HomeMy WebLinkAbout04/28/2008 Council Minutes3
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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.
CITY COUNCIL WORK SESSION April 28, 2008
APPROVED
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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).
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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.
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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.
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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.
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65 The Mayor suggested that the liability insurance should include additional umbrella coverage.
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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.
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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.
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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.
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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.
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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."
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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.
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90 The meeting was adjourned at 6:30 p.m.
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92 These minutes were considered, corrected and approved at the regular Council meeting held on
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CITY COUNCIL WORK SESSION
May 12, 2008.
rtell, City C1 rk
APPROVED
gPle,
John Bergeson, Mayor
April 28, 2008