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I I I Council Meeting Minutes September 22, 1987 LeFevere stated a city could be held liable for its negligence in tort actions which are limited cases on a negligence theory. Brandt stated, for the most part, the inspections are done for the community in general but not to guarantee that an individual will have some recourse if something is not done correctly. Gunderman asked about fire codes between garages and homes that were not in place twenty years ago; Benke stated tonight's action is because of a defect in a public hearing notice. LeFevere understood the motion was to reduce the amount of the assessment, not to be based on a matter of negligence or defective proceedings (Loscheider testified that it would have been a jus- tifiable assessment had proper notice been given). Mattila briefly reviewed staff report denying a request by Win- field Developments, Inc. for a special use permit for an elemen- tary school in New Brighton Business Center zoned 1-2, Heavy In- dustrial; the school had been located in the Salem Covenant Church for seven years and now wish to expand. In response to Benke's inquiry about Standard A and the Planning Commission's concerns, Mattila explained the Commission supports the staff report (felt Special Use Standard A was not being met in this case and indicated adults on the premises do not require a special use permit). Regarding Benke's concern with regard to the specific language of Standard A, LeFevere felt this ordinance is always going to be in- terpreted in a way that the city is protecting the health, safety, and morals of a portion of the general public and that the "groupll may change from time to time; in this instance, a group of chil- dren would be the IIgroupll discussed in the ordinance. Blomquist stated the previous use on this site since 1985 has been a school; Mattila stated in 1985 the Minnesota International School (MIS) was located on this site temporarily, without a spe- cial use permit, while searching for a permanent site (this action was an administrative action rather than a council action). Blomquist asked how close the pipeline is to Irondale High School; Proper felt about sixty feet. Mattila stated, in this case, a natural gas pipeline and a petrol- eum pipeline both traverse the site. In response to Brandt's question, Benke stated when the Williams Pipeline had a leak during construction of the office center a few short pieces of pipe were replaced with splices. Page 5 SP-145 Christian Grammar School and Winfield Developments, Inc. Report 87-237