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3.3. SR 08-11-2003R3ver MEMORANDUM Item ~ 3.3. TO: Mayor and Council FROM: Tina Allard, Executive Secretary DATE: August II, 2003 SUBJECT: Request to Change the Approved July 14, 2003 Council Minutes REQUEST To change the July 14, 2003, City Council minutes to give an ordinance a proper number for codification and publication. BACKGROUND On Monday, July 14, 2003, the Council approved Item 5.6. Consider Amendment to the Fire Prevention Standards. This ordinance did not receive an ordinance number, and as such has not been published in the newspaper. Attached is a copy of Chief West's staff report, the ordinance, and a page from the July 14, 2003 minutes. The current language in the July 14, 2003, minutes reads as follows: "COUNCILMEMBER TVEITE MOVED TO APPROVE THE AMENDMENTS TO ARTICLE 3, CHAPTER 22, FIRE PREVENTION AND PROTECTION, OF THE ELK RIVER MINNESOTA CODE AS PRESENTED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0." Please consider the following language as a replacement: "COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 03-12 AMENDING SECTION 22-71 THROUGH 22-100 ARTICLE III FIRE PREVENTION STANDARDS OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0." ACTION REQUESTED Council motion approving the above-mentioned language for the July 14, 2003, City Council minutes. S:\COUNCIL\Sandy\MINUTECHANGE.doc Item ~ 5.6. MEMORANDUM TO: Mayor and City Council /~ // FROM: Bruce A. West, Fire Chief DATE: July 14, :2003 SUBJECT: Consider Amendment to Fire Prevention Standards The office of the Minnesota State Fire Marshal has recently adopted a new Minnesota State Fire Code that shall be enforced throughout our state. At this time, I am requesting Council approval for changes within Article 3, Chapter 22, Fire Prevention and Protection, of the Elk River Minnesota Code (see attachment). Many of the changes within Article 3 of Chapter 22 reference changes from the Minnesota Uniform Fire Code to the Minnesota State Fire Code. The Minnesota State Fire Marshal has adopted as its state fire code the International Fire Code. For the first time in history of code enforcement, the State of Minnesota is using both the International Building Code and International Fire Code as code enforcement documents. The adoption of the International Fire Code is referenced under Section 22-73 #3. With the adoption of the International Fire Code, deletions within our Article 3, Fire Prevention Standards, shall now take place because of the inclusion within the International Fire Code. The sections and articles referencing fire doors, resurfacing and refinishing, and fuel oil have now been included within the International Fire Code and therefore may be deleted from Article 3, Fire P:evenfion Standards. Other minor changes have been made throughout Article 3 and may be referenced throughout the proposed changes as presented to the Mayor and City Council. If you have any questions in reference to the above changes to Article 3, Fire Prevention Standards, please feel free to call me at the Elk River Fire Department at 763-441-4919. I will be in attendance at the July 14, 2003 City Council meeting to address any questions the Mayor and City Council may have. Action Requested It is requested that the Mayor and City Council approve the amendments to the fire prevention standards. S:\COUNCIL\Bruce\ ftreprevenfionstandards.doc ARTICLE III FIRE PREVENTION STANDARDS Sec 22-71 .~i~===.a ~-~-- .ir= ~-~- -~ .... ~ Minnesota State Fire Code Adopted The 1997 Minnesota Uniform State Fire Code, promulgated pursuant to Minn. Stats. § 299F.011 and Minnesota Rules ch. 7510, is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, except those portions that are deleted or amended by section 22-73. Ail future editions of the Minnesota Uniform State Fire Code shall automatically be adopted by the city as they are approved by the state, except those portions that may be deleted or amended by section 22-73. One copy of the Minnesota Uniform State Fire Code in effect within the city shall be on file in the office of the city clerk. (Code 1982, § 207.00) State law references: Adoption by reference, Minn. Stats. § 471.62. Sec. 22-72. Definitions of terms used in Minnesota" =~ .n-.o~ State Fire Code. (a) Wherever the words "chief of the bureau of fire prevention" are used in the Minnesota Uniform State Fire Code, they shall be held to mean the fire chief. (b) Wherever the word "jurisdiction" is used in the Minnesota Uniform State Fire Code, it shall be held to mean the City of Elk River. (Code 1982, § 207.04) Cross references: Definitions generally, § 1-2. Sec 22-73. Amendments to Minnesota" ~ · .n-.o~ State Fire Code. The Minnesota Uniform State Fire Code is amended and changed in the following respects: (1) Parking