door located on the northerly portion of the angled west wall. An improved access to the existing loading doors will be provided to the rear of the building with an overhead canopy area. The new loading facility will be screened with an 8 ft. high rock face concrete masonry wall much like the one provided for the office depot on the opposite end of Brookdale Square. The newly installed overhead door will be set back under the existing overhang and this should minimize its visibility. ACCESS/PARKING . Access to and around the site is basically unchanged. The plan calls for the elimination of 13 parking spaces, most on the north or back side of the building where the new loading facility and screen wall will be constructed. The other spaces eliminated are where the overhead door is proposed. The parking requirement for auto repair facilities is based on service bays and service /repair employees. Three parking spaces per service bay plus one parking space for each service /repair employee is required. Parking for up to two service vehicles is also required. Twelve service bays and 12 employees will require 48 parking spaces for this service /repair area. No service vehicles will be operated by Pep Boys. The 8,400 sq. ft. of space utilized by the service /repair facility requires 46 parking spaces based on the retail parking formula of 5.5 spaces per 1,000 sq. ft. of gross floor area. Therefore, two additional parking spaces are required to meet the parking for the proposed use. This, plus the 13 lost spaces, amounts to a 15 space deficiency for the complex with the applicant's proposal. The center has a total surplus of 71 parking spaces before the proposed Pep Boy use which will now leave it with a surplus of 58 parking spaces. Parking will not be a problem given the existing and proof of parking spaces for the complex. BUILDING The applicant has indicated that minimal changes will be made to the building and the exterior. Any changes, such as the new overhead door, will be done in such a manner as to blend in with the existing building material. The screen wall for the loading area, as mentioned previously, • 1 -14 -97 Page 2 • will be a rock face concrete masonry structure. The applicant is proposing to construct a new roofed refuse enclosure that will be built of matching masonry material and will be integrated into the screen wall. This facility will be used for storing tires and other materials. To the east of the structure, the plan shows concrete pavement including a dumpster. It should be noted that this dumpster area should also be enclosed with a screening device and an extension of that screening device in a material comparable to the other screening devices is recommended. Modification to the parking area in the location of the loading facility will mean the elimination of some blacktop with top soil, sod and two Colorado Green Spruce trees to be located in this area. B -612 curb and gutter is required where new curb and gutter facilities are proposed. The applicant is also proposing to add a new storm drain line from the loading area to connect to existing storm sewer on site. The City Engineer is reviewing the plans and it is not anticipated that he will have any concerns with the proposed grading, drainage and utilities. Because the footprint of this facility is not being enlarged, no watershed approval is required. SPECIAL USE PERMIT STANDARDS As indicated, the applicant has submitted a written statement indicating how they believe they meet the standards for special use permits contained in Section 35 -220, Subdivision 2a -2e. A special use permit can be granted based on compliance with these standards. They have indicated that they believe that the establishment, maintenance and operation will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. They also believe the special use permit will not be injurious to use and enjoyment of other properties in the immediate vicinity and that the establishment of this special use permit will not impede the normal and orderly development or improvement of surrounding properties in the area. We generally agree with the applicant's comments relating to standards for special use permits and our main concern is the possibility of open service doors and outside display and storage having a detrimental effect on neighboring areas. The applicants have indicated that vehicles will be housed indoors and that an appropriate storage facility for refuse will be provided. Display of merchandise, which is common with automotive repair facilities, must be limited to that which can be accomplished through the administrative permit process. A public hearing has been scheduled and notices of this application have been sent to surrounding property owners. RECOMMENDATION All in all, it appears that this application is in order and that the standards for special use permits • 1 -14 -97 Page 3 can be met. Approval is, therefore, recommended subject to at least the following conditions: 1. The special use permit is granted to the applicant for an automotive service /repair facility including tire, battery and vehicle accessory installation; tune -ups, shocks and struts service; lubrication and oil work; inspections; repair and replacement of engine support systems; wheel balancing; alignment and suspension; brake work; exhaust system service and air conditioning service work. No other automotive service /repair work such as body work, painting or collision repair work shall be performed. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. Building plans for tenant remodeling and overhead door shall be reviewed and approved by the Building Official prior to the issuance of permits. 3. Drainage, grading and utility plans are subject to the review and approval of the City Engineer prior to the issuance of permits. 4. There shall be no service /repair or maintenance of vehicles out of doors. All service and maintenance to vehicles shall be done inside the building with the overhead door closed. 5. Any outside trash disposal facility and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 6. There shall be no outside display or storage of merchandise on this site other than that which is authorized under administrative land use permits. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation 8. A performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to insure the completion of all site improvements proposed for this development. • 1 -14 -97 Page 4 irrrr :111 ::::: • v..� Illy �► MIA '� `` . .. iL .. t.,... � ....yam A`;}������'�_:� � �� ` ,�`,��`,�,` � �,�, � '. it •�' � r • .. '� t . �� T ' 3 i - r rrr 'rrr — rr � ■1 1':111 .rrr r + ♦�♦ oil rr o� ••� rill 1 ��:; ' � 11111 � ♦: 9 �11111141III � � �Iififlfllllillll � _ _ _ - - ,r ��IfIIIfIIIIIIINIIIf O' r 1 5810 FUDORLK;KERS 9,100 W a 5910 - r, `' IIIIIIINHI 5910 BLOCKBUSTER VIDEO 8,008 Zj ° . DRUG OFFICE 5930 AVAILABLE 7,559 5930 5950 e ! 5940 AVALABLE 5,3.280 501 r ,„ CIRCUIT CITY EMPORIUM 5990 .l O � I$ DEPOT 5950 STAR TRIBUNE t I 5970 6880 , e o g ' a 8030 IIIIIIIfIfi W 5940 ! +, „.,, - t0 X011 5980 WEIOt(i WATGERS 1207 a m 5970 CRCUIT CITY 38.391 n (� W 5980 DRUG EMPORUM 25,782 �( Y ., $990 AVALABLE 9,365 _ _ _ 'II {III {I I - � Q - - - _ _ = 5000 TIE ASSOCIATES 2.9tB �� 8010 USA K IT ARATE 2,341 8020 AVALABLE 2,552 6030 OFFICE DEPOT 30,395 8040 UIITEO ARTISTS TIEATRE 24,531 1al'1 19,300 '� " � •1 �� �=�� IL.J ��«'�'�'�" 6050 BROOKDALE Ct1EMA , j nmmTTT f UA = = t —= I THEATRE II I = ill i l l l l l l l l ll l l l Y = _ BRKDLE CNEIVIA c, FUDO- 1 050 ^ 6050 ,• UCKER {/ , w 1 I � „ NORTH T wr�:a 0 i Iry ♦ B i c. A. t VICNTY NAP •+' + w, TY. A0. 1019A 8S LAKE R0. 1� BROOKDALE SQUARE R� B RADLEY Real E state �•■ BROOKLYN CENTER, MINNESOTA o ,00 :loo 1. 8 0 0. 9 8 3. 2 0 2 0 • • . y / ��� � .. :� +[t e•1.t► ..at.M9fKAM fill n1C •; • tuuYAlFr •oer�rA. 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FLOOR PLAN . — I i r/ww rblM r: ml 1 � M N -Ir11 mw � r / MAJ IK . _ YA Ib Inl( NORTH ELEVATION — RICHT 1{ 411Y 1 NOR ELEV ATION —LEFT I'r i111�i ♦rrr wrW— is :: - `(� Y 1 u -1 Idea lwn —._.�. rrrr rryMr1 r+. rr ■f1 � NIM MI ►11 t _ter•• a i i i i'I'I,II '+4<INwln y Irk • -r�s lel�a_ � „}.o s '�- yr TIRE EN0 QWRE PLAN y WEST ELEVATION Ir'�6�•rs� C) ST r .n y pr q 1 r, y YAIp ,wc .— . Y SOUTH ELE T ON LEf T ^' lYp.�,.r (� 10 1ufflN6W%w-M -.nj e �+ ' ... �ra rn aal R M'M(M� nOO.eM N ��- �rrw � y M �r .N41M •1fC IhAvauV(1 ' Ia r�.. I 'N t f'•. p � � M a w r w� '"'7Y}T}(IIIIRI71 Ir pr pr q 1 rlr fr'�1 .�.,/, /� I Ilr A r/1.' K�I �td�:fyreyr��• 1 . t.• . 1 A i • Z: 2 t T •.. �AT. . rA� 1 ...�. JAIYl1I13 ezrJc "s ue. 1• ______.1._.__•. ter. WA cm tpK TIRE ENCLOSURE ELEVATIONS 1r,.e1410+ SOUTH ElEVA110N — RICHi 1�� J II/r'f 14 1 Of rI JAMESP LARKN ROBERT L. HOFFMAN L A R K I N H O F F M A N, D A L Y L[ N D G R E N LTD BRUCE J. DOUGLAS GERALD H. FRIEDELL f I JAMES C. ERICKSON JOHN A A. C. GRIFFITH, GRIFFIT", , EOWARO J. DRISCOLL A T T O R N E Y S AT LAW PETE R J. "lu. P M ARTI GENE N. FULLER LARRY AfiRY O. MARTIN JOHN 0. FULLMER FRANK I. J. HARVEY JANEE BRE JOHN NHAGEN CHARLES S. MooEU ALDE 1500 NORWEST FINANCIAL CENTER PHUPC ALDEN CHRISTOPHER J. OIETZEN MICHAEL J. SMITH T H O MAS FISHER 7900 XERXES AVENUE SOUTH ANDREW F. THOMAS P. ACLTMAN FREDERICK W W HE NIE Uf+ HR J MICHAEL C. ACKMPN BLOOMINGTON, MINNESOTA 55431 -1194 WILLIAM G. THORNTON JOHN E. OIEHN. DANIEL W VOW JON S. SVAERZEWsKI VIUS R. INOE THOMAS J. FLYNN TELEPHONE (612) 835 -3800 ANN M. MEYER JAMES P. GUINN CHRISTOPHER 0, JOHNSON TODD I. FREEMAN FAX (612) 896 -3333 RENEE L JACKSON GERALD L $ECK CHRISTOPHER K. IARUS JOHN 8. LUNOOUIST MARCY R. FROST GAYLE NOIAN DOUGLAS M. RAILER JOHN A. COTTER' STEPHEN J. KAMINSKI PAUL 8. PLUNKETT THOMAS F. ALEXANDER ALAN L. KILDOW DANIEL T. KAOLEC KATHLEEN M. PICOTTE NEVMNW SHARNA A WAHLGREN MICHAEL S. LEBARON KARIN M, NELSEN GREGORY E. KORSTAD GARY A. VAN CLEVE' C. ERIK MICH ELLE JOIN W AWE S DANIEL L 80WLES TIMOTHY J. KEANE LYNNE MICHELLE MOORE C. ROMNS ALAN M. ANDERSON KRISTIN S WESTGSTG ARD ' CONSIAL ROBACK JOVE S. FREDERICKSON MICHAELW. SCHLEY JAMES M. SUSAG ROSIN S. KREPS USA S. ROBINSON TERRENCE E. BSHOP USA A. GRAY OF COUNSEL GARY A. RENNM DALY CHRISTOPHER J. HARRISTHAL JACK r. KENNETH 0. KENGEL J OHAOGGE ALLAN M LI GA ALLAN E. M R. A ANDERSON n N£NOEL R L. ANDE JOSEPH GITIS ALSO ADMITTED IN WISCONSIN December 24, 1997 Mr. Ronald A. Warren Planning and Zoning specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Pep Boys Service Center, Brookdale Square Center - Application for Special Use Permit Our File No. 23,416 -02 Dear Mr. Warren: This letter is part of Pep Boys application for a special use permit for a Pep Boys Service Center in Brookdale Square Center, Brooklyn Center, Minnesota. It addresses the standards for special use permits established in Section 35- 220(2) of the Brooklyn Center Zoning Ordinance. The balance of the special use permit application, which consists of the completed and executed application form, the application fee, the proposed development plans, and a narrative description of the proposed use, will be submitted to the City by Pep Boys under separate cover. The proposed Pep Boys Service Center complies with zoning ordinance standards for issuance of a special use permit, as follows: • The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed Pep Boys Service Center will be located in Brookdale Square Shopping Center at the northeast corner of Shingle Creek Parkway and Bass Lake Road. Brookdale Square Shopping Center is designated commercial on the City's comprehensive plan. It is also designated C -2 Commerce District on the City zoning map. The retail sale of tires, batteries and automobile accessories is a LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Ronald A. Warren December 24, 1997 • Page 2 permitted use in the C -2 Commerce District. Motor vehicle repair and auto washes, provided they do not abut an R- 1, R -2 or R -3 District, are special uses in the C -2 district. Pep Boys proposes to lease the west end cap of Brookdale Square. The west end cap consists of approximately 23,000 square feet of floor space that will be renovated into approximately 14,600 square feet of retail space and 8,400 square feet of automobile service center space. The major portion of the space will be dedicated to the retail sales of automotive parts, automotive accessories and assorted household items related to automotive care. The motor vehicle services portion of the facility will include tire, battery, and vehicle accessories installation; tune -ups, shocks and struts service; lubrication and oil work; inspections; repair and replacement of engine support systems; wheel balancing; alignment and suspension; brake work; exhaust system service and air conditioning service. • The special use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Pep Boys Service Center is compatible with Brookdale Square Shopping Center and other surrounding land uses. There will be no body work, painting or collision repair work performed. • Vehicles requiring overnight storage will be retained wholly within the structure. No overnight vehicle storage will be allowed in the parking lot area. The Pep Boys Service Center will include twelve vehicle service bays wholly contained within the structure. Access to these bays will be through one overhead entrance door, located on the northerly portion of the west end of Brookdale Square. This service entrance door will be painted to match the masonry color. The service entrance door will be shielded in its set back position by the existing overhang. This will substantiaily minimize views of the service entrance door and will retain the existing exterior appearance of Brookdale Square. Building materials will be comparable to existing Brookdale Square materials and will utilize the existing color scheme. Pep Boys will utilize the in -place loading doors at the rear of Brookdale Square and improve access to this area with the development of a separate loading space. A new matching masonry screen wall will be installed to shield the receiving area from view. All refuse will be wholly contained within a new roofed refuse enclosure that will be built of matching masonry material-and will be integrated into the screen wall. New landscape material will be installed around the new refuse enclosure and greenbelt area to give the rear view of the leased space a clean and open appearance. • The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Ronald A. Warren December 24, 1997 Page 3 The proposed Pep Boys Service Center will not affect normal and orderly development of Brookdale Square or other surrounding property. No site development changes will occur. The overall footprint of Brookdale Square will remain intact. Pep Boys will utilize the existing brick masonry shell perimeter and architectural masonry columns. The retail area will be accessed through an aluminum storefront doorway. Merchandise will be visible through the existing in -place glass storefront system. • Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. Adequate parking exists within the existing main parking lot. Parking spaces are in place immediately adjacent to the proposed Pep Boys Service Center, including handicap spaces. No changes are proposed to the existing main center entrance from Shingle Creek Parkway. The internal vehicular circulation system will not be affected by the proposed Pep Boys Service Center. • The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The Pep Boys Service Center complies with all applicable C -2 district requirements. No variances are • required. Pep Boys will install signage conforming to the Brooklyn Center sign ordinance. Business name identification, products and services will be incorporated into the overall sign program. All signage will be red color, internal electrically illuminated and permanently attached to the structure. If you have any questions concerning this narrative or Pep Boys special use permit application in general, please give me a call. Sincerely, C� Linda H. Fisher, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Michael Lynch, Pep Boys • Section 35 -220. 3?ECIA L USE PE ?SITS 2. Standards for Soecia!, use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: • (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal, and orderly development and improvement of surrounding property for uses Permitted in the district. (d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, • the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months•from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. S. Revocation and - Extension of Special, Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance Of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the sub- ject property Pursuant to such special use permit has not commenced within that time. . In any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR MEETING JANUARY 14, 1998 CALL TO ORDER The Planning Commission met in a regular meeting called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Brian Walker notified he would be late, however he did not attend; Commissioner- appointee Edward Nelson was excused. APPROVAL OF MINUTES - NOVEMBER 13. 1997 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the November 13, 1997 meeting as submitted. The motion passed unanimously. ADJOURN 1997 PLANNING COMMISSION There was a motion by Commissioner Newman, seconded by Commissioner Reem, to adjourn the 1997 Planning Commission at 7:35 p.m. The motion passed unanimously. OATHS OF OFFICE Mr. Warren administered oaths of office to Stephen Erdmann and Rex Newman, each reappointed to the Planning Commission for a two -year term expiring on December 31, 1999. Mr. Warren informed that the Mayor appointed Edward Nelson, 5236 Great View Avenue North, to a two -year term on the Planning Commission to replace Mark Holmes who resigned from the Commission. Mr. Nelson, however, was unable to attend this meeting. CALL TO ORDER AND ROLL CALL Commissioner Willson called to order the 1998 Planning Commission at 7:37 p.m. with Commissioners Boeck, Erdmann, Newman, Reem, and Willson present. ELECTION OF 1998 CHAIR AND 1998 CHAIR PRO TEM There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to nominate Commissioner Willson to the position of 1998 Chair of the Planning Commission. No further • nominations were made. There was a motion by Commissioner Boeck, seconded by Commissioner 1 -14 -98 1 Erdmann, to close nominations for 1998 Chair. The motion passed unanimously. The motion nominating Commissioner Willson to the position of Chair of the 1998 Planning Commission passed unanimously. Willson stated he accepts the position. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to nominate Commissioner Reem to the position of 1998 Chair Pro Tem of the Planning Commission. No further nominations were made. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to close nominations for 1998 Chair Pro Tem. The motion passed unanimously. The motion nominating Commissioner Reem to the position of 1998 Chair Pro Tem passed unanimously. Reem stated she accepts the position. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission'sAmctions is to hold public hearings. In-the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 9800 (CASCO CORPORATION - PEP BOYS SERVICE CENTER). Chair Willson introduced Application No. 98001, a request, submitted by Casco Corporation/Pep Boys Service Center, for a special use permit to operate an automotive service facility at the Brookdale Square Shopping Center, 5900 Shingle Creek Parkway. The application was filed on 12- 30-97 and City Council action should be taken by 02 -28 -98 (60 days). • Mr. Warren presented the staff report and used overhead transparencies to show the location of the p P property and to describe the proposed site plan, floor plan, and building elevations submitted by the applicant. (See attached Planning Commission Application Information Sheet dated 1 -14 -97 ( -14- 98) for Application No. 98001.) The property is zoned C -2 (Commerce) which permits the retail sale of automotive parts and accessories. Automotive repair and service is a special use in this district providing it does not abut any residential properties. Mr. Warren explained that during preliminary consideration of this application by the staff an error was discovered in the City's zoning map regarding property adjacent to the Shopping Center which is mis- marked as R -1 (Residential) zoning. The property in question, as well as other city -owned property in the area, is actually zoned 0-1 (Public Open Space) and has been confirmed by the Engineering Department. Therefore, notwithstanding the zoning map, this application follows the customary special use permit process. The zoning map will be corrected with the forthcoming Comprehensive Plan update. The auto service facility will be located at the west end of the Brookdale Square Center in the space currently occupied by Blockbuster Video. Retail sales of auto parts and accessories will occupy 14,600 sq. ft. Twelve bays will occupy 8,400 sq. ft. for auto service and repair, including tire, battery, and accessories installation; tuneups; brake work, shock and strut service; lubrication and oil service; exhaust and air conditioner service. Body work, painting or collision repair work will • not be performed at this site. 1 -14 -98 2 Minimal re- modeling of the building is required to accommodate the business. An overhead door • will be installed on the northerly portion of the angled west wall which has an existing overhang. The loading area at the rear of the building will be improved and will be covered by a canopy and screened by an 8' wall. A tire storage enclosure will be constructed in the same area. The exterior of added construction will match existing masonry material. A letter dated 12 -24 -97 from Linda H. Fisher, attorney, representing Pep Boys Service Center, details how the proposal complies with the City's special use standards for issuance of a special use permit. A special use permit may be granted after a finding that all standards for such permits have been met. Mr. Warren stated the application contains no conflicts with the five standards outlined in Section 35 -220 of the ordinance. Therefore, based on its review of the application, the staff recommends approval of the special use permit for the operation of an automotive service /repair facility for Pep Boys Service Center, 5900 Shingle Creek Parkway, subject to 8 conditions outlined in the staff report. Surrounding property owners have been notified of the public hearing on this application. Chair Willson called for questions on the application from the Commissioners. Commissioner Boeck requested clarification regarding the description of the location of the facility within the Brookdale Square building. Mr. Warren explained that Pep Boys will occupy the entire space currently used by Blockbuster Video and it may expand its retail sales area into adjacent vacant sites without any additional approval from the City since retail sales is a permitted use. However, any alterations to the repair area, which falls under the special use permit, would require a new application. Commissioner Erdmann inquired about the handling/disposition of automobile fluids, etc. from the service bays. Mr. Warren indicated that the Building and Fire codes regulate hazardous waste disposal and would not affect waste water drainage. In response to Commissioner Newman's inquiry regarding use of outdoor display racks, Mr. Warren stated those could be allowed under administrative land use permits only. Commissioner Reem questioned several issues including whether one service door created safety concerns. It was indicated that because Pep Boys employees would likely move vehicles with the service area, there should not be any problem. With respect to landscaping, Mr. Warren indicated the Shopping Center's "points" had previously been re- evaluated and determined to be adequate; however, some additional trees and sodding will be added as part of this project. The size of the tire storage facility is estimated to 20' x 10' and it is expected that space for the dumpster, shown on the plans unconcealed, will be included in that facility. Construction and use of that storage facility is subject to review and approval of the Building Official. PUBLIC HEARING (APPLICATION NO. 98001 - PEP BOYS SERVICE CENTER) 1 -14 -98 3 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the • public hearing on Application No. 98001 at 8:16 p.m. The motion passed unanimously. Ms. Linda Fisher, attorney, Larkin, Hoffinan, Daly & Lindgren, Ltd., Bloomington, MN, representing the applicant, referred to her letter dated 12 -24 -97 with respect to the project's compliance with the zoning ordinance standards for issuance of a special use permit. She stated the 8 approval conditions outlined in the staff report are acceptable to the applicant. Ms. Fisher introduced other individuals involved in the project. Mr. Michael Lynch, architectural manager, Casco Corporation, Melrose Park, IL, provided additional information regarding the project including the placement and characteristics of the overhead entrance door to the service bays. He stated that the company is complying with State of Minnesota regulations for the disposal of hazardous wastes and that the company recycles much of its waste including rubber goods and fluids. It was noted that the company logo and signage is acceptable under the City's sign ordinance. Responding to Commissioners' questions, Mr. Lynch explained that Pep Boys home office is located in Philadelphia PA, it is a publicly held corporation, is new to the market in MN, and has established markets throughout the eastern, southern, and western parts of the country. According to Mr. Lynch, the insulated aluminum overhead door will operate with an electronic eye and technicians will move vehicles within the facility. The current sprinkling system, with minor • modifications, will remain. The loading structure will be steel framed and the 9'x 18' tire storage facility will be roofed and gated and will also enclose the trash dumpster. In response to Commissioner Boeck's inquiry, Mr. Lynch stated that although Pep Boys has not provided hazardous waste (oil, etc.) collection/disposal services to the public, it may be willing to research the feasibility of such service at this location. Commissioner Erdmann suggested that the overhead door be painted an earthtone color to blend in with the masonry exterior of the building. Project construction is expected to begin in March with a mid -June 1998 opening for business. Hours of operation at Pep Boys Service Center will be 8 a.m. to 9 p.m., Monday through Saturday, and 10 a.m. to 3 p.m. on Sunday. Mr. Tim Prinzen, Bradley Real Estate, Roseville MN, owner of the Brookdale Square Center, stated that the Blockbuster Video lease is terminated to facilitate the Pep Boys Service Center operation. No other individuals from the public appeared before the Commission during the public hearing on Ap ,plication No. 98001. CLOSE PUBLIC HEARING (APPLICATION NO. 98001) There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the public hearing at 8.35 .m. p g p The motion passed unanimously. • 1 -14 -98 4 Chair Willson called for further questions from the Commissioners. The Commissioners did not • interpose objections to the building plans or to the special use permit requested under Application No. 98001, submitted by Pep Boys Service Center, subject to certain conditions. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98001 - CASCO CORPORATION/PEP BOYS SERVICE CENTER There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 98001, a request, submitted by Pep Boys Service Center, for a special use permit to operate an automotive service /repair facility in conjunction with the retail sale of automotive parts, accessories and car care products at the Brookdale Square Shopping Center, 5900 Shingle Creek Parkway, subject to the following conditions: 1. The Special Use Permit is granted to the applicant for an automotive service /repair facility including tire, battery and vehicle accessory installation; tune -ups, shocks and strut service; lubrication and oil work; inspections; repair and replacement of engine support systems; wheel balancing; alignment and suspension; brake work; exhaust system service and air conditioning service work. No other automotive service /repair work such as body work, painting or collision repair work shall be performed. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. Building plans for tenant remodeling and overhead door shall be reviewed and approved by the Building Official prior to the issuance of permits. 3. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. There shall be no service /repair or maintenance of vehicles out of doors. All service and maintenance to vehicles shall be done inside the building with the overhead door closed. 5. Any outside trash disposal facility and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 6. There shall be no outside display or storage of merchandise on this site other than that which is authorized under administrative land use permits. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 8. A performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of • 1 -14 -98 5 • building permits to ensure the completion of all site improvements proposed for this development. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, January 26, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. OTHER BUSINESS 1998 PLANNING COMMISSION SCHEDULE Mr. Warren directed the Commissioners' attention to the proposed schedule of 1998 Commission meetings. It was suggested that the meeting scheduled in June that coincides with the Earle Brown Days parade be re- scheduled to another day that week. The Commissioners accepted the proposed meeting schedule as circulated with the suggested change during the month of June. Chair Willson informed that he will be absent from the January 28 and February 25 meetings. Commissioner Reem informed that she will be absent from the February meeting. . g NEIGHBORHOOD ADVISORY GROUP ASSIGNMENTS The Commissioners considered the liaison assignments of Commissioners to the six neighborhood advisory groups. It was suggested that Commissioner- designate Nelson be assigned to the Northwest neighborhood, Commissioner Walker to the Southeast neighborhood and the remaining assignments be continued as indicated on the proposed document circulated to the commissioners. Commissioner Newman questioned the concept of the neighborhood groups and speculated whether there may be other methods to accomplish the desired results. Mr. Warren reviewed the background to establishment of the groups, their purpose, and provided examples of when and how the groups have been used by the Commission, and reviewed the role of the commissioners as liaison to their designated neighborhood group. It was acknowledged that there has been infrequent service by the groups, however, when used in the past, the input from citizens has been valuable. Commissioners Reem and Newman suggested that members of the advisory groups be invited to join the Commissioners at a meeting to observe the workings of the Commission. Mr. Warren stated the plans for the new police facility to be constructed under the bond issue passed by the community last fall will likely come before the Planning Commission in March 1998. He answered questions regarding plans for the East fire station and the status of the city operated liquor store at 63rd Avenue. ADJOURNMENT • 1 -14 -98 6 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the • Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:12 p.m. Chair Recorded and transcribed by: Arlene Bergfalk Timesaver Off Site Secretarial, Inc. • 1 -14 -98 7 Member introduced the following resolution and moved Q lO its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GLORIA SANTILLO WHEREAS, Gloria Santillo has been an employee of the City of Brooklyn Center, Police Department, from December 12, 1980, to January 30, 1998; and WHEREAS, Gloria Santillo has been the Receptionist from 1980 to 1998; and WHEREAS, Gloria Santillo has faithfully served the residents of Brooklyn Center as police receptionist; and WHEREAS, her dedicated public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Gloria Santillo is hereby recognized and • appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • its adoption: Member introduced the following resolution and moved /Ob • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOLORES NAREY WHEREAS, Dolores Narey has been an employee of the City of Brooklyn Center from May 18, 1981, to January 30, 1998; and WHEREAS, Dolores Narey has served as administration/elections secretary; and WHEREAS, Dolores Narey has faithfully served the residents of Brooklyn Center as administration/elections secretary; and WHEREAS, her dedicated public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Dolores Narey is hereby recognized and • appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ID MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist��7j DATE: January 15, 1998 SUBJECT: Time of Sale Ordinance At the December 16, 1997, Housing Commission meeting, the Brooklyn Center Housing Commission passed a motion to recommend the Brooklyn Center City Council adopt a Time of Sale ordinance for the City of Brooklyn Center. As you may recall, the Housing Commission has been debating the issue of a Time of Sale ordinance over the past few years. Several past commissions were split on a decision whether to recommend adoption of a Time of Sale ordinance, but the current commission had reached a consensus on moving forward with an ordinance and met in joint session with the Brooklyn Center City Council in February 1997 to discuss a Time of Sale ordinance. At the February 1997 joint Housing Commission and City Council meeting, there was a general consensus of City Council and Housing Commission members to prepare an ordinance for council consideration in January 1998. A draft ordinance has been prepared and recommended by the Housing Commission. The ordinance is modeled after the Time of Sale ordinance adopted by the cities of Bloomington and South St. Paul. The ordinance requires sellers to obtain an evaluation report from a private housing evaluator. The evaluation report is essentially a "truth in housing" type inspection report. The report would be made available to potential buyers of the property and would provide information to a potential buyer on the condition of the items inspected. A sample evaluation report form from the City of South St. Paul is included with the attachments to this memorandum. This sample form is provided to show what a typical evaluation report looks like. As in Bloomington and South St. Paul, the ordinance requires the correction of a limited number of items classified as hazardous in the ordinance. In this respect, the attached draft ordinance, along with Bloomington and South St. Paul, is a compromise between the "truth in housing" type ordinance which requires no corrections of substandard items and the more restrictive ordinances in cities like St. Louis Park, Crystal and New Hope, which require correction of items beyond those that are classified as hazardous. • January 15, 1998 • Page 2 The major change from the draft ordinance prepared for the City of Brooklyn Center and it's counterparts in Bloomington and South St. Paul is that the ordinance reduces direct staff involvement and limits it to inspection of permit items only. In other words, city staff will become involved in the process of inspecting properties only when and if permits are required to correct the hazardous items noted in the evaluation report. Essentially, the product or evaluation report is the same product as that which is produced in Bloomington and South St. Paul but the Brooklyn Center model would emphasize a program that is almost exclusively conducted between private evaluators and home sellers. To better explain the proposed ordinance, the following items are included with this memorandum: 1. Draft ordinance. 2. Procedural outline describing how the ordinance will work.. 3. Examples of Time of Sale Housing Evaluation Report and Housing Standards and Evaluator Guidelines from the City of South St. Paul. These documents would serve as the model for Brooklyn Centers program but would require some revisions, including the requirement for private evaluators to do the re- inspection. The Housing Commission's goal has been to present the draft ordinance to the City Council in January of 1998. 1 would recommend the ordinance be introduced as a discussion item at the January 26, 1998 meeting. • Ordinance No. a� • CITY OF BROOKLYN CENTER OKLYN CE Notice is hereby given that a public hearing will be held on the day of , 1998, at p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider ... Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE IMPLEMENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING INSPECTION, DISCLOSURE OF CONSUMER INFORMATION CONCERNING THE CONDITION OF A DWELLING PRIOR TO ITS SALE, AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 .... That Section 12 of the City Ordinances be amended to include: 12 -1501 PURPOSE The purpose of this Section is to enhance the supply of safe, sanitary and adequate housing for citizens of the city of Brooklyn Center and to prevent the deterioration of existing housing. 12 -1502 DEFINITIONS The following words and terms when used in this Section shall have the following meanings, unless the context clearly indicates otherwise: "Dwelling" - one or more rooms arranged for residential use and physically separated from any other rooms or dwelling units which may be in the same structure. Types of dwelling are as follows: 1. "Dwelling, single - family" - a residential building containing one dwelling unit including detached, semi - detached and attached dwellings. • Time of Sale Inspection Page 1 uRAFT Ordinance No. 2. Dwelling, two-family - a residential building containing two dwelling units g Y g g g including detached, semi - detached and attached dwellings. 3. "Mobile home" - (includes "Manufactured" Homes). A single family detached dwelling unit designed for year -round occupancy, constructed at a factory or assembly plant and drawn to the site on attached under carriage and wheels. "Mobile Home' shall not include "Recreation Vehicle" as herein defined, nor shall it include modular or prefabricated dwelling units which meet or exceed the requirements of the Uniform Building Code. "Evaluation report" - a written report prepared and signed by a person licensed as a time of sale housing evaluator in a community recognized by the City of Brooklyn Center on a form in compliance with Section 12 -1506 of this Code. "Hardship" - inability of seller to make required repairs, including but not limited to economic circumstances, illness, death, weather or acts of God. "Immediate hazard" - a condition or defect which is likely to cause injury to a person or property if not corrected. Authority" - the City Manager or his/her designated representative. I "Issuing Y Y g g P Owners Agent - a person who acts for or has the power or authority to act for the owner of a dwelling. "Sale" - the transfer of title or possession of a dwelling whether or not absolute title is transferred. "Vacant" - a dwelling which is not occupied. 12 -1503 INSPECTION AND EVALUATION REPORT REOUIRED a. Except as set forth in Section 12 -1504 of this Code, no single family or mobile home located within the City may be voluntarily conveyed for consideration by deed or contract for deed until the owner or owner's agent has first applied for and secured an evaluation prepared by an evaluator meeting the requirements under Section 12 -1505 of this Code. A separate evaluation report shall be prepared for each dwelling or structure. b. A valid evaluation report issued for the dwelling in question shall be provided to the buyer prior to the execution of a purchase agreement. The buyer shall be supplied a copy of the written report and shall sign a copy acknowledging receipt • Time of Sale Inspection Page 2 DRAFT Ordinance No. of that report. The buyer shall not occupy the structure prior to issuance of the P Y pY p evaluation report. c. If the structure is in compliance with requirements of Section 12 -1508 of this Code, the evaluation report shall state that the structure has been inspected and is in conformance. An evaluation report is valid for one year from the date of its issuance. The report is valid only for the owner listed on the report. d. No person shall offer for sale by exhibiting or showing a dwelling within the city without having first obtained an inspection and evaluation report as described in this Section. The evaluation report shall be conspicuously displayed for inspection at the premises at all times that such dwelling is being offered for sale. 12 -1504 EXCEPTIONS The provisions of Section 12 -1503 do not apply to: a. Any newly constructed dwelling when title is transferred to the first owner. b. The sale or other transfer of title of any dwelling to a public body. c. The sale or transfer of title of any dwelling for the purpose of demolition. d. The sale or conveyance of any dwelling by a sheriff or other public or court officer in the performance of their official duties. This exemption does not apply to the sale of a dwelling by a person appointed by a probate court. 12 -1505 EVALUATOR REOUIREMENTS a. Evaluators conducting evaluations and completing evaluation reports under this Code must maintain a current unexpired Certificate of Competency issued by the City of Minneapolis, St. Paul or Bloomington and must also show proof that he or she has a current unexpired Certificate of Competency for one of the aforementioned issuing cities. b. Evaluators conducting evaluations and completing evaluation reports under this Code shall also show proof of general liability insurance insuring the evaluator with a minimum limit of liability of two hundred fifty thousand dollars ($250,000) general aggregate and per occurrence and errors and omissions insurance with a minimum limit of liability of two hundred fifty thousand dollars ($250,000) which may include a deductible not exceeding five thousand dollars ($5,000) and the evaluator shall maintain insurance continuously in force • Time of Sale Inspection Page 3 Ordinance No. DRAFT • thereafter. The city shall be included as a named insured on the insurance required herein at the expense of the evaluator. The evaluator shall furnish the city with a certificate of insurance which meets the city requirements. c. The city shall maintain a list of the names and telephone numbers of evaluators who meet the requirements of this section. The list shall be available to the public. 