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1 I 1 Council Meeting Minutes May 12, 1987 Sinda stated we have known about these problems for a number of years and, after reading letter from City Attorney relating to the city's liability, we have no recourse but to take action. Sinda added that Parkhill's building is a separate issue from the build- ing code violations in the existing building and is very concerned if we do not take action to correct the problems, which he under- stands is a difficult decision, there are some actions that Beiss- wenger can take (ie. go to court to get a stay which will take at least 45 days) -- by the end of that time Beisswenger should know what he will be going to do (build or lease from Parkhill). Sinda indicated the city has put itself in a very poor condition if something happens and it has not taken action. Benke indicated Parkhill is not a party in the dispute but pos- sibly part of a solution. Williams stated Parkhill may be a part of any solution and could have input in the mediation process. Williams agreed with Sinda, but does not see the city has accomplished its goal of protecting the health and safety of the pUblic by having the matter go through court with a 45 day stay because, if something serious happens within that time, we have lost. Williams suggests the city try a very short term approach through the dispute center the (resolution could be done in 15-30 days) through which the city would lose nothing. Brandt expressed concerned about people going into the store and feeling uncomfortable about being there but believing it must be safe or the city would not let the store stay open. Brandt feels a responsibility to the residents and does not see how the coun- cilmembers can turn their backs any longer or extend the time any longer. Understanding $10,000 ;s a lot of money, Brandt feels, if that amount were to be divided over the years the store has been opera- tional without making any necessary modifications, it is not much per year to catch up. Motion by Gunderman, seconded by Brandt, to WAIVE THE READING AND ADOPT A RESOLUTION ORDERING CORRECTION OF CODE VIOLATIONS AT THE BEISSWENGER HARDWARE BUILDING AT 1360 HIGHWAY 8, NEW BRIGHTON; AND TO CONTACT THE RAMSEY COUNTY DISPUTE CENTER TO MEDIATE BETWEEN CITY STAFF AND THE OWNER THE METHOD OF IMPLEMENTATION. Blomquist noted if a dispute resolution agreement can be reached by the next council meeting on May 26, 1987, the order can be reconsidered. Because there are items in the Orders that are flexible, Williams believes a skilled third party might be able to help clarify the implementation schedule. 5 Ayes - 0 Nayes, Motion Carried Page 10