in or obstructing fire lane. It is unlawful to park any vehicle or to locate any obstruction in an area designated as a fire lane, whether the fire lane is adjacent to a public or private structure or property. (2) Review of building plans. The chief of the fire department or his representative shall review all building plans, except plans for single-family or two-family residences, to ensure compliance with the provisions of the Minnesota Uniform State Fire Code, and he/she shall note any violations discovered in connection with the proposed structures to such persons as shall be charged with the responsibility for review of such plans. i~ amcndcd to rcad...as follows: ({) (3) Article 1, section 105 (permits). Article 1, section 105 of the Uniform International Fire Code, titled "Permits," is adopted in its entirety and incorporated as fully as if set out in this section. (5) (4) Term of permits. Each permit issued by the fire department pursuant to the Minnesota Uniform State Fire Code shall be issued for a one-year period unless otherwise provided in this chapter. Tank installation and removal permits shall be valid until revoked by the fire chief or his designee. The chief of the fire department shall establish procedures and forms to carry out the intent of this chapter. (~) (5) Police powers of fire officials. The chief and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under the fire code. (7) ~"~" ~ (rcsurfacing ~-~ ............. = .... z ................ = rinks ........... CO~Cr~ ~O ~ c~blc rcq~irc~c~tD ........... = ................. = cpcraticn~ invclving ~..~ usc~..~ a cation~^r f!ammab!c liquids cr matcria!s without a iccal pcrmit, ~ .... ~ ~- fcllcws: ............ = ~asclinc may CD ' (9) (6) Christmas decorations in hospitals, schools and nursing homes. The use or display of natural or resin-bearing trees or decorations in hospitals, schools, and nursing homes is prohibited. (Code 1982, ~ 207.14) Sec. 22-74. Bureau of fire prevention. (a) Established; duties. The bureau of fire prevention is hereby established in the fire department of the city. The bureau shall be operated under the supervision of the chief of the fire department. The Minnesota Unifcrm State Fire Code shall be enforced within the city by the bureau. (b) Staffing; inspectors. The chief of the fire department may detail such members of the fire department as inspectors for the bureau as shall from time to time be necessary. The chief shall recommend to the council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitncus knowledge, skills, and abilities for the position. The examination shall be open to members and nonmembers of the fire department. (Code 1982, § 207.02) Sec. 22-75. Storage of flammable or combustible liguids in outside aboveground tanks. The limits referred to in the Minnesota 'Jnifcrm State Fire Code in which the storage of flammable or combustible liquids in outside aboveground storage tanks is prohibited are hereby established as the following zoning districts of the city: (1) R-lb. (2) R-lc. (3) R-Id. (4) R-2. (5) R-2b. (6) R-3. (7) R-4. (8) PUD. (9) sP. (10) c-1. (11) C-2. (Code 1982, § 207.06) Sec. 22-76. Storage of liquefied petroleum gas; open flame heaters or equipment. (a) Storage of liquefied petroleum gas. The limits referred to in the Minnesota Unifcrm State Fire Code in which storage of liquefied petroleum gas is restricted are hereby established as the following: (1) Residential districts. In all residential districts, liquefied petroleum gas containers shall be installed in accordance with the following requirements: a. Each individual container shall be located with respect to the nearest important building or group of buildings or line of adjoining property which shall be built on in accordance with the following table: TD2BLE INSET: Water Capacity per Container Containers (gallons) (feet) Between kboveground Containers(feet) Less than 125 10 None None 125 to 250 10 10 None 251 to 500 10 10 3 501 to 2,000 25* 25* 3 *Note: The distance requirements shall not be reduced to less than ten feet for a single container of 1,200 gallons' water capacity or less, providing such a container is at least 25 feet from any other liquefied petroleum gas container of more than 125 gallons' water capacity. b. It shall be unlawful to install any liquefied petroleum gas containers for use where one is stacked above the other. c. It shall be unlawful to install any liquefied petroleum gas container or combination thereof larger than 1,200 gallons' water capacity unless it is enclosed in an area with a secure fence six feet in height. (2) Commercial or industrial districts. No liquefied petroleum gas container shall be installed in any commercial or industrial district as shown and indicated on the official zoning map except