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PL 07/25/1979 - 30514CSTY OF FRIULEY ; y PL�iNZNG COP�1f��2ISSTON i,iLyTING - J(JLY 25� i979 CA.L�, TO ORDER a �` Chairman Harris called the July 25, 1g7g, meeting of the Planning Comrnission to order at 7,30 P.Idi. ROLL CA�Le Itilembers Present: Ms. Hughes, f�Ir. Oquist, TYZs. Schnabel, P,ir. Harris, Mr. Treuenfels, 't�ir. Hora ( substitute for n7r. Langenfeld) Members Absenti Others Present: 1�Tr. Langenfeld Bill Deb�.on,, Associate Planner Jerrold Boardman, City Planner APPRQVE F'LANNING C01`,`ii+iISSION i��iINU TES s Jv 1_y 11, _1979 = NIs. Schnabel stated that on page 1�, of the minutes, it should be corrected to r�ad: 2300 new construction units - �60 new subsidized units - �80 new unsubsidized units (modest cost) 13�0- new units (market rate) ��s. Hughes stated that the only prablem with this correction was .� '�` that the fi�ure of 1840 unsubsidized units being deleted, would make the people have to do their own arithmetic with the figures. NTr. Boardmaxz suggested that the figure of 18�0 could remain with- out a'market rate' behind the figure. Ms. Schnabel a.greed to this change, so that the corrected figures should reads 2300 new construction units - 460 new subsidized units 1 0 new unsubsidized units - 480 new unsubsidized units (modest cost) 13�0 new units (market ra'te) P�i0TI0N was made by Ms. Schnabel� seconded by Mr. Oquist� to approve the corrected July 11, 1979 minutes. UPON A VOIGE VOTE, ALL VOTING AY:� CHAIR'�T�N HA�RIS DECLARED THE 1�ZOTIOI�1 C.��RI :D UNANIi�iOUSLY. 1. PUBLIC H�A BY ROBL��T H. H cons-tructa no 0 on Lots �0, 31 �� bein� 8065 Riv : x��u.� '•;LS: Pe ne�v dwe3 32, Blo etiv Terra OR A SPLCI�L U ction 20 ,1�� Yn CP�-2 zonz ,l�ivervie�v He -, . ._.. ll to allow flood p ia n ts. the same -�r � PLANNTNG COti;tSTISSION 1VIEETTNG JulV 25. 1979 __ Pa�'e 2 _ l�I0TI0N by f.4r. Oquist o seconded by P�Zs. Hughes � to open the Public �� Hearing. UPON A VOICL VOTE� ALL VOTING AYE, CHAIi��IATd HARRIS DECLARED TI� � PUBLIC HLARING OP�N AT 7� 35 P.T�i. Mr. Boardman stated that tlZe pa.�es �'17-20 of the a.�enda, did not � really shotiv axlything in the plat plan � so he -then showed the Commission members his copy. He stated that this is located on Riverview Terrace� ax1d Glencoe, on an 85 - foot lot bn which they requested to construct a dwelling• . He further stated that in this type of a situation� the City �equests �hat.the arch�tect to come in and show the City where all the drainage lines are going to go�ana.� hovr it is going to dra,in out from the property line. He sta�ed that according to the layout, the drainage plan works well. He stated that there is a slight problem on the one side in the steepness of the slope. He stated that it is abaut a one-to-one slope. He stated tha� they may want them to do something about that such as a reta.inin.g wal7. er� -ss��«e. k'indt '..Qthex-� wise, he stated, everything seemed to �vork rvell in the ].ayout. He further stated tha� the sewer, and water are in, and that all the drainage does go out to the street. TJIr. Harris questioned if this was a corner lot? l��r. Boardman stated that yes it was a corner lot. his. 5chnabel questioned as to rvhat was going to happen with the elevation of this lot? ^ Mr. Boardman stated -that they ecauld get a general idea from the cross-section tha�C he had. iV7s. Schnabel questioned il it �vould have to be built up? 1�Zr. Boardman stated that all of the shaded area of the cross- section was buil� up. Tl;r. Harris questioned if this would have any detrimental effec-� on the surroundin� property? � Mr. Boardman stated that to their estimation, no it would not. l�Zr. Harris questioned. as to which way does it drain after it goes to the street? NIr. Boardman stated that it all moves toward the river� and that there are catch basins at the ends o�' the street. Mr. Harris questioned as to how they handled the curbs at the swale line? M r. Boardmaxi stated that �he top of the curbed elevation is lower than the swale line. %"`� � � F'LANTdIT�dG COI��i'��I5SIOr1 I�:EETII�IG Jul.y ?.5,_ 1979 _ �'��','� 3 - '� Pir: Harris �hen questi�ned as to hov�i they �lanned to handle the �vrale line in the backya.rd. He stated that there did not appear �.to be much pitcho i�ir. Boardman � and 1�2r. Harris th.en