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<br />e <br /> <br />e <br /> <br />e <br /> <br />DRAFT <br /> <br />ARDEN HILLS CITY COUNCIL - MAY 30, 2000 <br /> <br />5 <br /> <br />Councilmember Aplikowski asked why the decision should be deferred if it will impede the <br />project. Acting Mayor Larson stated that it is a question of liability aJ1d whether the City is <br />comfortable with the continued postponement of the work. He noted that the State Fire Marshall <br />did not indicate that the City was statutorily obligated to approve the request. <br /> <br />Councilmember Rem asked whether City staff had requested the City Attorney's opinion, Mr, <br />Post stated he was unsure. <br /> <br />Acting Mayor Larson stated that the Council would be indicating a reluctaJ1ce to accept liability <br />if the decision was deferred. <br /> <br />Councilmember Rem stated that the Council should defer decision if the City's position was <br />unclear. She added it is important for the City to determine its position aJ1d then accept or deny <br />the request. <br /> <br />Mayor Probst arrived at 8:06 p,m. <br /> <br />Councilmember GraJ1t asked for clarification with regard to the State Fire Marshall's position, <br />adding that they have the ability to graJ1t aJ1 extension. Mr. Johnson stated that the Fire Marshall <br />would be running against their own five-year statute, aJ1d code violations would have to be <br />corrected by summer 2001, which could impact the construction schedule. <br /> <br />Councilmember Larson stated that the City should not accept liability unless a statutory <br />obligation is clear. <br /> <br />Mayor Probst apologized for his late arrival. He agreed that it seems unusual to request that a <br />city take such aJ1 action, adding he is reluctaJ1t to approve the request without understaJ1ding why <br />it is being made. <br /> <br />Councilmember Rem stated that further information should be collected to guide the Council in <br />accepting or denying the request rather thaJ1 deferring the decision. <br /> <br />Councilmember Larson asked how North Oaks aJ1d Shoreview had reacted to the request. Mr. <br />Johnson stated the issue had not yet been addressed in the other communities. <br /> <br />Councilmember Aplikowski stated she would favor tabling the decision until more information <br />could be gathered. <br /> <br />Councilmember GraJ1t referred to the State Fire Marshall's May 26 memo, noting that the memo <br />does not state whether aJ1 ongoing extension CaJ1 be graJ1ted if the five years by statute has lapsed. <br /> <br />MOTION: <br /> <br />Councilmember Larson moved aJ1d Councilrnember Aplikowski seconded a <br />motion to table the time extension request from the State Fire Marshall to allow <br />City statfto explore the City's obligations aJ1d requirements under State law. The <br />motion carried unaJ1imously (5-0). <br />