in strict compliance with NFPA 58, standard for the storage and handling of liquefied petroleum gases. (3) Permit required. No liquefied petroleum gas container having a water capacity greater than 125 gallons shall be installed at any location without first having obtained a permit therefor from the building inspector and having paid a permit fee to be established by the council. (4) Temporary portable containers. Nothing contained in this section shall prevent the use of temporary portable containers during construction on the premises or for a period of not to exceed four monthm if permanent service of natural gas is prohibited because of frost conditions, subject to the issuance of a permit by the building and zoning official. (b) Open-flame heaters or equipment. It shall be unlawful for any owner or occupant of any structure containing two or more residential units without a property line to maintain in an operable condition or operate within a garage, whether attached or detached, used as an accessory use to such residential unit, the following: (1) An open-flame type heater or stove. (2) Welding or torch cutting equipment. (3) Any other equipment utilizing an open flame. (Code 1982, § 207.08) Sec. 22-77. Barbecues and open fires restricted at certain residential structures. (a) In any structure containing two or more vertically stacked residential units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio immediately adjacent to or within 15 feet of any unit. (b) No person shall store any fuel, barbecue, torch, or other similar heating or lighting chemicals or devices on any balcony above ground level, or on any ground floor patio immediately adjacent to or within 15 feet of any unit. (c) Electric grills or gas-fired barbecue grills which are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and which maintain a minimum clearance of 18 inches on all sides shall be installed on balconies and patios when approved by the fire chief. (Code 1982, § 207.12) Sec. 22-78. Fire lanes. (a) The marking of fire lanes on private and public property, devoted to public use, shall be approved by the chief of the fire department and/or the chief of police. (b) Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times. A violation of this subsection shall constitute a misdemeanor. (Code 1982, § 207.16) Sec. 22-79. Appeals. Whenever the chief of the fire department shall fail to approve an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within 30 days from the date of the decision appealed. (Code 1982, § 207.18) Sec. 22-80. Determination of permit requirements for new materials, processes or occupancies. The city administrator, the building and zoning administrator, and the chief of the fire department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those now enumerated in the fire code. Such list shall be kept available at the city hall. (Code 1982, § 207.20) Secs. 22-81--22-100. Reserved. ORDINANCE 03- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 22-71 THROUGH 22-100 ARTICLE III FIRE PREVENTION STANDARDS OF THE CITY CODE OF ORDINANCES Sec. 22-71. Minnesota State Fire Code Adopted The Minnesota State Fire Code, promulgated pursuant to Minn. Stats. § 299F.011 and Minnesota Rules ch. 7510, is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, except those portions that are deleted or amended by section 22-73. Ail future editions of the Minnesota State Fire Code shall automatically be adopted by the city as they are approved by the state, except those portions that may be deleted or amended by section 22-73. One copy of the Minnesota State Fire Code in effect within the city shall be on file in the office of the city clerk. (Code 1982, § 207.00) State law references: Adoption by reference, Minn. Stats. § 471.62. Sec. 22-72. Definitions of terms used in Minnesota State Fire Code. (a) Wherever the words "chief of the bureau of fire prevention" are used in the Minnesota State Fire Code, they shall be held to mean the fire chief. (b) Wherever the word "jurisdiction" is used in the Minnesota State Fire Code, it shall be held to mean the City of Elk River. (Code 1982, § 207.04) Cross references: Definitions generally, § 1-2. Sec. 22-73. Amendments to Minnesota State Fire Code. The Minnesota State Fire Code is amended and changed in the following respects: (1) Parking in or obstructing fire lane. It is unlawful to park any vehicle or to locate any obstruction in an area designated as a fire lane, whether the fire lane is adjacent to a public or private structure or property. (2) Review of building plans. The chief of the fire department or his representative shall review all building plans, except plans for single-family or two-family residences, to ensure compliance with the provisions of the Minnesota State Fire Code, and