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05/20/1991 - 00006021LJ � ' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 20, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councilmembers and audience in the Pledge of Allegiance. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF AWARD: WALTER RASMUSSEN, HOUSING AND REDEVELOPMENT AUTHORITY: Mayor Nee stated that the Council wished to present a plaque to Walter Rasmussen in appreciation for his service on the Housing and Redevelopment Authority. He stated that Walter has been a very constructive force, not only in Fridley, but in northeast Minneapolis and Anoka County. He stated that Walter has been involved in commercial development and a number of public service programs such as Habitat for Humanity. He stated that Walter is retiring and the plaque will be delivered to him, as he was unable to attend this meeting. PRESENTATION OF PROCLAMATION: PUBLIC WORKS WEEK, MAY 19 - 25, 1991: Mayor Nee read and issued a proclamation proclaiming the week o£ May 19 - 25, 1991, as Public Works Week. He called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works and to recognize the contributions public works personnel make every day to the health, safety and comfort of Fridley's residents. Mr. Flora, Public Works Director, accepted this plaque on behalf of the Public Works employees. , � � FRIDLEY CITY COUNCIL MEETING OF MAY 20 1991 PAGE 2 APPROVAL �F MINUTES: COUNCIL MEETING. MAY 6. 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following two items were added under Item 13: (13D) Carnival License for Skip Reinke at Holly Center on May 29 - June 2, 1991; and (13E) Request to Waive Fee for a Banner at Marquette Bank. MoTION by Councilman Schneider to adopt the agenda with the above two additions. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 1. PUBLIC HEARING TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING." BY AMENDING SECTIONS 205.04, "GENERAL PROVISIONS." FOR ABOVE GROUND FUEL STORAGE TANKS: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:39 p.m. Ms. Dacy, Community Development Director, stated that Kevin Meeks, an intern under the Urban Corps Program, and she have been working with the Fire Department regarding this ordinance amendment on above ground fuel storage tanks. She introduced Kevin to the Council and stated that he would make a presentation regarding this proposal. Mr. Meeks stated Federal law requires that underground fuel storage tanks (UGFS) be replaced by the year 2000. He stated that there is concern due to the expense of replacement and installation of the tanks that property owners, in order to save money, will switch from underground to above ground fuel storage tanks. He stated that aesthetic and safety impacts need to be addressed, and the proposed ordinance would regulate the placement and installation of above ground tanks. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1991 PAGE 3 ' Mr. Meeks stated that the Planning Commission has recommended an amendment to the ordinance which provides for the regulation of the above ground fuel storage tanks. Mr. Meeks reviewed the provisions of this amendment as covered under Section 205.04, 9 A-H. A video tape was shown on the locations of above ground fuel storage tanks in the City. Ms. Dacy stated that a letter was received from FMC Corporation requesting clarification of the ordinance. She stated that they wanted to know the definition of a Class I fuel. She stated that a Class I fuel is a flammable liquid, and a Class II fuel is a combustible liquid. She stated that the word "fuel" would be more clearly defined in this proposed amendment. Ms. Dacy stated that FMC was also concerned about the requirement for fencing, and they also asked if a tank cannot be seen from a public right-of-way would fencing be required. She stated wording could be added that if a tank cannot be seen from the right-of-way, the fencing with slats will not be required. MOTION by Councilman Billings to receive the letter from FMC regarding this proposed ordinance amendment. