10-26-83 Council Minutes - Laserfiche WebLink

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MINUTI'sS City Council Oct. 26, 1983 Appendi.x E Mr. Fahey sugp,ested that Append:ix E be Left on the boolcs and that (Conc<) the Council call for further study. Iahey stated that he was not prepared to rescind Appendix tonight and jeopardize the City's abili.ty to get apartments sprinklered, Tahey stated that he was loolcing at the greater good of the City. The Ci.~y Attorney stated t:hat the URC has no provision for a variance. The Attorney stated that if the City rescinds Appendix E and then exempts the two indi.viduals and then re-enacts the Appendi.x, the CiCy ~vill have a gap. A court might questions the City's actions. The Attorney stated that he assumes that Mr, Schrier plans to spri.nkle hi.s buildings and will do so. Mr. Pahey suggested that the City Council table the matter for tcvo weeks. Mr. Porsberg pointed out thaC Mr. Schifsky wi.ll then be out of. a building as he has a November. 1 deadline. Ms. Olson commented that Pfr. Schif.sky must sign a contract and whether or. not he sip,ns will depend on if it costs him an additional $16,000 or not. Pahey suggested thatthe City worlc on getting the sprinlcler requirement into the Schrier PIJD agreement. The Planner sug;ested Y.hat the Cotmcil place a moratori.um on any buiLdings that do not l~ave adequate f.'ire protect9.on and then the Councii can malce the determi.nation ot what :is adequate fise protection. Mr.s. Nardi.ni aslced if the City could repeal Appendix t and then requi.re that any apartment buildi.ng buiLt in the C3.ty be sprinl<lered. The Attorney stated that t:his would have to be puUli.shed. Mr. I~ahey agreed that the sma11 square footage :is a real harciship. Ms. Olson aslced i.f the Ci.ty could put the reRui.rement on Schri.er's bui.lding permit. T4rs. Scalze questi.oned the City's legal basi.s for doing ~hi.s. The City Clerl< reported that the inLormation he heard at the Fire Associati.on meeting was that the purpose of Appendix E oras to bring the costs of fire protecti.on down. Sdithout 9.t, ci.ties are looking at very high costs for fire f9.~hti.n~; equi.pment< The Cler.lc also stated [hat ci.ties ~oithi.n the 7 county area are subject to requirements oE the ttISC. The Clerk suggested that Messrs. Schifslcy and Wermer be exempted fr.om the requi.rement due to the time e1c~~ment involved. The Clerk di.d not Chink that Appendix ~ had to be repealed to do this. 'Che Clerlc pointed out that the bul.ding plans for these two build:Lngs were in on the 22nd of September, The City Attorney stated that if. the Co~mcil makes this exempti.on, the Cime element involved shoul<1 be outlined~ and the Council should state that because of. scheduling a hardship exists. Page -19-