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2020-043
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2020-043
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G. On July 16, 2019, the City Administrator e-mailed the School District and <br />their Engineer, and noted in relevant part: <br />Perhaps we should touch base on Terry's project and the status of water and <br />sewer being extended to the site. Terry has asked for the City council to review <br />a change to the plans at their August work session. This may result in water <br />and sewer not being extended this year. I wanted to make sure you were <br />aware of this before moving ahead with the millions of dollars in <br />improvements that may not be operational without the extension of water and <br />sewer. (Ex. 20.) <br />H. Despite the City Administrator's two warnings, the School District <br />proceeded with improvements both contemplated and not contemplated by the Site <br />Improvement Agreement. <br />I. The School District paved over approximately 3.8 acres of previously <br />Agricultural land to the north of the building for its bus parking lot (i.e. its primary <br />use). The School District landscaped the Property and installed a watermain and the <br />additional improvements below. <br />Fire Suppression and Fire Detection <br />J. The School District installed a fire alarm system, which included heat and <br />smoke detection. <br />K. The School District installed a fire suppression (sprinkler) system within the <br />building. (Exs. 23- 25.) That system is not connected and not available for use. (Id.) <br />L. According to the City's Interim Building Official, while neither the fire <br />suppression nor the fire alarm system were required to be installed by the School <br />District the installation triggered permitting and code compliance requirements. (Ex. <br />23.) The Minnesota State Fire Code Section 105.1.1 provides that when work is <br />undertaken that it is regulated by the code (i.e. fire suppression and detection), <br />permits are required. (Exs. 23; 24.) <br />M. The fire alarm system (including heat and smoke detection) was installed <br />without a permit. <br />N. The fire suppressions system was installed pursuant to a permit. However, as <br />noted by the Interim Building Official, "it is a requirement of the fire code that all <br />installed fire sprinkler systems be maintained and operational, or they are to be <br />removed (if they are not required)." Specifically Minnesota State Fire Code Section <br />901.45 states, "Any device that has the physical appearance of life -safety or fire <br />protection equipment, but that does not perform that life -safety or fire suppression <br />-- - -function shallbeprohibited. (Ex` 2-3rat ppr1-2 ) <br />O. Following a March 11, 2020 inspection, on April 21, 2020 the State Fire <br />Marshal notified the City of Lake Elmo and the School District that (consistent with <br />10 <br />
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