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Councilman Billings stated that if these tanks were not screened, they may be an eyesore for adjacent property owners. Ms. Dacy stated that as far as aesthetics, the tank should not be visible from a public right-of-way. She stated in industrial zoning districts it is required that vehicles be stored in the rear yard and not be visible from a public right-of-way which is the same approach that was used in regard to the above ground tanks. Mayor Nee asked if there is a reason for the screening other than aesthetics. Ms. Dacy stated that it is primarily for aesthetic purposes, but it is also a safety factor from the Fire Department's viewpoint. Mr. Larson, Deputy Fire Chief, stated that most of Fridley's existing tanks are screened. He stated that the large tanks have a lot of valves, and that is the reason why they should be enclosed with an eight foot fence. He stated that service stations are required to install posts into the ground so that vehicles will not back into the tanks. He stated that there never has been documentation of an underground tank catching fire and exploding, but there are many cases of above ground tanks catching fire. � Ms. Dacy stated that this amended ordinance would allow above ground fuel storage tanks as a permitted accessory use in commercial and industrial zoning districts. She stated that those FRIDL$Y CITY COUNCIL MEETING OF MAY 20. 1991 PAGE 4 � persons wishing to install an above ground fuel storage tank must meet requirements established by the Uniform Fire Code, the Minnesota Pollution Control Agency, and obtain a permit from the State Fire Marshall. Ms. Dacy stated that in commercial zoning districts and for automotive service stations in an industrial district, above qround fuel storage tanks shall not exceed a 1,00o gallon capacity and/or six feet in height and/or diameter. Ms. Dacy stated that the intent was to prevent a service station from having an above qround tank larger than 1,000 gallons. She stated that this would prohibit the storage of gas above ground but would allow storage of propane gas in an above ground tank. Councilman Schneider stated that a business located in industrial zoning could install a 5,000 gallon above ground fuel storage tank. Mr. Larson stated that this could be done, but there are setback requirements which must be met. Councilman Schneider asked if there was a reason to allow more above ground storage tanks even in industiral zoning. Ms. Dacy stated that staff's main concern was with automotive � service stations. She stated that on industrial sites there is generally more space and with the restrictions of the Fire Code, she did not believe there would be a problem. She stated that staff did not want to limit the ability of an industry to operate, and the primary focus was on automotive service stations. No other persons in the audience spoke regarding this proposed ordinance amendment. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:00 p.m. NEW BUSINESS: 2. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 31, ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES"• Mr. Hill, Public Safety Director, stated that pawn shops have been locating in the suhurbs, and that Fridley has received two inquiries from individuals regarding regulations pertaining to pawn shops. He stated that he felt it may be prudent for the City to � enact an ordinance regulating this business. He stated that this ordinance is based on an ordinance prepared by the cities of Bloomington and Eagan and refined for the City's purposes. He FRIDLEY CITY COUNCIL MEETING OF MAY 20. 1991 PAGE 5 , stated that this proposed ordinance has been reviewed by the Assistant City Attorney. Mr. Hill reviewed each section of the ordinance covering such items as licensing, renewal application, license fees, bonding, persons and places ineligible for a license, conditions of a license, restricted hours of operation, and inspections. Councilwoman Jorgenson asked if it is possible, under this ordinance, for a pawn shop to be located in a residential home. Mr. Hill stated that there is nothing in the ordinance that would prohibit it. Ms. Dacy, Community Development Director, stated that it would be questionable to consider a pawn shop a home occupation. She stated that it is not a use identified in an R-1 zoning district. She stated that she felt it would not be a permitted use under the definitions provided in this ordinance. Councilwoman Jorgenson stated she wanted to make sure that someone residinq in any residential zone, such as R-1, R-2 or R-3, does not apply for a license under this ordinance. She stated that if such a business could locate in a residential area, it would mean � increased traffic in the neighborhood. Mr. Hill stated that under Section 31.10, persons and places ineligible for a license, wording could be added that pawn shops would not be allowed in the residential zones. Councilwoman Jorgenson stated that she felt it may be wise to include this wording in the ordinance. Councilman Schneider questioned if this might not be addressed in the Zoning Code. Councilman Billings felt that it may be better to address this question under the Zoning Code to prohibit such a business in residential areas rather than under the licensing ordinance. Councilwoman