he/she shall note any violations discovered in connection with the proposed structures to such persons as shall be charged with the responsibility for review of such plans. (3) Article 1, section 105 (permits). Article 1, section 105 of the International Fire Code, titled "Permits," is adopted in its entirety and incorporated as fully as if set out in this section. (4) Term of permits. Each permit issued by the fire department pursuant to the Minnesota State Fire Code shall be issued for a one-year period unless otherwise provided in this chapter. Tank installation and removal permits shall be valid until revoked by the fire chief or his designee. The chief of the fire department shall establish procedures and forms to carry out the intent of this chapter. 5) Police powers of fire officials. The chief and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under the fire code. (6) Christmas decorations in hospitals, schools and nursing homes. The use or display of natural or resin-bearing trees or decorations in hospitals, schools, and nursing homes is prohibited. (Code 1982, § 207.14) Sec. 22-74. Bureau of fire prevention. (a) Established; duties. The bureau of fire prevention is hereby established in the fire department of the city. The bureau shall be operated under the supervision of the chief of the fire department. The Minnesota State Fire Code shall be enforced within the city by the bureau. (b) Staffing; inspectors. The chief of the fire department may detail such members of the fire department as inspectors for the bureau as shall from time to time be necessary. The chief shall recommend to the council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their knowledge, skills, and abilities for the position. The examination shall be open to members and nonmembers of the fire department. (Code 1982, § 207.02) Sec. 22-75. Storage of flammable or combustible liquids in outside aboveground tanks. The limits referred to in the Minnesota State Fire Code in which the storage of flammable or combustible liquids in outside aboveground storage tanks is prohibited are hereby established as the following zoning districts of the city: (1) R-lb. (2) R-lc. (3) R-id. (4) R-2. (5) R-2b. (6) R-3. (7) R-4. (8) PUD. (9) BP. (10) c-1. (11) C-2. (Code 1982, § 207.06) Sec. 22-76. Storage of liquefied petroleum gas; open flame heaters or equipment. (a) Storage of liquefied petroleum gas. The limits referred to in the Minnesota State Fire Code in which storage of liquefied petroleum gas is restricted are hereby established as the following: (1) Residential districts. In all residential districts, liquefied petroleum gas containers shall be installed in accordance with the following requirements: a. Each individual container shall be located with respect to the nearest important building or group of buildings or line of adjoining property which shall be built on in accordance with the following table: TABLE INSET: Water Capacity per Container (gallons) Containers (feet) Between Aboveground Containers(feet) Less than 125 10 None None 125 to 250 10 10 None 251 to 500 10 10 3 501 to 2,000 25* 25* 3 *Note: The distance requirements shall not be reduced to less than ten feet for a single container of 1,200 gallons' water capacity or less, providing such a container is at least 25 feet from any other liquefied petroleum gas container of more than 125 gallons' water capacity. b. It shall be unlawful to install any liquefied petroleum gas containers for use where one is stacked above the other. c. It shall be unlawful to install any liquefied petroleum gas container or combination thereof larger than 1,200 gallons' water capacity unless it is enclosed in an area with a secure fence six feet in height. (2) Commercial or industrial districts. No liquefied petroleum gas container shall be installed in any commercial or industrial district as shown and indicated on the official zoning map except in strict compliance with NFPA 58, standard for the storage and handling of liquefied petroleum gases. (3) Permit required. No liquefied petroleum gas container having a water capacity greater than 125 gallons shall be installed at any location without first having obtained a permit therefor from the building inspector and having paid a permit fee to be established by the council. (4) Temporary portable containers. Nothing contained in this section shall prevent the use of temporary portable containers during construction on the premises or for a period of not to exceed four months if permanent service of natural gas is prohibited because of frost conditions, subject to the issuance of a permit by the building and zoning official. (b) Open-flame heaters or equipment. It shall be unlawful for any owner or occupant of any structure containing two or more residential