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8.1. SR 03-07-2016Request for Action To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General Business March 7, 2016 Zack Carlton, Planning Manager Item Description Reviewed by February 16, 2016, Minutes John Cunningham, Fire Chief Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the minutes from the February 16, 2016, regular meeting of the City Council. Background/Discussion The minutes for the February 16, 2016, regular meeting are attached. As an update to what was submitted during the public hearing for item 7.3 the Land Use Amendment and Conditional Use Permit to operate a hotel at 17432 Zane Street, staff has included a corrected report from the State Fire Marshal's office. The document submitted during the public hearing did not include the entire report. The applicant submitted the report they received, but the `Inspection Remarks' box was not fully extended to reveal the original comments from May 1, 2014. The updated report and memo outlining changes to the contact information are attached. The corrected report is for information only and will not be included as part of the February 16, 2016, minutes. Financial Impact None Attachments ■ February 16, 2016, Minutes ■ Original State Fire Marshal's Report dated May 1, 2014 ■ State Fire Marshal's Report submitted on February 16, 2016 ■ Updated Fire Marshal's Report shown as corrected on February 11, 2016 ■ Memo from the State Fire Marshal's Office dated February 19, 2016 AR VA City of Elk -� River Members Present: Members Absent: Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, February 16, 2016 Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Planning Manager Zack Carlton, Fire Chief T. John Cunningham, Street Superintendent Mark Thompson, Chief of Police Ron 2. 3. Nierenhausen, Economic Development Director Amanda Othoudt, City Attorney Peter Beck, and Executive Secretary/Deputy City Clerk Jessica Miller I I\ Call Meeting to Order AW Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p Pledge of Allegiance The Pledge of Allegiance was reci Consider 02/16/16 Agenda Dietz. *46 Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the February 16, 2016, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 Minutes ■ February 1, 2016, Joint HRA ■ February 1, 2016, Regular 4.2 Check register, check numbers 9839-9840 and 95385-95583 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Designate city website as alternative method of publication for transportation projects. 4.5 Promotion of Detective Joe Gacke to Detective Sergeant effective 4:31 p.m. February 26, 2016, as outlined in the staff report. City Council Minutes Page 2 February 16, 2016 ----------------------------- 4.6 Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services Local 271 for January 1, 2016, to December 31, 2018. 4.7 HRA Blighted Properties Demolition and Forgivable Residential Loan Program policy and application. 4.8 Resolution 16-11 acknowledging contributions to the Elk River Police Department. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month— Mayor D Mayor Dietz introduced, read, and presented a plaque to Kelly Swart, -Volunteer of the Month for February. He noted the following volunteering accomplishments: ■ Board member for Elk River Youth Hockey Association (ERYHA) since 2012. ■ 2014 Hockey Day Minnesota volunteer coordinator. ■ Current president of ERYHA. ■ Volunteers at her children's schools working on carnivals, field trips, and classroom acfivifie IN V `4w 6.2 Forestry Presentation`- Sherburne Soil and Water Conservation District Gina Hugo, Resource„ Conservafionist from the Sherburne County Soil and Water Conservation District provided an update on community forestry efforts. 6.3 Proclaim February 26, 2016, as Bryan Vita Day Chief Nierenhausen provided an overview of Bryan's career with the Elk River Police Department. Mayor Dietz read and presented the plaque to Bryan. Moved by Councilmember Burandt and seconded by Councilmember Olsen to proclaim February 26, 2016, as Bryan Vita Day. Motion carried 5-0. 7.1. Rick Haugland, 21475 Highway 169 a. Ordinance Amendment to Rezone Property from Commercial Reserve Transition to Highway Commercial b. Conditional Use Permit for Auto Body Repair Facility p 0 W I R 1 0 8 Y NATUREI Cit, Council Minutes February 16, 2016 Page 3 Mr. Carlton stated this item is being postponed so the applicant has time to provide additional information. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to March 21, 2016. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to continue the public hearing to March 21, 2016. Motion carried 5-0. 7.2 Ordinance Amendment to Rezone Property from R I c to R I a, Single Family Residential, City of Elk River, 19640 and w19660 Proctor Road Mr. Carlton presented the staff report. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt ordinance 16-3 rezoning certain property from R1 -c to R1 - a. Motion carried 5-0. 7.3 Briggs Companies - 17432 Zane St NW a. Land Use Amendment to change the land use from FAST to Highway Business ., b. Conditional Use Permit to operate a hotel Mr. Carlton presented the staff report along with a PowerPoint. He noted the applicant stated the memo from the State Fire Marshal's Office dated May 1, 2014, was fabricated and the conversation never took place but memos from the city fire marshal and fire inspector support the state's report. Mayor Dietz opened the public hearing. Pat Briggs, Briggs Companies, 19021 Freeport St — representing Elk River Lodge and Residential Suites - distributed an updated report from the State Fire Marshal to the Council. Mr. Briggs indicated the May 1, 2014, report was corrected on Februarys 11, 2016, by the State Fire Marshal's Office. Mr. Briggs indicated enormous efforts have been put forth by his staff and city staff to get the property in line with where they'd like to be. He explained he made an attempt to do nightly stays but the type of guests coming for the nightly stays were inappropriate for the city. He stated extended stay/lodging makes more sense. He further explained the plan was to move forward with a Conditional Use Permit and Comprehensive Plan amendment but as the process continued, he thought it might not be the appropriate process to follow for this area since it is planned for high density residential. He indicated the Planning Commission agreed at their last meeting an Interim Use Permit (IUP) would be more appropriate based on the timeframe for conversion to POW€REO 6Y NATUREI City Council Minutes February 16, 2016 Page 4 high density. He stated he plans to add 60 units to help absorb the costs for the conversion to a market rate facility. Mr. Briggs indicated he has submitted an application for an Interim Use Permit. He requested reimbursement for at least one of the previous applications since he has spent a considerable amount of time on past applications. He further explained he is comfortable with the IUP application although it means giving up their current Conditional Use Permit from 2011. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Mayor Dietz asked Mr. Carlton if he had a responses to any of Mr. Briggs comments. Mr. Carlton provided a history of applications as outlined in his PowerPoint. He stated the only fees charged were with an application submitted September 28, 2015, that was withdrawn October 26 and the land use and CUP applications being considered this evening. He stated the fees/escrows were used for both of those applications. Councilmember Burandt stated she was at the Planning Commission meeting and asked if an IUP application was received. Mr. Carlton confirmed an IUP application was received January 26 and deemed complete. Councilmember Westgaard confirmed the request being considered this evening is for a land use amendment and CUP to operate a hotel. He questioned if the existing CUP has been revoked or ceased. Mr. Carlton explained based on the report from the State Fire Marshal's Office dated May 1, 2014, the property was not being operated in a use consistent with the approved CUP; therefore, the CUP expired on November 1, 2014, (6 months from the date of the report). Councilmember Wagner questioned if the property has been operating since November 2014 without a CUP. Mr. Carlton indicated it had. He added the Fire and Building Departments began inspections in early 2015 to resolve building permit issues but the building is not approved to operate as an apartment building or hotel. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to deny the land use amendment because the proposed use is not consistent with the Comprehensive Plan and is not compatible with the surrounding properties. Attorney Beck indicated the motion should be directing staff to prepare a resolution of findings for formal denial. Councilmember Westgaard amended his motion directing staff to prepare a resolution of findings for denial of the land use amendment based on the following: 1. The proposed use is not consistent with the Comprehensive Plan. 2. The proposed use is not compatible with surrounding properties. P O W E R E D 0 Y AUR City Council Minutes February 16, 2016 The seconder was agreeable to the amendment. Councilmember Burandt questioned if this motion affects the IUP application. Attorney Beck indicated it does not. Motion carried 5-0. Page 5 Moved by Councilmember Westgaard and seconded by Councilmember Olsen to prepare a resolution with findings of fact for denial of the Conditional Use Permit request based on the finding that #2, #3, and #7 of the criteria for granting a Conditional Use Permit are not met. Motion carried 5-0. Mayor Dietz indicated since Mr. Briggs did not pay for four out of six of the applications listed he is not in favor of a reimbursement. Council concurred. Attorney Beck stated the resolutions for denial will come back at the next meeting unless the applicant withdraws the applications in writing in lieu of his recent IUP application. He added the IUP application will go to the Planning Commission on February 23 and the Council March 21. 