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October 28, 1974 Page 4 <br />Attorney Meyers stated there is a question of city liability if it <br />allows the Center to temporarily operate without the special use <br />permit. He stated that action could be brought against the city and <br />that even should the city win the case, legal costs would be incurred. <br />Mayor Neisen stated the important point is that the Center is operating <br />illegally. <br />Councilman Baumgartner asked the fire chief whether adequate safety <br />precautions could be instituted within one day. <br />Chief Fagerstrom answered that they would probably take longer than one day <br />but that they could be implemented within two or three days. <br />Councilman Baumgartner felt such precautions should be implemented before <br />the school is allowed to resume operation. <br />MS (Neisen - Baumgartner) that operation of the school and bible college <br />be discontinued until a special use permit is granted, the fire code <br />is complied with and state approval of the educational program is received. <br />Mr. Robert Chandler, 1616 Pioneer Building, St. Paul, noted that he is <br />council for the Center. He stated that the bible college is not really <br />a school but part of the normal operation of any church. He asked <br />that it be allowed to continue without interruption. He questioned <br />whether constitutionally a church could be investigated by a govern- <br />mental agency. He agreed with Attorney Meyers that it was proper for <br />the city to regulate churches with regard to land use. He felt the Council <br />should be concerned with probabilities; that the probability of a fire <br />in the Center should be weighed against the probability of damage to the <br />lives of children attending this school if its operation is interrupted. <br />MSP (Baumgartner - Pickar) to amend the motion above to state that the <br />school be discontinued until safety precautions meeting the satisfaction <br />of the fire chief are implemented. <br />Councilman Pickar stated that this would not require the school to be <br />shut down for the entire time before a permit can be issued. <br />Councilman Johnson asked the fire chief if there is any way to implement <br />adequate safety precautions without the Center investing a substantial <br />amount of money in improvements. <br />Chief Fagerstrom answered that some form of temporary solution could <br />be found and suggested that the Center could employ one or two people <br />as fire monitors during school hours. This would not require purchase <br />of any equipment. <br />A roll call vote was taken on the amendment. <br />Pickar Aye <br />Baumgartner Aye <br />Johnson Naye <br />Hodges Aye <br />Neisen Naye <br />