12 -1506 FORMS The city shall prepare or authorize use of forms as it deems appropriate to constitute a disclosure under this Section. The form shall provide information concerning Code requirements, major structural defects and immediate hazards to health, safety and property. 12 -1507 DUTIES OF EVALUATORS a. Each evaluator shall comply with the following: 1. Maintain a current license with one of the recognized cities. 2. Conduct all evaluations within the program's guidelines. 3. Meet required continuing education requirements established by the recognized cities, listed in Section 12 -1505. b. Each evaluator shall comply with the following procedure for preparing and filing reports: 1. The evaluation report shall be either typewritten or legibly printed in ink on forms furnished by the city. The report shall indicate whether the condition of the dwelling meets city requirements, is below city requirements or is deemed to be hazardous at the time and date of the evaluation. 2. The evaluator shall submit the original evaluation report to the seller. The evaluator shall keep a duplicate copy. 12 -1508 CORRECTION OF IMMEDIATE HAZARDS a. The following items, when discovered by the evaluator, shall be identified as immediate hazards in the evaluation report: 1. Heating systems that are unsafe due to burned out or rusted heat exchangers, burned out, rusted or plugged flues, no vent, connection with unsafe gas supplies or incapacity to adequately heat the living space. 2. Water heaters that are unsafe due to burned out or rusted heat exchangers, burned out, rusted or plugged flues, no vent, connection with unsafe gas supplies or lack of temperature and pressure relief valves. • Time of Sale Inspection Page 4 '- Ordinance No. • 3. Electricals stems that are unsafe due to dangerous overloading, damaged or Y g g deteriorated equipment, improperly taped or spliced wiring, exposed uninsulated wires, temporary distribution systems, or ungrounded systems. 4. Plumbing systems that are unsanitary due to leaking water systems, fixtures or traps, lack of an operating toilet, lack of washing and bathing facilities, cross connection of municipal water supply with fixtures or sewage lines, or the lack of water. 5. Structural systems including walls, chimneys, ceilings, roofs, foundations, floor systems or decks which are not capable of carrying imposed loads. 6. Exterior roofs, walls, chimneys and foundations that are not weather tight and water tight to the extent that it creates an immediate hazard. 7. Abandoned storage tanks. 8. Lack of operational smoke detectors located in accordance with the applicable provisions of the Uniform Building Code. b. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exits. If the dwelling unit is occupied and an immediate hazard exists, corrective action shall be taken by the owner or agent of the owner within 90 days from the date of occupancy. c. When correcting identified hazards, the owner shall obtain all necessary permits from the city and the premises shall be subject to inspection by an evaluator prior to occupancy of the dwelling. d. If due to hardship the owner cannot undertake corrective action, the buyer may elect to correct immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must execute the following: 1. a signed agreement from the buyer accepting responsibility for correction of the hazardous items; 2. reasonable completion dates (no more than 90 days); 3. evidence of financial ability to perform the corrections. e. If the owner is a government agency or if an agreement exists between the owner and buyer that the buyer will correct immediate hazards as part of a remodeling project, the buyer may correct immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must have: 1. a signed agreement from the buyer accepting responsibility for correction of the hazardous items; 2. reasonable completion dates; • Time of Sale Inspection Page 5 F Ordinance No. • 3. evidence of financial ability to perform the corrections. 12 -1509. FAILURE TO COMPLY a. The failure of any owner, agent of an owner or buyer to comply with the provisions of this Section or to comply with an order issued by the city pursuant to this Code, shall be a misdemeanor. b. The failure of any evaluator to comply with the provisions of Section 12 -1505 shall be a misdemeanor. c. The city may also enforce provisions of this Section by mandamus, injunction, or other appropriate remedy in a court of competent jurisdiction. 12 -1510 WARRANTY LIMITATIONS a. Nothing in the evaluation report shall indicate or shall be deemed to indicate that a dwelling meets all minimum maintenance, housing and building standards. b. Evaluations conducted pursuant to this Section are made in order to improve the overall housing stock in the city and are not meant to be a warranty or guarantee of the dwelling evaluated. The report issued by the evaluator is not a representation to any individual buyer, seller or renter regarding the condition of the building nor is the report intended for the special benefit of any individual. 12 -1511 APPEAL A person aggrieved by a decision, notification or order under this ordinance may appeal such decision, notification or order to the council which may reverse, modify or affirm the same after a hearing upon notice to the appellant. The appeal must be (i) in writing, (ii) specify the decision, notification or order appealed form, (iii) specify with particularly the basis and grounds of the appeal, and (iv) filed with the clerk on or before 20 days following the date of the decision, notification or order. 12 -1512 EFFECTIVE DATE This Section shall be effective for dwellings conveyed on or after Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1998 • Time of Sale Inspection Page 6 Bulk monk Ordinance No. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • Time of Sale Inspection Page 7 • PROCEDURAL OUTLINE FOR TIME OF SALE INSPECTION PROGRAM, CITY OF BROOKLYN CENTER 1. Homeowner obtains list of housing evaluators from City Community Development Department. The list of evaluators will be those that have been certified by Bloomington, St. Paul and /or Minneapolis. Homeowner makes appointment with private evaluator and evaluator performs inspection, completes time of sale evaluation report and gives copy to homeowner. 2. If no hazardous items are found, this will be reflected in the evaluation report. Seller will be issued certification letter indicating compliance. Certification letter will be issued by private evaluator. 3. If there are hazardous items to be corrected, owner must correct before closing. Note: Owner must also make evaluation report available to potential buyers. Owners can also defer correction of hazardous items to buyers by written agreement. Corrections must be done within ninety (90) days from date of closing if deferred to buyer. 4. Some hazardous items listed in the time of sale ordinance will require building permits (see ordinance). If they require correction. Owner must obtain permit and correct items prior to closing. 5. Inspection done by City staff on all hazardous items for which permits have been obtained. Owner will have evidence of inspection issued by City on any hazardous items requiring correction. Private evaluators will reinspect hazardous items, which are to be corrected as per initial evaluation report. Private evaluators will provide report to seller on reinspection and issue certification letter if in compliance. -� �►� 'Gi f ty o South St. Paul TIME -OF -SALE HOUSING 125 3rd Avenue North EVALUATION REPORT South St. Paul, MN 55075 ::OT�GE :. ;`: REA,D'' ENTIRE: EP RT.. . ::.:: ;:.:.:.::: I Address of Evaluated Dwelling unit No. Of I No. Units Nbr, of Nbr, of Owner Name 8edroorns Sachs Owner Address 1) This report offers a limited overview of building 3) This report is not an FHA or VA inspection or appraisal. components and fixtures by the Evaluator and is not 4) The Report covers only the items listed on this form. The technically extensive. Prospective buyers may seek evaluator is not required to evaluate inaccessible, additional evaluations from various experts in the concealed, or unsafe areas; climb up on roofs; or inspection field prior to purchase. This report is NOT a disassemble items. This report does not address lead warranty or guarantee expressed or implied by the City of paint, radon or asbestos. South St. Paul, or by the Evaluator, or of any building 5) This Report is valid for one year from the date of issue component or fixture. and only to the owner named above. 2) The Ordinance requires that no person shall exhibit or 6) Any questions regarding this Report should be directed to show a dwelling for sale without first having obtained an the Time of -Sale Housing Evaluator whose name appears Evaluation Report. The original Evaluation Report issued on the back of this form. Any complaints regarding this- for o the dwelling ust be displayed n 9 p yed o the site and shall be Report should be directed to the Time -of -Sale Housing provided to the buyer before or at the time of sale of the Evaluator. dwelling. A copy of the Report must be submitted to the City of South St. Paul within 10 calendar days after the evaluation has been made. EVALUATION CODES: ,h item is non - existent, the word "None" shall be indicated in the Comment • an z ( ), d any "H " (HaL. -rdcus as defined in the City Cede ). - rent area. Items marked with a "NA" indicate that this item is Additional comment sheets may be attached if needed. Items i7c applicable or not relevart Items marked with "M" indicate that marked "H". (Hazardous) must be corrected and no problems related to that item were seen at the time of inspected by a City Inspector PRIOR to occupancy. evaluation. The following require comments explaining each item: PERMITS ARE REQUIRED FOR CORRECTION OF any "B" (Below minimum requirements); any °C" HAZARDOUS ITEMS. None Nan- Meets B Below Minimum Existent M Requirements Requirements C Comment H Hazardous NA NotAppficabfe INTERIOR: Basement Item Number /Comments and Remarks_ 1. Stairs - railings, landings, steps 1. 2. Floor 2 3. Foundation wails 3. 4. Columns and beams 4. S. First floor struc:urai systems 6. Floor drain and its deancut 8. 7. Water supply piping 7, 8. Plumbing fixtures 8. 9. Drain, waste and vent piping o 10. Heating system instailaticn and operation 10, 11. Water heater installadcn and operation 1 1 . 12. Ventirg system of :he heating plant and water heater 12. 13. Gas lines and valves 13. I'. Eier : cal service instailatien ; a. 15. E:ec :rcai service size at panel: AMPS Ail c;rcuits indexed at the service panel 16. Eiec :rcal outletsifixturesiwiring 17. 1 8. Sieepirg rccm(s) - egress 18 PACE 1 CF 2 Adcrasz of Evalua,ed Cweiling INTERIOR. Room3 on Level: 1 1 2 Item Number /Comments and Remarks 19. P!umbirg fixtures W as lines and valves I E ec -.,c aj auttetsifi xtures/wiring I 21. 22. Auxiliary heaters - instailaticn and wiring I 21 23. Wccd bumirg appliances I 23. 24. Fireplaces I 2e. 25. Floors and rooms - constriction and dimensions I 25. 25 Ught and ventilation windows I 26. 27 Sleeping roams I 27. 29. Smoke detectors (presence, location, cpera,icn) 1 29. 29. Wails and ceiling components l 29. ' 30. Stairs and railings (upper floors) ! 30. INTERIOR: Attic Space 31. Ratters, sheathing, ventilation 3.. 22. Evidence of staining or seepage J2 33. E e tncal outlets/ ixtures/wiring 33, EXTER I O R 34. Eiectical autletsifixturesiovemead service 34, 35. Stairs, decks, balccnies, porches, railings 35. 36. Walls -Siding, t; im, etc. Z6, .7. Windows (FramesfScreens/Giass) 37. 38. Dccrs -,& 3C . Roof covering and flashing * '^ Chimnevs and vents rainage 41. FI!urnting - Sackflcw prevention s2_ GARAGE 43. Reef strucure and covering 43. =-'. Wall structure and covering 44. =5. Overhead garage door - opener 0 YES O N0 =5. =8. Eie^ icai eutietsl ixturesiwirng 46. '7. Gas lines and valves 47. 48. Fire seraraticn 48_ 49. Heaters aa. f MISCELLANEOUS 50. Misce:laneous, inc!uding abandoned fuel tanks 50. 51. Sanitation 51. CERTIFICATION BY LICENSED CONTRACTOR 52. Canticaticn of the Heating System recuireC? Y/N 5Z Ce.^.ificaticn of the Water Heater recuired? Y/N 3„ 54. Certificatica of :he Plumcing System recuirzd? Y/N 54. v5. Cart;,lcaucn of the Eiet ical System recuirec? YIN - 9 3. Cerlficaucn of the Stnuc.:.'ral - S ystem re-quired? Y/N 57. Lst other cartificatiens recuired: An immediate hazard as indicated in Section 430 of the South St. Paul City Code was * avered and is identified herein. Verification shall be obtained from the City of South Paul prior to occ- upancy by a new owner. 'YES' must be indicated if ANY item has been %`rC.c 0('E• YES NO marked 'Hazardous'. 'NO' must be indicated if NO item has been marked 'Hazardous ". I hereby certify that This evaivanon was done in comoliance with South St. Paul Cay Code Sec. 43C and the City of South St. Paul Housing Standards and Evaivator Guidelines /ALLUATOR'S Signature Phcne No. Issue Cate: CITY OF SOUTH ST. PAUL DAKOTA COUNTY, MINNESOTA HOUSING STANDARDS AND EVALUATOR GUIDELINES Code Enforcement Office 125 3rd Avenue North South St. Paul, MN 55075 • (612)450- 8704 -Fax (612)450 -5447 Effective January 1, 1996 • Revised June 19, 1996 TABLE OF CONTENTS DESCRIPTION PAGE Time of Sale Housing Inspection Ordinance ........................................................ ............................... Codeof Ethics .................................................................................................. ............................... Forward.............................................................................................................. ............................... HOUSING STANDARDS AND EVALUATOR GUIDELINES INTERIOR- Basement 1. Stairs - railings, landings, steps .................................................. ..............................1 2. Floor ......................................................................................... ..............................2 3. Foundation walls ....................................................................... ..............................3 4. Columns and beams ................................................................... ..............................4 5. First floor structural systems ...................................................... ..............................6 6. Floor drain and its clean out ....................................................... ..............................8 7. Water supply piping ................................................................... ..............................9 • 8. Plumbing fixtures ....................................................................... .............................10 9. Drain, waste and vent piping ....................................................... .............................11 10. Heating system installation and operation ................................... .............................13 11. Water heater installation and operation ....................................... .............................16 12. Venting system of the heating plant, water heater and gas clothes dryer ...................18 13. Gas line and valves .................................................................. ............................... 19 14. Electrical service installation ....................................................... .............................20 15. Electrical service size at panel ..................................................... .............................21 16. Service panel indexing of circuits ................................................ .............................21 17. Electrical outlets /fixtures/ wiring ................................................... ..........................'..22 18. Sleeping room(s) - egress ............................................................ .............................23 INTERIOR - Rooms 19. Plumbing fixtures ......................................................................... .............................24 20. Gas lines and valves ..................................................................... .............................26 21. Electrical outlets / fixtures / wiring ............................................... ............................... 27 22. Auxiliary heaters - installation and wiring ..................................... .............................29 23. Wood burning appliances .............................................................. .............................30 24. Fireplaces ..................................................................................... .............................30 25. Floors and rooms - construction and dimensions ........................... .............................31 26. Light and ventilation windows ...................................................... .............................32 27. Sleeping rooms ............................................................................. .............................33 28. Smoke detectors (presence, location, operation) ........................ ............................... 34 • 29. Walls and ceiling components ....................................................... .............................35 30. Stairs and railings (upper floors) ................................................... .............................36 INTERIOR - Attic Space 31. Rafters, sheathing, ventilation ...................................................... .............................37 32. Evidence of staining or seepage .................................................... .............................39 33. Electrical outlets /fixtures/ wiring ................................................... .............................39 EXTERIOR 34. Electrical outlets /fixtures /overhead service ................................... .............................40 35. Stairs, decks, balconies, porches, railings ...................................... .............................41 36. Walls - Siding, trim, etc ............................................................... .............................42 37. Windows (Frames/ Screens / Glass) ................................................ .............................43 38. Doors .......................................................................................... .............................44 39. Roof covering and flashing .......................................................... .............................45 40. Chimneys and vents ..................................................................... .............................46 41. Drainage ...................................................................................... .............................47 42. Plumbing - Backflow prevention ................................................... .............................47 GARAGE • 43. Roof structure and covering ......................................................... .............................48 44. Wall structure and covering .......................................................... .............................49 45. Overhead garage door .................................................................. .............................49 46. Electrical outlets /fixtures/ wiring ................................................... .............................50 47. Gas lines and valves ..................................................................... .............................51 48. Fire separation ............................................................................. .............................52 49. Heaters ........................................................................................ .............................52 MISCELLANEOUS 50. Abandoned fuel tanks ................................................................... .............................53 51. Sanitation ..................................................................................... .............................54 LICENSED CONTRACTOR CERTIFICATION 52. Certification of the Heating System required? ............................... .............................55 53. Certification of the Water Heater required? .................................. .............................55 54. Certification of the Plumbing System required? ............................ .............................55 55. Certification of the Electrical System required? ............................. .............................55 56. Certification of the Structural System required? ............................ .............................55 57. Other certifications required?........' ....................................... ............................... 