8.1. 2016 Chip Seal Program Mr. Thompson provided an update on chip seal and double seal coat application. Councilmember Westgaard questioned if the double seal application costs more. Mr. Thompson stated the double seal costs approximately 35-40% more than a single seal but costs much less than a reconstruction. Council recessed at 7:08 p.m. to move into Upper Town for work session. The meeting reconvened at 7:13 p.m. 9.1 Commission Interviews The Council interviewed applicants for various commission openings. Moved by Councilmember Wagner and seconded by Councilmember Olsen to appoint Glenn Hauck, Matt Herman, and Rudy Thibodeau (as energy- related business representatives) and to reappoint Tom Sagstetter (Elk River Municipal Utildies representative) to the Energy City Commission for three- year terms beginning March 1, 2016, and expiring February 28, 2019. Motion carried 5-0. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to reappoint Josh Fox to the Heritage Preservation Commission for a three-year term to expire February 28, 2019. Motion carried 5-0. P O W E R E D 0 Y AUR Cit, Council Minutes February 16, 2016 Page 6 Moved by Councilmember Westgaard and seconded by Councilmember Burandt to reappoint Mike Cunningham (ISD 728 representative) and DeAnn Givens (Elk River Skating Club representative) to the Ice Arena Commission for three-year terms to expire February 28, 2019. Motion carried 5-0. Moved by Councilmember Burandt and seconded by Councilmember Olsen to reappoint Eric Johnson and appoint Mike Nicholas to the Planning Commission for three-year terms beginning March 1, 2016, and expiring February 28, 2019. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Olsen to reappoint John Dietz as the Council representative to the Utilities Commission for a three-year term to expire February 28, 2019. Motion carried 4-0. Mayor Dietz abstained. *%L, Moved by Councilmember Wagner and seconded by Councilmember Westgaard to reappoint Mark Ahlness and Ryan Holmgren to the Parks and Recreation Commission for three-year terms to expire February 28, 2019. Motion carried 5-0. 9.2 PUD Process and Purpose, Discussion Mr. Carlton presented the staff report including a PowerPoint outlining the purpose of a Planned Unit Development (PUD), the review and approval process for a PUD, and anticipated PUD applications. 10. Adjournment There being no further business, Mayor Dietz ad)ourned the meeting of the Elk River City Council at 8:39 p.m. Minutes prepared by Jessica Miller. John J. Dietz, Mayor Tina Allard, City Clerk row€R10 8 NATUREI Insp. No.: 39419 rt State Fire Marshal Division Minnesota Department of Public Safety 444 Cedar St., Suite 145 St. Paul MN 55101-5145 File No.: RS -82184 Insp. Date: 5/1/2014 Insp. Time: 2,00 Travel: 1.00 Inspector: Gergen, John W Occupied: i `• . 7,. .. i 'Recommendations: 11 `__� Inspection and Compliance Orders roperty: Elk River Inn & Suites 5 re— 17432 Hwy 10 E r % n -c Elk River, MN 55330 Contact: Contact Name/Phone: Pat Briggs 763-441-8554 Contact E-mail: pat@thebriggscompanies.com Property Phone: 612-441-8554 Owner: Elk River Lodge and Suites 11110 Industrial Circle, Suite E Elk River, MN 55330 Contact: Contact Name/Phone: Kelly Anderson EXT 33 763-633-1080 Contact E-mail: Owner Phone: 763-633-1080 Agency Req.: O Scheduled: O Complaint: O Permit/Plan Review: O Owner Requested: Q Inspector Initiated: Q Consultation: O Item # Ref # Code Section I Days to Correct Violation Remarks Ins ection Remarks: The mandated three year interval inspection was attempted on 5/1114. At time of inspection attempt, upon contact with Marla of Briggs Company, 19021 Freeport Street - Suite 500, Elk River, MN 55330 - 763-633-1080 it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel occupancy. Per Marla, all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy. Facility will be monitored by Elk River Fire Department for occupancy changes. Inspection attempt was in company of Elk River Fire Department Fire Marshal and Fire Inspector. Owner/Representative:I Pat Briggs -Briggs Company Inspector: John Gergen - (320) 654-0517 A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. 