discussed the gradiant line. I�r. Boardman stated that this was sitnilar to a previous request � in that it did not have much room for error. Pa1r. Harris questioned a.s ta how� and whom, checks tYiis after it is done'? He stated that it bothers him, as to how it is verified, that it is actua].ly built this way? T•air. Boardman stated o-th�t it was his viev� that it was the building inspector's responsibility to make sure that t�e cons�ruction was built accordin� to �he specifi.ed plans, and layout. Also, he s�ated, that they do have.a veri�ication survey� and if they need to, the City can require that 'chey verify tllose elevations. T17r. Harris stated � tha� he felt �chat to have the elevatian verified, �vas something that the City should requi:re be done, far the homeowners benefit, as well as for the City, and the surrounding neighbors. N:s. Schnabel questioned i�' this verification would no� have to be dane, vrhen the blocks �vere put in? T,Ir. Harris stated that noo it would have to be done when they �� do the grading. P�:s. Schnabel questioned if that wauldn't be too late? 1�7r. Harris stated that no, it would7z'-t be, beca.use the critical points weren't up against the house, bui rather in the swales and the water��rays that they are putting in. l�is. Schnabel stated that she under^tood that the intent, was to keep �he house above a certain level also�: Mr. Harris stated that yes �it was, bu-t tha�t there was no problem with the house, but that his concern was with the drainage, because they are so tight on the elevations, that there is no room for error. 1�7r. Oquist questioned if the elevation of the house brought it up out oi the flood plai.n? DZr. Boardman sta'ted that yes it did. n�Tr. Harris questioned ii the peti�ioner was in the audience? Mr. Donald Pertinen of 1611 Highway 10, l�linneapoliso came forth� ax�.d stated that the petitioner v�as not presen�t � but that he � was representing him. PZANNTNG COI��Zr+1IS,ZON r��E�TZNG JulY 25. 1979 P�e �' T�ir. Pertinen sta�ed t�Zat he had a few comrnents, as far as the -. drain a t;e was concerned. He s�cated that they realized� that they were ti�ht on grades, but that the on].y way to get more swale, was to build u� on the property lines: and he said that would f'� create a problem for �he center building. He further stated that even though i't vras a rninimal slope, he �elt that it wouldn't change the existing drai.na�;e at all. Mr. Boardmaxi stated tha� he v�ould recomrnend that the Commission members reconimend� that to elirainate the steep slope, they should have them �ut in some sort of retaining :•�all. Mr. Pertinen stated� that if he had a choice, he would like to see a recornmendation to proceed as proposed� with �he stipul.ation, that if it did in fact Uecome a problem, that they would at that time correct it. I�Ir. Iioardraan stated -�hat he knew that a one-to-one slope grade was steep, sa he suggested that as ax�. alternative, th.ey could shift the garage so that it is set back 17 1/2 feet. D2r. Pertinen stated that would create a problem with some of the bedroara windows. Chairnan Harris questioned if anyone had anymore questions of the petitioner's represenia�ive, or if there was anyone else, in the audience, that would want to speak on this item? . D1s. Schnabel sta�ed that the Commission had in the last month ,�"� or so, conversation as to the possibili�y of declaxing a moratorium on building in the flood Flains area. She questianed as to if there vras any updated information on that? Ib2r. Harris stated that no, he had no fur�her informatiorl on it. Nr. Boardman stated that the City Council, had referred it back to the Planning Commission. Ms. Schnabel ques�ioned l�Ir. Boardman, as to if he had heard from any of the neighbors on this itera? Mr. Boaxdman stated that no, he had not. NIs. Hughes sta�ed that this seemed -to have feiver problems than the last request the Commission had seen. Mr. Harris stated that he was riore comfortable with this request than the previous one also. P�OTION by 1�Is. Hughes, seconded by T��Ir. Oquist, to close the Public • H earing . � UPON A VOICE VOTE� ALL VOTING AYE� CHAIRI�IAN HARRIS DECLARED THE �'tJBLIC HEARING CLOSFD AT 7= 55 �•ll�i. ,P'� I'Lt�.IVNTNG. CONI"JIISSTOId 1tiiE:c'1'IIVG Jul�' 25, 1�'ly Y3 �e 5_ .I�1s. Hughes