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1 I I Council Meeting Minutes April 14, 1987 Page 5 Locke reviewed the staff report concerning the twelve code viola- tions presented on February 19, 1987; and indicated Mark Beiss- wenger is appealing the orders on the basis of his plans to con- struct a new facility and because the city has been working with him to build a new building. Locke reported he has asked our electrical inspector to review some of the violations in detail and asked that no action be taken on that item this evening. Building Code Violations: Appeal Beisswenger Report 87-92 Locke stated Clarence Joriman (electrical inspector), Ken Nelson (building official), Al Bauer (Fire Chief), Mark Bishop (Assistant Fire Marshall), and Beisswenger (property owner) were present to answer any questions. Nelson reviewed and explained the twelve code violations; and in- dicated a building must be maintained in a reasonable condition. LeFevere indicated where a city has continuing knowledge of serious violations, the court may say the city is not excused from their obligation. Schmidt indicated the staff is responsible for enforcing all of the code requirements and, in terms of the liability issue, because the council is now on notice of the violations it should take some action. Benke feels Mark and Judy Beisswenger can understand staff's and council's need to solve the problem. Beisswenger named their three options: fix the existing structure; build anew structure on their property; or lease in a new loca- tion. Beisswenger further stated financing for a new structure on their property has been arranged with the bank, but he is not cer- tain if that would be the most economical solution. Benke suggested a plan be designed to determine when each viola- tions can be corrected. Schmidt reviewed Beisswenger's three options and noted each needs a timetable. Benke stated, as a minimum, the grounds should be maintained. Locke stated council needs to act on whether or not the orders are appropriate; but noted that that action need not necessarily take place tonight. Locke stated the question becomes whether or not there is a basis for moving away from strongly enforcing the cor- rection of the code violations; would agree with Beisswenger and the council that if the fact that Beisswenger Hardware is going to be in a new facility, there needs to be some very specific times. Without knowing the schedule, it would be difficult to waive or modify the violations.