1-110 uiai aic a Icaun Ui a icwnnnenuaoon UU HUT require gays To correct. Fire Department: Licensing Agency: Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 Insp. No.: 39419 _._Fol e - N - Q.: RS -82184 - - State Fire Marshal Division Insp Date: 5/1/2014 Insp. Time: 2.00 Travel.l 1 00 Minnesota Department of Public Safety nspect-r--[G�gert, Joh - In W 444 Cedar St., Suite 145 w .wSt. Paul, MN 55101-5145 r6: rrax, Qcoupied:l... . . . ...... . ... .. *Recommendations: El Inspection and Compliance Orders Property: Elk River Lodge and Residential Suites 17432 Zane Street NW Elk River, MN 55330 Contact: Contact Narne/Phone: Marla Weston 763-633-1080 Contact E-mail: crathebrigqscorn panies,com Property Phone: 763-633-1080 Owner Elk River Lodge and Residential Suites 19021 Freeport Street NW, Suite 500E Elk River, MN 55330 Contact: Contact Name/Phone: Marla 763-633-1080 Contact E-mail: Owner Phone: Agency Req.: 0 Scheduled: 0 compiaint 0 Permit/pian Review 0 owner Roquested: 0 Inspector lniUa(ed: Consultation: 0 I I.. #) R00YS to 9 � Code � Section a Violation Remarks Correct I n p�torj.Renaeks :. . . ........... . . . ...... The mandated three year interval inspection was attempted on 5/1/14. At time of inspection attempt, upon contact with Marla of Briggs Company, 19021 Freeport Street - Suite 500, Elk River, MN "Inspection report updated with new phone number and contact name per request by Marla:" Thank you, Marta Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 - owner/Representative: Pat Briggs -Briggs Company John Gergen - (320) 654-0517 - Re-entered and corrected info per Inspector- Glen Bergstrand (2/11/2016) A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. * Items that are a result of a recommendation do not require days to correct. Fire Department: Licensing Agency Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 Insp. No.: 39419 State Fire Marshal Division Minnesota Department of Public Safety 444 Cedar St., Suite 145 File No.: RS-82184 Insp. Date: 5/1/2014 Insp. Time: 2.00 Travel:1 1.00 Inspector: Gergen, John W St. Paul, MN 55101-5145 _ Occupied: *Recommendations: I ❑ Inspection and Compliance Orders Property: Elk River Lodge and Residential Suites 17432 Zane Street NW Elk River, MN 55330 Contact: Contact Name/Phone: Marla Weston 763-633-1080 Contact E-mail: cr(a)thebriggscompanies.com Property Phone: 763-633-1080 Owner: Elk River Lodge and Residential Suites 19021 Freeport Street NW, Suite 500E Elk River, MN 55330 Contact: Contact Name/Phone: Marla 763-633-1080 Contact E-mail: Owner Phone: Agency Req.: 0 Scheduled: Q Complaint:0 Permit/Plan Review: 0 Owner Requested: Q Inspector Initiated: (i Consultation: 0 Item # Ref # Code Section Days to Correct Violation Remarks Inspection Remarks: The mandated three year interval inspection was attempted on 5/1/14. At time of inspection attempt, upon contact with Marla of Briggs Company, 19021 Freeport Street - Suite 500, Elk River, MN "Inspection report updated with new phone number and contact name per request by Marla:" Thank you, Marla Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 PH: 763-633-1080 Fax: 763-633-1430 Email: cr@thebriggscompanies.com Please visit our website @ www.thebriggscompanies.com 55330 - 763-633-1080 it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel occupancy. Per Marla, all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy. Facility will be monitored by Elk River Fire Department for occupancy changes. Inspection attempt was in company of Elk River Fire Department Fire Marshal and Fire Inspector. Owner/Representative: Pat Briggs-Briggs Company John Gergen - (320) 654-0517 - Re-entered and corrected info per Inspector: Glen Bergstrand (2/11/2016) A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. * Items that are a result of a recommendation do not require days to correct. Fire Department: Licensing Agency: Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 OF aUeZ c 199� State Fire Marshal 1Q o 445 Minnesota Street • Suite 145 • Saint Paul, Minnesota 55101-5145 �P sTgrF Phone: 651-201-7200 • Fax: 651-215-0525 • TTY: 651-282-6555 OF M111tN4 www.dps.state.mn.us 19 February, 2016 Alcohol and Gambling Enforcement John Cunningham, Fire Chief Elk River Fire Department Bureau of 13073 Orono Parkway y Apprehension Elk River, MN 55330 Driver and Vehicle RE: Summary Report concerning the property at 17432 Zane Street NW, Elk River Services M N Emergency Communication Networks Chief Cunningham, Homeland Security and Per your request, here is the information regarding the MN State Fire Marshal Emergency Management Division involvement with the aforementioned property. Minnesota State Patrol - On 1 May 2014, Deputy John Gergen (Retired) attempted to conduct a hotel inspection