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1 I 1 Council Meeting Minutes May 12, 1987 Locke indicated in the past two weeks they had been unable to find a low-cost effective way to handle the problems, but the viola- tions need to be dealt with, noting there are some real hazards that need to be addressed particularly before the heating season begins. With regard to the list of violations, Gunderman asked for recom- mendations regarding the timing and severity of the violations, noting No. 10 seems to necessitate immediate action. Gunderman further stated that, from an inspector's point of view and from a safety point of view, we are still facing the same issues and asked for a recommendation of a phasing in process. Locke stated Beisswenger has tried, either by operation or use of the building, to alleviate some of the problems; a few things have become potentially hazardous and staff and Beisswenger were not able to develop a compromise. In response to Gunderman1s inquiry regarding a cost factor on Item No. 10, Nelson estimated it could run as high as $10,000. Blomquist asked for background dates of inspections (when they . occurred and when the city became advised of the violations). Nelson advised an inspection on February 5, 1987, resulted in the finding of the twelve violations; on February 19, 1987, a letter was delivered to Beisswenger; the city received a letter of appeal from Beissweng~r on March 17, 1987; and on March 23, 1987, the city sent a letter to Beisswenger indicating we would be holding the first hearing on April 14, 1987, which was continued to April 28, 1987; and again to this evening. Blomquist asked for the date of a previous inspection that did not find any violations; Nelson responded he did not find any inspec- tions for Beisswenger Hardware that listed no violations. Benke stated over the years the Fire Marshall has pointed out violations to Beisswenger; only some remedies were applied because development possibilities have been percolating for a long time. We know there are problems and we need a plan of action to address the problems because we do not want a tragedy. With regard to a letter from our City Attorney referencing the city's liability when the city is aware that hazardous situations exist, Blomquist stated the record indicates the city has known of the conditions for a long time. Benke stated Beisswenger is having a hard time with a long-term solution, but the city needs a short-term plan of action. Williams suggested the council consider the use of Ramsey County Dispute Resolution Center to mediate this matter which could take into account the time lines with the developer, the city's lia- bility, and the pinch Beisswenger finds himself in. By going through that process no one gives up any rights and Williams sug- gested it would simply be a means of getting people together to see if some type of an agreement can be resolved. Page 9