55 • CODE OF ETHICS FOR TIME -OF -SALE OF HOUSING EVALUATORS 1. The Evaluator will be responsible at all times to execute his /her duties with due care and in good faith, in compliance with the Laws and Regulations of the City of South St. Paul (city) and the Evaluator's Code of Ethics. 2. The Evaluator will not discriminate in providing services and establishing fees on the basis of sex, marital status, national origin, sexual orientation, race, disability, or religious preference. 3. The Evaluator shall not act as an Evaluator during any time he /she may be under the influence of alcoholic beverages or using any form of drug or narcotic not specifically prescribed by a Doctor of Medicine. 4. The Evaluator shall not knowingly re- evaluate any premises within the time period for which the original evaluation remains valid without the prior approval of the City's Review Evaluator, or use the forms supplied by the City for any use other than evaluations required by Chapter 14.418. 5. The Evaluator, while acting as such, shall not engage in conduct that in any way is in violations of . any law or ordinance or is in contravention of good order and decorum. 6. The Evaluator will be responsible to notify the City Review Evaluator of all complaints filed regarding the Evaluator's services. 7. The Evaluator shall not prepare or submit to a homeowner or to the Building and Inspection Division any completed form knowing it or any entry therein to be false. All evaluations made shall be completed upon the forms authorized by the City and shall be submitted to the City within ten calendar days of the evaluation. 8. An Evaluator summoned in writing to appear before the City Council shall respond to such summons on the date and at the time and place indicated. 9. An Evaluator shall not evaluate any property in which the Evaluator has an interest. 10. An Evaluator who is also licensed by the State of Minnesota to sell real estate shall not evaluate any property required to be evaluated by Section 430 of the Municipal Code, which said Evaluator has listed or is showing or attempting to sell. An Evaluator shall not be in the employ of a real estate sales person or broker and evaluate any property for which such employer has a listing agreement. An Evaluator shall not engage in business practices with any person in the real estate field when such a practice could be construed to be collusion. 11. An Evaluator shall not solicit for sale or solicit or perform repair work for any person, firm or organization on any property the Evaluator has evaluated. A VIOLATION OF ANY OF THE GUIDELINES MAY RESULT IN SUSPENSION OR REVOCATION OF AN EVALUATOR'S LICENSE OR DENIAL OF A RENEWAL OF SUCH LICENSE • FORWARD The evaluator is expected to have available during the evaluation the following tools and aids to assist with the actual evaluation: 1. A measuring tape 2. A five foot ladder for attic access I A flashlight 4. A sharp instrument or tool such as an awl or ice pick 5. An electrical outlet testing device with GFCI test feature 6. An electrical outlet testing device with two flexible leads 7. A 1 qt., 2 qt., or 1 gal. container for measuring water The Evaluator shall make a definite appointment with the owner or agent for the evaluation and then keep the appointment. Immediately upon arriving at the premises, the evaluator's identification shall be shown to the owner or owner's agent if present and no evaluation shall be started unless this • procedure is followed. A brief explanation of your profession and the City Licensing requirements for an evaluator, along with a short description of the evaluation procedure and purpose, shall be Qiven to the owner or agent. An explanation of the requirements on which the evaluation is based shall be given to the owner with special attention to the requirement for correction of items marked hazardous. The Evaluator shall read items one through five of the Housing Evaluation Report to the owner and ask the aid of the owner in filling out the basic information at the top of the sheet. The Evaluator must inform the owner that it is required that the Evaluator have access to the attic space as part of the evaluation. If the scuttle hole is in a closet. as the owner to remove clothing and other obstructions so a proper evaluation can be made. If the owner refuses to make the attic access available, the Evaluator shall indicate this fact on the report. The owner shall be asked to accompany the Evaluator on the evaluation tour. Suggest that the owner P Y gg ask questions and request that he point out features known to him that may assist the Evaluator in evaluating the condition of the dwelling's mechanical and electrical systems. This is not a requirement, but may furnish the Evaluator with information concerning the condition of the structural, mechanical, or electrical components of the dwelling. Tell the owner that after the evaluation, you will be glad to discuss the report. You should go over the items marked as hazardous and inform the owner that these items must be corrected and • inspected by a city inspector prior to sale of the dwelling. The owner shall be informed that City Permits are required for the correction of hazardous items and all question in that regard should be addressed to the City of South St. Paul Code Enforcement Department 450 -8704. • This evaluation is basically a visual inspection of the property. Although in -depth testing is not required, certain cover plates and access doors are required to be removed in order to facilitate the inspection. In addition, some simple tests are required to be completed for the evaluation. These tests are specified in the guidelines. The Evaluator is not expected to climb up on roofs; disturb insulation, move personal items, equipment, snow, ice, or debris which obstructs access or visibility; enter any area which is unsafe, or perform any procedure which may damage the property or be dangerous to the evaluator or other persons. If there is an obstruction which prohibits the Evaluator from inspecting any part of the dwelling that is listed herein, the Evaluator shall so note on the Evaluation Report. • • INTERIOR - BASEMENT 1. Stairs - railing, landings, steps A. The Evaluator shall determine if the stairway(s) leading to the basement are safe to use and capable of supporting the load that normal use would cause to be placed upon them. If stairways are not capable of supporting normal use loads, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. B. If a basement contains habitable area, the Evaluator shall determine if the stairway meets the maximum rise of 8 inches, the minimum run of 9 inches, and the minimum width of 36 inches. The largest tread run and the greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch. Stairways that do not meet the minimum dimensions shall be marked as "Below Minimum • Requirements ". C. The minimum headroom height of a stairway is 68 ". Headroom that is less than 68" shall be marked as "Below Minimum Requirements ". D. Every stairway having four or more risers shall have at least one handrail. The Evaluator shall determine if the handrails are properly installed and securely attached. Handrails shall be arippable and located 34 - inches above the tread nosing and separated by 1 -1/2 inches from any walls or guardrails. E. A guardrail shall be located on the open sides of a stairway and be securely attached. The openings in a guardrail shall be such that a 4 inch sphere cannot pass through. The minimum heights of the guardrail is 36" unless the handrail is considered a part of the guard -rail. In that case, the minimum height of the guardrail/handrail is 34 inches. Guardrails that do not meet these requirements shall be marked as "Below Minimum Requirements ". 1 • INTERIOR - BASEMENT 2. Floor A. The Evaluator shall check the floor slab and list any evidence of heaving, buckling, large cracks, holes, or other existing conditions that indicate problems. If such evidence exists, mark as "Comment ". B. The Evaluator shall list where there is no concrete floor or if the concrete floor does not cover all usable floor areas of the basement. If either of these conditions exist, mark as "Comment ". C. The Evaluator shall check basement floor for evidence of past or present dampness. If such evidence is found, describe in the remarks column. • • 2 INTERIOR - BASEMENT • 3. Foundation wall A. The Evaluator shall check the basement walls for cracking, leaning, buckling, or bulging conditions which may indicate structural failure. The Evaluator shall also note any loose or missing foundation blocks, bricks, stones or mortar. If the Evaluator estimates that there is the potential for structural failure of the basement wall, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. B. Where crawl spaces exist, the Evaluator shall enter the space, or use any holes or openings into the crawl space to inspect the condition of all visible foundation walls and floor systems. The Evaluator shall indicate how the crawl space was reviewed. C. The Evaluator shall determine if foam plastic material has been installed on basement • or crawl space walls. All exposed foam plastic must be covered with a minimum 11/2 inch thick mineral fiber insulation; 1/4 inch thick plywood, hardboard or gypsum wall board; or foil facing. If foam plastic has not been protected by covering with an approved material mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. D. The Evaluator shall check basement walls for evidence of past or present dampness. If such evidence if found, describe in the remarks column. • INTERIOR - BASEMENT 4. Columns and Beams A. The Evaluator shall determine if the columns and beams have been kept in a state of maintenance and repair that is consistent with standard practices. If they have not been maintained in such a state, mark as "Comment ". B. The Evaluator shall determine if wood columns remain in sound structural condition by utilizing the awl or ice pick to tell if a rotting condition exists. If the Evaluator estimates that there is the potential for structural failure of the columns, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. • C. The use of telescoping posts or other temporary type of supporting columns may indicate a structural problem. Any adjustable posts required to be permanent must have pins removed, threads peened, and/or be spot welded. Posts which are not constructed as indicated should be marked "Below Minimum Requirements ". Posts that apparently cannot carry all superimposed loads mark as hazardous. D. The Evaluator shall also list in the remarks column any signs that the columns have settled or have been relocated. E. Where crawl space exists, the Evaluator shall enter the space or use any holes or openings into the crawl space to inspect the visible columns for deterioration or the use of temporary supports. If the soil is in contact with wood members, this should be noted in the remarks column. The Evaluator shall indicate how the crawl space was reviewed. F. The Evaluator shall visually check the beams for excessive sagging between supports or crushing on supports and also any notching or other alterations that could affect the structural integrity of such a beam. If the Evaluator estimates that there is the potential for structural failure of the beams, mark as "Hazardous ". • 4 • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. G. Check all beams for decay or insect damage. Special attention should be given to the ends of the beams where they enter masonry walls. The Evaluator shall utilize a sharp instrument to determine if any deterioration exists, and list the findings in the remark column. If the Evaluator estimates that there is the potential for structural failure of the beams, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. • 5 INTERIOR - BASEMENT • 5. First floor structural systems A. The Evaluator shall visually check that the floor system is structurally sound and capable of supporting the loads normally imposed on it. This check shall be completed by both a visual observation from below the floor and also by walking on the floor in each interior room. The Evaluator shall indicate how the floor system was reviewed. If the Evaluator estimates that there is the potential for structural failure of the floor system, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration or demolition. City P p approval is necessary to remove the requirement for a permit. B. The Evaluator shall note out -of -level floor conditions. Any out -of -level floor condition shall be marked as "Comment ". C. The Evaluator is not required to evaluate the condition of floor coverings such as linoleum, tile or carpeting. D. The Evaluator shall check joists and other wood framing members where they enter masonry walls for rot or insect damage. The Evaluator shall utilize the awl or ice pick to determine if rot is present. If rot has not adversely affected the structural integrity of the joists, mark as `Below Minimum Requirements ". If the Evaluator estimates that there is the potential for structural failure of the joists or other wood framing members, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. E. The Evaluator shall also check the joist system for excessive notching, boring or over - spanning and any other evidence of structural failure. If the Evaluator estimates that there is the potential for structural failure of the . joists system, mark as "Hazardous ". 6 • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. F. The Evaluator shall also check the sub -floor for rot or seepage stains which may indicate leaks in *the plumbing system. List any such rot found as "Below Minimum Requirements ". G. Where crawl spaces exist, the Evaluator shall enter the space or use any holes or openings into the crawl space to inspect the visible beams and joists for any deterioration. If the soil is in contact with wood members, note in the remarks column. If unable to evaluate crawl space, note in remarks column. i INTERIOR - BASEMENT 6. Floor drain • and its clean out A. If no floor drain has been provided, the Evaluator shall mark "Comment" and indicate in the remarks column. B. If a floor drain has been installed, the Evaluator shall determine if the floor drain has a water seal trap and if equipped with a clean out. If the clean out plug is not secure, or if no water seal, rate as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. C. The Evaluator shall check for a cover plate on the floor drain. If the cover plate is missing, mark as "Below Minimum Requirements." • 8 7. Water supply piping • A. Determine if all water piping has been properly installed and supported utilizing approved materials. Rubber water piping is unapproved for use as interior water supply piping. Plastic water piping must meet all requirements for installation. Unapproved materials shall be marked as "Below Minimum Requirements." If unable to determine the type of material, mark this as a "Comment" and note in the remarks column. B. The Evaluator shall view the flow of water at all fixtures. All fixtures must have minimum flow (pencil thickness). When flowing water, no other fixture or source of water flow may be turned on. The rate of water flow for at least one of the tested fixtures above basement level must be not less than one -half gallon per minute (.5gpm). Testing may be done with any size container; e.g., a gallon container must be filled within two minutes; a one -half gallon container must be filled within one minute; a one -quart container must be filled within 30 seconds, etc. If the test for the minimum .5 gpm water flow is not passed, or any fixture fails to meet minimum flow, mark as `Below Minimum Standard ". C. The Evaluator shall note the presence of any saddle type connections or repair clamps on the water lines and rate as "Below Minimum Requirements ". D. The Evaluator shall determine if well water supply piping has been interconnected with city water supply piping. If the well water supply and the city water supply are interconnected, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. E. Note is any water piping which enters into unheated parts of the house would be subject to freezing during cold weather. The Evaluator should identify the location of the unheated piping in the remarks column and rate as "Below Minimum Requirements ". 9 INTERIOR - BASEMENT • 8. Plumbing fixtures A. Plumbing fixtures required to be evaluated by this item are those plumbing fixtures located in the basement. The Evaluator shall determine if these plumbing fixtures are properly installed with a water supply and properly vented. If the plumbing fixtures are not properly installed, mark as "Below Minimum Requirements ". B. The Evaluator shall note any plumbing fixtures that are broken or cracked and leaking or in such a condition so as to give rise to unsanitary conditions. These plumbing fixtures shall be marked as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. C. The Evaluator shall note if the laundry tub water supply is provided with an air gap or approved vacumn breaker between the filler spout and the top of the laundry tub. The Evaluator shall note if the filler spout has a threaded end and/or has a hose connected to the spout that could extend into the laundry tub. If any of these conditions exist, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. 10 INTERIOR - BASEMENT 9. Drain, waste, and vent piping A. The Evaluator shall check the visible waste lines for signs of leakage or seepage. If found, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. B. The Evaluator shall check for improper repairs that are made with tape, tar, rag, putty or other similar makeshift methods. If such repairs are found, mark as "Below Minimum Requirements ". C. The Evaluator shall list the use of saddle type connections and indicate their presence as being "Below Minimum Requirements ". D. The Evaluator shall check to see that all abandoned waste or vent openings have been properly plugged or capped. If these openings are not plugged or capped, mark as "Hazardous ". el • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. E. The Evaluator shall determine if a clean out for the building sewer is provided either at the wall where the waste system leaves the building or at the base of the main stack. If no clean out is provided, indicate the condition as being "Below Minimum Requirements ". F. The Evaluator shall determine if visible waste lines from plumbing fixtures are properly vented. If proper venting is not provided, mark as "Below Minimum Requirements ". G. Determine if all visible waste and vent pipes and fittings are of approved materials. If approved materials are not used, mark as "Below Minimum Requirements ". H. If plastic waste pipes are in use, the Evaluator shall comment if white and black plastic waste /vent pipes are not properly connected. Improperly connected plastic pipes shall be marked as "Below Minimum Requirements ". II • INTERIOR - BASEMENT 1. The Evaluator shall note any steel drainage pipes going directly into the concrete floor as being "Below Minimum Requirements ". J. The Evaluator shall determine if sumps are being discharged to the exterior on to grade. Sumps that are being discharged into the sanitary sewer system shall be marked as "Below Minimum Requirements ". • 12 INTERIOR - BASEMENT 10. Heating system installation and operation A. The Evaluator shall remove the service panel and visually check the heating system. The Evaluator shall determine if the following conditions exist: 1. Excessive scale on burners and/or bottom of burner compartment. 2. Excessive flame distortion with the blower motor running. I Excessive discoloration of the upper cover panel. 4. Excessive rust and/or discoloration of the draft hood. If these items exist, certification of the heating system by a licensed contractor is required. Refer to item 52. Mark this item as "Hazardous" pending certification. • A Heating Permit is required to correct the hazardous condition. B. The Evaluator shall check clearances to combustibles. The clearances to combustibles are often noted on the name plate and usually are 6 inches for space heaters. Some furnaces can be installed with zero inch clearance at sides and back. If required clearances are not met, mark as "Hazardous ". Unlisted appliances shall be marked as `Below Minimum Requirements ". • A Heating Permit is required to correct the hazardous condition. C. Free standing space heaters are those appliances that take their combustion air from the room in which they are located. The Evaluator shall check for any free standing space heaters located in bedrooms or bathrooms and list them as Hazardous. D. The Evaluator shall check for missing sheet metal, air tight connections, and the general condition of the duct work. Openings in the return air drop are prohibited. If any of these items exist, mark as "Below Minimum Requirements ". E. The Evaluator shall remove the service panel and check to see that gas fired heating plants have the following safety controls: 1. Thermostat 2. Gas Shut -off 3. Combination Gas Valve If any of the safety controls is missing, mark as "Hazardous ". • A Heating Permit is required to correct the hazardous condition. 