04/28/2008 Council Minutes - Laserfiche WebLink

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3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AK 45 glir 46 CITY COUNCIL WORK SESSION April 28, 2008 APPROVED DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : April 28, 2008 . 5:30 p.m. . 6:30 p.m. : Councilmember Gallup, O'Donnell, Stoltz, and Mayor Bergeson : Council Member Reinert Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; City Planner, Paul Bengtson; Director of Public Safety, Dave Pecchia; Centennial Fire District Chief, Milo Bennett; City Attorney, Scott Baumgartner; City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS There was no change to the regular agenda. Request of Chad Wagner, Miller's on Main, for variance from state fire code for summer tent event - Administrator Heitke explained that the City Attorney was available relative to the matter of the variance request for Miller's on Main. He confirmed that all council members received a copy of the correspondence from the League of Minnesota Cities risk management attorney. Mr. Heitke explained that Mr. Wagner wishes to place a tent on his property for a summer special event that doesn't meet the setback requirement (State Fire Code) on one side. Last year the State Fire Marshal looked at the variance request for the city. This year a different process presents itself with the decision of the variance resting with the city council. Mr. Heitke explained that he sought advice regarding the process from the League of Minnesota Cities and their response has been provided to the council. They have opined that this evening would be the first level of appeal available to Mr. Wagner. For the council's consideration, there is some information provided on the three factors that should be considered (substantial compliance, public safety, and undue hardship to applicant) for variance as provided in the state statutes. Fire Chief Bennett explained that he has worked to try and make the tent situation viable however he isn't willing to expose the department or himself to the liability that could come with a fire code violation. Council Member O'Donnell noted that he visited the site proposed for the tent and it appears that, on the side of the tent in question, event attendees could get out of a tent and into the adjacent wooded area fairly easily. He is still interested in learning about possible liability to the city.