questioned as to how much a, verification survey cost? I`�1ro H�rris stated tha'c now the Ci�Cy requires a verifica�ion of f� location, so that the City would then just add a verification of elevation. T�Is. Hughes questioned as to approxima�ely how many more points this verification wauld a�d up to? rvlr. Harris stated that he suspected �that it wouldn't be an awful lot. PJir. Oquist stated that what bothers him, is who makes the decision �hat at what point in time is there a problem. He stated that he felt that a retaining wall should be put in when the final grading is done. NTuch discussion ensued as to at what point and who would determine that a problem existed, and how the City could then require a retainment put in. T�i0TI0N vaas made by r�7s. Hughes � seconded by T��r. Oquist � to recommend �a Council approval of the kequest �'ar a Special Use Permit, S� ;;�79-0'�, by Robert H. Helteraes o Per Section 205• 157 � 5�D � to allow cons-�ruction of a new dwelling in CPR-2 zoning (flood plain) on Lots 30, 31 and 32, Block T, Ftiverview Heights, -the same being $065 Riverview ierrace iV.E. with the following stipulations: 1.) they verify the grade, while doing t�e verification of tkie � siice. 2o j they have a retaining vra11 on the south-side put in. UPOiV A VOTCE VOTE, ALZ VOTING AYE� CHA�R��i.AN HARRIS DECLARED TH� T�iOTTON CARRIED UN9I�TIPoiOUSLY. t�ir. Harris informed the petitioners represen�ative, tha� this would go ta Council on August 6, 197g. He stated that there woulcl not be a Public Hearing required, so that the Council could act upon it at that time. 1�IOTION by P,Zr. Truenfels, secanded by IvIs. Schnabel, to move item -'S of the agenda °Continued: Cen-�ral Center for Family Resources'�to �the next item on the a;enda, • UPON A VpICE VOT�� ALL VQTING AYE� CHAIR�ZAN HARRIS DECLAR�.D THE 11tOTI0N CaRRI� UIVAIVIT�iOUSLY. ,�. CONTINUr`�: Cr.NTRAL CENTER FOR FAiJ�ILY h.C,SOURCES �7r. Truenfels stated that the Planning Commission had asked the Humaz� Resources Commission to look into this matter, in particular respect to the question of whether there are any a,gencies in the Fridley area� which to some extent o�°fer services, which would constitute an overlap, or duplication of the services that are � PLANNTNG C01�'if'QI�SIOId P1iEETING July 25, 19�v_____ Pa�e 6 � proposed�to be offered by the Central Center for Family l�esources, , •: in S�ri.ng Lake Park. ��Ir. Truenfels stated that they have a written sur�mary of th�ir find�ngs, and a re ort written by one of the COIMIl�Slnn rnembers. (��ee Attachment� [+ir. Trueniel� then ��, haxided to the P�anning Commission r•.iembers copies of the summary - and tlle r�eport. He further stated that the Cornmission had used �the I'ridley Cc,rr�aunity Services booklet as his resource guide. P�OTION by ��7s. Hughes � seconded by I�o1r. Oquist, to receive and recon:mend to Cour�cil, the items prepared by the Human r:esources Commission on the Central Center for r�'amily :-�esources. (t�ttached) UPON A VOICE VOT�, ALL VOTING AYE� CHAIRr�QAIV HARRIS DECLArLEU THy.� MOTION CAi3RIEll UtiAIJIi�70USLY. T::r. Truenfels then read from the summary, and stated to the Commission �hat the i�ce�s are , that the Central Center proposed as their.services. He iurther stated tha� considering i�erns r�1 and ,�2, there appeared to be no overlap. He s�ated that �or i�em t4, �or prescllool children, there seemed to be an overlap in the Fridley program o� "Koping ��vith Kids - Kradle thru Kindergarten" (KKKK). He further stated that item #3 Family Counseling� and item ;��4 Family Counselor, showed some overlap, in that there was coun.seling services in r^ridley thru Lutheran Social Services at St. Phillip's Church, and with the Fridley l�+�ethodist Church. He sta'ced that from what the Commission was able to deterr�ine though, was that this was niore or less limited to the con�regations of these churches. l�ir. Truenfels stated tha� at the time the report was written ^ there was not a clear understandin.g as to what the role of the Central Center, in the �robatian Qf�'icer area would be. He stated that he had since been informed by i��is. Carlson that they would have snace r�ade available �or a Probation Officer, if need be. He further stated that concerning the Red Cross, there was an unit located in Coon Rapids. He went.on ta say that concerning Battered :Vomen ��Lhere was an apparen�t overlap with the Anoka County Task Force for Battered uJomen (ACT). Ms. I+ee Carlson of 7937 5'th Street N.