13 INTERIOR - BASEMENT F. The Evaluator shall remove the service panel and check to see that fuel oil heating plants have the following safety controls: 1. Thermostat 2. Barometric draft regulator If any of the safety controls is missing, mark as "Hazardous ". • A Heating Permit is required to correct the hazardous condition. G. The Evaluator shall list in the remarks column if no expansion tank is visible for hot water systems. The Evaluator shall check the expansion tank to determine if a shut- off valve has been installed in the pipe between the boiler and the expansion tank. This valve must be kept open while the boiler is in operation. If there is not shut off value where required, mark as "Below Minimum Requirements ". If the expansion tank is open to the atmosphere, no shut off valve is required. H. The Evaluator shall check for protection of the city water system where connected to a boiler. The minimum backflow prevention required for protection of the • domestic water is a Double Check with an Intermittent Vent Assembly (DCIVA). If there are any chemicals used in the boiler system, i.e. antifreeze, lubricants, etc., _ the domestic water system should be protected with a Reduced Pressure Zone (RPZ). Any system having no backflow prevention device shall be marked as "Hazardous ". • A Heating Permit is required to correct the hazardous condition. I. The Evaluator shall review the location of the heating plant. If the furnace room is accessible only by going through a bathroom, bedroom, or closet, mark as "Below Minimum Requirements ". J. The Evaluator is required to observe the heating system in operation during the period of October 1 through April 30. If the gas and/or pilot is turned off, the owner or his agent must turn them on. The thermostat must also be turned on in order to facilitate the evaluation of the heating system. If the heating system cannot be or is not placed in operation, the Evaluator shall mark "Comment" and explain. K. If more than one heating system is installed, the Evaluator shall list the types of systems and fuels used in the remarks column. • 14 • L. If the Evaluator finds the heating plant to be in a tight, confined space it shall be determined if proper combustion air and ventilation openings are provided to the heating plant. 1. Combustion air intakes shall not be any less in area than the area of the common flue or flues of the appliance within the enclosure. If the proper amount of combustion air is not provided, mark this item as "Below Minimum Requirements ". 2. Ventilation air must be provided through at least 2 openings (one high and one low) communicating to the interior of the building. Net free area of the openings shall be at least 1 square inch for each 2,000 BTU input. Inadequate ventilation shall be marked as "Below Minimum Requirements ". • 15 INTERIOR - BASEMENT • 11. Water heater installation and operation A. The Evaluator shall check the appearance of the visible condition of the water heater and not if there is evidence of leakage, broken control valves or excessively rusted areas. If any of these conditions exist, mark as "Below Minimum Requirements ". B. The Evaluator shall confirm that the water heater is located over a non - combustible floor and is firmly set on the slab or floor. Certain manufactures specifications and requirements allow for installation on combustible surfaces. Noncomplying water heaters shall be marked as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. C. If the Evaluator finds the water heater to be in a tight, confined space it shall be determined if propr combustion air and ventilation openings are provided to the water heater. 1. Combustion air intakes shall not be any less in area than the area of the common flue or flues of the appliance within the enclosure. If the proper amount of combustion air is not provided, mark this item as "Below Minimum Requirements ". _. Ventilation air must be provided through at least 2 openings (one high and one low) communicating to the interior of the building. Net free area of the openings shall be at least 1 square inch for each 2,000 BTU input. Inadequate ventilation shall be marked as "Below Minimum Requirements ". D. The Evaluator shall determine if the water heater is provided with a temperature and pressure relief valve. If there is no temperature and P ressure relief valve, mark as "Hazardous ", • A Plumbing Permit is required to correct the hazardous condition. 16 • INTERIOR - BASEMENT E. The Evaluator shall determine if the temperature and pressure relief valve has been properly installed and maintained by reviewing the following. 1. The temperature and pressure relief valve must be properly attached to the hot water pipe outlet near the water heater, directly into the top of the water heater, or into the side of the water heater within 5 inches of the top. If the relief valve is improperly located or installed, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition 2. The relief valve drain piping shall be the same size as the relief valve outlet for the full length of the drain piping. If the drain piping size is reduced after the relief valve, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. 3. The relief valve drain piping shall extend to within 18 inches of the floor. The drain piping shall be unthreaded at the open (discharge) end. Improper drain pipe installation shall be marked as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. 4. Plugs or caps which make either the relief valve or the relief valve drain piping inoperable are not allowed. Improperly installed plugs or caps shall be marked "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. 5. The Evaluator is not expected to test the relief valve, but if a visual inspection indicates that the relief valve could be inoperative, mark as `Below Minimum Requirements ". • 17 INTERIOR - BASEMENT 12. Venting system of the heating plant, water heater and gas clothes dryer A. With the heating plant and water heater in operation, the Evaluator shall check the draft diverter on both appliances for back spillage. This can be tested with a match or with smoke. If back spillage is detected on either appliance, this shall be marked as "Hazardous ". • A Heating Permit is required to correct the hazardous condition. B. The Evaluator shall check the vent system for rust holes, backpitch, open joints, and that the vent is tightly sealed to the chimney. If any of the above items are identified, mark as "Hazardous ". • A Heating Permit is required to correct the hazardous condition. ! C. The Evaluator shall check that all visible vents and connector pipes have required clearances from combustibles. If clearances do not meet minimum requirements, mark as "Hazardous ". D. If Transite (asbestos) type vent piping is visible and appears to be in good condition, mark as "Comment ". If transite vent piping is visible and has deteriorated, mark as "Hazardous ". E. The Evaluator shall determine if the vent piping for a gas clothes dryer is missing, burned out, plugged, not routed to the exterior of the dwelling or is provided with a damper. If any of these are present, mark as "Hazardous ". 18 • INTERIOR - BASEMENT 13. Gas lines and valves I A. The Evaluator shall determine if the gas piping has been properly installed using approved materials. If unapproved materials are used, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. B. The Evaluator shall determine if gas piping is properly supported. If not, mark as "Below Minimum Requirements ". C. The Evaluator shall determine if all gas appliances are provided with lever handle shut -off valves in the same room as the appliance located within 3 feet. If it is further than 3 feet, mark as `Below Minimum Requirements ". If no lever handle shut -off valve, mark as "Hazardous ". D. The Evaluator shall determine if unapproved single wall flexible gas appliance connectors have been utilized. Connector must be flare fitted, single wall stainless steel, double walled or brazed with a material having a melting point in excess of 1,000 degrees fahrenheit. Flexible gas connectors are not permitted on water heaters. If flexible connectors are used in stoves or dryers they must be stainless steel. If unapproved connectors are found, indicate the installation to be "Hazardous ". E. The Evaluator shall check to see that the required drip leg or drip tee is provide on gas piping when dropping down to all thermostatically controlled appliances. If none is provided, mark as "Below Minimum Requirements ". F. The Evaluator shall note the presence of any exterior gas light piping that remains in place. If it is still connected to a gas supply, list this in the remarks column. G. The Evaluator shall determine if any disconnected or abandoned gas piping has been properly plugged or capped. a " If not properly plugged and capped, mark as "Hazardous". 19 • INTERIOR - BASEMENT 14. Electrical service installation A. The Evaluator shall address this item by determining whether the service installation is proper. Note conditions such as rust, damage, clearances, obstructions, missing parts, more than one adder box, etc. If such conditions exist, mark "Below Minimum Requirements ". If direct contact is possible mark "Hazardous. B. The Evaluator shall determine if the electric service is properly grounded to the metal • water system. If the electric service is not properly grounded, mark as "Hazardous ". C. The service ground shall be connected directly to the street side of the water meter or by a roundin gJ jumper installed around the water meter. g P If this condition does not exist, mark as "Hazardous ". D. The Evaluator shall determine if an electrical panel board has been installed in a clothes closet or in a similar combustible area. If such condition exists, mark as "Below Minimum Requirements ". • 20 • I INTERIOR - BASEMENT 15. Electric service size at panel A. The Evaluator shall determine the ampere rating of the service and indicate same. B. If a 60 ampere service supplies more than one major electrical appliance, e.g. electric water heater, electric range, central air conditioning, and electric dryer, mark as "Below Minimum Requirements". C. The Evaluator shall also note evidence of over fusing or tampering. Evidence of over fusing or tampering shall be marked as "Below Minimum • Standards ". 16. Service panel indexing of circuits A. The Evaluator shall determine if all circuits in the service panel are indexed. If the service is not indexed, mark as `Below Minimum Requirements ". • Revised 9/13/96 21 INTERIOR - BASEMENT • 17. Electrical outlets /fixtures /wiring A. The Evaluator shall determine if the required number of electric outlets and fixtures are provided in the basement. Unfinished basements shall have a separate 20 amp laundry circuit, a separate circuit for the heating plant, and a light switch near each stair. If these items do not exist, mark as "Below Minimum Requirements ". B. The Evaluator shall determine if all wiring present in this area, whether or not required, has been properly installed and maintained in a manner which complies with the current wiring methods of the National Electrical Code. If not properly installed, mark as `Below Minimum Requirements ". C. Determine that an grounding a outlets in use are properly grounded. y g g typ p p y g ou ded: If no t properly grounded, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. D. The Evaluator shall, utilizing an electrical outlet testing device, check all GFCI outlets. If any GFCI outlet is improperly installed, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected There is no charge for this service. E. The Evaluator shall determine if there are any ungrounded metallic light fixtures located in the cellar/basement within 8 feet vertically or 5 feet horizontally of ground or grounded metal objects and subject to contact by persons. If such ungrounded metallic light fixtures are found, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. F. If extension cords are being used in lieu of permanent wiring in the basement, mark as "Hazardous ". • A reinspection by the City is required when a hazard has been corrected. There is no charge for this service. Revised 9/13/96 INTERIOR - BASEMENT • 18. Sleeping room(s) - egress, ventilation A. This item applies only to sleeping rooms located in basements. The Evaluator shall determine if such sleeping rooms have a minimum ceiling height of 7'6 ". If the ceiling height is less than the minimum, mark as "Below Minimum Requirements ". B. The Evaluator shall determine if the sleeping room is provided with an approved emergency egress door or window. An egress door must open directly to the exterior. An egress window shall have a maximum sill height of 44 inches above the floor, a minimum net clear opening height dimension of 24 inches, a minimum net clear opening width dimension of 20 inches, and shall have a minimum net clear opening area of 5.7 square feet. If any of these requirements are deficient, this room cannot be designated as a bedroom. i • 23 INTERIOR -ROOMS 19. Plumbing ixtures g A. The Evaluator shall determine that all fixtures required to be connected to hot and cold water supply flow both hot and cold water. If both hot and cold water do not flow, mark as "Below Minimum Requirements ". B. The Evaluator shall determine if the dwelling is provided with at least one toilet, one sink, and one tub or shower. If the minimum number of fixtures is not provided, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. C. The Evaluator shall determine if the bathtub or shower and the hand sink are properly connected to a source of hot and cold water and properly connected with a sewage system. If not properly connected, mark as "Below Minimum Requirements ". In addition to the visual inspection of the vent pipe, the following evaluation should be made: 1. Put the plug or strainers in the drain. 2. Fill the fixture with 4 -6 inches of water. 3. Remove the drain plug. 4. If a gurgling is heard after the water has drained out, this could indicate no vent or defective vent and the Evaluator shall mark with "Comment" and remark. D. The Evaluator shall determine if the toilets are connected to a water supply, provided with an anti - siphon ballcock, and connected to a sewage system. If any of these items are missing, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. E. Each toilet stool shall be located in a clear space of not less than 30 inches in width and a clear space in front of the toilet stool of not less than 24 inches. If these clear space requirements are not provided, mark as `Below Minimum Requirements ". • 24 I - • INTERIOR - ROOMS F. The Evaluator shall determine if any faucet supply openings are located below the spill line of the plumbing fixture they serve. If the openings are located below the spill line, mark as "Hazardous ". • 4 reinspection by the City is required when this hazard has been corrected There is no charge for this service. G. The Evaluator shall determine if access to the tub plumbing connections is provided. If no access is provided, mark as 'Below Minimum Requirements ". H. The Evaluator shall determine if the kitchen is provided with a kitchen sink in good working condition and properly connected to a hot and cold water supply and properly connected to a sewage system. If not, mark as "Below Minimum Requirements" or "Hazardous''. I. Check the water piping supplying any fixture for crimping, improper material, saddle connections or repair clamps. If any of these are evident, mark as "Below Minimum Requirements ". (Appliances such as humidifier or ice cube makers may use saddle • connections. If any of these are leaking, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected There is no charge fo this service. J. If any plumbing fixtures are cracked, broken or badly worn mark as "Below Minimum Requirements ". If any plumbing fixtures leak, mark as "Hazardous ". • <4 reinspection by the City is required when this hazard has been corrected. There is no charge for this service. • 25 r . 20. Gas lines and valves A. The Evaluator shall determine if the gas piping has been properly installed using approved materials and support methods. If not, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. B. The Evaluator shall determine if all gas appliances are provided with lever handle shut-off valves in the same room as the appliance located within 3 feet. If it is further than 3 feet, mark as "Below Minimum Requirements ". If no lever handle shut -off valve, mark as "Hazardous ". C The Evaluator shall determine if unapproved single wall flexible gas appliance connectors have been utilized. Connector must be flare fitted, single wall stainless steel, double walled or brazed with a material having a melting point in excess of 1,000 degrees falirenheit. • Flexible gas connectors are not permitted on water heaters. If flexible connectors are used in stoves or dryers they must be stainless steel. If unapproved connectors are found, indicate the installation to be "Hazardous" D. The Evaluator shall check to see that the required drip leg or drip tee is provided on Qas piping when dropping down to all thermostatically controlled appliances. If none is provided, mark as `Below Minimum Requirements ". E. The Evaluator shall determine if any disconnected or abandoned gas piping has been properly plugged or capped. If gas piping has not been properly plugged or capped, mark as "Hazardous ". • 26 • INTERIOR - ROOMS 21. Electrical outlets /fixtures /wiring A. The Evaluator shall determine if all habitable rooms are provided with a minimum of two separate outlets or one outlet and one fixture. If not provided, mark as "Below Minimum Requirements ". B. The Evaluator shall, utilizing an electrical outlet testing device, randomly check at least one -half of the required outlets and every GFCI outlet. 1. If the outlets are not functioning, mark as "Below Minimum Requirements ". 2. If any electrical outlets or fixtures are by visual inspection or by testing with an electrical tester proven to be improperly installed, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. C. The Evaluator shall determine if the kitchen is provided with three separate duplex convenience outlets on a 20 amp circuit. If not, mark as "Below Minimum Requirements ". . D. The Evaluator shall note extension cords in use in lieu of permanent wiring or extension cords located in inappropriate areas (under floor covering, through walls, etc.). If this condition exists, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. E. The Evaluator shall determine if the bath, toilet room, and shower compartment is provided with the proper light fixture, gasketed lens, etc., as required. If the light fixture is improper, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. F. The Evaluator shall determine if there are any ungrounded metallic light fixtures located within 8 feet vertically or 5 feet horizontally of ground or grounded metal objects and subject to contact by persons: If such ungrounded metallic light fixtures are found, mark as "Hazardous'. • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. G. The Evaluator shall report the absence of electrical convenience outlets in the bath • or toilet room. If no convenience outlets or if no GFCI protected outlets, mark as "Below Minimum Requirements ". 22 7 Revised 9/13/96 • INTERIOR - ROOMS H. The Evaluator shall determine if electric outlets, switches, and fixtures are properly maintained. Look for broken receptacles, switches, missing plates, and broken parts. If any of these items are found, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. I. All incandescent light fixtures in clothes closets shall have a protective globe. If no protective globe, mark as "Below Minimum Requirements ". J. All toilet compartments, bathrooms, laundry room, and furnace rooms shall contain at least one electric light fixture. If any of these rooms do not contain a light fixture, mark as "Below Minimum Requirements ". K. Fixed appliance shall be installed according to NEC standards. If they are not, mark as "Below Minimum Requirements ". If unable to inspect the connection, mark as "Comment ". 