Jorgenson stated that when the City provided for the licensing of adult businesses, the distances they had to be located from parks and schools was addressed under the licensing, and she felt this was a similar situation. Ms. Dacy stated that the Zoning Code was also amended, and there could be a companion amendment with this ordinance. Mr. Herrick, City Attorney, stated that the only way a pawn shop � could be located in a residential zone was if it met all the requirements of a home occupation. He stated that, if the Council � � � FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1991 PAGE 6 wished, an amendment could be accomplished to provide that pawn shops would have to be located in a commercial zone. Mr. Burns, City Manager, stated that he also had a concern if pawn shops could be located in a residential area. Mr. Herrick stated that if pawn shops are permitted in a particular zoning district, it is interpreted that it is not permitted in the other zoning districts. MoTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RESOLUTION NO. 45-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAM$LING PREMISE PERMIT TO THE CHURCH OF THE IMMACULATE CONCEPTION: Mr. Pribyl, Finance Director, stated that this resolution is to approve the application for a gambling premise permit for Immaculate Conception Church at the Knights of Columbus Hall at 6831 Highway 65. MOTION by Councilman Schneider to adopt Resolution No, 45-1941. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 8, 1991• A. ESTABLISH PUBLIC HEARING FOR JUNE 3. 1991. TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING" BY DELETING AND RENUMBERING CQNSECUTIVE SECTIONS OF THE R-3, GENERAL MULTIPLE DWELLSNG DISTRICT REGULATIONS (LANDSCAPING L MOTION by Councilman Schneider to set the public hearing on this amendment £or June 3, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Comsnission meeting of May 8, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 PAGE 7 5. ESTABLISH A PUBLIC HEARING FOR JUNE 17, 1991, FOR A REZONING, ZOA #89-04. TO REZONE LOT 4. BLACK 6, CITY VIEW ADDITION FROM R-2 TO C-2. GENERALLY LOCATED AT 5701 UNIVERSITY AVEN[7E N.E. BY ASHLAND OIL COMPANY: MOTION by Councilwoman Jorgenson to set the public hearing on this rezoning for June 17, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. APPROVAL OF REVISED COMPREHENSIVE SIGN PLAN FOR MOON PLAZA, GENERALLY LOCATED AT 6201-6269 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that the owners of Moon Plaza are remodeling their existing marquee which will provide a four foot high light box extending the entire frontage of Moon Plaza. She stated that the light box will provide a white lexan panel on which tenants can place vinyl letters advertising their businesses. She stated that the size of the tenant sign panel will be 3 feet by 16 feet and within the allowable square footage of the Sign Code. Ms. Dacy stated that staff recommends the Council, approve the revised Comprehensive Sign Plan for Moon Plaza. MOTION by Councilman Billings to approve the revised Comprehensive Sign Plan for Moon Plaza. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST 1991 - 1& 2• Mr. Flora, Public Works �irector, stated that eight bids were received for Street Improvement Project ST 1991 - 1& 2. He stated that this project covers the widening and upgrading of 73rd Avenue, sidewalks along 73rd Avenue and into Locke Park and Community Park, various overlays and improvements, the Fire Training Center parking area, and an additional right-turn lane on West Moore Lake Drive. Mr. Flora stated that it is recommended that the contract be awarded to the low bidder, W. B. Miller, in the amount of $366,230.�0. MOTION by Councilwoman Jorgenson to receive the following bids for Street improvement Project No. ST 1991 - 1& 2: Company W. B. Miller 16765 Nutria Street Ramsey, MN 55303 Total Bid $366,230.00 , � ' FRIDLEY CITY COIINCIL MEETING OF MAY 20. 1991 PAGE B Company Midwest Asphalt Corp. P. O. Box 5477 Hopkins, MN 55343 GMH Asphalt 17018 Saddlewood Trail Minnetonka, MN 55345 Hardrives, Inc. 9724 lOth Ave. N. Plymouth, MN 55441 Valley Paving, Inc. 8800 13th Ave. East Shakopee, MN 55379 Northwest Asphalt 1451 Co. Rd. #18 Shakopee, MN 55379 Alber Construction 9636 85th Ave. N. Maple Grove, MN 55369 Alexander Construotion 9050 Jefferson Trail Inv. Grv. Hgts., MN 55077 Total Bid $378,464.40 $394,926.0 $395,732.00 $435,751.60 $440,438.50 $448,762.50 $498,145.63 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for Street Improvement Projeat No. ST 1991 - 1& 2 to the low bidder, W. B. Miller, in the amount of $366,230.00. Seconded by Councilwoman Jorgenson. Mr. Burns, City Manager, stated that the bid includes $23,000 for paving of the Fire Training Center, and the City has the option to include or delete this item. Councilman Billings asked if this firm has done work for the City in the past and if the provisions regarding prevailing wages are included in the contract. Mr. Flora answered in the affirmative to both of these questions. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1991 PAGE 9 8. RECEIVE BIDS AND AWARD CONTRACT FOR SPRINGBROOK NATURE CENTER LANDSCAPING AND ENTRANCE AREA PROJECT: Mr. Kirk, Director of Recreation and Natural Resources, stated that bids were opened this morning for the Springbrook Nature Center landscapinq and entrance area project. He stated that all bids were higher than anticipated. Mr. Kirk stated that the lowest bid was $37,825, and the amount of funds available for this project was about $30,000. He stated that out of this $30,000, the cost for the irrigation system is approximately $5,800 which leaves $24,200 for the portion of the project that was bid. Mr. Kirk stated that it is recommended the Council receive and reject all the bids. He stated that staff will rework the landscaping and rebid in time for the fall planting season. MOTION by Councilwoman Jorgenson the Springbrook Nature Center Project: Company Minnesota Valley Landscape, Inc. 10901 Nesbitt Ave. So. Bloomington, MN 55437 Lino Lakers Nursery, Inc. 2D195 Greyston Ave. Forest Lake, MN Fair's Garden Center 201 East Broadway P. O. Box 746 Monticello, MN 55362 Turf Master's, Inc. 919 85th Lane N.W. Coon Rapids, MN 55433 to reaeive the following bids for Landscaping and Entrance Area Total Bid $39,375.00 $39,446.00 $37,825.00 $ 6,621 (For irrigation system only) Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to reject all the bids for the Springbrook Nature Center Landscaping and Entrance Area Project. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to submit a new � proposal in August. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COONCIL MEBTING OF MAY 20. 1991 PAGE SO ' Mr. Burns, City Manager, stated that he wondered if the bids may be more competitive in the fall since this is the busy season for planting. Mr. Kirk stated that some bidders felt now was the best time; however, some companies did not bid because they were too busy and behind in their work because of the rain. He felt that by reworking, streamlining the plan, and probably using some volunteer help the project could still be completed in the fall. 9. INFORMATION REGARDING FIRE/DRAFT STOPS IN CHIMNEYS: Ms. Dacy, Community Development Director, stated that Mr. Rochelle addressed the Council at their April 22, 1991 meeting and raised several questions about the number and type of chimney stops in townhomes, particularly at his townhome at 5435 W. Brenner Pass. She stated that the City Attorney wanted further clarification, in writing, from the State Building Inspector as to how many draft stops are required in a chimney for a building about ten years old. Ms. Dacy stated that a letter was received from Mr. Elroy Berdahl, Building Code Representative Supervisor with the State of Minnesota, outlining his position on this issue. She stated Mr. Berdahl notes that if alteYations are being performed on a ' chimney chase which only affect the replacement siding, the existinq chase is an "existing building element per IIBC Section 104.(C)". She stated this particular section states that the existing situation can remain unless continued use can be determined to be dangerous to life." Ms. Dacy stated that the issue regarding the number of draft stops was the result of building permits filed for siding repairs that needed to be done on these townhomes. She stated that a number of the townhomes were built without a draft stop in the fireplace. She stated that until this past year, about fifteen of the townhomes were repaired and one draft stop installed above the fireplace. Ms. Dacy stated that when Mr. Rochelle applied for his building permit there was a question whether one or three draft stops would be required in his townhome as the chimney passes by three floors or ceilings. She stated Mr. Berdahl's letter states that during the time these townhomes were constructed, typical industry standards were to use a separation board between the outside of the unit and chimney chase itself with the installation of one draft stop. She stated that the lack of a draft stop will not prevent a fire from occurring; nor can it be considered a"danger to life." She stated that the purpose of the draft stop is to slow the progress of the fire up the chimney chase. � Ms. Dacy stated that the Council questioned the City's obligation to the fifteen townhouse owners who already installed one stop. FRIDLEY CITY COIINCIL MEBTING OF MAY 20. 