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. . . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 5 Councilmember Aplikowski asked why the decision should be deferred ifit will impede the project. Acting Mayor Larson stated that it is a question of liability and whether the City is comfortable with the continued postponement of the work. He noted that the State Fire Marshall did not indicate that the City was statutorily obligated to approve the request. Councilmember Rem asked whether City staff had requested the City Attorney's opinion. Mr. Post stated he was unsure. Acting Mayor Larson stated that the Council would be indicating a reluctance to accept liability if the decision was deferred. Councilmember Rem stated that the Council should defer decision if the City's position was unclear, She added it is important for the City to determine its position and then accept or deny the request. Mayor Probst arrived at 8:06 p.m. Councilmember Grant asked for clarification with regard to the State Fire Marshall's position, adding that they have the ability to grant an extension, Mr. Johnson stated that the Fire Marshall would be running against their own five-year statute, and code violations would have to be corrected by summer 2001, which could impact the construction schedule. Councilmember Larson stated that the City should not accept liability unless a statutory obligation is clear. Mayor Probst apologized for his late arrival. He agreed that it seems unusual to request that a city take such an action, adding he is reluctant to approve the request without understanding why it is being made. Councilmember Rem stated that further information should be collected to guide the Council in accepting or denying the request rather than deferring the decision, Coullcilmember Larson asked how North Oaks and Shoreview had reacted to the request. Mr, Johnson stated the issue had not yet been addressed in the other communities. Councilmember Aplikowski stated she would favor tabling the decision until more information could be gathered, Councilmember Grant referred to the State Fire Marshall's May 26 memo, noting that the memo does not state whether an ongoing extension can be granted if the five years by statute has lapsed, MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to table the time extension request from the State Fire Marshall to allow City staff to explore the City's obligations and requirements under State law, The motion carried unanimously (5-0),