28 INTERIOR - ROOMS • 22. Auxiliary heaters - installation and wiring Note: This section refers to listed heating units that have a constant flow of fuel such as gas, oil or electricity. Examples: gas and oil space heaters, wall heaters, electrical baseboards etc. It does not refer to fireplaces and free standing fireplaces. Unlisted heating units shall be marked as "Below Minimum Requirements'. A. The Evaluator is required to see the auxiliary heating unit in operation during the period of October 1 through April 30. If the gas and/or pilot is turned off, the owner or his agent must turn them on. The thermostat must also be turned on in order to facilitate the evaluation of the heater. If the auxiliary heater does not operate properly, mark as "Below Minimum Requirements" or Hazardous. B. The Evaluator shall check for proper shut -off and safety controls. If any of these items are missing, mark as "Hazardous ". • A Heating Permit is required to correct the hazardous condition. C. The Evaluator shall check that the vent connector has an acceptable separation from • combustibles. The Evaluator shall check clearances to combustibles. The clearances to combustibles should be noted on the name plate and usually are 6 inches for space heaters. Some heaters can be installed with zero clearance at sides and back. The Evaluator shall check that the vent connector has an acceptable separation from combustibles. The Evaluator shall check clearances to combustibles. The clearances to combustibles should be noted on the name plate and usually are 6 inches for space heaters. Some heaters can be installed with zero clearance at sides and back. The Evaluator shall also check any visible vent system for rust holes, back pitch, open joints, and that the vent is tightly sealed to the chimney. If any of the above items are identified, mark as "Hazardous ". • A Heating Permit is required to correct the hazardous condition. D. The Evaluator shall check that all habitable rooms are provided with a heat register, a radiator or other direct heat source. If any room lacks an observable heat source, this condition should be marked as "Below Minimum Requirements ". • 29 INTERIOR - ROOMS is 23. Wood burning appliances Note: This refers to listed heating units utilizing wood as the primary source of fuel. Unlisted wood burning appliances shall be marked as Hazardous. A. Owner shall provide installation manual to the Evaluator. If an installation manual is not available, mark as "Comment ". If appliance has been incorrectly installed, mark as "Below Minimum Requirements" or Hazardous. 24. Fireplaces A. The Evaluator shall inspect fireplaces for the following elements: 1. The firebox may not contain missing or loose firebrick or mortar. 2. The hearth extension shall be noncombustible and extend a minimum of 16 inches from the fireplace opening. • 3. Combustible materials are not permitted within 6 inches of the fireplace opening. Combustible mantels are not permitted within 12 inches of the fireplace opening. 4. An operable damper. If these elements are either missing or deficient, mark as `Below Minimum Requirements" or Hazardous. B. The Evaluator shall mark as "Comment" any signs of smoke backdrafting around fireplace openings, screens, and through finish joints. 30 INTERIOR - ROOMS • 25. Floors and rooms - construction and dimensions A. Except for sloped ceilings, all habitable space shall have a ceiling height of not less than 7 feet 6 inches. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than 7 feet measured to the lowest projection from the ceiling. If any room has a furred ceiling, the prescribed ceiling height is required in two - thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet. If ceiling heights do not meet these minimum requirements, mark as "Below Minimum Requirements ". B. Every dwelling unit shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. If the room areas do not meet minimum requirements, mark as "Below Minimum Requirements ". C. No habitable room other than a kitchen shall be less than 7 feet in width in any direction. Rooms having a width of less than 7 feet shall be marked as "Below Minimum Requirements ". D. The Evaluator shall verify that guardrails have been securely installed around • unenclosed floor openings, open stairways, landings, and ramps which are more than 30 inches above a floor below. The minimum height of the guardrail is 36 inches and the openings in a guardrail shall be such that a 4 inch sphere cannot pass through. Exception: The minimum height of a guardrail in the public areas of a multifamily residence is 42 inches. If these guardrail requirements are not met, mark as `Below Minimum Requirements ". E. Refer to item 5 for floor system checks. • 31 INTERIOR - ROOMS • 26. Light and ventilation windows A. The Evaluator shall determine if all rooms are provided with the required window area for natural light and also the required openable area for ventilation. The window area must be a minimum of 10% of the floor area of the room. The openable area must be a minimum of 5% of the floor area of the room. If less than these requirements, mark as "Below Minimum Requirements ". B. If a room is windowless, the Evaluator shall determine if a proper opening exists between a windowless room and an adjoining room. Any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than 10% of the floor area of the interior room or 25 square feet, whichever is greater. If sufficient opening does not exist to the adjoining room mark as "Below Minimum Requirements ". C. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. If openable windows do not meet requirements, mark as "Below Minimum Requirements ". D. The Evaluator shall determine if the required ventilation is provided in all bathrooms. • Required ventilation may be either natural ventilation where the area of openable exterior openings must be at least 5% of the floor area of the room with a minimum of 1 '/2 square feet or mechanical ventilation. Mechanical ventilation systems must be continuous to the outside. If the minimum ventilation system has not been provided, mark as `Below Minimum Requirements ". 32 INTERIOR - ROOMS 27. Sleeping rooms A. The Evaluator shall determine if the sleeping room is provided with an approved emergency egress door or window. An egress door must open directly to the exterior. An egress window shall have a maximum sill height of 44 inches above the floor, a minimum net clear opening height dimension of 24 inches, a minimum net clear opening width dimension of 20 inches, and a minimum net clear opening area of 5.7 square feet. If any of these requirements are deficient, mark as "Below Minimum Requirements ". B. The Evaluator shall determine the number of legal bedrooms. Room arrangements shall not be such that access to a sleeping room can only be attained by going through another sleeping room, bathroom, or toilet compartment. If such conditions exist, room shall not be considered a legal bedroom. i INTERIOR - ROOMS • 28. Smoke detectors (presence, location, operation) A. The Evaluator shall determine if the dwelling is equipped with "UL" or "FM" listed batteries or hard wired smoke detectors. If there is no smoke detector in the dwelling mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. B. Smoke detectors shall be required on every story of the dwelling unit, including basements and every sleeping room. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector 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. If the smoke detectors are not properly located, mark as "Hazardous "' • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. • C. Ceilings mounted smoke detectors shall be located as close to the center of the ceiling as possible, but not within six (6) inches of a wall. Wall mounted smoke detectors shall be located near the top of the wall, but not within six (6) inches of the ceiling. If smoke detectors are not properly located, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. D. All smoke detectors must be operable. The Evaluator shall test each smoke detector in the dwelling by depressing the "Test" Button. If any smoke detector is not operable, mark as "Hazardous ". • a reinspection by the City is required when this hazard has been corrected. There is no charge for this service. • 34 INTERIOR - ROOMS 29. Walls and ceiling components A. The Evaluator shall make a visual inspection of the walls and ceilings of all areas, including rooms, foyers, hallways, stairways, closets, etc. If the Evaluator estimates that there is the potential for structure failure of a wall or ceiling, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • 1Vo Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. Areas of loose plaster; cracked gypsum board, loose, or cracked tile; unsanitary conditions; or other deficiencies of the walls or ceilings shall be marked as Below Minimum Requirements. B. The Evaluator is not responsible for determining the condition of wallpaper, paint and other such obvious cosmetic items. C. The Evaluator shall check for evidence of water seepage or dampness. If there is evidence of moisture, elaborate in the remarks column. 35 INTERIOR - ROOMS • 30. Stairs and railings (upper floors) A. The Evaluator shall determine if the stairway(s) leading to upper floors and the attic are safe to use and capable of supporting the load that normal use would cause to be placed upon them. If stairways are not capable of supporting normal use loads, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • 1Vo Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. B. The Evaluator shall determine if the stairway meets the maximum rise of 8 inches, the minimum run of 9 inches, and the minimum width of 36 inches. The largest tread run and the greatest riser height within any flight of stairs shall not exceed the smallest be more than 3/8" inch. If any of these minimum stairway dimensions are not met, mark as "Below Minimum Requirements ". • C. The Evaluator shall note headroom which is less than 68 ". Headroom that is less than 68" shall be marked as `BelowMinimum Requirement ". D. Every stairway having four or more risers have at least one handrail. The Evaluator shall determine if the handrails are properly installed and securely attached. Handrails shall be grippable and located 34 -38 inches above the tread nosing and separated by 1 -1/2 inches from any walls or guardrails. If handrails do not meet these requirements, mark as `Below Minimum Requirements ". E. A guardrail shall be located on the open sides of a stairway and be securely attached. The openings in a guardrail shall be such that a 4 inch sphere cannot pass through. The minimum height of the guardrail is 36 inches unless the handrail is considered a part of the guardrail. In that case. the minimum height of the guardrail/handrail is 34 inches. If these guardrail requirements are not met, mark as "Below Minimum Requirements ". • 3 6 INTERIOR - ATTIC SPACE NOTE: Attic spaces must be entered by the evaluator if the space is easily accessible and there is a walking surface in the attic from which the Evaluator can review the space. If the attic space is not totally accessible, the Evaluator shall use a ladder to gain visual access to the space. Items that are required to be evaluated in this section that are either not visible or not determinable shall be so indicated in the remarks column. The Evaluator shall also indicate in the remarks column how the attic space was reviewed. If the attic space was not evaluated, the Evaluator shall indicate in the remarks column the reason for not reviewing the space. 31. Rafters, sheathing, ventilation A. The Evaluator shall make a visual inspection of the underside of the rafters and sheathing using the scuttle hole or other access when provided. The Evaluator shall determine if the rafters and sheathing are in sound structural condition. If the Evaluator estimates that there is the potential for structural failure of the rafters and/or sheathing, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. B. The Evaluator shall determine if plumbing vents are visible and continuous to the outside. If plumbing vents are not continuous to the outside, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. C. The Evaluator shall determine if mechanical ventilation provided for bath, toilet or kitchen rooms is continuous to the outside. If those vents are not continuous to the outside, mark as "Below Minimum Requirements ". • 37 Y INTERIOR - ATTIC SPACE D. The Evaluator shall visually inspect the condition of the chimney in the attic areas for deterioration, holes or other visible defects. If the chimney appears to be structurally adequate, but contains other visible defects, mark as "Below Minimum Requirements ". See #40 If the chimney appears to be structurally unsafe, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit hill be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. E. The Evaluator shall determine if the attic space is ventilated to the outside. If the attic space is not ventilated, mark as "Below Minimum Requirements ". 38 INTERIOR - ATTIC SPACE • 32. Evidence of staining r seepage a e Pg A. The Evaluator shall determine whether there is evidence of past or present water sepage or leakage. If so, note in the remarks column. 33. Electrical outlets /fixtures /wiring A. The Evaluator shall determine if visible wiring meets minimum requirements. If equipment or storage in attic, a minimum of one light fixture is required. If no light fixture exists, mark as "Below Minimum Requirements ". • • 39 EXTERIOR 34. Electric outlets /fixtures /overhead service A. The Evaluator shall determine if exterior electric outlets exposed to the weather are provided with a weather tight cover and are properly grounded. If not, indicate this as being "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. B. The Evaluator shall, utilizing an electrical outlet testing device, check all GFCI outlets. If any GFCI outlet is improperly installed, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. C. Evaluator shall check that the electrical service drop wires are located at a minimum of 10 feet above grade or walking surface and 12 feet above driveways. If drop wires are not properly located, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected There is no charge for this service. D. The Evaluator shall determine if the wires leading to a non - dwelling structure are at least 10 feet above grade or walking surface and 12 feet above a residential driveway. If these wires are not properly located, mark as "Hazardous ". • A reinspection by the City is requied when a hazard has been corrected. There is no charge for this service. E. The Evaluator shall determine if exterior electric outlets, switches, and fixtures are properly installed and maintained. Look for broken receptacles, switches, missing plates , and broken parts. If any of these items are found, mark as "Hazardous ". • A reinspection by the City is when this hazard has been corrected. There is no charge for this service. • 40 R e v i s e d • 9 /13 /96EXTERIOR 35. Stairs, decks, balconies, porches, and their railings A. The Evaluator shall determine if exterior stairways, porches and other appurtenances have been constructed so as to be safe for normal use and loading and kept in a state of maintenance and repair that is consistent with standard practices. If any of these are incapable of carrying normal loads, mark "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirements for a permit. B. The Evaluator shall determine if the stairway meets the maximum rise of 8 inches, the minimum run of 9 inches, and the minimum width of 30 inches. The largest tread run and the greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch. If any of these minimum stairway dimensions are not met, mark as "Below Minimum Requirements ". C. Every stairway having four or more risers shall have at least one handrail. The Evaluator shall determine if the handrails are properly installed and securely attached. Handrails shall be grippable and located 34 -38 inches above the tread nosing and separated by 1-1/2 inches from any walls or guardrails. If handrails do not meet these requirements, mark as "Below Minimum Requirements ". D. The Evaluator shall determine if open porches, decks, etc., that are more than 30 inches above the adjoining surface have a guardrail that is structurally sound, properly secured, at least 36 inches in height, and spaced so that a 4 inch sphere cannot pass through. If guardrails do not meet these requirements, mark as "Below Minimum Requirements ". 41 EXTERIOR • 36. Walls - siding, trim, etc. A. The Evaluator shall determine if protective surfaces, such as wall covering, flashing, caulking, etc., of the dwelling are maintained in good repair so as to protect the structural elements beneath. If not, mark as "Below Minimum Requirements ". B. Any painted surface with more than 25% of the area cracked, flaked, scaled or chalked away, shall be noted as being "Below Minimum Requirements ". C. The Evaluator shall check the walls for leaning, cracks, buckling or bulging conditions which may indicate structural failure. Non structural conditions shall be marked as "Comment ". If the Evaluator estimates that there is the potential for structural failure of a wall, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. Citv approval is necessary to remove the requirement for a permit. D. Record any trees or shrubs growing next to the dwelling that are causing deterioration. Mark as "Below Minimum Requirements ". • 42 EXTERIOR 37. Windows (Frames /Screens /Glass) A. The Evaluator shall determine if the windows have been kept in a state of repair that is consistent with standard practices including the condition of the paint and glazing. Also not if decay or rotting is evident. If substandard conditions exist, mark as "Below Minimum Requirements ". B. The Evaluator shall note if screens are in place at the time of evaluation. If screens are broken or missing, mark as "Below Minimum Requirements ". C. The Evaluator shall mark as "Comment" and report in the remarks column any broken, cracked, or missing glass. Glass cracks of less than 12 inches in length need not be reported. • 43 EXTERIOR • 38. Doors A. The Evaluator shall determine if the doors have been kept in a state of repair that is consistent with standard practices including the condition of the finish, glazing, and doorjambs. Also list any decay or rotting. If deficiencies are found, mark as "Below Minimum Requirements ". B. The Evaluator shall determine if all entrance doors are in a sound condition with no cracks, holes, loose hinges, or broken or defective hardware. Doors should fit tightly within the door frame. If deficiencies are found, mark as "Below Minimum Requirements ". C. The Evaluator shall determine if basement hatchways are constructed and maintained so as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or dwelling unit. If they are not so constructed, mark as "Below Minimum Requirements ". D. The Evaluator shall determine if any entrance door has a double clyinder deadbolt lock (key required to unlock from other side). If double cylinder deadbolt locks are found, mark as "Hazardous ". 44 EXTERIOR • 39. Roof covering and flashing NOTE: Although the Evaluator is expected to conduct as thorough an investigation of the roof covering and flashing as possible, he /she is not required to use a ladder to observe the roof. The assessment of the condition of the roof may be made from both ground and available window observation. A. The roof shall be weather resistive and have no defects which admit rain. The Evaluator shall determine if there are missing shingles, broken shingles, shingles with granules worn off, or damaged or deteriorated valleys. If any of these conditions exist, mark as "Below Minimum Requirements ". B. The Evaluator shall report in the remarks column if any tree limbs or branches are touching the roof. C. If areas of the roof are not visible from the ground note in comments i.e. snow covered. • 45 EXTERIOR • 40. Chimneys and vents A. The Evaluator shall determine if the chimney or chimneys have been kept in a state of maintenance and repair that is consistent with standard practices. If not, mark as "Below Minimum Requirements ". B. Any chimney that has missing brick, stone, or mortar shall be marked "Below Minimum Requirements ". If the Evaluator estimates that there is the potential for structural failure of the chimney mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. C. The Evaluator shall observe if the chimney extends the appropriate height above the roof or adjacent construction (36 inch minimum height and 24 inches above anything • within 10 feet of the chimney). If the chimney does not obviously meet the requirements, mark as "Below MinimumRequirementss ". D. The Evaluator shall observe whether or not a metal flue liner or other approved flue liner has been provided in the chimney when a gas fired heating plant is used. If flue liner is not visible, note in the remarks column. E. If Transite (asbestos) type vent piping is visible and appears to be in good condition, mark as "Comment ". If transite vent piping is visible and has deteriorated, mark as Hazardous. 46 EXTERIOR 41. Drainage A. The Evaluator shall observe if the grade allows surface water to drain away from the building. The Evaluator shall consider sidewalks, gutters, basement windows, stairways, stoops, and planting areas when making this observation. If the grade does not allow surface face water to drain away from the building, mark as Below Minimum Requirements ". 