�.. , Spring Lake Park, interjected that this was one and the same, in that ACT, is using their office space at this time. Mr. Truenfels stated that he understood that the Central Center vaas planning an making some teenage counselinb available in the future. P:lr. Truenfels then went on to read his view� in the last para.graph oi the Human Resources Commission surnrnary. M s. Carlson stated that they are now in the process of inter- viewing candidates applications for a halftime counselor. She furthe.� stated that the two cax1didates that they are interviewing, both have the credentials for �Ceen communications groups� �vhich is a definite consideration. She further stated that she has been in contact wi�th T�Is. �'agner, who is involved with the Teen r � YL/11V1V.1tV(� (:Ulvll+'11��1U1�1 ['+1L:L'.L'11Vti JUlY 'L�� ].y'(�_ 1'�@ 7 , Parents commun�.cations� in Anoka County� and who lzas been working wi'th l�:is. Carlson, in getting � facilita'�oro under a grant from the Onan Corporation. �. 1'�1s. Hu�hes questioned Tylr. Truenfels, as to if he knew how often the KKKK me-t? 67r. Truenfels sta.ted that he did not know, but that he believed the I�'ridley Community Education booklet would tell them. i�1is. Hughes stated that as it is an offering thru the Community �ducation� �he assumed that if not enough people signed up for• th,e course, they woul.d then not hold it. P�Zs. Hughes sta�ed that from what she had read from the Humaxi Resources Commission minuteU, and from their summary� she felt tha.t �there did not appear to be much overlap of services. She further stated that since the Central Cen�ers main emphasis is on preven-tion� more �than on crises, she didn't think she would want -�o change her mind in terms of the need and desir- ability of this kind of a program. Mr. Harris ques-�ioned if the people from th� Central Center, would recap their program for him? . l�Tr. Dea�z Sabby 1�1 10Z�th Avenue N e ti�1. � Coon l�apids stated that parent education is their main emphasis and faniily counseling. He stated that from -�he groups, and people �that they had tall�ed ^ with, that what �vas r�ios� waxi�ced, was an in-dep-ch fa�ily eounseling service, Also, he stated� they vranted 'co emphasize prevention. He further s-�ated that the school districts would be sending people to them. He stated that it was his view i:ha,�t the scriool dis�:rict vaould love to have another referral source, other than ' North Suburban to refer people to. He further stated that they have gotten funding froin the Onan Corpora,tion for a Jean Parks pareizting program, axld they are no�v training facilitators, so that could be an ongoing program. He stated that they �anted to provide services for the three comr,�unities o�' Fridley, Blaine, and Spring Lake Park. He �urther sta'ced that if i-t is a teen- counseling cen-�er that the communities waxit� they hav'e an advisory boaxd, that would give them that sort o�' advice. He � also stated, that the Anoka County Task Force, is now located in their facilities. 1�Tr. Harris questioned them on why a�robation Officer? Ptiir. Sabby, and i�,Zs. Carlson, sta�ted that was not one of the key parts of their program, but rather they rvould make space available for a Probation Officer� if this was so requested as a need by the Anoka County Court System. PYZr. Oquist questioned if they were doing any counseling now? l��r. Sabby stated that he was doing some counseling, but that.it �, was ma.nima]. at present. -� YLA1V1V11VG liU1�11�91��1U1V i1L'�'1'11V1i_ Jllly Gjs 1N7y � Ya�'e t5 PJir. Oquist then questioned aw to how people would find out about their service? P+1r. Sabby sta�ted tha.t as of now they havn't done any advertising, ;�..,� bu-t -�ha� when the school year starts, they would be sending out fliers to -the school districts. He £urther sta.ted that at -tha� timeo he would be �oing out -to all the schools, and orient them with their operatians. He stated tha� he would be doing the same thing with the Police departments, and also wi'th the churches, and loca� ne�vspapers. I�;r. Oquist then questioned them as to what size staif they would have? T�Ir. Sabby