on the property identified as the Elk River Lodge and Residential Suites. Office of Communications Per this inspection report remarks, "it was determined that the facility is no longer Office of being occupied as an R-1 Hotel/Motel occupancy. Per Marla, all occupants are Justice Programs leasing a unit or multiple units for greater than 30 days which would be an R-2 Office of occupancy. Facility will be monitored by Elk River Fire Department for occupancy Pipeline Safety changes. Inspection attempt was in company of Elk River Fire Department Fire Office of Marshal and Fire Inspector". Traffic safety - On 27 January 2016, Chief Cunningham contacted State Fire Marshal Bruce State Fire West concerning comments made by Marla and Pat from The Briggs Companies Marshal during an Elk River Planning Commission meeting on 26 January 2016. During the meeting, Marla and Pat stated that the conversation as noted on the 1 May 2014 Inspection Report never occurred and that the property has always been a Group R-1 occupancy. ° - On 3 February 2016, Marla from The Briggs Companies sent an email to SFMD Supervisor Glen Bergstrand with the following request: Hello Glen, 'RSF Please see the attached inspection report. This report was recently brought to my attention in the last couple of weeks. I have concerns with this inspection report and I hoping that we can get things cleared up. The report has incorrect phone numbers 612-441-8554 and incorrect Contact Kelly Anderson ext. 33. I am not sure where this number originated from or who Kelly Anderson is. EQUAL OPPORTUNITY EMPLOYER More importantly and my main concerns are in the inspection remarks: An inspection was attempted om 5/1/14 and upon contact with Marla (me). I have no record of an attempt for an inspection and no record of a phone call about the building. This building has been operated as an extended stay building since 2011. I would like to report to be corrected. Can you please assist in this request? Please call me at 763-633-1400 to discuss further, if needed. Thank you for your time. Thank you, Marla Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 PH: 763-633-1080 Fax: 763-633-1430 Email: cr@thebriggscompanies.com Please visit our website @ www.thebriggscompanies.com "Where dreams become reality - Let's get started!", Subsequent emails between SFMD Supervisor Bergstrand and DaNay Freeman, SFMD Office Admin Specialist, amended the 1 May 2014 report to reflect the updated contact information. Other than changing the contact information, no other changes were made to the report. - On 17 February 2016, Deputy Rexeisen emailed the MN Department of Health (MDH) Food, Beverage and Lodging Licensing Section requesting the current licenses for this property. According to the MDH response, the property was last licensed as a hotel/motel in 2009. The MDH records indicate that the property was sold in 2011 to the current owners and that the only license this property currently has is for the swimming pool. - Questions have been raised as to whether the 1 May 2014 Inspection Remarks were further amended. DaNay Freeman provides the following statement: During the creation of the first PDF sent to Marla the remarks section was not fully extended to display all the full contents of the inspection results. In our data base the formatting is older and defaults to display only so many characters in the remarks sections unless you manually bring your cursor to the box to extend it not all the remarks may be displayed. - The State Fire Marshal Division Inspection and Compliance Orders, Inspection Number: 39419, File Number: RS -82184, remains as originally submitted by Deputy Gergen on 1 May 2014 except for the amended contact information which appears on the form as highlighted in RED. Respectfully Submitted, Bob Rexeisen Deputy State Fire Marshal 445 Minnesota St, Suite 145 St. Paul, MN 551 01-51 45 Attachments: - 1 May 2014 Fire Inspection Report, Amended 11 February 2016 - 28 June 2011 Fire Inspection Report indicating the prior use as a Group R-1 - Email exchange between Deputy Bergstrand, Marla from The Briggs Companies and DaNay Freeman - Email exchange between Deputy Rexeisen and MDH Food, Beverage and Lodging Licensing Insp. No.: 39419 �r State Fire Marshal Division File No.: RS-82184 Insp. Date: 5/1/2014 Minnesota Department of Public Safety 444 Cedar St., Suite 145 Insp. Time: 2.00 Travel: 1.00 Inspector: Gergen, John W St. Paul, MN 55101-5145 T"T Occupied: ❑� `Recommendations: I Q Inspection and Compliance Orders Property: Elk River Lodge and Residential Suites 17432 Zane Street NW Elk River, MN 55330 Contact: Contact Name/Phone: Marla Weston 763-633-1080 Contact E-mail: crPthebriggscompanies.com Property Phone: 763-633-1080 Owner: Elk