42. Plumbing - Backflow prevention A. The Evaluator shall determine if all outside hose connections are protected with an approved backflow anti - syphon device. • If there is no such protection, mark as "Hazardous ". • A reinspection by the City is required when this hazard has been corrected. There is no charge for this service. B. The Evaluator shall determine if all outside lawn irrigation systems are equipped with proper backflow prevention. An approved pressure vacuum breaker (PVB) is the most common device and is normally mounted outside at a height that is a minimum of 12 inches above the highest sprinkler head. If approved backflow prevention is not installed at the correct height, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. • 47 GARAGE 43. Roof structure and covering NOTE: Evaluator is not required to use a ladder to observe the exterior condition of the roof covering but, based on observations made from the ground, the Evaluator shall evaluate the condition of the roof covering. A. The Evaluator shall determine the condition of rafters and roof sheathing from inside the garage. If these items are not visible or if the garage is locked and the inspection cannot be made, note in the remarks column. If the Evaluator estimates that there is the potential for structural failure of the rafters and /or sheathing, mark as "Hazardous ". • A Building permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. • B. The roof shall hall be weather resistive and have no defects which admit rain. The Evaluator shall determine if there are missing shingles, broken shingles, shingles with granules worn off, or damaged or deteriorated valleys. If any of these conditions exist, mark as "Below Minimum Requirements ". C. The Evaluators shall report in the remarks column an tree limbs or branches that are P Y touching the roof. • 48 GARAGE 44. Wall structure and covering A. The Evaluator shall check the walls for leaning, cracks, buckling or bulging conditions which may indicate structural failure. Nonstructural conditions shall be marked as "Comment ". If the Evaluator estimates that there is the potential for structural failure of a wall, mark as "Hazardous ". • A Building Permit is required to correct the hazardous condition. • No Building Permit will be required if the hazardous condition has been determined not to need repair, replacement, alteration, or demolition. City approval is necessary to remove the requirement for a permit. B. The Evaluator shall determine if protective surfaces, such as wall covering, flashing, caulking, etc., of the garage are maintained in good repair so as to protect the structural elements beneath. If not, mark as "Below Minimum Requirements ". C. Any painted surface with more than 25% of the area cracked, flaked, scaled or chalked away shall be noted as being `Below Minimum Requirements ". • 45. Overhead garage door A. The Evaluation shall determine if the garage door has been kept in a state of repair that is consistent with standard practices. If not, mark as "Comment ". B. Indicate presence or absence of garage door opener. 49 GARAGE • 46. Electrical outlets /fixtures /wiring A. The Evaluator shall determine if all wiring present in this area, whether or not required, has been properly installed and maintained in a manner which complies with the current wiring methods of the National Electrical Code. If not properly installed, mark as "Below Minimum Requirements ". B. Determine that any grounding type outlets, in use, are properly grounded. If not properly grounded, mark as Hazardous. C. The Evaluator shall, utilizing an electrical outlet testing device, check all GCI outlets. If any GCI outlet is improperly installed, mark as Hazardous. D. The Evaluator shall note extension cords in use in lieu of permanent wiring or extension cords used in inappropriate areas (under floor coverings, through walls etc). If either of these conditions exists, mark as Hazardous. • 50 GARAGE 47. Gas lines and valves A. The Evaluator shall determine if the gas piping has been properly installed using approved materials. If not, mark as "Hazardous ". • A Plumbing Permit is required to correct the hazardous condition. B. The Evaluator shall determine if gas piping is properly supported. If not, mark as "Below Minimum Requirements or Hazardous ". C. The Evaluator shall determine if all gas appliances are provided with lever handle shut -off valves in the same room as the appliance located within 3 feet. If it is further than 3 feet, mark as "Below Minimum Requirements ". If no lever handle shut -off valve, mark as "Hazardous ". D. The Evaluator shall determine if unapproved single wall flexible gas appliance connectors have been utilized. Connector must be flare fitted, single wall stainless steel, double walled or brazed with a material having a melting point in excess of 1,000 degrees fahrenheit. • Flexible gas connectors are not permitted on water heaters. If flexible connectors are used in stoves or dryer they must be stainless steel. If unapproved connectors are found, indicate the installation to be "Hazardous ". E. The Evaluator shall check to see that the required drip leg or drip tee is provided on gas piping when dropping down to all thermostatically controlled appliances. If none is provided, mark as `Below Minimum Requirements ". F. The Evaluator shall note the presence of any gas light piping that remains in place. If it is still connected to a gas supply, list this in the remarks column. G. The Evaluator shall determine if any disconnected or abandoned gas piping has been properly plugged or capped. If the gas piping has not been properly plugged or capped, mark as "Hazardous ". 51 GARAGE 48. Fire separation A. If the garage is attached to the house, the common wall shall be properly fire protected. The Evaluator shall determine if the common wall has been kept in a state of repair that is consistent with standard practices. If it has not, mark as "Hazardous ". B. The wall between the house and garage shall have no unprotected openings. If there are windows, access panels, dryer vents, etc., mark as "Hazardous ". C. If the garage is attached to the house, determine if the door between the house and the garage is a self - closing solid core wood 1 -3/8 inches thick or is a self - closing metal door. The door shall have no windows or other openings in it. If these requirements are not met, mark as "Hazardous ". D. If any exterior parallel wall of a detached garage is less than 6 feet from the wall of the dwelling, items A,B,and C above are applicable. E. The Evaluator shall determine if any entrance door has a double cylinder dead bolt lock (key required to unlock from other side). If double cylinder dead bolt locks are found, mark as "Hazardous ". 49. Heaters NOTE: This refers to listed heating units utilizing all types of fuel such as gas, oil, electricity, or wood. Unlisted heating units shall be marked as "Hazardous ". 52 MISCELLANEOUS 50. Abandoned fuel tanks A. The Evaluator shall determine if a fuel tank has been abandoned by means of valving or disconnecting. If an abandoned fuel tank exists, mark as "Hazardous ". • A Fire Marshal Permit is required to correct the hazardous condition. • • 53 MISCELLANEOUS • 51. Sanitation Evidence of any one of the following shall be deemed as a grossly unsanitary condition and must be marked as "Hazardous ": • No permit is required; however, the city of South St. Paul Code Enforcement Office must be immediately notified at 450 -8704. A. Accumulated organic or kitchen waste beyond an average week's collection in a domestic setting. B. Accumulated trash build -up beyond a week's collection in an average domestic setting. C. Any human waste. D. Animal waste, except waste contained in a kitty litter and birds' waste in an appropriately lined cage. In no case should waste be excessive or more than one average animal's excretion over a one week period. E. Any vermin, insect, or arthropod infestation. Vermin include, but are not limited to: squirrels, rats, mice, raccoons, skunks, woodchucks, and gophers. Insects and arthropods include, but are not limited to: ticks, lice, fleas, flies, cockroaches, termites, silverfish, bedbugs, mites, spiders, centipedes, millipedes, and ants. F. Any decaying vermin or other dead animals. G. Other materials that render the dwelling, garage, and/or accessory buildings potentially dangerous to human health. H. Excess clutter beyond expected clutter from residents who are pacing in order to vacate the premises. 54 LICENSED CONTRACTOR CERTIFICATION • NOTE: " Whenever the Evaluator marks YES (thus indicating that certification is required), the Evaluator shall provide documentation stating the specific reason for requiring Certification by a Licensed Contractor. 52. Certification of the Heating System required? YES NO Note: The Heating System includes the furnace/boiler and all venting to the exterior of the building. 53. Certification of the Water Heater required? YES NO 54. Certification of the Plumbing System required? YES NO 55. Certification of the Electrical Systems required? YES NO 56. Certification of the Structural System required? YES NO 57. Other certifications required? YES NO I i s t • others: 55 Memorandum To: Michael J. McCauley, City Manager From: Brad Hoffman, Community Development Director ` Date: January 21, 1998 Subject: Earle Brown Commons Sale Presbyterian Homes has sold the Earle Brown Commons apartment complex to LaNel. LaNel also owns the Brookwood senior apartments in Brooklyn Center. The closing took place Thursday the 20th of January. As part of the sale, LaNel assumes the obligation of the bonds issued to Presbyterian Homes as authorized by Brooklyn Center. The resolution before the council simply ratifies the sale to LaNel and acknowledges LaNel's assumption of The Elderly Housing Revenue bonds issued in 1996 and their corresponding responsibilities. An escrow account has been established with securities that bear interest rates sufficient to pay the principal and interest on the bonds when due. The bonds will be defeased and called at their earliest date call date which is March 1 2001. • There are two issues of concern to the City of Brooklyn Center. First, under the terms of the bonds, the City is to receive an administration fee of V, of a point on the outstanding principal balance on an annual basis. On a present value basis Brooklyn Center will receive a check for $20,416.16. The check has been received by the closer for distribution. Second, the City has an assessment agreement on this property which is located in TIF District 92. LaNel will be bound by the assessment agreement and will execute a written assumption of the contract and assessment agreement. The project will remain a senior housing project. Attached is a letter from Stephen Bubel outlining his review of our concerns. It is my recommendation that the Council ratify the assumption by passing the resolution. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. " RESOLUTION PROVIDING FOR RATIFICATION OF EXECUTION OF DOCUMENTS IN CONNECTION WITH DEFEASANCE OF THE CITY'S $4,600,000 ELDERLY HOUSING REVENUE BONDS, SERIES 1996 (THE PRESBYTERIAN HOMES OF MINNESOTA, INC. PROJECT) BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City "), as follows: I. ' On January 15, 1998, Presbyterian Homes Housing and Assisted Living, Minnesota, Inc. (the "Corporation ") entered into an agreement to sell its facility financed by the City's $4,600,000 Elderly Housing Revenue Bonds (The Presbyterian Homes of Minnesota, Inc. Project), Series 1996 (the "Bonds ") to Earle Brown LaNel Limited Partnership, a Minnesota limited partnership (the "Purchaser "), and in connection with such sale, defease the Bonds under the Indenture of Trust pursuant to which the Bonds were issued (the "Indenture "). 2. In connection with the sale, the Corporation has established a defeasance escrow for • the Bonds with Firstar Bank of Minnesota N. A., as successor to the Trustee under the Indenture pursuant to an Escrow Agreement dated January 20, 1998, by and between the Corporation and the Trustee (the "Escrow Agreement "). I In connection with defeasance of the Bonds and the transactions contemplated under the Indenture and Escrow Agreement, the Corporation and the Purchaser have entered into an Assumption Agreement ( "Assumption Agreement ") with respect to obligations of the Corporation and purchaser under that certain Regulatory Agreement dated as of February 1, 1996, by and between the Trustee, the City and the Corporation, and the City and the Trustee have executed such Assumption Agreement thereby acknowledging and recognizing the assumption of obligations by the Purchaser from the Corporation under such Agreement. 4. Pursuant to new "change -in -use regulations" promulgated under the Internal Revenue Code of 1986, as amended, the transfer of the Project and the defeasance of the Bonds in connection therewith require (a) execution by the governmental issuer (in this case, the City), of a certificate containing certain representations with respect to the transfer and defeasance (the "Remedial Action Certificate ") and (b) written notice to the Commissioner of the Internal Revenue Service of the defeasance escrow within 90 days of the date of the defeasance escrow being established (the "IRS Notice "). 5. FINDINGS. It is hereby found, determined, and declared that: • a. Execution and delivery of the Assumption Agreement, Remedial Action Certificate and Notice of Defeasance, previously executed by the Mayor and City Manager in connection with such defeasance, are hereby ratified and approved. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • 470 Pillsbury Center W-0 im 200 South Sixth Street Minneapolis MN 55 (612) 337 -9300 telephone Graven (612) 337 -9310 fax e -mail: atrysCa)kennedy- graven.com CHARTERED STEPHEN J. BUBUL Attomey at Law Direct Dial (612) 337 -9228 January 16, 1998 Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Presbyterian Homes Transaction You asked me to summarize the consequences to the City of the sale by Presbyterian Homes Housing and Assisted Living, Inc. ( "Presbyterian Homes ") to Earle Brown LaNell Limited Partnership ( "LaNell ") of its assisted living facility in the City. • The sale raises two issues for the City. First, proceeds of the sale will be used to defease the outstanding Elderly Housing Revenue Bonds, Series 1996 issued by the City. An amount will be placed in escrow that is necessary to pay the principal and interest due on the Bonds until March 1, 2001 when the bonds will be redeemed. Under the bond documents, the City is entitled to collect an annual administrative fee in the amount of .125% of the outstanding principal amount of the bonds, commencing February 29, 1997. At closing on the sale to LaNell, Presbyterian Homes will pay the City a lump sum equal to the present value of such annual fee that would have been payable through the March 1, 2001 redemption date. This is a reasonable solution that allows the City to collect the appropriate fee. I should note that Presbyterian Homes questioned whether the obligation to pay the fee was actually released upon defeasance of the bonds - -that is, when the escrow was funded at closing. The documents are somewhat ambiguous on this point, but Presbyterian Homes agreed to cooperate and assume the obligation remained in place until the bonds are actually called. Aldo, I have not reviewed the present value analysis or the interest rate selected for that analysis, but assume that you have negotiated an acceptable rate with Presbyterian Homes. Second, the City, HRA and EDA entered into an amended and Restated Contract for Private Redevelopment (the "Contract ") with Presbyterian Homes when the latter acquired the facility . in 1996. The key terms of that agreement were to modify the minimum tax increment guaranty SJ51?6613 R3 Brad Hoffman • Page 2 January 16, 1998 (the so- called "deficiency agreement ") regarding this property, and to reaffirm the existing Assessment Agreement. By their terms, the Contract and Assessment Agreements are covenants running with the land, and are thus binding on subsequent owners of the property. In addition, LaNell's attorney has agreed that LaNell will execute a written assumption stating that the property is subject to the Contract and the Assessment Agreement. (I will draft the assumption document for signature post - closing). The Assumption will forestall any claim by LaNell that the obligations do not run with the land. Both agreements remain in place until the City's general obligation bonds issued for the Earle Brown project (Series 1991A and Series 1992A), and any bonds issued to refund those bonds, have been paid in full, redeemed, or defeased, all in accordance with their terms or, if earlier December 31, 2010. If you have further questions on this transaction, please let me know. Very truly yours, : • Stephen J. Bubul cc: Michael McCauley • SJ3: ?Eci3 • ASSUMPTION AGREEMENT -- REGULATORY AGREEMENT THIS ASSUMPTION AGREEMENT of obligations under that certain REGULATORY AGREEMENT (defined below) is made and entered into by Earle Brown LaNel Limited Partnership, a Minnesota limited partnership (the "Purchaser "), the City of Brooklyn Center, Minnesota (the "City ") and Firstar Bank of Minnesota, N.A., as successor to American Bank National Association (the "Trustee "): WHEREAS, the City has previously issued its Elderly Housing Revenue Bonds, Series 1996 (the 'Presbyterian Homes of Minnesota, Inc. Project), (the 'Bonds "), the proceeds of which Bonds were loaned to Presbyterian Homes Housing and Assisted Living, Inc. (the "Company ") to finance an elderly multifamily residential rental project (the "Project ") to be occupied and operated by the Company in compliance with the terms and provisions of a Regulatory Agreement dated as of February 1, 1996 (the "Regulatory Agreement ") by and among the City, the Trustee and the Company; and WHEREAS, the Company intends to sell the Project to the Purchaser and desires to defease said Bonds by establishment of an escrow pursuant to an escrow agreement; and WHEREAS, in connection with acquisition of the Project by the Purchaser and defeasance of the Bonds, the Qualified Project Period (as defined in the Regulatory . Agreement) will continue until the date which is 15 years after the date on which 50 percent of the residential units in the Project are occupied, and the Purchaser must continue to satisfy certain obligations under Section 142(d) of the Code with respect to operation of the Project during such extended period after the Bonds have been redeemed; and WITNESSETH, that the Purchaser hereby and herein covenants and agrees as follows: 1. Acknowledgement of Qualified Project Period. The Purchaser hereby acknowledges that the Qualified Project Period for the Project will terminate on or about , 2011. 2. Assumo_ tion of Regulatory Agreement Obligations. For so long as the Purchaser owns and operates the Project, the Purchaser hereby assumes all obligations, covenants and agreements of the Company under the Regulatory Agreement during the duration of the Qualified Project Period. 3. Reports. Pursuant to Section 3.