HomeMy WebLinkAboutMinutes �
�
o � '
Certified Building Of�cial
raxelcodeguy(�a,gmail.com
' C-952-217-2307
Code Seminars & Consulting
City Council Meeting
Novernber 18, 2020
My name is Wayne Butt and this is my wife Angi Butt. We live at
7310 Lamar Avenue South. We are the owners of the Historic John P.
Furber Farm.
We come to you this evening on a serious discrepancy,
discrimination and preferential treatment issue between the Historic
Hope Glen Farm and the Historic Furber Farm. Both right here in the
City of Cottage Grove. I asked that you as a Council take action and
lodge an investigation for the following reasons. And most importantly,
we will point out a promises by the City Staff they would take action
and did not.
HAND OU`T EMAILS, SPREADSHEET, DoLI LETI'ER and ROGER'S REPORT
I will try to be brief, clear and concise in what I have to say. I have
been working with the Minnesota State Fire IVlarshal and the
Minnesota Department of Labor and Industry or po�l for approximately
five years. This is not an attack on the Hope Glen Farm, it is purely us
pointing out what the City of Cottage Grove Staff did wrong between
two remarkably similar barn wedding venues. By not enforcing the MN
Building Codes uniformly on two old barns is discrimination and that,
folks, makes it illegal.
Beginning in 2014 we worked with the City of Cottage Grove staff
to build the biggest and hopefully the best barn wedding venue in the
State. It was supposed to be a $350,000.00 project working with
Merchants Bank here in Cottage Grove. After everything was planned
out, we needed to borrow $1,000,000.00 from Merchants Bank and the
SBA to accomplish all of the requirements put in front of us by the
State, County and City. It was not easy, but we qualified for the loans.
One of the many requirements before converting an old barn
from Agriculture use to an occupancy with peeple to an A-2 f�r event
venue where folks consume food and/or beverage, is to hire an
architect and engineer for $30,000.00 to $40,000.00. This is required
for the code analysis on fire safety measures, floor, snow and wind
loads. I could not find these required documents for any projects at
the Hope Glen Farm. And now the City Attorney has claimed out of
nowhere that it is "Trade Secrets". This came verbally as she did not
receive a written letter nor an email. Interestin�...
I then began my investigation with the City of Cottage Grove to
determine how Hope Glen Farm and the City of Cottage Grove has been
going around the MN Building Codes. When I say City of Cottage Grove,
I mean anyone that works for the City and has the authority to make
decisions in their position with the City of Cottage Grove.
Bob LaBrosse while representing the City of Cottage Grove told
Angi and I numerous times that he would shut down Hope Glen Farm if
he found them operating the Pavilion with canvas sides on. He stated
he drives by there every Saturday while going to Hastings, however, still
did nothing about it since 2014. He coded them an A-3 as a church
back in 2008, but never issued a Certificate of Occupancy for the once
condemned barn. The City celebrated at the Hope Glen Farm in
approximately 2012 with over 120+ guests in a barn limited to 99 or
less. And by consuming food and alcohol this would immediately flip
the occupancy from an A-3 to an A-2 forcing Hope Glen to install a fire
sprinkler system.
Folks, I need to remind you that Hope Glen was allowed to
operate continuously since 2008 as an A-3 vs. the required A-2 since
their party or first wedding. The City had a prepared letter prior to a
meeting with Angi and I that they would not change them from A-3 to
A-2. For the record, the Furber Farm was not allowed to open it's doors
for the first wedding without having a fire sprinkler system functioning
and issuing an Occupancy Permit. To my knowledge Hope Glen
operated without an Occupancy Permit for 12 years and may only have
a temporary permit. This is another case of discrimination of the Cities
Statues/Codes not being uniformly enforced.
Timeline:
2015 — 2019 — We were told by the City of Cottage Grove that Hope
Glen Farm does not require a fire sprinkler system because their
capacity is 99 or less. That would be like throwing an occupancy
number on the wall of this room at 99, because if we put 100 on the
wall we would be required to install a fire sprinkler system. It is an
arbitrary number thrown on the wall that is inaccurate! The building
official must measure the floor space. That is why a code analysis by a
licensed architect is critical for all to see. I reviewed the Hope Glen file
and found none. In fact, I could not find a Certificate of Occupancy for '
them making it most likely illegal to host an event in the structures for
the last eight years. The City most recently issued a temporary
occupancy permit to keep them running, where they would not even
issue one to the Furber Farm until the fire sprinkler system was
installed, inspected and functioning.
January 21, 2020 — Angi and I met with City of Cottage Grove.
Mayor Bailey, CM Steve Dennis, City Administrator Jennifer Levitt,
Ben, Fire Marshal, BO Robert LaBrosse, Public Safety Director Pete
Koerner, Fire Marsha) Steve Zaccard and missing was the City Attorney
Kori Land. Representing the Furber Farm was Retired MN Building
Official Roger Axel, Angi Butt and myself Wayne Butt.
I described every detail of the discrepancies, discrimination and
�referent�al treatment the City of Cottage Grove held between the two
wedding venues here in Cottage Grove. The meeting went for two
hours with no recording of the event by the City, as all meetings while
on Council were recorded. At the end of the meeting, the City handed
us an already prepared letter that Hope Glen Farm is coded A-3 (as a
church) and they will not change it. However, Jennifer Levitt and the
Mayor promised Angi and I they would request DoLI to come down
from the State to review (investigate) and whatever they say we, the
City, will do.
Also in this meeting I pointed out the City of Cottage Grove
celebrated a holiday party at Hope Glen back in 2012. They were
served food and alcohol at this party making them A-2 for a venue.
However, the City overlooked it and let them continue for 8 more years
as A-3 instead of A-2. Jennifer Levitt insulted everyone's intelligence in
this meeting stating an attached lean-to is a separate structure where
the food/alcohol was served. Separate meaning a team of elephants
could pull the lean-to down and the barn will remain standing?
Meaning there is a 2 hour burn wall between these structures, because
in the code book this is one continuous structure that just increased
their fire area and requires a fire sprinkler system.
How is it the Furber Farm spends $1,000,000.00 bringing an old
AG building up to code for A-2 occupancy and the entire packet of
permits at the Hope Glen Farm is barely scratching $400,000.00 with an
old AG barn from the 1860's that was condemned, a new pavilion, tree
house, corn crib cottage, garage for generator, garage for living
quarters, apartment above home, outbuilding for mother-in-law and a
groom's building. Ben Boike and I spoke of this at great length in that
Hope Glen Farm continued to do things to make their property more
attractive, however, the City failed to ensure that each structure was up
to code. If $250,000.00 was spent on the corn crib cottage to appease
the ADA requirements in order to build the $350,000.00 tree house,
why was the barn and pavilion not brought up to code prior to issuing
any additional permits? If anyone is doing the math, that was
$600,000.00 worth of new construction! And the Bushilla's are
reporting that having to put the mandatory sprinkler system is going to ';
bankrupt them. Yet, the City did not make them come up to code with
the mandatory fire sprinkler system. I feel like the City is attempting to
sweep things under a rug. Unfortunately, it leaves a trail for folks like
me to find. Furber Farm was not afforded this luxury and the Furber
House built in 1871 still deteriorates as the years go by because the City
forced us to do the infrastructure requirements for an old AG building.
Come on over and we can show you what our current $2,000,000.00
investment looks like.
The precedence the City of Cottage Grove set for the Hope Glen
Farm cascaded and multiplied to almost every barn wedding venue.
The Bushilla's appeared to have shared their secret with all of the barn
venues around the State on how to get away with running a wedding
venue. An A-3 occupancy for a church vs. an A-2 for reception venue.
A pavilion with just a roof until the inspector leaves, then the sides go
on, heat and A/C goes in. It's a pole barn engineered for equipment
and not people.
February 16, 2020 -
A three page letter from DoLI on everything Hope Glen had to fix.
Please reference that now and the discrepancy letter from Roger Axel.
DoLI calls out the Barn, Lean-to (that is, by the way, attached Jennifer),
the pavilion regardless of size. They even saw that a licensed architect
and a licensed engineer were not used. The Furber Farm and other
compliant venues spent in excess of $30,000.00 to pay for this before
construction even started. By March we are told by the Mayor, Staff
and the Attorney they would see to it that Hope Glen would fix the
issues.
July 17, 2020 -
COVID struck and we expected the Hope Glen to pull permits and fix
what was wrong. I reached out to the City Staff and Ben told me the
Department of Labor & Industry approved the City's plan for the Hope
r^1...., ..,., .. .�,+ .�n r►ct� � ro cn i A C\/Cf'A � P al P("'� a ('�
viCi� r�ai iii �� �v� h�vc tC I����a�� u fl� � �NI"��1�:��t' �rJb\rl"Y?. �?'1�.�..�. �?�.
spoke with DoLI and they did not approve the City's plan. Remember
what Roger Axel, Angi and I told you folks, they are not the
enforcement agency because we have local code officials.
Emails from City Attorney Kori Land asking me to stop harassing
or to leave the elected officials and City Staff alone. This is an email
from back on February 21, 2020 as I was starting to discover the issues
at City Hall. "Going through the City Council or going directly to Staff
creates an undue burden on those parties. As a courtesy attached you
will find DOLI's letter of recommendations. DOLI has certain powers
and duties, among which are adopting rules, coordinating with
governmental agencies and recommending changes in the law to the
legislature. They are not an enforcement arm of the City. Their
recommendations are just that — recommendations." If they are just
recommendations, then why did the City agree to enforce their
interpretation to Angi and I? Why did Ben and/or Staff tell us that DoLI
approved a plan over at Hope Glen Farm without a fire sprinkler
system? How is it the City worked so mysteriously with Hope Glen
Farm to avoid following the MN Building Codes, but did not do the
same thing with the Furber Farm? This is discrimination and is against
the law. Kori Land as attorney should have advised each of you of this.
Kori Land then replied to an email through Ben in July 2020 with
"Trade Secrets" so that I could not review them. I have seen most
every plan of every barn that is our competition, yet now they drop this
bombshell on the mix. Really? This action by her is uncalled for and is
most certainly a stretch of the imagination. What you are saying is
"Wayne Butt" cannot see them, but let's bring them out here right now
or by the end of this meeting and put them on the table for someone
else in this room to see them. I am calling your bluff Kori. We both
know that was to prevent me from seeing. I've reviewed the files on
my closest competitors without issue. This is Public Data and we, the
public, have the right to see it using the City's data practices request,
which I have submitted.
I know that none of you in this room are anymore of an expert
than I am in my years of researching these issues. So, I ask, scratch
that, I demand you lodge an investigation into what I have presented to '
you this evening and perform the following:
1. Taxpayers — For the record — Jennifer Levitt, Bob La6rosse and
Kori Land do not live in the 55016 zip code to pay taxes when
something does happen at a venue that has not followed the MN
Codes and Statutes. The League of MN Cities will pay the millions ,
of dollars in settlement fees from a lawsuit and we the taxpayers
will have to pay the increased dues back to the League of MN
Cities. If every 35,000 taxpaying individuals unanimously agrees
with having an unsafe venue overlooked by the City Staff that has
not followed the State's building codes, I will then call out
"Mercy". For now, you folks are not getting away with having an
unsafe venue in our City that you have clearly demonstrated there
is dereliction of duties, discrimination, and preferential treatment.
• Liabiltiy — Negligence in a court of law is paid out in the millions
of dollars. We have building officials exposing the City to this by
their not enforcing the minimum provisions of the State Codes if
there is a disaster at one of these sites. All it takes is one event to
be forever remembered as a disastrous fire that killed and injured
a specific number of people. For example, The Station Night Club
fire in Warwick, RI back on February 20, 2003. Nonfeasance is
not a valid defense. A breach of duty by the code official, such as
not requiring a sprinkler system to be installed in a building
where the code requires one, opens the door to potential liability
to the City of Cottage Grove. The legal settlements to victims
wut.iiu� uC Ciiui�riuUS. T�ie nlg�i CIUD Tlre LClat 1C1112d 1UU S2t�IC'C� tOt"
$250,000,000.00 in 2003 that is $353,000,000.00 today. Is that
enough for the family? Do the taxpayers need to be held liable
for dereliction of duties, discrimination, and preferential
treatment the City Staff makes? I would hope not, but let's keep
them informed.
2. Senior Building Official Robert LaBrosse - Terminate employment
for his dereliction of duties as a City Building Official. Angi and I
should never have had to present these finding to you in this or
any other forum. Coding assembly use buildings as A-3 for church
use and not A-2 for event space. The DoLI letter and Roger Axel's
report point out the numerous deficiencies in job performance in
the plan review, inspection and documentation (the paper trail)
process. The State of Minnesota has adopted by reference a set
of national model codes that the City of Cottage Grove is
obligated to enforce. The State Building Code is the standard that
applies statewide and supersedes the building code of a
municipality.
3. Hire a 3rd party Building Official to investigate the Hope Glen
Farm and Furber Farm. We may want them to spot check a few
more files.
4. City Administrator Jennifer Levitt. DoLI was requested by you.
They came in and made a determination in the attached letter
from DoLI, yet the City Staff worked every angle possible and still
to this day prevented them from sprinkling the barn, pavilion, tree
house and corn crib cottage. Interpretation was made by Do�l
and still you and your staff have failed to bring them up to code.
Jennifer Levitt stated "Angi — we are going to get an answer from
DoLI, we'll get their interpretation and we will enforce whatever
they dictate to us, that is our commitment". If you cannot
perform the statements you made and duties assigned to you,
please submit a resignation (etter so the City of Cottage Grove can
get someone in the hot seat and perform their duties to the best
of their abilities. Remember my statement to you when I sat on
the City Council — if there is a problem — you better have two
solutions. We have a problem and I have come up with two
solutions - One is for you to resign or Two you better hold true to
your words and execute precisely like you had stated.
5. Fire Marshal Steve Zaccard — You took an oath of office and it is
your obligation to ensure the safety of all people going into a
venue. If you see something not safe and not to code and there is
critical violations such as no required sprinkler system to code, !
you must do your job! This is not about financial convenience of
an event owner. The MN Building and Fire Codes were put in ;
place for a reason. It is your job to perform swift and corrective
actions. There is no time for debating or interpreting, the State '
can be your resource as it has been for me.
6. City Attorney Kori Land — I ask the Mayor and City Council to
thoroughly investigate what you have forced Angi and I to do
above and beyond your faiied attempts asking me to "go away". I
am as stubborn as they come and i will not be swept under the
rug. You owe it to the City of Cottage Grove, the residents and
especially the taxpayers to do your job faithfully and without
malice. I am calling the bluff, produce the signed engineer's
drawings and architect's drawings by the�end of this meeting or I
am demanding the City of Cottage Grove to ask for your
resignation.
7. City Community Development Director Ben Boike — You were
hired and put to work during my tenure on City Council. You have
been thrown to the wolves. You and I had conversations and we
tJOtn iCt10W SOt"T12if11Clg iS VV�o�� wli�i i��i5 eiiiiiC �i��ia�ivii i'ici2 a�
City Hall. All I ask for is your honest and true transparency on
what has been going on here and not to hide behind the City
Attorney. This goes back to 9-11, if you see something wrong "say
something". I have been chasing this for way too long and have
wasted too much time and energy on a situation that I should not
have had to do if all of our City Staff just did their jobs to the best
of their abilities. Instead, Angi and I have pointed out all of these
deficiencies and yet you still send me emails that everything at
Hope Glen is okay. It is not and we all know it. In fact, we all
know it because this meeting is being recorded.
I have a packet printed for each of you, the local news officials and a
Google drive with all of my notes, minutes, and emails.
Mayor and Council Members — Angi and I are not the bad guys here.
We did everything that was asked of us and we did it right. The City has
been upset with us since our meeting in January 2020. This should not
be the case and it would sure have been nice if a "thank you" was
extended for bringing this to our attention. It just goes to show that we
"rocked the boat" here. Something is most certainly wrong and it
cannot continue like this. Angi and I have worked too hard for what we
are doing in Old Cottage Grove for this to continue like this. I '
addressed Kori Land with an email to each of you bring this to light on
March 9, 2020 with my "No Mercy" email. I had quorum in my emai)
and I now have quorum in this meeting. Please have these issues
investigated and share with the public your findings. We, the City of
Cottage Grove, is at risk and there is only one way to fix it! Follow the
MN State Building Codes like the Furber Farm had to.
� H
i�+
_��,�• L�. 0 C � � � �
,, fC � 0 � ++ �p C
'. � � G v " O � �3 v
� � � v � :n � 3 L � �
;:o `^ ° � � � s o � c "" o � '
� T
v
;:� >- co f0 .'_^ y � � @ � � o
+� o v 3 � � v '3 3 v o � � �
-.,�n C O C �n � O � N L OA v�'i 41 p�p
h0 N C ' O. G) G. C f0 GJ � N `+� �0
� O ++ a'' N
' C � •� v �V v O� 'p � � G a. �. �'+
`'; 3 d � � � " X °' m ,� v '�, �; v; �° � u°
= `�° E c°� c � m �. °J °.' 3 M1. c ,^' v '= = c o� c.
_° + � ° oa � � o � o � Y � c ' � � c � v
. 'G � ,� �' c 7t o +. v�- o '- v p . $ a� v � �o c c
+'' v °c c �n �; o -f0a .5 � � 3 �'' "" � �a W W � v +' ai `o
v, c
:` y � � � � � � v h 'au v � � > > Q Q � c�c � ca0o V
:. �p C O O �C v O ti vufi i'' GCJ C � � C C N N � 'O v c�9 C
:. c� a�i � Q' c��o a o c v` � o � o v o v c c '^ °1 3 �� �
c o � u s u P 4. � a� 'a o
vi, o 0 0 '� r`o � N '� c�°a o 0 o�a � � o � +� *� o c,°� v a�°i o'
W C \ N > 3 O � � d � �'' ++ O O t� t y t
!-' C 'C � H � � .0 C � O C O y,, � C C G! ++ O
O.: m c � .°o o ` � � o � o N o � o � � � 3 0 *' —v a�i
Z;u ca m m c � oo . ++ c� v.. .-i c� a a � u u I— c'�'n °c w �=
�'
4-.
u:=
w`' �C �G �C �G �G �C �C �C �C �C �C �C �C �C �G �C > >C �C �C
�:
iu;
a
O'
_:
�r
:cc:
�
> > > > > > > > > > > > > > > > > > > >
�'.
W.;;
m=
�:;
�.
4G=
!'�
r;- N
_: �
`. �
a+
: a
u
� �
L �
�
. .��".-. � V V
C � � �
� �
i�+ L
N �
;.�.. V � � W .
4- � �, d0
'�' f0 O O C. Y .
N �
u �= C CJ N �
� �p ,3 GJ � � C.
uf v "C � �, C �p
" -p a�. C pp G O � U
`.'; � � � � � � � � H �
°' ° ? � '� � o o v °i $ � �
' c c
� y Q @ � N � C f0 � � .0
� C 'C � vf i C u p, L y�,� O QO
i 3 �, ° .� '^ a. � 3 � � � H ° o'
: :° = N c �o
'-o u � � f° � � � � - „ c°� � 'an E �
y o � �+ ,o '� � ca E *'
`` c � _ o � � E ,0 3 v E � u o a@o c�"o
� <•�° ,n f0 0 '� N ` ;� °c a�, a, +� c°� � � ° 3
a v
i o a�i c � c v `� � °? *f0' + I� � � vo- � �
' G t' ` C f0 � � � 7 N � N Gl C 'D —
� � ; a�-+ O. � � d O 'O '++ C � N 3 W .G C y � ..
V1 f9 �. VI Q � � �' GJ H � � � = f9
� '3 c � ° v c = v a � o m °' � a X � v � � a3i
i •� ` � � cv E c I � a a� u � � v
v~i' �'+ � � � 'on a v i� o v �, a° v m °� � a c ` � 'L
� +; � v a°Ji c � a N '� � en .0 � y � o .� a � o .c v
�f w v u ` C ` .a ` � � ++ V
' N � � � .0 _ � I �,�. � v +� u E U v E Q' H N �o W a�i
< Q � c E.. c �> � � a°'i "_ :� o a� � o > .� o � aci �a�i � �
�
1�- Q o w i� � u cn 5 v� LL W a c� = i— c� ii C7 w Q a
E '
i '
f� -1 F+ W f� 'G p N f'f 'r1 ,n = � 'O .'O 'r: �
�v G1 � G1 3 = -• oo r m -+ � � -: d w v d o � y
� o � � o, °c � r�u o C' �, � N n' � � � a '� �c ° v s
p d d � � ? m � ,� � d �u �
N N � � -ni � W � n G Ca. p�j � O d. C�C 03C � �. �
�. �° � oo � d � � ' �` ° � o o ' � 3 � c c � '� o
_ �
�p < f0 y � o � vt �, -+ > > ^�" � � � � � � c
3 � � � � � a' R+ O r'�c f a r`u °+ ='' N N rc' � m
� d ,n � a°1v � � �, ,�' a m �' � 'o '� ' �
� w c �« � �c 4� � � � �o � o o � fD ,�
QJ � d y � ;Z 'O 'C n Q 0 C IA IA
,'�., � �. p� -' C1 N N O O �
f�D � � C � � 17'I. n (�D f�D � 3 � � � 7
� n �n e�r ,�� r� ,� �^ p, d N � 'O 'O pq
N y� „�fi -h _ ��� � 6! � � d -�i � d
� a�a 3 3 �' �' �, ? � � °- � �' °�'
fD � � �� � �' � � � � � � � �
3 — — c a -- ., a � m a
<' < v � > > a v�, � u u o
� �' � v �, r,; �, a N n�
ao co rc � u+
`t � n' � � o � u, u+ �
�' c c `^ ^r a = 3 0 � o 0
�
�• d d -�1; � p � p rt c c �
.n � � �A c � � � V �n v+ �
e�i � � D = °° �c °; �
� rn a N o � a
'.
" � � _' � o
° � � a �
A' =
• (p
C � � d
�' � � �
� � Q
-G�i f?D p�l h ��.
S
�
N = O
h 0 �
t�D
0 0 0 0 0 0 0 0 0 � �t t < < < o < < < <
�c �t �t �c >c �c �t >c �c �c < < o o �c � o �t �t �t
r' c .o c 3 � � 3 � 3 3 3 � 0 3 � o °, .a o
� � � n; � � � � �• � � � _ � � � � � � �
m c�Di o > > >' �' o > > > � w � _ � �
� -, ua oo ao ao � av ao uo o rt = � � � �
� � ' d d d
�; o �' i e�i n n � n n � c n, � � � � �
a � �' � s s T � s S T � �' — � Q' a
(p � i�4 e�F rF e* N� e? rF eT (D C
G fD (D fC f0 (�q (D (C fD � 'O � fD � tn d
0 3 Q, � `� � � � � � � y > > °' °' � a
� n .� a a a a a a a � � � � Q, �, o
� G1 • d d d d d d d
� '* ", -+ a Q- �' o
_' ff � f � f � � f � � d � � �* � =
m 5. `" �' > > > > > > > � f� � � °° �
� a � v� v� oNa oNu a�No u� o� � � � X � � ,n
� � � �
° � �e m ro m r� m m -+ �+
> > > > > � � f o
� o a_v ao aa oa oa oo w N m o °; a m
� •�
�• m � c�c � m m r�c � � '`' � °,
m m m m m m m o- '* =
m � ., � � -, -, -, -, .fi
� �. o n+
{� �n �n N tn in cn O
-h �} '+ �rt '+ rh '+ rr -� O �
r4 Q W
� 3 `o v v ;,c � ;,o � > >°
� � <
o � O O O O O O O � �
d
C '
O
'D '
�
J .Y � '
V �
y 'C �C
c � �a
o �c 3
a�
� � c
>
�o �n •-
s o Q
—'' 3 ,� �
c +� �
o a .� �
�
c t� � �v
N G — y=
C. � ,C �
U '�'� � \
fC tlQ aN. C
C C � —
4= G�J � •�
'� � � (V
41 � y�
� � � C .fl
3 !^ °' 3 N
� a,
F— oo V= Z N
�c x '
0 0
0
z
o'
p.
Z
O
�
�
�
Z`
�
U O
f0 �
C. y yWj�.��:
a�. � Z
4= 0 C7''
G � Z
O C) W`
— GQ J`.
� ,� � �.
(d �L
a m v',
i
DEPARTMENT aF
� LABaR AND INDUSTRY
Meeting Discussion and Field Review Findings ��;
Mr, Robert Labrosse, Building Official February 12, 2020
City of Cottage Grove
12800 Ravine Parkway South
Cottage Grove, MN 55016
Location/Venue: Historic Hope Glen Faim, 10276 E Point Douglas Rd. S.,Cottage Grove, MN ;
RE: Place of Public Accommodation-Building Code Site Visit Observations
Dear Mr.Labrosse,
Thank you for inviting us to your city on January 31 to discuss and visit the site at Historic Hope Glen
Farm.Below is a summary of our discussions,observations and recommendations:
Discussion:
1. Pavilion Discussion:
a. Open air pavilions are defined as buildings within the state building code as a"structure."
This is further supported by the definition of"building area"which includes all space
located under a roof.
b. You stated that the city may have approved a pavilion for an A-2 occupancy without the
required fire protection systems in accordance with Minnesota Rttle 1300.0110, Subpart
12 given:
i. A specific size, '
ii. That the structure is completely open on all sides allowing uninhibited means of
egress in all directions.
iii. However, we didn't see the details of any action granting approval of an alternate
recorded and entered in the files of the Department of Building Safety,
2. Lean-to Addition Discussion: You stated that the city may have approved an open-air lean-to
addition to an existing A-3 occupancy for an A-2 use without the required fire protection systems
in accordance with Minnesota Rule 1300A110, Subpart 12 given:
i. A specific size,
ii. That the structure is completely open on three sides allowing uninhibited means of
egress in all directions.
iii. However, we didn't see the details of any action granting approval of an alternate
recorded and entet•ed in the files of the Department of Building Safety.
3. Existing building(barn)discussion: The initial proposed barn use was A-3 for ceremony purposes
and did not include food and beverage consumption within the building. As an A-3 occupancy,
the building did not require automatic fire sprinklers to be installed because the size and occupant
load were under the threshold for sprinkling in accordance with the Fire and Smoke Protection
chapter of the state building code.
4. The venue owner/operator has changed the use of the A-3 occupancy to A-2 and altered the
443 Lafayette Road N.,St. Paul, MN 55155 m (651) 284-5005 e www.dli.mn.gov
An Equal Opportunity Employer
Page 2
openness of both the lean-to addition and the freestanding pavilion by adding detachable fabric
walls installed with twist locks from the exterior side, The building official must determine
whether the altered conditions violate the terms of the initial approvals listed above.
5. The change from an agricultural building to an assembly occupancy changes the structural risk
category per IBC Table 1604.5. The barn should be evaluated by a structural engineer to ensure
that it complies with the requirements for vertical and lateral loading.
Site Visit Observations:
l. Pavilion:
a. The space is not equipped with an automatic fire sprinkler system or egress illumination.
b. The pavilion is enclosed with fabric walls mounted to the columns and overhead structure
with thumb-turn clasps mounted on the exterior side of the enclosure.
c. Exit signage has been added indicating three exits.
d. One exit discharges to an open field area, The other two exits discharge to a confined
space bounded by other buildings and a non-compliant stairway with only one non-
compliant handrail, There is not a clear and discernable path to a safe dispersion area on
the north side of the pavilion.
e. The floor space within the pavilion is filled with long dining tables and chairs having
rninimal access aisle width and minimal cross aisle access to the exits. Crowded
conditions within the pavilion,fixed fabric walls, and the lack of a sprinkler system create
a hazardous condition.
2. Lean-to addition to the Barn:
a. The space is not equipped with an automatic fire sprinkler system or egress illumination.
b. The lean-to addition is enclosed with fabric walls mounted to the columns and ovet•head
structure with thumb-turn clasps mounted on the exterior side of the enclosure.
c. Exit signage has been added indicating two exits.
d. One exit discharges to a confined space bounded by other buildings and a non-compliant
stairway with only one non-compliant handrail. There is not a clear and discernable path
to a safe dispersion area,
e, The lean-to addition has a large overhead door opening to the barn allowing food and
drink to move freely between the spaces.
3. Historic Barn:
a. The space is not equipped with an automatic fire sprinkler system or egress illumination.
b. Because the space is contiguous with an A-2 occupancy(bar in the lean-to addition)and
not separated, it is also classified as an A-2 Occupancy.
c. The main space has thr•ee means of egi•ess,two of the three exit tlu•ough the lean-to
addition.
4. Accessibility for the disabled:
a. Exterior accessible routes are not permitted a slope greater than 5%(1:20) Since the
facility is only available to the public during the summer,a Code Modification per
Minnesota Rule 1300.0110, Subpart 12 may be an acceptable alternative,but you will
want to have it documented. The ramp from the pavilion up to the level of the public
restrooms is over 5%.
b. Handrails,handrail extensions,guard rails and edge protection along ramps must comply
with the related requirements along accessible routes.
c. Hot water and waste plumbing piping within the restrooms must be insulated to protect
from scalding.
Page 3
d. Sites, buildings, structures, facilities,elements and spaces,temporary or permanent, shall
be accessible to persons with physical disabilities.
Recommendations
1. Pavilion and Lean-to Addition:
a. Require an automatic fire sprinkler system and egress illumination in each.
b. Require an architect to design and certify a means of egress system to compliant areas of
dispersion. This plan should locate and sign the exits appropriately and provide a
furnishings layout to ensure adequate access aisleways and cross aisles per the state
building code.
c. If sprinkling is provided and an approved means of egress is provided, fabric coverings
over ancillary open sides of the pavilion or lean-to addition should not be a concern. '
2, Historic Barn:
a. Require an automatic fire sprinkler system and egress illumination for the space now used
as A-2 occupancy.
b. Require a structural analysis by an engineer licensed in Minnesota and make structural
improvements as necessary.
c. Ensure that all means of egress have a clear,unobstructed and discernable path to either a
public way or safe dispersion area.
This is not an all-inclusive code analysis,but rather general observations and answers to specific questions
the city brought forward at the meeting.
Sincerely,
�
�`'�
CONSTRUCTION CODE &LICENSING DIVISION
Greg Metz,Building Plan Review Supervisor
Cc: Scott McKown,Assistant Director, DLI/CCLD
July 3, 2020 ;
Hope Glen Farm
10276 East Point Douglas Road South
Cottage Grove, MN 55016
The following items are observations of various discrepancies of requirements required by the
MN Building Code for the issuance of building permit number 2013-00423 to Michael/Paula
Bushilla by the city of Cottage Grove, MN, on 03/25/2013 for construction of a "New Open Air
Pavilion" at the above noted address. The permittee originally noted that the pavilion would be
used as a private gathering space for religious gatherings, Cottage Grove Planning Commission
meeting minutes on 9/24/2012 noted that the Bushilla's proposed to offer weddings on the
property to increase revenue to maintain their historic property.
Comments in this report are based on city of Cottage Grove public record documents relative to
the issuance of the building permit and use of the building and do not address any planning '
and/or zoning requirements of the city of Cottage Grove. '
Review of the public record documents submitted by the applicant identify numerous violations
of the MN Building Code (MBC)that were not required as part of the application and
construction approval process. Specific code references will be noted with the code section
nurnbers noted in parentheses [xxx], The approval of the permit application, as well as the
approval of construction deficiencies, indicates a failure by the building official to enforce the
provisions of the MBC [1300A110 Sub. 1], which establishes minimum requirements to
safeguard public health, safety and general welfare [1300.0031 Subp, 1]. The failure to require
the minimum MBC provisions creates a special class of persons (the property owner) that
benefits (financially) from not having to comply with the minimum provisions of the MBC.
There are numerous errors and discrepancies in submitted documents that I will not spend time
commenting on. The focus of this report is to the elements relative to occupancy classification
and occupant loads for the new pavilion that will be used as a gathering venue for "wedding
ceremonies, wedding receptions, wedding elopements, corporate or private functions, birthday
parties, baby showers, company picnics, family reunions, award ceremonies or any type of
event" as advertised on the Hope Glen Farm website. A second focus on the Barn follows.
�
�' "' ����� �� _
�
:� .t�
:,�-�� _ � d;-�.
- k � ��.
�
�..���'' � �
� =rx
�
- - "�
:�rt ��,�r'� 'i�" �
Hope Glen Farm
Page 2
The Pavilion specifications are:
• New construction. Built March 2013
• Post Frame Building (Type VB construction)
• No automatic sprinkier system installed,
• Main floor area within main exterior column lines is 2160 sq,ft.
• Exterior porch areas on west and south sides of building under extensions of shed roofs
over portions of main building is 1152 sq.ft.
• Tota)fire area for structure is 3312 sq.ft.
• No construction type or occupancy group classification noted by design engineer of
record,
Aithough no official Occupancy Group classification is noted on the permit or construction
documents, I belizve the buildi�g�fiiciai ci�ssir'ied the building as an Assembiy Group A-3 for
convenience, as a political decision, so as to not require the installation of an automatic
sprinkler system for the benefit of the owners. The sprinkler system would protect the general
pubiic attending events at this site. The base requirements between Group A-2 and Group A-3
occupancies is where the building official made the principle error that affects where an
automatic sprinkler system is required,
A sprinkler system is required where one of the following conditions exist:
MBC Section Group Fire Area Occupant load Fire Area location
903.2.1,2 A-2 >5,000 sq.ft, 100 or more On floor other than
level of exit discharge.
903.2.1.3 A-3 >12,000 sq.ft. 300 or more On floor other than
level of exit discharge.
1. MBC Table 503 allows 6000 sq.ft. maximum building area per story for both an A-2 or A-3
occupancy built of Type VB (combustible unprotected) construction.The building meets the
requirernents of Table 503 for building area.
2. An A-2 occupancy includes banquet halls. (Section303.3)
3. An A-3 occupancy includes community halls, dance halis that do not include food or drink
consumption. (Section 303.4) Written communication from the owners indicate that food
preparation/distribution and beverage distribution would be by contracted vendors. Site is no
longer an A-3 occupancy and is now an A-2.
Hope Glen Farm
Page 3
4. The function of this building more closely resembles a banquet hall,which is a space rented '
for a specific event where participants gather for assembly purposes. A community hall is '
typically a facility owned and operated by a municipality.This building is privately owned and
operated.This building is not a dance hall, although dancing occurs during many events, but
food and drink is also consumed during events.The Hope Glen Farm website shows numerous
photos of dining tables set with dinner cutlery place settings and wine glasses set.
n,�' �`I i ;
II v� �
�;�
. �
. v
� ' �;�f�
� �. ,�. _: ;. � �
`�� i�� � ,� -
��• ,:�, "��-, � `�.
�
. ��� 1' �'
5. Definition of fire area is defined as "the aggregate floor area enclosed and bounded by fire
walls, fire barriers, exterior walis or horizontal assemblies of a building.Areas of the building
not provided with surrounding walls shall be included in the fire area if such areas are included
within the horizontal projection of the roof or floor next above." [Section 202]
6. Total fire area including main building and porches is 3312 sq.ft.This is within the allowable
fire area for an A-2 and would not require a sprinkler system based on fire area only,
7. MBC Table 1004.1.2 identifies the occupant load factor, in square feet per occupant, for an
assembly use based on whether the floor area has fixed seating, tables and chairs
(unconcentrated - 15 sq.ft./occupant), chairs only(concentrated— 7 sq.ft./occupant) or
provides standing space only(5 sq.ft./occupant). '
8. With tables and chairs only,the occupant load for the main floor, including the porch areas,
would be 3312= 15 = 221 occupants. Classified as an A-2 occupancy, a sprinkler system would '
be required in this building. If any of the floor areas were used for chair seating or standing the
occupant load would increase significantly.
9. Every room or space that is assembly occupancy shall have the occupant load of the room or
space posted in a conspicuous place, near the main exit or exit access doorway from the room
or space. Posted signs shall be of an approved legible permanent design and shall be '
maintained by the owner or authorized agent. [Section 104,3� The Pavilion should be posted '
with a maximum occupant number of 221 using tables and chairs. '
Hope Glen Farm
Page 4
10. Email dated 3/12/2013 from the Cottage Grove Building Official to owner (permit applicant)
contains a list of items that need to be addressed prior to issuance of the building permit. item
#4 specifiically states to "Post the maximum occupant load of 308 in a visible location within the
open air building." The pavilion is already in violation of Section 903.2.1.3 of the MBC by
classifying the building as an A-3 occupancy with a maximum occupant load of 308 persons
without a sprinkler system installed. The reply email from the owner"acknowledges item #4
and will comply before occupancy."
'�t�s�.::�`-- —
�rtra;� � —` --�-�
&�.silk�i '�-� �:�.. ��;
,.fiC�k` 7�+�pq�.at�rsi.+kmlakkY'en � �_ � �
�i1� ,�Nirrn" . ,y"'..- `.^. ..i
..C�t- b � M""',, ' _ ^.�*.'^' _ .-r"
=^(iEf�i` _,�°I�.iYf+i:ARn�Yl+a�v!�'..i
�,1rR�+erw'ri�i�'+r�v4rt�.e.Wwrua�iF�.+�*uatfi+s�col*aE �* .��.
--�-�,,-.�� v�R�[��'r�gunStWr��+:ian�aRtat�C"l�u�-+�vawtankq .
.,-a.,-,a-' 3�Kk�'r�w�fif.^.E��+.'�t�..aift�,vn�iaa tlYFas��n�Ae -��.: . .<
�£�".7�""-`er�bse.reamkirdJsemu�6v�emu�� Rraauieayv.i�'ea Nw7�9Farthr(�wFi '.
�4etc'�7C.F�e � t'��ht#�[:IC�._� -;��•. " .,,�`,:..`�.z:
. .' �stw��w,i�asklnk3M7t7vl�tteWridSn. ,�a�na�'cF�r�-��- _ '�-�^�
.�.7�f�v+�,Taa��/4P�+sa+xi3'�"'e�r-���
' ��_ lEr"2�#'�SF�i511iik�Ct��cSt�°hi�`�}(a'pv.ik �4rcGr�e�"m � _
esYre�t�,f,�o�"ik��veY�dl+"�iYr-aiKikv}.Ffiei�ivN��. �
F�R%.��1#�'4fC14i1�R�(qp.41kfi11};f-Ya�'�ip'YffS���,.�i[ii�q'�:"" '�
��[��tarr�°"�€.�r'��' ��:�lfn�cili�at(►t�i�/�dfhFtxut�'i�'�oa+�.aTi&�wne,e�'i'n�� �
,�'�+Xiz"�t��"d7}�ia"��iwr`-erew�`au�tz+�x(��Y�`Y�ii��iAav��iw,r�i.�rr
Yf��f�;"i�rleE"We�a�4k�.*�lt�t"�p`tkrS.dAa+Yv�u�u`i�t;yadt"ac'�'oatt�+r.r"-ha��� r3�',.7hi» 5
� � t F 3t
�": '�i{hF914•�iF�s64r3+4waeeqiWlwm/5+6Yrpfix�I,N�lIi�Wldttpl+IFlWci 19tv+ieJidaU N .
1C v...LsectRi�t�1Nl%kllut�EtckW.dlvuwn.a�ra�rSS�s'��.�+t`pkltrti sip�4hrimtuHnvlfu�$A�; �
i��?'����trarixnoac�riue,uw+rNa'P��c�.w+Arr�`4c��iYut�lraaa��„�iicUmr�4� ;
6ti�`6m&daa4ic�e�. �- '
�L�rn�.au�r.�eFY�,,p�t�n.ttti�urw�e�.cei�kMa3'�'�e��e '�' � '
6��mn 4S�AX�e���.'�-..�-r„w��,�5,.�1k'fsatAat��. U4a����`�i�q�btar�le(s<..
��_r�rr�sL�'elf�ef`�t� ,t�...,:. � �����'�'" �'. ";�,
'�� �ra�� � 7�[ m�
`��v-�.."`�-,.. � �:` �
Si7r. .�,�..w` '�` �' --"' �-
�����
=�.� ==v �..
�
�-�_
. . -�„ � "�"",-��"`_�
. . `�..-',�
� �� � 'c�-�4���'��.
-,...`'.. -� ��t
� � =��� .�.0 �����-^�r_"� "�� �
• '�,` � ,a, �' � 's
m
'�.._ � �.-'�'°.� � �_�.�„� �
11. The potential hazard of not having this building protected with an automatic fire sprinkler
system is increased when the pavilion is enclosed with curtains along the perimeter of the
pavilion.These curtains are secured with small turnbuckles attached to the perimeter columns.
These curtains supposedly have been treated with a fire-retardant material complying with
ASTM 84 for Flame Spread 76-200 and Smoke Developed 0-450 ratings, which would help in a
fire situation by lowering the flame spread of the material but really does not make any
significant difference in providing fire-safety to the occupants. When the curtains are closed
around the pavilion, this creates an enclosure that will contain smoke, the same as rigid walls,
and accentuate the need for the sprinkler system to be installed. With the curtains closed,
occupants no longer have free access to exit the open-air pavilion in all directions and now
must use identified exits. Illuminated EXIT signs and emergency illumination would be required,
None of which are visible in any website photos inside the pavilion.
Hope Glen Farm '
Page 5
ul� ��,��, , ,
- � � �-
' r���,�r
�
The second fire sprinkler issue on this property is with the Barn, which is also used for wedding
gatherings.
The Barn specifications are:
• Existing building.
• Post Frame Building (Type VB constructiony
• No automatic sprinkler system installed. ;
• Main floor area 2400 sq.ft.
• Exterior deck 128 sq.ft.
City of Cottage Grove records indicate that building permits were issued only for foundation
repairs(#0100848 issued 6/26/2001), roof replacement (#0203037 issued 9/11/2002),
insulating the barn (#0600170 issued 3/3/2006),fireplace (#0601485 issued 9/13/2006),
deck(#2012-010338 issued 6/8/2012), and a certificate of occupancy(#2012-02750 issued
3/8/2013). There appear to be no permits issued for interior renovations of the barn.
Plumbing permit#2012-02692 was issued on 12/5/2012 for a bathroom in the Party Room,
In March of 2006 the original documents indicate that the barn was to be used as a gathering
area for"Bible study" serving no food or alcohol within the structure and was assigned, by the
building official, an Occupancy Group classification of A-3, which include places of religious
worship. There is no floor plan in the property file indicating how the seating arrangements
would be executed for the Bible study groups, With movable tables and chairs
(unconcentrated-15 sq.ft./occupant)the occupant load may be 160 occupants. With chairs only
(concentrated- 7 sq.ft./occupant) the occupant load may be 343 occupants. As an A-3
occupancy an automatic sprinkler system would be required with 343 occupants. ;
Hope Glen Farm
Page 6
In October of 2012 the City Council approved an amended Conditional Use Permit to include
the barn to be used as a wedding and event venue. Changing the use of the barn from a place
of religious worship to an event center would trigger changing the occupancy classification of
the barn from an A-3 to an A-2, Additionally,there appears to be a mezzanine area, size
unknown, which would increase the occupant load of the barn. As an A-2 occupancy, the
existing unconcentrated occupant load of 160 would now require the installation of the fire
sprinkler system. With tables and/or chairs moved, the floor area would have an increased
occupant load based on 5 sq.ft/occupant with guests dancing. 2400 sq.ft. =5 sq.ft./occupant
would result in a maximum occupant load of 480 people,
_ ��,� � � , �� � �� 'a ��I
�� �a�� ` �_ �� � ��� ,�� � ' y +��'�'�p,� �,����
. �-: II�.:.-.'.
�`� i
a, _ :
�. ti, ,
>
„
.
. , �r
� �
r _ _,
:�
� � �
_ -� _
_. �.
��
� � ;
�S `�� <4
�
' q '. �`�' ��;�, ..r � ^�-�e
�� �. � k # ee,y;� `��.
�: � ��,y�
��� � "�' r .,}�.
# '., I
� �� P �`.--.`^a
�� ��
�^" ��
�^�2wsn
r k
k
�`
A sprinkler system is required where one of the following conditions exist:
MBC Section Group Fire Area Occupant Ioad Fire Area Location
On floor other than
903.2.1.2 A-2 >5,000 sq.ft. 100 or more (evel of exit discharge.
On floor other than
903.2.1.3 A-3 >12,000 sq.ft. 300 or more (evel of exit discharge.
On 12/4/2012 the Cottage Grove Buiiding Officia) provided to the property owner(permit
holder) a checklist of items that needed to be completed before a certificate of occupancy
would be issued. Item#6 stated that maximum occupant load signage stating the interior
Maximum Occupant Load 99 and exterior maximum occupant load 80 needed to be installed.
Here again,the arbitrary maximum occupant load of 99 was selected as a convenience
(political) decision, as opposed to the previously noted unconcentrated use by 160 occupants,
or 480 occupants standing (dancing), so as not to require the installation of an automatic fire
sprinkler system.
Hope Glen Farm
Page 7
� �u�, -
��: ���y�oia,LL�n;aa:iais��tau `=
��` ,�Y1 can`tbvu0xrtfrm` � -
'�` gy�� _ CaWrn�4'oiOcc�stGji3drt4 - _ _
Mks+.�l. „ ; ., ' ' .� . -.T �.��_
zlk+�rkrt�ak7ttn,umwrroW4ea4cm�Saclwu;tl�eufuannuibcmx(n�no[qc wMY �.
(
`� �.fl��r��N�N�InscaMt.n,9u�ttdrith�turt.��uwc+wnia�►ksxm,auct4vNsrL�#�tcr�seis9 -
���#.�Ma�lund4}pyrqirn?set�ne�.tt�ek�ttoamenkrnei�ContuimeUriunasdiw4t�e�N+tsi�don�"^ .
uu.(n.t+4whMZde rawown txtuiek,tW��_WORre�veessrand[�W+t�AS�t!e�nwoe�il�,►d
���AWpurth?id�ef�ifeE�Mbi,sM�ltiit+�.ww+cin�7i,.ct�u+rs+s«nynCure,atonrMrinipm,�u+� �
���iMuHkrN�hiedfex+t�tA����ri :=-'— "� ���= --
�.� A�SdfMu4niimasc++attbadrFwf�a�oAowttnttr�StM�+him�a4ccuWMCa�d94w7e+kr�itmGm � y
�'„�""�`.QOd�ip�11t19idM ' � � -"' : a
�-��I ye�g�x7e3�eutMeD�WI�t"�rkhxtessiE�tesaidty�duP9�M+�[iTB�w� � -
-���r�-�AsINMdoalill�ItxpmuidRdwU�)5�r1itq11rK."TN�SUOtl87R14Efi1NNUt#LOCKE64U1lAiS`id�il1S11ES5`'
,`�foGit4`vwiiJpntl,eintartcYofNebWdWG-` � - :-- �
�i.��+�A`Poslastjn#itA2xplrJrlY�4ilvK tWPU9t1C'Ac[LSS ' ° �
7R"74sau[t{hltxheE�teobttanvtf+Y�ImVeFk1R.?lnmtU�iuln7r�umASitA &1Ci�stL.#Itrtle.5pttaQ7¢2C7�r ;
-Snote4kwYopsd0.at0fiUtus ' ; ;
� �".,��,fnn+Pbtttlisekctesm�aadas+weuuctnaustcekcu�catuuprc.�uts�{nsotfonuwP�fect" ��:
ztfaaA�te�nepfwm6rKanaaw,rnUutt.mui�racoconm+crarvwttmpectbn�nst�rntavaioriney��r+h�. ��,
s �Aatt..,,iilF�tNt�YaCtlfy�kufborta» � � � .
�4kf�McwhewlhaWOject➢�eedFindtaArotifyoUaeeduMh4�i.- � ;
����.�„�.��; � � ^
�.>p�� ---�'"�—�'�`_ x "--s.-
��.5x��^^' �''��� . � � . .� '
,;���� "s - .�. "��,.� �`= � -3
s� "�' � � x„���s��-L��� �-�', �- '''x— �
-'�� � � ,�
�������`�"�"' ��- .��s ���. �: ��„�,�..s..�,� .,,-�
,��o��t�c'$'imYe ^��� '�`' � -
r
13skhGmm�!ct�ntm,��c�mv�dr� j ,� �,
7�65�458.��� : * � � �
� ����'�'[01�,�� � .
� :��-'�'t,�,� ��� . , �
_ '_ _, .._� k,�,._... , y.,z..�.��a_ _ .,
The occupant load is not a randomly selected number to exclude other code provisions, such as
a sprinkler system.Total occupant load is what the room or area has the possibility of
accommodating at one time. This may not be a daily occurrence, but for the one time that the
building has maximum capacity, the occupants must be protected, such as with a sprinkler
system. The total occupant load includes not just the guests but also includes serving staff,
vendors, musicians/entertainment personnel, security personnel and any other people in the
building at the time of the event. The total occupant load must not be determined by simply
selecting a random number that is convenient for the owner.
in summary, I believe that there were numerous errors on the part of the Cottage Grove
building official in the plan review and building permit issuance process.There was no
inspection records/documents included in the public information packet provided so I cannot
comment on possible inspection deficiencies,
I have only focused on the items relative to the requirements of installing an automatic
sprinkler system.Type of construction and occupancy classification are the two most important
items that need to be correctly identified at the start of any plan review process. If either of
these two items are incorrectly identified, numerous items further down in the process could
be wrong, missed or mistakenly omitted. The occupancy group classifications were incorrectly
noted as an A-3 when they are actually an A-2 occupancy. Sprinkler installation thresholds are
significantly lower for an A-2 than an A-3 (3000 sq.ft, vs.12,000 sq.ft. and 100 occupants vs, 300
occupants respectively).
Hope Glen Farm
Page 8
As a final comment regarding the requirement for installing an automatic fire sprinkler system, I
submit the summary Barn Venue History/Review letter from Jennifer Levitt, Cottage Grove City
Administrator dated 1/14/2020 wherein several items are identified that indicate the Pavilion is
no longer compliant with the MBC once the curtains were installed, thereby creating an
enclosed building.
A second conflict stated in this same letter that the Cottage Grove Fire inspector noted the
"barn is still posted for an occupant load of 99 and... the building is utilized primarily as a dance
hall." if that's the case, then the occupant load is severely understated at 99. The main floor
area of the barn is identified as being 2400 sq.ft.As a dance floor, the occupant load would be
calculated as standing space at 5 sq.ft. per occupant (MBC Table 1004.1.2) resulting in a
maximum occupant load of 480 people. As an A-3 occupancy, the Barn would be required to
have an automatic fiire sprinkler system instafied.
�.n.,�..0C/�� �,��ky„
� ovn Vp�a Htb�1Rr.'r
' -.((iilil((C �.f4jGt[
..'•.W,...' �1�1t1:
K't'�:fi>' . r.�« pwtbn�rwYl not Ir9AQ I/d�MtlM md� k fl��7 M IOIJ 1�0�'�+kbr et'�em rot
.�,
�N�),FbvleYb�9�flkloiniatlilv8�sf�tMcbNilaPliNt«n iptiveew�b'vnuN�
in: .w�nx.icew�xynn.i.�a;r,w, nc�ertNue.wmros�.pn•op*nilrwwmtio,'.n'anaoew:mvb�ny.rd...��d.unw,u
From' i:�ad7J CP+unte`TyJN:a1'{a;v.*i(iiir5r �1o'.VdMtodecaN�'+nt . . .
�'t�9t Ja^o,!Y"<YU20. �h�Y16.Z01't,6mCln/COf/�tl16WM+duiuYMdmeMNMdCNd401+dUrtP.mtbtlor/.
4ti twava.nwllbttryNn+n.a �Mconniu�na��nromaea�bn�bu,ew�a+��ai�.qmitrw�.mn,'v�Mahuc�rrc�condea
. t{rn btlWr�eA(whpir/bomlAi3.P0+hUrriwt��reyih.mmlln�FwCUPYW1Mp��Y4e �
���Y!hsFtre ueMol md eputW amPh��+�7b��.qd t1p Fn WnhY�eord�abn.
..,� �' ., . � pb�fo00�+0�nC/.77MFWUq�tal rol.
e..ctm�wd . . . . . ��py�.. .. ... .dP kW?!��oen�N�t�.�pdrtiM�YMei+i.6eee0
�3aw er�cu.a.pnhsp.sy t.�.,t s4 a,tsa�r.r= yF�.w, .n„smm�i- nwN+w.cawucyalnuiryolnmlyF�tuc'atwanr�:aua.�MMnx.e�uie
t-n�p.P re�h .Cu m•�'aM C,�.la �uk W�rly a rorh.:kir,�N<aiti.ii bam Y eN�W�ted lor.n pcapv;bd at Y,i,ifs wm ido�med�B�W(tae tlui�m.bod L
med
.r_lwl�ra��ntkiO.;Muremn.ak'a exn.atl.e4s.¢n�¢. O�M+redInA�CWW�!dNbutltaMPikoAMu�d�ncehoC. HeeamA-7xap.vey,
i
N wr co�R du tb�noP.imnc.b eWdwt dvnaW us w.'scera�o(tl�.bpnhanA�
1ia�_U��tli.�lenEtflh. . �.tiAMx;�
Cm Jui,gn a]�t.�Grv� � c;'wi, c a-n d Var �1u�.e wn i.�,.v� Reprdnc�Na w�1Em N�i�ma mi6m�c on uw'.Ln�a�y e��mn ia wN Ue�wra�rp!�+te
eJa.i-��aa,x+.rmx?:,neo k�eFm;ivry&.�utcatyn,sz crea��,.vila.i�4u�.vu7c� hrvdkdonewlhaeqaneWesotpte�ovt7ori.]freuY:ia�b�oakdih.t�twanti5�tuenot
+Fvc�,v a'..r.n e:.�f Y'mmnenl ar Art an ba'kwnd dnh9 w(wonbb��yh.f'mvJWM aM nk+E wWt
».Malchct<G�.�J,9v�'y�: L J( t...:�hcn}1klufi� tlS 0 ni ; "k�J�eN tr,wabblya�lwto;d'dax?hs&1�/WGIi'd+�pCaUedIMIaGPto+aldlh�Pn'OanWUUun
i . +^Y 4ab�amm�aawmb�oDen�MaPwm����auteemaxlw�uw�W�nwiU�w4Sri
Yc�ui.� W��ai IC2tv eAi pau p��- ti adu s w �� bN adyw reywe W��tlli+p arc���ppa�nla�o���im�o x�ro tti+al.eQ'aM{v
q qm��'0 9a f .�Na4✓ +6Fkmd.W.laWaf7vs!' aod.h(Y 4_i r'�lkth ODm'•d.As'eR;Aoflhai]ar�lV�Y�V1%RboRQ+Y.W➢�u16pFiMGomlMDeyaiGMN
Nsa{�tvn+Mt itne:wro}a OYw ic:..i�J v'x,LUHW;.�i�.v'tl o U.�v���-s I�� d lp6or�d nd.n6y i�%A a!W w1+c�har or�pe�M Luhe1lkn m�he cula:j.rnu¢i ti a
�s�+n.Nxap'<i'.i,-erm x<Ou-ai�,i��fu�Cwr.i.Un.4 a.,.:yy.a.y a�yr+.c� recyvubatlonctlMwuninlroinan'wana7Y��'�ban•enoceabu�7'. �
amarut n�1ccc,w�•., k«aniv�lx oc u�r:areroaakEi»snm{x x,roc �
VT1�Ata�m'rwd q W.Q9{2Q-R7 4 fC'�!!�1b'9VPi hi(✓.,i)da (c ml tea�boh^D trik�uy Nl.b. �h^P�f�b:F ti'A •6-qn�
F nMs. R SC d . . . ..
On OC.:km't7 d t2�9��Cn 4� �I oR?'ae.. ',1 4 Amn v$iku a ne,lY WN OnA0r130:1D/5 tlk Clty IOttlY10 i 6u10'M PKlidl�DD�7M han Wr/n�W�Lpt�8Jf t
, Y . . . 7Jlotanw,A:.S.bromnaiinak�p��p 1o.a61..q.11e�mpri}povPp�qdw'�7ka�.
a�:�1kw eJ ��iwe��y e�iwvi +lchav�i6�mcFr.ves.WC a.+wloct w.dahpbwpuelwn».Indw�,a rNqkWlidalmblwnhn4w6'd�W-N�iu
vr+�a4 wf•�s�.v.e..0 t'�r nxa fvrAe ua Una a M.cqna�a(+w�cval s vw rp M um"wbvt.e�Aare ao0a r tl�abn.R�hwr_tlaoi a�N'ra�M�b u�a C+r aa�d
p�Penr��:*+�M�r.uy �w+��m` e.a�wu�.r +wc �-��t M1s u-��; n�a.v�wa:n tix aci�qiqy..�n n-f ooap.m!nfiuYa�M.t�I�woUn!qimhrUian'
b.rmpWedpnxw,pu,w vs�mwdlY ci.9ei7.mR �tu im,+tar�df hc 4000q:M1pfNbhflhanooa9wbdmct60pmfd���G�NFk+M1am.BaWG9�fi�Jta
��oe�an-�,.,a��>>ro„�os�,.�ra� s.��,•ae„�arorn1o�,, a p,Y, ava�.w�w.no.es�.a.n>uau���:mb.aewt,eomJ�rw��v�..�panaw
i-utFw tw Ue tynt�u'C 4 I uikw U hirit'U .rd nu.rbr 1 :: y 6td1C��.10!h1Gr.Miai6� � �
V1�al+i Ofi Nt?;N��Y.The 3�Yilt�ry�.i�l S :sperb'':eL Y 4 4'1 l^.ht�hd-tlaa P'tl�Y
�y�ii�iir.jb6 rcR l�ttiem.'OM�1t�'etvl'��dc�
Ck�\b�Nlb2QIJ4.eClY�S Wnt'.?IvyhYrt�l nqiniad 1dJ q!t:9G� �..
� iu i,
31Nro4^.IiW.KK1�h:tt'W.Nv11N�tQcp'�j.YIWIK�ac+Morih J f.r:t+�lx4t d. tiC6
511o'nYn+n113u1lJ�+f CMo:tl+o.WiSWN mcl x:r�V feWirm:ni�c�J.a%t'r:+Yl+..a;<�a��v-�c
IM�ra4v�icc
[h f N S 21�QI l,i�t 8 Nd+'��f��xryl atxi(��K� U1e Y lti:px Mn 7.
xiWbry.Lp� A_*a`.uuu,c�n,J�s Pnaaa'!r(w mM.'aYeaY.n3np YY LMFa1,A Czwn3
f.k�;irf1� 1,IBhoti/Hni a1Ji4�daCr�c9dP6tN�U(pllu'tlinl� 4Y..1� r•dl�;lliv
In contrast,the Historic John P. Furber Farms provides the same wedding event barn function,
is classified as an A-2 occupancy, has an automatic fire sprinkler system installed in the building,
and was treated differently than the Hope Glen Farm Barn, which has no sprinkler system
installed in either of the assembly use buildings.The Cottage Grove Building Official was not
executing his responsibilities fairly in applying the provisions of the MBC equally to both sites.
Hope Glen Farm
Page 9
Both the Hope Glen Farm Barn and Pavilion need to have automatic sprinkler systems
installed to be compliant with the MN Building Code!
Respectfully submitted,
����'.�„``. ��
Roger Axel, CBO, Retired
raxelcode�uv@�mail.com
C-952-217-2307
MN Certified Building Official #B0001508
International Code Council Certified Building Official#860900
Note: All photos included are from the Hope Glen Farm website,
wayne johnpfurberfarm.com '
From: wayne@johnpfurberfarm.com '
Sent: Monday, March 9, 2020 6:04 AM
To: 'Korine Land'
Cc: 'Steve Dennis '; 'Myron Bailey'; 'Jennifer Levitt'; 'Ben Boike'; 'Bob LaBrosse'; 'David
Thiede'; LMills@cottagegrovemn.gov;jolsen@cottagegrovemn.gov
Subject: RE: No Mercy !
Attachments: DOLI Letter 2.12.20.pdf; Preferential Treatement.xlsx ,
Hello Kori and thank you for your email!
I have CC:'d the entire Council as they have been made aware of the risk to the City, if not already. '
Angi and I would have responded sooner, but we were very upset with the response from you and have decided to put
this politely back to you with a weil thought out response.
You obviously have no idea what the City has put us through by allowing this behavior and dereliction of duties-the
Building Official— Bob LaBrosse.
1. Family stress for 5+years. A lot of prayers has pulled us through.
2. Loss of Income (over$1M in lost revenue in the last five years)
a. Hope Glen Farm has taught all of our competition to lie and be an A-3 structure for their barn and/or
with a pavilion.
i. Legacy Hill Farm in Goodhue County.
ii. Round Barn Farm in Goodhue County,
iii. Redeemed Farm in Washington County.
iv. Just ask the folks on MNREVA how they get by as they have a list of 120 barn venues getting
away with this. ,
3, Preferential Treatment (Between Hope Glen Farm and the Furber Farm)
4. With loss of income, this too has delayed our fixing up the historical home on the property for the ACHP and the
five year delay has increased the costs by$1M. !
If you and your family can afford to lose in excess of$2M in five years and be lied to repeatedly by the City's Building
Official, our sitting by the wayside and waiting for something to happen at Hope Glen Farm due to recommendations
and enforcement is far from being over.
(Bob LaBrosse repeatedly told Angi and I that if he saw the sides up at Hope Glen he would shut them down and pull
their Certificate of Occupancy. Last time repeated at the Muddy Cow ribbon cutting in front of Vickie Snyder and her
husband. Driving by every Saturday to Hastings would have caused action.)
The State Building and Fire Codes have been around for years. Bob LaBrosse ensured we followed them in 2015, but not
sure how Hope Glen slipped through the cracks since 2012. This will always be a mystery, but for now the City has to
take action and as the subject of this email states, the Furber Farm was not granted grace or mercy for our weddings
back in 2015. We demand the same for Hope Glen Farm, '
If you decide to respond to this email thread, please explain to the City Council and Staff how they are on the hook for
knowing Hope Glen Farm is a risk to the taxpayers if a catastrophe happens on their watch.
I will now decipher your email.
The City forwarded me your email below.
1
- You should have been in the meeting because their(City) silence was a very large admission of what went wrong
since 2012.
Thanks for your inquiry about the applicable Fire Code standards at Hope Glen Farms.As a member of the public, we
appreciate you expressing your fears about the public safety aspect of this private commercial venue.
- We should not have had to express our fears, but for five years we questioned the City and Hope Glen Farm
owners. We were repeatedly lied to in that a sprinkler system is not required. Yet, the City hosted a party in an
A-3 barn back in 2012 that shouid have recoded the barn to A-2. We are appalled that the City thinks the lean-
to structure attached to the barn is a separate structure. If a tow truck can pull on the lean-to and the barn is
still standing, that is a separate structure! The Building Official knows six feet separates a structure. If not
separate, a fire wall will do, Bob LaBrosse made us sprinkle our 15t addition after it was finished with sheet rock
because he first told us a 90 minute burn wall is now 120 minutes. This cost us another$15,000.00 in 2015. Our
north deck is sprinkled too because it is attached to the barn.
We contacted DOLI for an opinion about the issues you raised and they have provided their recommendations.
- This should not have had to happen! The City has a Building Official who has the "bible" for the position and it is
called the Minnesota Building Codes. I have read it and it is crystal clear. The statement of"grey" areas is not
even in the case with Hope Glen. Everything Angi and I called out in the meeting (you missed) was spot on and
DoLI was cailed in to back us up.
In the future,please use the City's data practices request form and submit it to the City's compliance officer each time you
wish to request any of the City's data so that we can track all data practices requests and respond accordingly.
- i have done this and my requests have still gone unanswered. i have to this date not seen the State Licensed
architect and engineer blueprint drawings with the code analysis. I am told they are proprietary from the City
Attorney, This to me is an incorrect statement as the Freedom of information Act allows me to see everything
and not take copies of copy right protected material, Prisons and banks may have proprietary drawings the
public can't see, but Hope Glen does not.
Going through the City Council or going directly to Staff creates an undue burden on those parties.
- This statement right here struck a chord! If we put an undue burden on these folks, I would ask each of them to
resign right now! This is in their job description. Wouid you rather I go to Facebook or the news? Or go to the
source that can handle a delicate situation where Angi and I both know darn well there was preferential
treatment between two like businesses. One that spent$1M to build to code and one that did not. When you
have time, 1 can talk for hours about the story on how our business was built from blood, sweat and tears!
As a courtesy attached you will find DOLI's letter of recommendations, DOLI has certain powers and duties, among
which are adopting rules, coordinating with governmental agencies and recommending changes in the law to the
legislature, They are not an enforcement arm of the City. Their recommendations are just that—recommendations.
- This statement right here struck another chord! If Bob �aBrosse wouid have done his job, none of this would
have ever happened and we ali would not be in this predicament.
- DoLI does recommendations because the City adopted the Code and hired a building official, You were lucky to
have DoLI come to the City and inspect Hope Glen, This has never been done before in the State's history,
- They do recommendations because the Code is in the book(or Building Official's bible).
- It is in black and white, not grey. If there is ever a question, DoLi has a phone number and email address.
- Changes in legislation is not required for the Building Official in the City to perform their duties. Failure to do so
in my opinion is a dereliction of duty and would warrant dismissal.
While we typically do not provide additional information to the public about the City's enforcement actions,we are
following up with Hope Glen Farms and will take all action steps deemed appropriate. We fully recognize citizens'
public safety concerns,but please be advised that we will inanage the enforcement action. Your issues have been raised,
have been heard, and are being addressed. Unless you have new facts that require additional attention,your involvement
in this present matter is complete.
2
� - Far from being complete! Please see below short list and long list. When the boxes are all checked, our
involvement will be complete for this matter,
- At the meeting, Mayor Bailey and Jennifer Levitt stated they would keep Angi and I informed during the entire
process! This was their promise to Angi and I.
- The City let Angi and I down and the meeting you missed shed light on what really happened in our five years.
Here is a list of things Furber Farm had to do prior to opening business for the first wedding on August 15, 2015. We
were not given any grace nor mercy to get our doors open for weddings we had sold to couples. We expect the same
treatment to Hope Glen to prevent continued preferential treatment of two like business in the City:
SHORT LIST
- HCUP:
o Hope Glen completed.
o Furber Farm completed.
- State Licensed Architect Drawing and Stamped Engineering Drawing that must have the code analysis on: !
o Hope Glen has no blueprints for the barn or pavilion.
o Furber Farm has completed architect and engineered drawings.
- Certificate of Occupancy:
o Hope Glen does not have a Certificate of Occupancy issued for the barn or pavilion. These have been
requested through the City's data practices form.
o Furber Farm has on the wall just inside the barn. �";
The short list is required to open a business. Without the above, it cannot be occupied. A temporary Certificate of
Occupancy may be issued if a portion can be occupied safely. Critical life safety violations are a fire suppression system,
egress doors,and lighting. Allowing to operate without puts the City and all taxpayers at risk.
https://www.revisor.mn.�ov/rules/1300.0220/ '
Subp. 6. ;,
Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before the
completion of the entire work covered by the permit, provided that the portion or portions shall be
occupied safely. The building official shall set a time period during which the temporary certificate of
occupancy is valid.
LONG LIST is attached as the"Preferential Treatment.xlsx" spreadsheet. '
Hope Glen non-wedding events that would have triggered A-2 since 2012:
- City Holiday Party
- Liquor License
- Octoberfest
- TCWEP Meetings
- Open Houses
- Funeral w/400 persons
From Roger Axel, the building official we hired to review the City's building permit process in attendance at the meeting:
1. Walk through the code process.
3
2, Process and responsibilities.
3. Public safety.
4. Building Codes.
5. Discrepancy in enforcement procedures, .
a. Same State building and fire codes,
b. One property does and one does not.
6. Documents have quite a few deficiencies.
a. Assembly use A-2 occupancy for Hope Glen Farm.
b. �uilding Official is aware of the liability and is putting the City at risk.
7. Business systems that have to be installed that are State required, otherwise, you should not be in this
business.
8. Warned of catastrophic event would bring the news media in to town.
RISK:
Subp. 9.
Liability.
The hl�ilciing �ffi_ci?l; membPr of the Loar� of A_ppeals, or employee charged with the
enforcement of the code, while acting for the jurisdiction in good faith and without malice in the
discharge of the duties required by the code or other pertinent laws or ordinances, is not rendered
personally liable and is relieved from personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit
instituted against an officer or employee because of an act performed by that officer or employee in
the lawful discharge of duties and under the code shall be defended by the legal representative of the
jurisdiction until the final tertnination of the proceedings. The building official, member of the Board
of Appeals, or an employee charged with the enforcement of the code, is not liable for costs in any
action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
Respectfully Yours,
Wa ne Butt, owner
w''
�,t
� L � `� �
i�#
4� � �` k
A , �
�
� � ��
� �1
��: '�x�
"`�,�; -� .e ���
�
Historic John P. Furber F�rm
7310 Lamar Avenue South,Cottage Grove,MN 550 I b-Z321
Cell: �6S 1� 336-44Z I
Email: Wavne@JohnPFurberFarm.com
Website: v�iww.JohnPFurberFarm.com
Like us on Facebook: https://www.facebook com/HistoricJohnPFurberFarmWeddin�EventBarn
4
From: Korine Land <KLand@levander.com>
Sent: Friday, February 21, 2020 3:30 PM
To: wayne@johnpfurberfarm.com
Cc:Steve Dennis<stevedennisforcg@msn.com>; Myron Bailey<MBailey@cottagegrovemn.gov>; Jennifer Levitt '
(JLevitt@cottagegrovemn.gov)<JLevitt@cottagegrovemn.gov>; Ben Boike <BBoike@cottagegrovemn.gov>; Bob '
LaBrosse <BLaBrosse@cottagegrovemn.gov>
Subject: FW: No Mercy
Wayne—
The City forwarded me your email below. Thanks for your inquiry about the applicable Fire Code standards at Hope Glen
Farms. As a member of the public,we appreciate you expressing your fears about the public safety aspect of this private
commercial venue. We contacted DOLI for an opinion about the issues you raised and they have provided their
recommendations. In the future, please use the City's data practices request form and submit it to the City's compliance
officer each time you wish to request any of the City's data so that we can track all data practices requests and respond '
accordingly. Going through the City Council or going directiy to Staff creates an undue burden on those parties. As a
courtesy attached you will find DOLPs letter of recommendations. DOLI has certain powers and duties, among which are
adopting rules,coordinating with governmental agencies and recommending changes in the law to the legislature. They
are not an enforcement arm of the City. Their recommendations are just that—recommendations.
While we typically do not provide additional information to the public about the City's enforcement actions,we are
following up with Hope Glen Farms and will take all action steps deemed appropriate. We fully recognize citizens'
public safety concerns,but please be advised that we will manage the enforcement action. Your issues have been raised,
have been heard, and are being addressed.Unless you have new facts that require additional attention,your involvement
in this present matter is complete.
Thanks.
Kori Land
Korine L, Land
Attorney ;
LeVander,Gillen&Miller,P.A.
633 South Concord Street
Suite 400 '
South St.Paul,MN 55075
Phone: (651)451-1831
Direct Dial: (651)361-8582
Fax: (651)450-7384
E-mail:kland cr,levander.com
*"'**"CONFIDENTIALITY NOTICE""*•*'**`
This message is intended only for the individual or entity to which it is addressed and may contain information fhat is privileged,confidential and exempt from
disclosure under applicable law. If you are not the infended recipient,or the employee or agent responsible for delivering the message to the intended recipient,
you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited,and you are requested to please notify us
immediately by either e-mail or telephone,and return the original message fo us at the above address.
Disclaimer Regarding Uniform Elecfronic Transmissions Act(UETA)and Federal E-Sign(E-SIGN)Law:This communication is for discussion purposes only,and it
does not create a contract or legally binding agreement. The UETA and E-SIGN do not apply to this communication. We and our clients only contract with
manually affixed original signatures on the originai paper confracts.
NOT FOR PENALTY PROTECTION:Unless expressly stafed othenvise above:(1)nothing contained in this message was intended or written to be used,can be
used,no�may be relied upon or used by any taxpayer for the purpose of avoiding penalties that may be imposed upon the taxpayer under the Internal Revenue
Code of 1986,as amended,�and(2)any written statement confained in this message relating to any Federal fax transaction or matter may not be used by any
person to support the promotion or marketing of,or to recommend any Federal tax fransaction(s)or matter(s)addressed in this message.
5
From:Steve Dennis<stevedennisforc�@msn.com>
Sent:Tuesday, February 18, 2020 8:02 AM
To:Jennifer Levitt<1LevittC�cotta�e�rovemn.gov>
Subject: FW: No Mercy
, : . .-
EXTERNAL EIVIAll1NARNING;This,emai{originated from an outside or�anization.Do not click links or op'en attachments unless'you ,.
recognize the'�sender and kno�nr the_content�is safe.���
Please read the email below,..
Sent from Mail for Windows 10
From: wavne@iohnpfurberfarm.com
Sent:Tuesday, February 18, 2020 7:53 AM
To: 'Myron Bailev(MBaileyC�cottage�rovemn.�ov)'; 'Steve Dennis'
Subject: No Mercy
Importance: High
Good morning gents!
Thank you for the update on the Hope Glen Farm. I'm hoping to have the letter from DoLI this morning if that is
possible, if not—no worries.
So, thinking over the last few days I have decided to show you two examples of"no mercy" from Our City and the signs
of preferential treatment.
1. City of Cottage Grove would not give Furber Farm an CO—Certificate of Occupancy until we spend $1M on our
barn back in August 2015.
2. City of Cottage Grove will not sign off on current 2020 building permit until an elevator is installed. Contractor
called me last week to inform of, And that is okay, we will install an elevator to satisfy the City once again with
"no mercy".
Hope Glen Farm has been running for over 8 years making in excess of$SM in wedding sales.
The City of Cottage Grove is going to let them run for how long at a risk to the tax payers in the event of a
catastrophe. Has Kori weighed in on this issue? Have the taxpayers weighed in on a private business being a burden to
Our City?
I would think if the residents of Cottage Grove knowing their cost of a wedding at$11,000.00 for a Saturday and now
have to pay for a catastrophe would be very upset. I know, because I am one of them.
Nobody wants to shut them down, but a fire sprinkler system can be installed by the 2020 wedding season. If they can't
give you proof from a bank letterhead that the system will be fully funded asap, then they should be informed this 2020
season will be their last and stop selling 2021. They have sold 11 weddings for next year and those couples can be
informed and refunded. This year,you do not want 60+ couples attacking the City on social media if they shut their
doors today,
Cutting to the chase—have a fail proof plan!
6
` They have lied for 8+years and avoided it until now! I would have caught them five years ago if they and Bob LaBrosse
would not have lied to me every time I asked them how are they operating without a fire sprinkler system. KARMA is
knocking and I answered the door.
ReSpectfully Yours,
W� ne Butt, owner
�
� 3 ,.�
:' � � ' �
�
� ��, �
�' 2 �;
' ; �`
k �� �
� �
�� � � ,�
�� y- i.
t ,`�--� .��i �
,,.
����e x"�"` ' � _
� � � +� I ,
. � ..�� �
�. � �� ���
Historic John P. Furber Farm
7310 Lamar Avenue Sou[h,Cot[age Grove,MN 550 1 6-232 1 '
CeIL (65 I� 336-44Z 1
Email: Wayne@JohnPFurberFarm com
Website: www.JohnPFurberFarm.com
Like us on Facebook: https://www.facebook.com/HistoricJohnPFurberFarmWeddin�EventBarn
� ;
wayne johnpfurberfarm.com '
From: wayne johnpfurberfarm.com
Sent: Tuesday,July 21, 2020 10:56 AM
To: Ben Boike
Cc: Jennifer Levitt; Myron Bailey; Steve Dennis
Subject: RE: Hope Glen Farm
Attachments: RE: Hope Glen Farm by March 30th; DOLI Letter 2.12.20.pdf; RE: No Mercy; 2020-07-21 -
Public Information Request - Hope Glen Farm by Wayne Butt - SIGNED.pdf; 2020-07-04
- Hope Glen Farm report (Roger Axel).pdf
Importance: High
Good morning Ben!
There is a lot of information to go through in this email and I would be happy to sit down and discuss with you. '
I have attached the email thread from pre-Covid-19 (March 30). Due to the shutdown of City Hail, I have not been able ;
to see any of the documents requested in this email thread.
From the meeting in February, we were told that DoLI would be engaged and that the City would follow their
recommendation. I received Doll's letter and I was told by Mayor Bailey that Hope Glen would have to provide an
architect and engineer drawings for the barn and pavilion by March 30th. My attached email is the thread I am referring
to and I have not had a follow-up with you on these items since the virus shutdown. My original data request still stands
and as per the chart below, it is very incomplete.
Roger Axei's report is also attached for your review and you will find that Bob LaBrosse has made numerous errors at
Hope Gien Farm. I find it amazing that Roger Axel is the expert on building officials to include teaching/training
them. And he like DoLI call out a fire suppression system is required at Hope Glen Farm.
This is why I responded to our City Attorney Kori Land in the manner l did knowing darn well this is being swept under
the rug even further. And now you/City have miraculously come up with a plan that totally vacates the fire suppression
system all together for Hope Glen. This somehow goes right down the path of"Preferential Treatment" once again,
A new Information Request form attached so that I may see this"new" plan the City approved and Doll reviewed. Along
with building permits for the lean-to's and email/letter correspondence with Do�l from 1/1/2020 through 7/21/2020.
From the attached email you will find where we left off below:
Good morning Ben!
1 was'given a date of March 30, 2020 for Hope Glen Farm to:provide State licensed architect blue prints and State:
licen"sed engineer"stamped drawings for the barn and pavilion,
Has that come through as promised?
I am still looking for the following:
HOPE GLEN FARM
�
_ __ __
STRUGTURE BLUEPRtNT ENGINEER CERTIFICATE OF:.00CUPANCY
1 1860's Barn no no no
2 Pavilion no no no
3 Treehouse no no YES
4 Corncrib Cottage no no YES
5 Garage for Generator no no no
6 Garage for Living Qtrs no no no
7 Apartment above home no no no
8 Outbuilding for mother-in-law no no no
9 Groom's Room no no no
I look forward to reviewing these documents,
Thank you very much!
Respectfully Yours,
Wa ne Butt, owner
,.��
s � f� *
��y � Y':` 41 k.
r,�°,
�"
.-.�v.`F^.��,'�"':�.,�.: �
n"� ..�„,.'�w�.
� �
Historic John P. Furber Farm
7310 Lamar Avenue South,Cottage Grove,MN 550 I 6-232 I
Ceil: (6S 1� 33�-44Z I
Emaii: Wa�ne@JohnPFurberFarm com
Website: www.JohnPFurberFarm.com
Like us on Facebook: https://www.facebook.com/HistoricJohnPFurberFarmWeddinaEventBarn
__ . . . _ .. _ . __.
From: Ben Boike <BBoike@cottagegrovemn.gov>
Sent: Monday,July 20, 2020 12:34 PM
To: wayne johnpfurberfarm.com <wayne@johnpfurberfarm,com>
Cc:Jennifer Levitt<1Levitt@cottagegrovemn.gov>
Subject: RE: Hope Glen Farm
Wayne,
I believe we had already provided you the information that we could/had at the time.
Ben
2
Ben Boike
Community Development Director '
City of Cottage Grove
Direct; 651-458-2830 � bboike@cottage�rovemn.�ov
General: 651-458-2800 � www.cottage�rovemn.�ov
12800 Ravine ParkwaySouth, Cottage Grove, MN 55016
�
�����.:��
t�rc���
�'���'� a�+���o�P�rtty l�l���
Pri�� _
a � -
� � ,
Y �
From: wayne johnpfurberfarm.com <wavne@lohnpfurberfarm.com>
Sent: Monday,July 20, 2020 12:31 PM
To: Ben Boike<BBoike@cotta�e�rovemn.gov>
Cc:Jennifer Levitt<1Levitt@cotta�e�rovemn.�ov>
Subject: Re: Hope Glen Farm
How about my request back in February for the CO's, architecture drawings and engineer drawings from a
State licensed architect and engineer? I was told March 30th. I have not seen them.
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: wayne johnpfurberfarm.com <wayne@iohnpfurberfarm.com> ��^y ~~~� H~y Nry��„�
Sent: Monday,July 20, 2020 12:23:40 PM
To: Ben Boike<BBoike@cotta�e�rovemn.�ov>
Cc:Jennifer Levitt<JLevitt@cotta�e�rovemn.�ov>
Subject: Re: Hope Glen Farm
Ok, thank you.
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: Ben Boike<BBoike@cotta�e�rovemn.gov> ,
Sent: Monday,July 20,202012:19:31 PM
To: wayne johnpfurberfarm.com <wayne@johnpfurberfarm.com>
Cc:Jennifer Levitt<JLevitt@cottage�rovemn.gov>
Subject: RE: Hope Glen Farm
Wayne,
I believe I can provide the requested info, but will need a formal data request submitted in order to provide it.
Thanks!
3
Ben Boike
Community Development Director
City of Cottage Grove
Direct: 651-458-2830 � bboike@cotta�e�rovemn.�ov
General: 651-458-2800 � www.cotta�e�rovemn.�ov
12800 Ravine Parkway South, Cottage Grove, MN 55016
+��t-��.��
,� _
,
�����
����`�' Pr(de an�P
��������� r�Q��
_ .,
From: wayne johnpfurberfarm.com <wavne@iohnpfurberfarm,com>
Sent: Monday, July 20, 2020 8:39 AM
To: Ben �oike<E3Boike�cotta�e�rovemn.�ov�
Cc:Jennifer Levitt<JLevitt@cotta�e�rovemn.�oy>
Subject: RE: Hope Glen Farm
So no fire suppression to be installed? That's not what Jennifer Levitt promised Angi and I at the end of the meeting!
Please send me a copy of the City approved plan. Funny how rules change for preferential treatment between two
similar wedding venues with over 100 people in their capacity.
Thank youi
Respectfully Yours,
Wa ne Butt, owner
, �
�� � � :� �
"' � � `,� ��� �
� �, ,� ��
�
� �
�,r �4 ��
_ _
w �
a-�� �—:� ,
��
Historic John P, Furber Farm
7310 Lamar Avenue South,Cottage Grove,MN 55016-Z321
�eli: (651� 336-4421
Email: Wayne@JohnPFurberFarm.com
Website: wvwv.JohnPFurberFarm.com
Like us on Facebook: https//wwwfacebook com�HistoricJohnPFurberFarmWeddin�EventBarn
4
From: Ben Boike <BBoike@cotta�e�rovemn.�ov>
Sent: Monday,July 20, 2020 8:34 AM '
To: wayne johnpfurberfarm.com <wa�ne@johnpfurberfarm com>
Cc:Jennifer Levitt<JLevitt@cotta�e�rovemn �ov>
Subject: RE: Hope Glen Farm
Hi Wayne!
The City approved a plan,which was reviewed by the state (DOLI), for an alternative means of fire suppression which
Hope Glen has been working on. The City recently issued a temp CO for both the barn and pavilion with a final
inspection scheduled for later this week.
Ben Boike
Community Development Director
City of Cottage Grove
Direct: 651-458-2830 � bboike@cotta�e�rovemn �ov
General: 651-458-2800 � www.cotta�e�rovemn.�ov
12800 Ravine Parkway South, Cottage Grove, MN 55016
�����..��
_ ' .�.��`�`��'
' ° �h��� Fri�� and;�'ra54��fit�r M���
_ � :,� ,.� ; � _ � _
,
, i� �,'
_ _.. . _ _
From: wayne johnpfurberfarm.com <wayne@johnpfurberfarm com>
Sent: Friday,July 17, 2020 5:35 PM
To: Ben Boike <BBoike@cotta�e�rovemn �ov>;lennifer Levitt<JLevitt@cotta�e�rovemn �ov>
Subject: Hope Glen Farm
Good afternoon Jennifer and Ben!
I forgot to ask at the City Council meeting if Hope Glen Farm has pulled a permit to install the fire suppression
system. Please advise as the State Fire Marshal will not see it come through.
Respectfully Yours,
Wa ne Butt, owner
#: �
� � ..
�) �� >
sYy �.� � 4 y:
p �, t1' _
�
� �
�i� � � �-`
� �#
��������. �: �
,�ly=;
�! �►1U - ��:
�� ., ,
.
Historic John P. Furber Farm
5
7310 Lamar Avenue South,Cottage Grove,MN 550 I 6-Z3Z i
Celi: (65 I) 336-44Z i
Email: Wayne@JohnPFurberFarm.corn
Website: www.JohnPFurberFarm.com
Like us on Facebook: https�,[/vv�iwv facebook com�NistoricJohnPFurberFarrnWeddinaEventBarn
6
wayne johnpfurberfarm.com
From: wayne johnpfurberfarm.com
Sent: Friday, July 31, 2020 9:36 AM
To: Ben Boike
Cc: Jennifer �evitt; Korine Land
Subject: RE: Data Request
Good morning Ben!
Now that you have the plans from the architect and engineer, I would like to stop by around 1pm today to take a peek at
the letters from each demanding the "trade secret data"from each. And I would like to see both front covers of these
plans where there is not"trade secret data" to review their code analysis. If you deem there is pertinent data on their
code analysis page, please cover this "trade secret data" with pieces of paper or anything that would hide this data so
that it is not visible. The code analysis is not"trade secret data" and should be visible to the naked eye.
Also, what calculator is being used to calculate floor space in the old barn? i see that a "99" is being used from what is
on the wall, but that does not determine occupancy load, � ;
Thank you very much!
Respectfully Yours,
W� ne Butt, owner
.
�, �
� ��
� .
, . : � . , ���� �
� _ � k ,
�� �� � � � �y��,��
� .,, , ���
y-F" �� �4
L�� ��� h 1
v
r,t z � � � �,�t�'�
�Z. r.� � �s. .�� �r��ir
� ,a 1 9,~ � - �.
� �
�..
Historic John P. Furber Farm
7310 Lamar Avenue South,Cottage Grove,MN SSO l 6-Z3Z I '
Ceil: �651� 336-44Z 1
Email: Wayne@JohnPFurberFarm.com
Website: www.JohnPFurberFarm.com
Like us on Facebook: https://www.facebook.com/HistoricJohnPFurberFarmWeddin�EventBarn
From: wayne johnpfurberfarm.com
Sent:Thursday,luly 30, 2020 8:43 AM ,
To: Ben Boike<BBoike@cottagegrovemn.gov>
Cc:Jennifer Levitt<JLevitt@cottagegrovemn.gov>; Korine Land <KLand@levander.com>
Subject: RE: Data Request
Super and thank you!
Respectfully Yours,
1
W� ne Butt, owner
� -
� -'
�
-x �: � * �.-
�_ � � � �
..� � � �t
� .x
� : �� �_
Historic John P. Furber Farm
73 I 0 Lamar Avenue South,Cottage Grove,MN 550 I6-Z321
Ceil: (�51� 336-442 I
Email: Wa�ne@JohnPFurberFarm.com
Website: www.JohnPFurberFarm.com
Like us on Facebook: htt�s�//wv�n�v facebook com�HistoricJohnPFurberFarmWeddinaEventBarn
rrom: B�ri Bc�ike <BBoikeC�cotta�e�rovzmn.gov>
Sent:Thursday,July 30, 2020 8:39 AM
To:wayne johnpfurberfarm.com <wavne@iohnpfurberfarm.com>
Cc:Jennifer Levitt<JLevittCu�cottage�rovemn.�ov>; Korine Land <KLand@levander.com>
Subject: RE: Data Request
Wayne,
William Beckiin signed the plans. His "lic. Number" by his signature on the plans is 18494.
Douglas Whitney signed the code analysis. His "reg, number" by his signature on the analysis is 15910.
The address for Becklin &Whitney Consulting Engineers is PO Box 471, Cambridge, MN 55008.
Ben
From: wayne johnpfurberfarm.com <wavne iohnpfurberfarm.com>
Sent:Thursday,July 30, 2020 7:26 AM
To: Ben Boike<BBoike@cottagegrovemn.�ov>
Cc:Jennifer Levitt<JLevitt@cotta�e�rovemn.�ov>; Korine Land <Kland levander.com>
Subject: RE: Data Request
Good morning Ben!
That's a first—trade secrets for an old barn and a pavilion. Okay!
Please send me the following:
Engineer Name,Address and License Number
Architect Name,Address and License Number
Respectfully Yours,
Wayne Butt, owner
z
�. f'&.:. .. ���.
,}j
a
i Y
�
�u 3
�� �„: .� ' :� �
s ,
, �
�,�' �� _ ���"�;
: �
� ,� .. ;: ��
� ��� ��� ����:�%
w, .
._. �..,._ � � . . � ,.
�€ �'� —
µ� ��. :
Historic John P. Furber Farm
73 I 0 Lamar Avenue Sou[h,Cottage Grove,MN 550 I 6-2321
CeIL (651� 336-44Z 1
Email: Wavne@JohnPFurberFarm.com
Website: wwwJohnPFurberFarm.com
Like us on Facebook: https:,[/www.facebook.com/HistoricJohnPFurberFarmWeddin�EventBarn
From: Ben Boike <BBoike@cottage�rovemn.gov>
Sent:Wednesday,luly 29, 2020 3:41 PM
To: wayne johnpfurberfarm.com <wayne@johnpfurberfarm.com>
Cc:Jennifer Levitt<JLevitt@cotta�egrovemn.�ov>; Korine Land <KLand@levander.com>
Subject: RE: Data Request
Wayne,
The engineer has indicated that they contain trade secrets information and after our review, we have determined that
they are indeed not public data.
Ben Boike
Community Development Director
City of Cottage Grove
Direct: 651-458-2830 � bboike@cotta�e�rovemn.�ov
General: 651-458-2800 � www.cotta�e�rovemn.�ov
12800 Ravine Farkway South, Cottage Grove, MN 55016
�����.�� _
_ ��o��
���t ���
��er� PrI�� an+���c��P y t
From:wayne johnpfurberfarm,com <wayne@johnpfurberfarm.com>
Sent:Wednesday,July 29, 2020 3:05 PM
To: Ben Boike<BBoike@cotta�e�rovemn. ov>
Cc:Jennifer Levitt<JLevitt@cotta�e�rovemn.�ov>; Korine,Land <KLandC@levander.com>
Subject: RE: Data Request
3
Sounds good and thank you for emailingl
"As a result, I am not able to provide the submitted code analysis/plans that were submitted to the City. "
When may I stop by and review the architect drawings and engineer drawings for the barn and pavilion?
Reminder—if they are not stamped"Copy Right"protected,they are viewabie by the public and this is public data.
Respectfuliy Yours,
Wa ne Butt, owner
�
� �`;� �. �
� �
� , �� '�..
� ��:
� �
������ ;
Historic John P. Furber F�rm
7310 Lamar Avenue South,Cottage Grove,MN S50 I 6-Z321
Cell: (65)� 336-44Z i
Emaii: Wayne@JohnPFurberFarm.com
Website: v�nNw.JohnPFurberFarm.com
Like us on Facebook: https;�/www facebook com/HistoricJohnPFurberFarmWeddin�EventBarn
Frorr�: Ben Boike <BBoike cotta�egrovemn.�ov>
Sent: Monday,July 27, 2020 4:38 PM
To:wayne johnpfurberfarm.com <wayne johnpfurberfarm,com>
Cc:Jennifer Levitt <1Levitt(a)cotta�egrovemn.�ov>; Korine Land <KLand�levander.com>
Subject: Data Request
Good Afternoon,Wayne!
Enclosed please find the public data pursuant to your data practices request.
The data that is not being provided is related to certain building and architectural plans or designs. This specific data is
protected trade secret data under Minn. Stat. §13.37 subd 1(b) because the disclosure of the data, as stated by the
professional licensed engineer, contains a formula, pattern, compilation, program,device,method,technique or process
that was supplied to the�ity,that is the subject of efforts by the engineer that are reasonable under the circumstances to
maintain its secrecy and that derives independent economic value from not being generally known to and not readily
ascertainable by other persons who can obtain economic value from its disclosure or use. Trade secret data is classified as
not public(Minn, Stat. §13.37 subd. 2).
As a result,I am not able to provide the submitted code analysis/plans that were submitted to the City. I have attached,
however, City correspondence that outlines the steps taken by Hope Glen to bring the barn/enciosed porch and pavilion
into compliance.
Thanks!
Ben Boike
4
Community Development Director
City of Cottage Grove
Direct: 651-458-2830 ( bboike@cottage�rovemn.�ov
General: 651-458-2800 ( www.cottage�rovemn.�ov
12800 Ravine Parkway South, Cottage Grove, MN 55016
: _ ��fi��.��
��o��
�'��r� ����'ra�p�rtty ����
Prid+�
5
, dS. `s` � � '
.
� � � ' � ' • � : • ' � � � '
Old barns have become a popular venue for weddings, receptions,family reunions and similar gatherings.
What are the main code-related issues that should be considered?
As an existing building, the barn would be subjected to the requirements of the Minnesota Conservation Code
for Existing Buildings. In most instances,this would constitute a change of use as the barn was likely agricultural
and exempt from the code under Minnesota Statutes§ 3268.121. Converting a barn for weddings and similar
functions reclassifies the building as an assembly use.
The biggest code issues that may arise from this � �� �
change of use/occupancy classification are:
• Requirement for an automatic sprinkler system ' -,
for assembly occupancies. ���� � `'`
�_�
• Accessibility to the building, rest rooms and ��� �
elevated levels or floors. Y `" ` '
• Minimum number of sanitation facilities (toilets,
lavatories and drinking fountains). _�,
,� � �
,�.� _ .:
• Door swing, panic/fire exit hardware. �� �� = �' �� I
t _ r
• Exit signs and emergency illumination. ,�; � �� ��-=
• Fire detectors both manual and automatic.
� :_:
, : �.
• Allowable area and height based on the type of �,,,�- '��, ��� �� _��� ��
construction and occupancy classification.
• Structural—most barns were never designed for the assembly use and, if exempt as agricultural, there is a
good chance that the required snow and wind loads were not considered as for commercial buildings.
Does converting a barn to an assembly use require having plans prepared?
Yes, because this changes the purpose and puts the barn into a higher risk use, plans for the barn's conversion
must be prepared by Minnesota licensed architects and engineers.
Does the new law for places of public accommodation apply to barns that are converted for weddings or
recepfions?
Yes, if the barn contains a room or space having an occupant load of 200 or more, ;;
Who enforces the building code on wedding barns?
As of July 1, 2017, where there is no local government building official, plans must be submitted to the Minnesota
Department of Labor and Industry (D�i) for building code review and approval before construction can begin. DLI
issues permits and inspects the construction of public assembly spaces in all non-code enforced areas.
� �� DEPARTMENT OF , ' Web wwwdlimngov
" L A B O R 'A N D I�N D U S T��R Y � � Phone: 651=284-5005 or��1-800-657-3944
CONSTRUCT.ION CODES AND LICENSING