River Lodge and Residential Suites 19021 Freeport Street NW, Suite 500E Elk River, MN 55330 Contact: Contact Name/Phone: Marla 763-633-1080 Contact E-mail: Owner Phone: Agency Req.: 0 Scheduled: 0 Complaint:Q Permit/Plan ReviewO Owner Requested Inspector Initiated: Q Consultation:0 Item # Ref # Code Section Days to Correct Violation Remarks Inspection Remarks: The mandated three year interval inspection was attempted on 5/1/14. At time of inspection attempt, upon contact with Marla of Briggs Company, 19021 Freeport Street - Suite 500, Elk River, MN "Inspection report updated with new phone number and contact name per request by Marla:" Thank you, Marla Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 PH: 763-633-1080 Fax: 763-633-1430 Email: cr@thebriggscompanies.com Please visit our website @ www.thebriggscompanies.com 55330 - 763-633-1080 it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel occupancy. Per Marla, all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy. Facility will be monitored by Elk River Fire Department for occupancy changes. Inspection attempt was in company of Elk River Fire Department Fire Marshal and Owner/Representative: Pat Briggs-Briggs Company John Gergen - (320) 654-0517 - Re-entered and corrected info per Inspector: Glen Bergstrand (2/11/2016) A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. ' Items that are a result of a recommendation do not require days to correct. Fire Department: Licensing Agency: Elk River 415 Jackson Ave Elk River, MN 55330 Page 1 of 1 Insp. No.: 28385 Followup: 11 State Fire Marshal Division File No.: RS -82184 Orig. Insp. Date: 5/27/2011 Minnesota Department of Public Safety 444 Cedar St., Suite 145 St. Paul, MN 55101-5145 "''' "„ 7�. ~� �xstr,at Previous Insp. Date: 5/27/2011 Insp. Date: 6/28/2011 Insp. Time: 2.00 Travel: 2.00 Inspector: Gergen, John W Order Property: Elk River Inn & Suites Building: Section: Address: 17432 Hwy 10 Elk River, MN 55330 Contact: Contact Name/Phone: Pat Briggs 763-441-8554 Contact E-mail: pat@thebriggscompanies.com Property Phone: 612-441-8554 Owner: Elk River Lodge and Suites 11110 Industrial Circle, Suite E Elk River, MN 55330 Contact: Contact Name/Phone: Kelly Anderson EXT 33 763-633-1080 Contact E-mail: Owner Phone: 763-633-1080 Item # Ref # Code Section Days to Correct Violation Remarks Corrected/Day s to Correct Numerous extension cords were MSFC Remove extension cords that are being used as being used at Breakfast Bar area. corrected 1 819 2007 605.5 0 a substitute for permanent wiring. Provide approved permanent as 6/28/11 wiring for appliances. Remove unapproved locking devices from exit Remove double key deadbolt MSFC doors. Exit doors shall be openable from the locks on doors from Pool to corrected 2 935 2007 1008. 1.8 0 inside without the use of a key or any special Lobby. Provide approved locking as 6/28/11 knowledge or effort. devices with egress hardware. MSFC Provide approved address numbers that are Provide address numbers that corrected 3 786 2007 505.1 0 plainly visible from the street or road. are visible from street. as 6/28/11 Electrical appliances and fixtures shall be All appliances in Lobby/Breakfast 4 821 MSFC 605.7 0 installed and maintained in accordance with Area shall be commercial listed corrected 2007 as 6/28/11 their listings. appliances - liances. Single station smoke detection In all guest rooms shall be operational. Provide documentation that all singe Ensure that the required fire detection, alarm, station detection has been tested 5 861 MSFC 901.5.1 0 and suppression systems have been tested and or replaced. Have fire alarm corrected 2007 contractor provide sensitivity as 6/28/11 approved prior to occupancy of the building. testing or replace detection. Numerous rooms were not accessible at time of inspection and numerous detectors were miccinn nr not nnaratinnal Smoke detector sensitivity shall be checked Provide documentation of MSFC after 1 year, then every other year. If found sensitivity testing of fire alarm corrected 6 ### 2007 907.20.3 0 within range, sensitivity testing may be components including heat as 6/28/11 extended to a maximum of 5 yrs. Nuisance detection in corrosive areas. alarm records must be available. Provide approved self-closing and latching Corridor door to Main Laundry devices for required fire -rated doors. Such was being held open with a non- 7 837 MSFC 703.2 0 doors may be held open by the use of approved approved hold open device; if corrected 2007 door is to be held open shall be as 6/28/11 devices which release upon the activation of magnetically with automatic fire smoke detection or loss of power. alarm for release. Page 1 of 2 Item # Ref # Code Section Days to Correct Violation Remarks Corrected/Day s