(1)(f) of the Regulatory Agreement from and after the date the Bonds are defeased, the Purchaser shall continue to provide applicable reports to the Issuer or its designated agent for so long as the Qualified Project Period shall continue. • 813895.1 IN WITNESS WHEREOF, the undersigned parties have caused this instrument to • be duly executed by their duly authorized officers, as of the y of January, 1998. EARLE BROWN LaNEL LIMITED PARTNERSHIP, a Minnesota limited partnership By: Anthony Thomas, Inc. Its General Partner By Francis W. Lang Its President CITY OF BROOKLYN CENTER, MINNESOTA Bv: /Mayor City Manager ' FIRSTAR BANK OF MINNESOTA, N.A. By: Its • 813895.1 4 Pillsbury Center 10 J C O 200 Sourh Sixth Street Minneapolis NIN 55402 (612) 3,37-9300 telephone • . (613) 337 -9310 tax e -mail: atrys0kennedy- graven.com CHARTERED CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 January 6, 1998 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: City CoIllicil Inlrocation • Dear Michael: Attached is a copy of a letter dated December 22, 1997, from Howard S. Carp, attorney for the Minnesota Civil Liberties Union. In the letter, Mr. Carp states that the MCLU would want to have three minimal standards followed to settle the constitutional questions regarding invocations. First, Mr. Carp states that the City cannot insist that the invocation be a petition to God for guidance. I believe that the MCLU has misinterpreted the City Council policy to mean that all invocations must be addressed to God. I explained this apparent misunderstanding in my letter to you of October 31, 1997, a copy of which is attached. As I recall, the City Council did not have any objection to making the change to the policy which would clarify this issue. Therefore, I have prepared a draft resolution which would make the change in the text of the resolution as I described it in my letter of October 31, 1997. The second standard suggested by Mr. Carp is that all citizens must be invited to give this invocation whether they are a member of the clergy or not. We have found nothing in the case law which suggests that all citizens must be invited to give an invocation in order for the invocation to be constitutional. However, there is a risk when a public body has an invocation that the selection of the person giving the invocation could be done in such a way as to be an unconstitutional entanglement with religion. For example, if the City Council were to select only persons who followed a given denomination of a Christian faith, this could be viewed as an action in violation of the constitution. However, I do not believe that the past practices of the • City Council create a problem of this kind. I do not know how the persons have been selected to give invocations. However, I do know that several of the persons who have given invocations Mr. Michael McCauley • January 6, 1998 Page 2 are not members of the clergy and that on numerous occasions the invocation has been simply a moment of silence for individual reflection or prayer. Therefore, I do not believe that either the policy of the City or the past practices of the City Council in selecting embers of the public g P to provide invocations have been unconstitutional. However, the City Council should be mindful of the fact that the selection of persons to provide an invocation can create constitutional problems for the City. The third standard suggested by the MCLU is that the invocation should be made before the official start of the City Council meeting. In Mr. Carp's letter, he states that this is a requirement of the Court in the Bogen decision. That statement is not quite accurate. In the Bogen case, the invocation did precede the call to order, and the Court ruled that the County Board did not violate the constitution based on the entire set of facts presented in that case. The Court did not, however, say that the practice of holding an invocation would have been unconstitutional if the call to order had preceded the invocation. Furthermore, I understand that the call to order precedes the invocation at the opening of sessions of the Minnesota State Legislature. In my opinion, the mere fact that an invocation follows a call to order, rather than preceding it, does not render the practice unconstitutional. Nevertheless, if the City ouncil wishes to change the Y order of business of the City Council so that the invocation precedes the call to order, it should • feel free to do so. A change in the order of business could have several advantages. First, such a change, together with the change in language described above, might convince the Minnesota Civil Liberties Union that it should not bring a lawsuit to challenge the City Council's practice of having an invocation. Second, even if the MCLU does commence legal action, changing the order of business would take away one of its arguments. Third, apart from the legal issues involved, such a change would be responsive to objections by the Minnesota Civil Liberties Union. I do not know whether the position of the MCLU is shared by any current residents of the City of Brooklyn Center. However, in the past, there have been some objections to the practice of holding a City Council invocation. To the extent that the MCLU position is shared by any Brooklyn Center residents, those residents might be made somewhat more satisfied by a change in the order of proceedings of the Council. On the other hand, if the City Council feels strongly that it is important that the call to order precedes the invocation, such a practice is not, in my opinion, unconstitutional. Attached for Council consideration is a second, alternative, draft resolution which changes not only the wording of the paragraph dealing with City Council invocations, but also changes the order of business so that the invocation precedes the call to order. • = L 1-4 Mr. Michael McCauley January anuar 6, 1998 Page 3 • Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL:lh Enclosures • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which provided for Opening Ceremonies in its Order of Business; and WHEREAS, the City Council has adopted Resolutions No. 96 -162, 97 -12 and 97 -176 which amended its Order of Business; and WHEREAS, the practice of holding an invocation establishes a solemn atmosphere and serious tone for Council meetings and assists toward the maintenance of good order and decorum; and WHEREAS, the Council wishes to clarify the provisions of the Handbook relating to Invocations in connection with City Council meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooky Center, Minnesota, that the City Council Handbook be and hereby is amended to read as follows relating to the Order of Business: 1. Call to Order 2. Roll Call 3. Invocation* 4. Council Report 5. Presentations 6. Approval of Agenda and Consent Agenda 7. Open Forum 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items 11. Adjournment *All. members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly BR291 -4 that any reference to the deity in any invocation shall use the inclusive term "God" • which is a broad -based spiritual term used in our nation's Pledge of Allegiance, "...one nation under God ", and is also the term used on our currency and coins, "IN GOD WE TRUST." Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. HR291 -4 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which provided for Opening Ceremonies in its Order of Business; and WHEREAS, the City Council has adopted Resolutions No. 96 -162, 97 -12 and 97 -176 which amended its Order of Business; and WHEREAS, the practice of holding an invocation establishes a solemn atmosphere and serious tone for Council meetings and assists toward the maintenance of good order and decorum; and WHEREAS, the Council wishes to clarify the provisions of the Handbook relating to Invocations in connection with City Council meetings. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooky Center, Minnesota, that the City Council Handbook be and hereby is amended to read as follows relating to the Order of Business: 1. Invocation* 2. Call to Order 3. Roll Call 4. Council Report 5. Presentations 6. Approval of Agenda and Consent Agenda 7. Open Forum 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items 11. Adjournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly • CLL136160 BR291 -4 that any reference to the deity in any invocation shall use the inclusive term "God" • which is a broad -based spiritual term used in our nation's Pledge of Allegiance, "...one nation under God ", and is also the term used on our currency and coins, "IN GOD WE TRUST." Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. YP p CLL136160 BR291 -4 CSC�CDdFE, HOWARD S. CARP D • ATTORNEY AT LAW DEC 2 3 199% 11656 Fetterly Lane Minnetonka, MN 55305 545 -1634 December 22, 1997 Charles L. LeFevere Attorney at Law 200 So. 6th St., #470 Minneapolis, MN 55402 RE: City of Brooklyn Center - Council Meeting Invocation Dear Mr. LeFevere: I have had contact with the Minnesota Civil Liberties Union and they believe that these are the minimal standards that they would want followed if we were to settle the constitutional questions regarding invocations: First, they insist that there must be no city interference in determining the content of the invocation. Therefore, the city cannot insist that the invocation be a petition to God for guidance, but rather a petition for guidance. Second, all citizens must be invited to give this invocation whether they are a member of the clergy or not with proper notice of meetings. Finally, the invocation should be made before the official start of the meeting as required by the Court in the Bocren decision. If there is a way to facilitate these basic requests I believe we can resolve this matter. Vey Iruly yours, Howar S. Carp HSC:s • 470 Pillsbury Ccnter 1 01 200 South Sixth Strccr Minncapolis `vIN 55-402 (612) 337 - 9300 Telephone • . (612) 337-93 10 tax c -mail: ams@kennedy- ,raven.com CHARTERED CHARLES L. LEFEVERE Attomey at taw Direct Dial (612) 337.0215 October 31, 1997 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center'NIN 5543O RE: Count illn)'occation D N Dear � tll:e: For several' weeks, I have been in correspondence with Mr. Howard Carp, the attorney for the Minnesota Civil Liberties Union (NICLU). regarding the City Council invocation at the beginning of each Council ii meeting. i Cop es of the correspondence are attached. :� memo on the subject sub' P � of the defensibility of the City's position, which was preoared by Kim Kantorowicz of my office, is also attached. As noted in the memo, it appears that the invocation is legally defensible. However, the Council should be asked to consider two changes to the policy which could make the policy more defensible from a legal perspective. It would seem that these changes could also help to satisfy the concerns of the MCLU (which is primarily a political issue for the City Council to consider), and mi�,ht avoid a lawsuit entirely. One of the objections of the ACLU is that the invocation occurs after the Council meeting is convened by the Mayor so that it is actually a part of the City Council meeting. We believe that the City's practice in this regard is legally defensible. However, this argument of the MCLU could be taken away by simply reversing the order of the call to order and invocation so that the Council meeting, would begin with an invocation at 7:0 0. then call the meeting to order and have a roll call. Therefore, I would recommend that we discuss with the City Council the Council's interest or willingness to this chame. Mr. Michael McCauley October 31, 1997 • Page 2 A second objection of the MCLU is that the City policy appears to mandate that the invocation be addressed to "God ". I realize that this is not the meaning of the policy since an invocation often involves only a period of silence for reflection without any reference to God. Furthermore, I assume that the purpose of the policy is not to be exclusive by prohibiting an invocation which is not addressed to God, but rather inclusive to assure that the invocation is not addressed to, for example, Jesus, which could be objectionable to persons who are not of the Christian faith. Perhaps a minor change to the policy would make this more clear. The policy currently states that the invocations ,,.will stringently adhere to the concept of what an invocation, by definition. is, which is, a petition for guidance, and lastly that said invocation be addressed to 'God', which is the broad -based spiritual term used in our nation's Pledge of Allegiance, ...one nation under God; and is also the term used on our currency and coins, 'IN GOD WE TRUST'." The intent of the resolution, as I understand it, might be more obvious if the above quoted language were changed to read, "will stringently adhere to the concept of what an invocation, by definition, is, which is, a petition for guidance, and lastly that any reference to the deity in any invocation shall use the inclusive term 'God', which is the broad based spiritual term used in our nation's pledge of allegiance, 'one nation under God', and as also used on our currency 'IN GOD WE TRUST'." Again, I would recommend that the Council be consulted to discuss the CounciI's interest in making such a change. Finally, as noted in the memorandum, even if the policy is constitutional on its face, it could be administered in such a way that it could raise constitutional issues. For example, a challenge to the policy could be brought if, in practice, the City Council selected members of only one particular faith to deliver the invocation. In selecting the persons to present an invocation, the Council should make an effort to be inclusive of various faiths. I have told Mr. Carp that we would discuss this issue internally, decide how to proceed with the City Council, and advise him of our progress and ultimate decision. Please ;give me a call when you ha,e had a chance to review this letter and the attached memorandum. Very truly yours, Charles L. LeFevere CLL:lh Enclosure �v Memorandum To: Michael J. McCauley, City Manager From: Brad Hoffman, Community Development Director Date: January 21, 1998 Subject: 69th and Brooklyn Boulevard The council has requested an update on the status of the redevelopment of the northeast corner of 69th and Brooklyn Boulevard. As a general overview, the EDA staff and developer have developed upon a general development concept, have drafted an agreement detailing the basic terms and conditions of the project and currently either the developer or EDA controls through acquisition or option approximately 64 percent of the project area. The obstacles to developing a complete proposed agreement have included the changes in property tax classification rates, the location of a storm water retention pond, the priority of the City's commitment to Brookdale and the financial feasibility of this project from the City's perspective. The proposal is for a minimum development of 50,000 square feet of new retail space. However, to date the drawings and pro forma provided by the developer calls for a 60,000 square foot development. The EDA would retain an easement for the widening of Brooklyn Boulevard. An agreement would have the EDA write down the cost of the land to a maximum $1,500,000 of property acquisition costs. TIF contributions are on a pay as you go basis. The City/EDA would acquire all properties that the developer is unable to acquire by a given date to be determined in the agreement to maximum of $1,500,000. Staff looks to structure development agreements with a ten year pay off on bonds or pay as you go. With the enactment of property tax reclassification system, this project has gone from a 4.6 percent classification to an anticipated 3.5 percent classification rate or an approximate reduction of 24 percent. This has had a significant impact on the TIF cash flow from the project and is part of the delay in developing an agreement. While it is preferred that all TIF projects generate sufficient cash flow by itself to amortize any debt incurred by the EDA, this project may not be is able to do this due to the class rate drop and the redevelopment costs of acquiring and removing the blighted properties and other properties. This project, when completed, will require a cash flow larger than that generated by the project itself or the term or length of TIF financing wold • have to be increased to amortize the debt. It would be preferable to maintain the ten (10) year debt service term. Because of the size of the proposed project area, the requirements of the Watershed District for storm water retention must be met. With this redevelopment we are attempting to locate a retention pond that would serve a greater area and in turn accommodate other developments. There are two locations that accomplish this goal. The best site is on St. Al's property. Staff has been in discussions with St. Al's and several developers that have expressed interest in developing the Church's excess land. St. Al's has indicated some interest in selling their excess land. Any developer of the land would also be faced with the storm water retention issue. Coordination with the development of St. Al's property provides the best overall solution to the issue and the development of the entire area. If the pond were located on the project site the size of the project would be reduced tremendously. Brookdale has been and continues to be the first redevelopment priority for the City. Until now the financial resources available to projects such as the redevelopment of 69th and Brooklyn Boulevard has been unavailable until some of the Brookdale issues were resolved. The scope of potential commitment to Brookdale beyond a retention pond is just starting to be defined based upon the proposed repositioning of the mall. In the past year we have received a $2 million grant from the state to help construct the retention pond. Until then the only monies available to the EDA to undertake the Brookdale pond issue was the remaining bond issue dollars. We now have some latitude (financially) to responsibly proceed with several development projects including 69th and Brooklyn Boulevard. As previously indicated, the reduction in property tax classification has had a major impact on all projects under current consideration. At the outset this project at 60,000 square feet of retail would have a market value of approximately $4,500,000. With a 4.6 % classification rate the tax capacity was about $207,000. With the reclassification to 3.5 %, the tax capacity is reduced to approximately $157,500 or about a 24% reduction. If we assume that the 69th Avenue deal will require $1,500,000 to make it feasible then we have some decisions to make. The base capacity of the project area is about $49,000, meaning the TIF district would capture about $108,500 in • capacity or about $144,000 in TIF. It would take about 26 years to retire this debt. In order to close this development out in ten (10) years it will require payments in the area of $226,000. The EDA has purchased some properties already. If we provide that land up front as part of • $1,500,000 write down and we have a pay as you go on the balance of $1,123,500 the length of time to return the obligation is approximately thirteen (13) years. A ten (10) year pay -off would be about $170,000. Any write down of the land for this project will require TIF monies other than those created by this project and will come from other developments in the district. Mr. Nelson has provided the EDA with a pro forma for the project. The pro forma assumes a land acquisition cost of $2,453,000. It does not include relocation costs. We are working with the developers to refine the proposal and its financing. Mr. Nelson has commitments for portions of the project. Before public monies are committed to this project, Mr. Nelson and his partner will still have to provide the City/EDA with partner backgrounds and proof of financial commitments. They will also have to provide all monies necessary to undertake any condemnations to the City before such activities will commence. I believe the remaining issues of this agreement can be concluded in the next 30 to 60 days so that the public review process can go forward. • • 3 i I Boulevard Shoppes Redevelopment •, •• Future storm water pond to he located in this general area. Area I 70th Avenue i i a� N � - Z Control of Property ct Developer ct EDA 69th Avenue N°� W E City of BROOKLYN CENTER \ 3[ City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstr , Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 22, 1998 SUBJECT: Set Date and Time for City Council Work Session I would recommend. scheduling the nest general City Council work session for Thursday, February 12, 1998, or Monday, March 2, 1998. There already are Council meetings scheduled for February 9th and 23rd, with a Council retreat on February 27th. Mayor Kragness will be on vacation the week of February 16th. Then in March the regular Council meetings will be the 9th and 23rd, with a work session already scheduled for March 16th to look at transportation and other issues. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING AN ADDENDUM TO THE LEASE FOR THE NORT14BRo OK IJOUOR STORE WHEREAS, the existing lease for the Northbrook Liquor Store between the City and Northbrook Shopping Center will expire on March 31, 1999; and WHEREAS, the existing lease provided for a rent increase from $7.75 per square foot to $8.00 er square foot on February 1 1998 P q ary , and WHEREAS, a lease addendum has been negotiated with the Landlord which will freeze the rent at $7.75 per square foot while extending the occupancy of the store through March 31, 2000, without changing any other terms of the existing lease; and WHEREAS, the Northbrook Liquor Store has been profitable in this site and it is in the best interest of the City to continue its operation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are authorized and directed to sign a lease addendum with Northbrook Partners for the Northbrook Liquor Store extending the period of the through March 31, 2000. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor the?eof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers C y, Hiistrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 22, 1998 SUBJECT: Extension of Northbrook Lease Staff is recommending that the lease for the Northbrook Liquor Store be extended through March of the year 2000. The current lease will expire in March 1999. Mr. Hansen has negotiated favorable terms for an extension of the lease. The extension of the lease will also result in a lower cost for the lease period March 1998 through March 1999. This will give the City two years before the lease will expire which will allow continued operation of a profitable neighborhood liquor store in that p p g q location. • Staff is in the process of preparing a proposal for the City Council's consideration to enter into a two -year lease for property on 63rd and Brooklyn Boulevard across from the current liquor store. The liquor store on 63rd and Brooklyn Boulevard will be displaced by the construction of a new fire station. In order to meet the established target goals of revenue from the liquor operations, it is necessary to have the current complement of liquor stores in place. These approaches will provide flexibility into the future for any discussions the City Council may continue to have, including input from the community, about the future of liquor operations in Brooklyn Center. But by entering into these shorter -term arrangements, it will be possible to continue meeting expectations while providing flexibility for reconfiguration or change. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer