Agenda Packets - 1989/06/19 - Laserfiche WebLink

Home Browse Search

MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK -ADMINISTRATOR DATE: JUNE 6, 1989 SUBJECT: LANDMARK FSTATES' DECKS As some of you may recall, during the tail end of -the completion of the Landmark Estates apartment complex project the City was in conflict with the developer and owner, Mr. Chris Anderson, regarding his use of untreated wood for the structural members of the decks on his units. At that time, and to this date, Minnesota Building Code has required that such structures be constructed of redwood, cedar or pressure -treated wood. Mr. Anderson agrued that since his wood had been treated with an appropriate chemical contained in a stain, that the wood was safe and replacement unnecessary even though the wood did not comply with the Building Code. A settlement to this confiiul was reached when the City entered into an agreement with Mr. Anderson on October 9, 1985 which required that the developer rebuild all deck structures with cedar, redwood or pressure -treated wood on or before August 31., 1988 and post a $60,000 bond to ensure compliance. Since Mr. Anderson did not fulfill his obligations under the supplemental agreement, City Attorney Meyers filed claim against the surety bond prior to its expiration. The surety bond company has not seen fit to respond to our claim, even after several attempts by Attorneys Meyers and Karney to prompt a response from them. Christoper Companies has submitted to the City two inspection reports from HDR Engineering, Inc. indicating that the deck structures are sound and not in need of reconstruction due to rot, decay or other circumstances. Also, Building Inspector Tobias has performed an inspection of those decks he was able to access and has indicated that the decks appear to be in good condition and not in need of any replacement at this time. Christopher Companies has proposed that the October, 1985 supplemental agreement be superceded by a new agreement between the City of Mounds View and Christopher Companies which would call for Christopher Companies to perform annual inspections on the decks and replace any decks on which defects are noted within 60 days of notification of the defects. The notification would be as a result of their engineer's report and/or the City's Building Inspector advising them of any defects noted in his inspection. The agreement would further provide that should Christopher Companies not replace the defective deck(s), the City has authority to enter the property, replace the deck(s) and assess said costs against the property. Ci'cy Attorney Karney and I have discussed this matter in detail and are recommending that the Council agree with the revised k J agreement for the following reasons: z me )_` the decks at this :.c:e shuw any defe..e _.:� ._. .7 .... .. ... e�' '.