1991 PAGE 11 � She stated that these fifteen owners which have one draft stop are in compliance with the Uniform Fire Code. She stated that Ms. Lager, who resides in one of the townhomes, wanted a letter verifying whether her chimney is in compliance with the code. Ms. Dacy stated that based on Mr. Berdahl's letter, Ms. Lager is in compliance. Ms. Dacy stated that as far as the townhouse owners that have no draft stops, she believes the City should advise them that if they work on their chimneys they should be encouraged to install the number of fire stops according to the number of stories in their building. Ms. Dacy stated that there was confusion as to whether one or three draft stops were required in Mr. Rochelle's unit. She stated that Mr. Rochelle did have three draft stops installed, and this is the proper and safest amount. She stated that she believes the City does not have any financial obligation to upgrade the chimneys on the existing fifteen townhomes or the remaining five townhomes which do not have any draft stops. She stated that the City Attorney, Mr. Herrick, has submitted a memo regarding the legal issue. Mr. Herrick, City Attorney, stated that the Council has received � a memo from his office which he would briefly summarize. He stated that he reviewed the Uniform Building Code, McQuillin on Municipal Corporations, and cases by the Minnesota Supreme and Appellate Courts. He stated that based on all of these authorities, it is his opinion that the City does not have any legal liability in this situation. Mr. Herrick stated the Uniform Building Code indicates that neither the inspector nor the municipality are liable for any oversights. He stated that in reviewing eight or ten Minnesota Supreme and Appellate Court cases, he has quoted the owatonna and St. Louis Park cases. He stated that he believes these are leading cases in Minnesota, and the Appellate Court has followed these holdings as recently as 1969. Mr. Herrick stated that based on all of these factors, it is his opinion that the City has no liability. He stated that the City is not an insurer of construction of buildings, and the primary responsibility lies with the owner of the building and the contractor. Councilman Billings stated the issue that was not addressed was the request by Mr. Rochelle that a panel be assembled to hold a hearing to determine if there was any criminal negligence on the part of the City staff. He asked if the Council has any authority to act � on this request. FRIDLBY CITY COIINCIL MEETING OF MAY 20, 1991 PAGE 12 � Mr. Herrick stated that, in his opinion, there is no criminal or civil negligence, and the standard for criminal negligence would be greater than civil negligence. Councilman Billings asked in matters of criminal negligence, depending on the severity, if a grand jury would be involved. Mr. Herrick stated that if the reference is to criminal procedure, this would be correct. Mr. Rochelle, 5435 W. Brenner Pass, stated that he would like an independent board established by the Council that works for the citizens of this City to see if any criminal wrongdoing has taken place. He stated that each one of the cases to which Mr. Herrick referred is one individual person against a city inspector for one particular thing. He stated that what is involved here is twenty homes plus all the rest of the townhomes Mr. Farr built which probably have the same problem. He stated that he contends the City inspector signed off on all these inspections without really seeing that the job was done. Mr. Rochelle stated that his chimney was fixed for one reason only, and there was not anything wrong with the outside of the chimney. He stated that he was told in November 1990 when he bought his � townhome that there was a problem with the fire stop. He stated that the lady next door told him not to build a fire because it was a hazard. Mr. Rochelle questioned why the City inspector came out and told his contractor there had to be three fire stops. He stated that Mr. Clark stated there had to be three, and that someone reminded him he signed off for one and then stated to go ahead with one stop. He stated that he does not know if that is criminal or not. Mr. Rochelle stated Ms. Dacy contends that only new construction now requires a fire stop for each floor. He asked if the owners of the five remaining townhomes took down their chimneys, if they would be told they only need one stop where new construction requires three stops. He asked that because it has been said it is not a threat to life, does it mean that any time something is taken apart in your home and it is not life threatening that you do not have to bring it up to code. He stated it seems that is what is being done in this case. Councilman Schneider asked if the Council does not come to some agreeable conclusion what would Mr. Rochelle's options be. Mr. Herrick stated that he can aontact the County Attorney if he feels there is some criminal offense greater than a misdemeanor. � xe stated that if Mr. Rochelle feels it is a civil action, he would have to contact his own attorney. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 1991 PAGE 13 � Mr. Rochelle stated that the Council should forget about the criminal issue. He stated that there is a problem and wondered if anyone felt there has been any wrongdoing. Mayor Nee stated that Mr. Clark has worked for the City for many years, and this is the first time he has heard any complaint. Councilman Schneider stated that Mr. Clark tries to do his job and discharge his duties to the best of his ability, but he is not on site at all hours of the day. Mr. Herrick stated that the City and building inspector are not guarantors that a building is constructed in all senses to all codes, and that is the standard interpretation in virtually every state. He stated that there may be two exceptions as indicated in McQuillin's publication. Mr. Rochelle asked if the City was contending it was acceptable to sign off on an inspection even though the inspector did not see the work done. Councilman Schneider stated he believed that Mr. Clark did not sign off speaifically on the chimney, and that it is practically impossible to see every element of construction. � Councilman Billings stated that he interpreted from Mr. Rochelle's statements that his primary request was for a board to be established to determine if there was any criminal wrongdoing. He stated that staff did not address this question, and he asked whether the Council had such authority. Councilman Schneider stated that from the information presented, Mr. Clark conducted a good faith inspection ten years ago. He stated that there are numerous legal opinions that the City and building inspector are not a guarantor that every home is built to code. Ae stated that there is a letter £rom the State indicating that the way the chimney was built likely met the standards ten years ago. He stated that from all the evidence, perhaps with the exception of the point made by Councilman Billings, the City has done its best job. Mr. Rochelle stated that he believes this issue is very serious and the Council should review it. Councilwoman Jorgenson stated that the Council did review Mr. Rochelle's complaint. She referred Mr. Rochelle to Page 9D of the agenda which quotes Section 202(f) of the Uniform Building Code of which states, in part, ��that a building official, acting in good faith and without malice in the discharge of his duties, shall not � thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties." She asked � � � FRIDLEY CITY COUNCIL MEETING OF MAY 20,_1991 PAGE 14 Mr. Rochelle if he was implyinq there was some malice that construed neglect of the building inspector's duties. Mr. Rochelle stated that he was afraid to say something to that effect as he might be sued. Councilman Billings believed Mr. Rochelle wanted someone to review Mr. Clark's record to see if some disciplinary action should be taken because he was not doing his job properly. He stated that this Council acts, basically, as a Board of Directors and has the responsibility to hire and fire one employee only which is the City Manager. He stated that the Council does not have the authority to discipline an employee. Councilman Billings stated that he has tried to take a neutral position which does not mean he does not respect Mr. Clark and everything he has done for the City. He stated that at the same time any one of the Councilmembers, if they look at things done over the past years, can point to something that was done wrong and wished they could have done it differently. Mr. Rochelle stated that he would like a yes or no answer if an inspector can sign off on an inspection without actually seeing the job done. Councilman Schneider stated that his answer is yes, as someone cannot look at every possible nail, electrical outlet, and materials used in construction. Mr. Rochelle stated that according to Section 1D4.