to Correct Ensure that the means of egress illumination is equipped and maintained with an emergency Emergency lighting in Pool area 8 986 MSFC 1027.5.3 0 power system capable of providing 30 minutes was not operational, repair or corrected 2007 as 6/28/11 of illumination in the event of primary power replace as needed. loss. Provide a key box in an approved and Provide Elk River Fire 9 787 MSFC 506.1 0 accessible location. Such key box shall be of Department with new keys for corrected 2007 an approved type and shall contain keys to gain key box. as 6/28/11 access as required b the code official. Provide annual inspection and testing of sprinkler systems in accordance with Chapter 5 Provide documentation of annual of NFPA 25 (02). The owner is responsible for automatic sprinkler system and MSFC this annual inspection and test of the sprinkler fire pump testing. Testing was corrected 10 862 2007 901.6.1 0 system, which shall be completed by a licensed being conducting at time of as 6/28/11 sprinkler contractor employing licensed inspection but was not complete journeymen sprinkler fitters pursuant to Minn. and no documentation provided. Rules § 7512.2800, with all noted deficiencies corrected Provide periodic inspection and testing for all fire protection systems and equipment Provide documentation of annual (including fire sprinklers, fire hydrants, automatic fire alarm system 11 863 MSFC 901.6.1 0 standpipes, fire alarm, fire extinguishers, smoke testing and inspections. No corrected 2007 and heat vents, smoke removal, and other fire documentation available for as 6/28/11 protection appliances), with all noted deficiencies corrected. Maintain documentation review. of inspection and testing for 3 years. Provide periodic inspection and testing for all fire protection systems and equipment (including fire sprinklers, fire hydrants, Fire extinguishers were last 12 863 MSFC 901. 6.1 o standpipes, fire alarm, fire extinguishers, smoke serviced in 2009. Provide current corrected 2007 and heat vents, smoke removal, and other fire as 6/28/11 protection appliances), with all noted service. deficiencies corrected. Maintain documentation of inspection and testing for 3 years. Automatic sprinkler heads in Replace all painted or damaged fire sprinkler Sauna and Pool Chemical 13 866 MSFC 901.6 0 heads. All sprinkler work must be done by a Room/Mechanical Room shall be corrected 2007 licensed contractor. replaced. All heads in Pool area as 6/28/11 were replaced due to damacle. Follow-up Inspection Remarks:This was a follow-up inspection prior to reopening in company of Elk River FD. All items were corrected per orders issued. Initial Inspection Remarks: This was an inspection prior to reopening facility that has been closed for over 1 year. The above items shall be corrected prior to opening. A re -inspection shall be conducted to verify corrections. NOTE: Provide Federal Tax ID to St Paul office prior to opening. Previous Follow-up Inspection Remarks: Appears to meet minimum requirements. Owner/Representative: Inspector: John Gergen - (320) 654-0517 A variance procedure is available. Please contact the inspector named for further assistance with this or any other matter. Page 2of2 From: Bergstrand. Glen (DPS) To: Freeman. Danay (DPS) Subject: RE: Elk River Lodge Date: Wednesday, February 03, 2016 1:57:15 PM "Inspection report updated with new phone number and contact name per request by Marla:" 7Fiankyou,-114arfa Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 PH: 763-633-1080 Fax: 763-633-1430 Email: cr(d)thebriggscompan ies.com Please visit our website @ www.thebriaascompanies.com Glen Bergstrand State Fire Marshal Supervisor 218-721-4447 Glen. Bergstrand @state.mn.us From: Freeman, Danay (DPS) Sent: Wednesday, February 3, 2016 1:52 PM To: Bergstrand, Glen (DPS) Subject: RE: Elk River Lodge Okay. What specific words would you like on there? You write it up and I will copy and paste From: Bergstrand, Glen (DPS) Sent: Wednesday, February 03, 2016 1:27 PM To: Freeman, Danay (DPS) <danay.freemanPstate.mn.us> Subject: Re: Elk River Lodge You could include those statements if you indicate those are unsubstantiated comments made by the building manager on 2/3/2016. Glen Bergstrand State Fire Marshal Supervisor Glen. BergstrandPstate.mn.us 218-721-4447 On Feb 3, 2016, at 1:12 PM, Freeman, Danay (DPS) <danay.freemanCcDstate.mn.us> wrote: What about this issue: "More importantly and my main concerns are in the inspection remarks: An inspection was attempted om 5/1/14 and upon contact with Marla (me). I have no record of an attempt for an inspection and no record of a phone call about the building. This building has been operated as an extended stay building since 2011. 