units without a property line to maintain in an operable condition or operate within a garage, whether attached or detached, used as an accessory use to such residential unit, the following: (1) An open-flame type heater or stove. (2) Welding or torch cutting equipment. (3) Any other equipment utilizing an open flame. (Code 1982, § 207.08) Sec. 22-77. Barbecues and open fires restricted at certain residential structures. (a) In any structure containing two or more vertically stacked residential units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio immediately adjacent to or within 15 feet of any unit. (b) No person shall store any fuel, barbecue, torch, or other similar heating or lighting chemicals or devices on any balcony above ground level, or on any ground floor patio immediately adjacent to or within 15 feet of any unit. (c) Electric grills or gas-fired barbecue grills which are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and which maintain a minimum clearance of 18 inches on all sides shall be installed on balconies and patios when approved by the fire chief. (Code 1982, § 207.12) Sec. 22-78. Fire lanes. (a) The marking of fire lanes on private and public property, devoted to public use, shall be approved by the chief of the fire department and/or the chief of police. (b) Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times. A violation of this subsection shall constitute a misdemeanor. (Code 1982, § 207.16) Sec. 22-79. Appeals. Whenever the chief of the fire department shall fail to approve an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within 30 days from the date of the decision appealed. (Code 1982, § 207.18) Sec. 22-80. Determination of permit requirements for new materials, processes or occupancies. The city administrator, the building and zoning administrator, and the chief of the fire department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those now enumerated in the fire code. Such list shall be kept available at the city hall. (Code 1982, § 207.20) Secs. 22-81--22-100. Reserved. Attest: Stephanie Klinzing Mayor Patrick D. Klaers City Administrator City Council Minutes Page 5 July 14, 2003 Mr. Prosser stated that the City Council has made it very clear that they want answers to the parking issues raised before the final development agreement comes before the HRA. Councilmember Motin indicated that the HRA has discussed these issues and reminded everyone that the City Council is not committing to a development agreement by approving the Letter of Understanding and the resolution. COUNCILMEMBER TVEITE MOVED TO APPROVE ADOPTION OF RESOLUTION 03-42 OF SUPPORT OF A PROPOSAL BY METROPLAINS DEVELOPMENT, LLC TO CONSTRUCT HOUSING RENTAL UNITS IN THE CITY OF ELK RIVER. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN MOVED TO APPROVE THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF ELK RIVER AND METROPLAINS DEVELOPMENT, LLC FOR THE FUTURE SALE OF THE CITY-OWNED JACKSON BLOCK PROPERTY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. f5.6. Consider Amendment to Fire Prevention Standards Fire Chief Bruce West stated that the office of the MN State Fire Marshal has recently adopted a new MN State Fire Code that will be enforced throughout the state. The nexv code uses both the International Building Code and the International Fire Code. Mr. West stated that sections of Article 3 are included in the International Fire Code and may be deleted from our city code. Mr. West stated that he is requesting that the City Council approve the amendments made within Article 3, Chapter 22, Fire Prevention and Protection, of the Elk River Minnesota Code. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AMENDMENTS TO ARTICLE 3, CHAPTER 22, FIRE PREVENTION AND PROTECTION, OF THE ELK RIVER MINNESOTA CODE AS PRESENTED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Update on Results of ArtSoup Festival Tony Darkenwald, Treasurer of the Elk River Arts Alliance, thanked the City Council for their support of the ArtSoup Festival held June 21-22. Ms. Darkenwald stated that the event was a huge success and the feedback has been overwhelmingly positive. 5.8. Request to Release 2003 Funds for Arts Alliance Activities City Administrator Pat Klaers stated that in February the Elk River Area Arts Alliance requested $10,000 from the city. At that time, the City Council released $5,000 of the $10,000 budgeted due to the uncertainty of pending state aid cuts to the city. Mr. I~daers noted that budget adjustments were made to the 2003 budget on June 9, but the allocation to the Arts Alliance was not included in these adjustments. Mr. Klaers stated that the previously released $5,000 went for the ArtSoup Festival and the remaining $5,000 will go to the Arts Alliance to distribute how they chose.