(C) of the UBC, the townhomes are acceptable with the existing fire stop. He stated that the City knows there are five more townhomes which, it is assumed, do not have any fire stops in their fireplaces. He asked if it is assumed they do not have to be fixed. Mayor Nee stated that the State has indicated the present situation is tolerable and not unreasonable, but if the chimney is rebuilt, it should be brought up to standard. Ms. Dacy stated that there are a number of issues in the building construction industry that change over the years and, apparently, this is one of the areas. She stated that ten years ago a detail on the inside of the chimney was not required to be drawn on the plans. Mr. Rochelle stated he has to think that when he was told three fire stops were required the inspector was thinkinq this was new construction. Ms. Dacy stated that Mr. Rochelle's questions have helped in that, up until this time, the City did not have an official interpretation from Mr. Berdahl. FRIDLEY CITY COUNCIL MEETING OF HAY 20, 1991 PAGE 15 ' Councilman Schneider asked Mr. Rochelle how he would like to solve this problem. Mr. Rochelle stated that he wanted an independent board established to check into wrongdoing. He stated triat if only one home was involved it would be different, and that he cannot understand why the Council cannot see that there is a problem. He stated that it has cost him money because of the mistake. Mr. Herrick stated that he did not feel Mr. Rochelle�s statement was correct. He stated that the costs to Mr. Rochelle were due to the fact that the contractor did not construct the buildings properly, and the other part of the problem is that no one did anything until the statute of limitations had expired. He stated that the residents do not have any recourse against the contractor. Mr. Rochelle stated that he just bought the townhome in November so the statute of limitations had already run out when he bought the property. Councilman Schneider stated that he understands the funds he used to fix the chimney were in escrow. Mr. Rochelle stated that he had $1,000 in escrow, but this did not � cover all the costs. He stated that it was an additional $300 for the fire stops, and he felt he should be reimbursed. Mayor Nee stated that if Mr. Rochelle felt he had a claim, he could submit it for review by the City's insurance company. Mr. Rochelle stated that he was going to drop his request for an independent board and felt that Mr. Clark has learned a lesson. It was requested that staff place the item regarding notification to the five remaining townhouse owners on the Council's agenda for action. 10. RESQLUTION NO. 46-1991 DESIGNATING MINIMUM FUND BALANCES: MOTION by Councilman Schneider to adopt Resolution No. 46-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 12. CLAIMS: ' MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 37508 through 37741. Seconded by Councilman Schneider. Upon a FRIDLSY CITY CQIINCIL MEBTING OF MAY 20 1991 PAGE 16 � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13D. CARNIVAL LICENSE - MR. SKIP REINKE: Ms. Dacy, Community Development Director, stated that the Public Safety Director, Jim Hill, has reviewed the license and recommended approval. MOTION by Councilman Fitzpatrick to approve a carnival license for Mr. Reinke at the Holly Center from May 29 - June 2, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13E. REOUEST TO WAIVE FEE FOR BANNER AT MAROUETTE BANK: Ms. Dacy, Community Development Director, stated that this is a � request from Marquette Bank to waive the fee for a banner at Marquette Bank who are sponsors for the Honduran athletes during the National Special Olympic Games July 19-27. She stated that the Council's policy has been to waive the fee for non-profit organizations. Mr. Burns, City Manager, stated that there is private advertising on the banner, and that the Council should probably set a standard in this regard. MOTION by Councilwoman Jorgenson to deny Marquette Bank's request to waive the permit fee due to the commercial nature of the banner. Seconded by Cauncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Mark Traut Wells 151 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance of Well No. 1 , Project No. 215 . . , . . . • • FINAL ESTIMATE . . $ 9,625.67 L J � FRIDLEY CITY COUNCIL MEETING OF MAY 20. 1991 PAGE 17 Mark Traut Wells 151 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance of Well No. 4 Project No. 215 FINAL ESTIMATE . . . . . . . . . . . Chemlawn Commercial Services 1156 East Highway 36 Maplewood, MN 55109 Corridor Maintenance Project No. 217 Estimate No. 1 . . . . . . . . . . . HNTB 670D France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . Halvorson Construction 4227 165th Avenue Anoka, MN 55304 1991 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 1 . . . . . . . . . $10,596.00 $ 3,685.97 . . $ 1,866.41 $ 5,505.34 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 20, 1991 adjourned at 9:39 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council � Approved: William J. Nee Mayor