04/28/2008 Council Minutes - Laserfiche WebLink

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CITY COUNCIL WORK SESSION April 28, 2008 APPROVED • 47 48 Attorney Baumgartner advised that there is liability in all situations and the best you can do is 49 limit your exposure. He has reviewed the correspondence from 2007 and it is clear that the Fire 50 Marshall informed Mr. Wagner that the situation would have to be dealt with legally in 2008. 51 There are certain ways to minimize risk (hold harmless agreement, insurance inclusion, etc). 52 53 Administrator Heitke noted that the city has in the past required proof of insurance in the outdoor 54 area from Mr. Wagner as well as having him sign a hold -harmless agreement. 55 56 In response to a question of "what if' the council were to grant a variance for one more year, 57 Attorney Baumgartner explained that the fire marshal's approval of last year was some type of a 58 clear professional okay. If the council were to look at approving this year, he'd advise some 59 clear findings that the city didn't receive the fire marshal's letter with the city insulating itself 60 that it did not have timely knowledge in the past of this fire marshal's report. 61 62 Regarding the tent layout, Mr. Wagner (just joined the meeting) indicated that he will open the 63 north wall of the tent if necessary. 64 65 The Mayor suggested that the liability insurance should include additional umbrella coverage. 66 67 A council member suggested that the north side be left open to the same extent as the south side, 68 thereby enclosing the band but allowing some space for escape if necessary. • 69 70 Council Stoltz noted, for the record, that Mr. Wagner should not anticipate support for this 71 variance next year. Additionally, the Centennial Fire Department should be a part of event 72 planning as necessary. 73 74 Looking at next year, Mr. Wagner asked what the council would foresee as a viable solution. 75 Long term he is looking at additional land but certain land will not be available for some time. 76 A smaller tent is not an option. 77 78 A lease of land from a neighbor is a possibility but whatever is planned it must meet the fire 79 code. The land really needs to be cleared. 80 81 Attorney Baumgartner noted that if the council decides to grant the variance, an appropriate 82 motion would be to "approve a variance from the 20 foot minimum setback requirement from the 83 north property line for the period of August 15-18, 2008 only, provided that there will be no 84 occupancy after August 16, 2008." 85 86 Execution of a Grading Only Development Contract - Engineer Studenski noted that the 87 developer still has some concern about the driveway issue and the grading -only agreement 88 doesn't address that. Staff doesn't recommend any change at this time. 89 90 The meeting was adjourned at 6:30 p.m. 91 92 These minutes were considered, corrected and approved at the regular Council meeting held on