1 would like to report to be corrected." From: Bergstrand, Glen (DPS) Sent: Wednesday, February 03, 2016 1:11 PM To: Freeman, Danay (DPS) <danay.freemanPstate.mn.us> Subject: Re: Elk River Lodge "Contact and phone number updated" Glen Bergstrand State Fire Marshal Supervisor Glen.Bergstrand(@state.mn.us 218-721-4447 On Feb 3, 2016, at 12:41 PM, Freeman, Danay (DPS) <danay.freemanPstate.mn.us> wrote: What would you like me to put in the remarks section then? From: Bergstrand, Glen (DPS) Sent: Wednesday, February 03, 2016 12:25 PM To: Freeman, Danay (DPS) <danay.freeman(@state.mn.us> Subject: Fwd: Elk River Lodge Please send an updated report to Marla Glen Bergstrand State Fire Marshal Supervisor Glen. Bergstrand CcDstate.mn.us 218-721-4447 Begin forwarded message: From: Client Relations <crCcDthebriggscompanies.com> Date: February 3, 2016 at 11:59:29 AM CST To: '"Bergstrand, Glen (DPS)"' <glen.bergstrand(@state.mn.us> Subject: RE: Elk River Lodge Thank you very much. Can you please have a revised copy of the inspection report sent to me via email. 7hankyou, Marfa Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 PH: 763-633-1080 Fax: 763-633-1430 Email: cr(d)thebriggscompan ies.com Please visit our website @ www.thebriagscompanies.com "Where dreams become reality - Let's get started!" From: Bergstrand, Glen (DPS) [mailto:glen.bergstrandCa�state.mn.us] Sent: Wednesday, February 03, 2016 11:46 AM To: Client Relations <crCcDthebriggscompanies.com> Cc: Freeman, Danay (DPS) <danay.freemanC@state.mn.us> Subject: RE: Elk River Lodge I will forward your comments and the attached inspection report to our support staff to have this corrected. Thanks for letting me know of these errors. Glen Bergstrand State Fire Marshal Supervisor 218-721-4447 Glen.BergstrandC@state.mn.us From: Client Relations [mailto:crCu�thebriggscompanies.com] Sent: Wednesday, February 3, 2016 11:29 AM To: Bergstrand, Glen (DPS) Subject: Elk River Lodge Rexeisen, Robert (DPS) From: *MDH_foodlodging Sent: Wednesday, February 17, 2016 10:35 AM To: Rexeisen, Robert (DPS) Subject: RE: Elk River Lodge and Residential Suites Good Morning, They have a current Swimming Pool license ONLY with MDH/FPLS — not licensed for lodging or food service. The current owner has been licensed with us since 2011. The primary operator is Elk River Lodge & Resident Suites and the secondary operator is Patrick Briggs. The last time this establishment was licensed as a hotel/motel was in 2009. Our database shows it was sold to the current owners in August 2011. Thank you, Minnesota Department of Health Food, Beverage and Lodging Licensing PO Box 64975 St. Paul, Minnesota 55164-0975 651-201-4500 htto://www.health.state.mn.us/foodsafet health.foodlodging@state.mn.us From: Rexeisen, Robert (DPS) Sent: Wednesday, February 17, 2016 8:02 AM To: *MDH—foodlodging<HEALTH.foodlodging@state. mn.us> Subject: Elk River Lodge and Residential Suites Good morning, Can you tell me if Elk River Lodge and Residential Suites is licensed through your office? In 2014, our office was told by this owner that they were no longer a hotel but an apartment complex so we closed their file. Now, the owners are stating that they were never an apartment while the City of Elk River is still asserting that they are an apartment complex. Before our office gets involved, I'd like a better idea as what to call this property. The information is: Elk River Lodge and Residential Suites 17432 Zane Street NW Elk River, MN 55330 Thanks Bob Rexeisen Deputy State Fire Marshal Residential Inspector Pyrotechnics 445 Minnesota St, Ste 145 St. Paul, MN 55101 (612) 386-4657 Cell Hello Glen, Please see the attached inspection report. This report was recently brought to my attention in the last couple of weeks. I have concerns with this inspection report and I hoping that we can get things cleared up. The report has incorrect phone numbers 612-441-8554 and incorrect Contact Kelly Anderson ext. 33. I am not sure where this number originated from or who Kelly Anderson is. More importantly and my main concerns are in the inspection remarks: An inspection was attempted om 5/1/14 and upon contact with Marla (me). I have no record of an attempt for an inspection and no record of a phone call about the building. This building has been operated as an extended stay building since 2011. 1 would like to report to be corrected. Can you please assist in this request? Please call me at 763- 633-1400 to discuss further, if needed. Thank you for your time. 7Fiankyou, Marfa Client Relations The Briggs Companies 19021 Freeport Street, Ste 500E Elk River, MN 55330 PH: 763-633-1080 Fax: 763-633-1430 Email: cr(d)thebriggscompan ies.com Please visit our website @ www.thebriaascompanies.com "Where dreams become reality - Let's get started!"