sta�tecl that for the First �rear, �hey hoped -�o lZave one full-time, and three part-time counselors, and several facilitators, that would be part of their program, and als�c secreta-rial help. He furtherstated that they are not associated with Spring Lake Park, but ra�her a non-proiit organization with vrhom Spring I,ake Park has offe�^ed oflice space and utilities to them. Ms. Schnabel questioned v�hether the people wlzo avail themselves of the Central Center's services, pay ior those services? � r. Sabby stated that yes they would, based on a sliding scale of up to y�'30.00 per hour, on -the ability to pay �pon income. But, he stated, noone would be refused the counselin� services, Uecause o�° an inability to pa.y. ^ rrls. Schnabel questioned as to the backround oi the counselors, in as much as their qualifications to be called counselors? P�Zr. Sabby stated ichat tommorrow he would be intervie��ing twa candidates, one of which is called a clinical psychologist, and is considered a level two psycholo�i.st. The ather applicant he stated has his masters in social work, and has vaorked with faxnily counselin.g. For himseli, he stated, he has his masters degree in counseling, plus he has worked in family counseling. �Ir. Harris questioned them as to where they �vere wi�th the Anoka County agency as far as funding? T�ir. Sabby s�ated �chat they have met with P�Zr. George Steiner, who is head of the Comprehensive Health, and th�t there has been money appropriated to the Coun-ty, but they are going through a process, in which they are trying �to decide on the guidelines for dispersement of the money. Because of thisT�Ir. Sabby stated, they would not know if there �vould be any money available until the first of the year� or how it would be dispersed. P.�s. Carlson stated that there are grants available under the M eni:al Health program,but a.�ain, those criteria are set to a degree by the State Legislature� and there is a clzange this year, in n the manner in which the money would be distributed. � PLANNIIdG CO�-1I��ISaION P,I�::TTNG July 2, 1979 Pa�'e g tftr�. Sabby stated that the key for �hem� is to get loca,l support �irst. Dec�.use, he s�cated, v�rhen they �o to the State to �et fundin�;� the S�ate does it on a matching �unds b�,sis. Because of that, he stated, i� a�as irnportant to them �o get loca.l fundinb iirst� because it shows that there is a local need, and support. 1'�Is. Hu�hes s�ated th�.t it appeared to her, that the Human Resources Commission had not made a specific recommenda�ion� but that they had not oPposed it either. PJ1r. Truenfels stated that was true, and that they had �tried to arrive at 'che facts to bring before -�he Planning Comrnission. P1�r. Harris questioned i� they had any discussion �r�ith the �ounty Commission? P�ir. Sabby, and 1.Ts. Carlson stated that yes they had discussion vrith them, and. -�heir viev� �vas that yes, they support the concept of what the Ce�ter proposed to do, bu� were not in a position as to of�er fundin�. P�is. Caxlson fu.rther stated that she felt that aften the �;overment was more apt to fund services that dea.l more with a crisis situation, than to fund services aiMed at prevention. � P+Zr. Harrzs questioned if the members of �the Commission had read the memo that the City I,lanager had sent to the City Council? � i�Ts. Hughes statad that she had hoped tha� �che me�o would have told the Commissian if there was money available for �his �ind of program, but th at she iel�t it did not. �'"`1 I�'Ir. Harris concurred, that was �vhat he had hoPed �vould be in the mema, but it was not. 1��7r. Oquist questioned as to whether there had ever been any money set aside for this? Trlr. noardman stated that no -there had not been money se�t aside, but that there are contingency reserves within the.�i-ty, so that if the Ci�y Council wan�ted to support the Center's progracns, tha1: there would be money that could be made available. To7s. Hughes sta�:ed that she fel-� that this was at least as important function, and operation as the second and third priorities set for.-Lh in the memo, axid certainly more important than the first priori-�y, which received the most amount of money. She �urther stated, that she �elt very strongly, that human resources should be hept, 3nd preserved from ruining their lives, or get-ting tan�led in�o some o�' the crisis situations. She stated� that this is something she �'elt that the City should be very concerned with. She sta�ed that she knows some of the staff peopl� at North Suburban F amily Service Center� and while she personally� has not felt a need to �vail herseli o�' their PLAIVNING COI��IISSI0I�1 C�tEETING Ju1V 25. 1979 Pa.�e 1� ` services, that from conversa�ions with thESe people, she is convinced� that it is �n eY�remely valuable service to the Community. �� Mr. Oquist questioned whether they had an operating budget? 1�1r. Sabb,y s �ated that yes they do, and. that they have about t�venty-thousand dollars to �vork with� and a� this point it would not tarke them throu�;h the full year. He further stated that their budget is running frocn July 1� i�o July 1, so that they will have to come up ��ith other sources oi fundino for this year in order to adequately s�afi the Center, and hire the people on a par't- time basis. rr1r. Oquis't questioned whether they would be back a.gain next year for funding? NIr. SabUy stated that he hoped they ��ould r_ot need to, but that he couldn't say for sure no. He hoped that they �vould be successful enounh, so tha't they v��ould no�t need to return. M s� Carlson stated tha� a quarterly report on the Center's status, would be one of their obligations to 'che City, �and if the City felt that the Center �vas protTiding a vaell functioning, and very useful, and needed service, an� �hat the Conucunity was responding well to the service the Center was providin�� that she��nuint local suppor� might not�be as�ledeofuthelCity.at some con � �"'� Tt�ir. Oquist sta�ted that since this Center would be used by sever�l.. can:mvnities, within the Cou,nty8 that he felt it �vould be agpropriate for the City to help in the beginning, but that maybe future monies should be sought a�'ter through the County, of State a.�encies. T►2s. Hu�,hes stated that she was involved early on in some of the legislatures discussion on the �om�;rehensive Health Act, and she knows the philosophy that the legisl��cure was using, which �v�.s tha.t �Lhey v�rere funding a lot of categorical kinds of progra�ns� and that they wanted to bring these together, and use the same amount of money, or perhaps less, dis�ributed throu�h the counties who would do all the same things that were done under the categorical prograrls, plus a few others including some environ- ment�,l. things. They held a series of hearings in -�he counties, on how that money �vas going to be spent. She fur�ther stated �Chat she is cynical enou�h to know, that the theory is good, but that the practice is poor, in that �vith inflation, what they were goin� to see was a cut back in some of the pro�rams, including some that nobody thou�;ht the County could do ��ithout. So, of course, she stated, none of the environm'ental programs will get funded �o a�y extent. She stated that rvhile it is quite reasonable to expect the County to pick up some oi this funding� she felt that it was kind af a long term future thing, before some of these progra�ns �vould get fundin�. She furth�r sta'ted that /� � PLANNING C�0,�71�2ISSION N1�ETING Ju1V 25, _ 1979 � _ P,a�e 11 'therefore, if this is a useful service� it is going to need -L-he funding locally now, and perhaps for another year, be�ore all �a.s sorted out by the Comprehensive Health Plan. Nir. Harris stated that there were a few things that still bothered him,, " The'� Firs"t be�ng . that he can see a nee� for this kind of prograxn if it -truly accon�plishes the high ideals that 1�2s. Carlson and 1��Ir. Sabby have eYpressed this Center would. But, if it is just another gimmick for people to get out oF their obligation to be responsible citizens, then he would be against it. He �'�at�:d -�ha� he felt that there are too many of those kinds of prograrns axound, Secondly, he stated was a philosophscal problem, in that he �vas not sure if it was �:he duty and the responsibility of the City to get into the welrare business, and that is essentially tivhat they were doino �vi.th this program, as they have done in the past with several other progr�ns. Ihirdly, he stated was that he felt that five-thousand doll�acs was pretty steep in that he, �for all the time he has spent on the Cor�nzission, cou].dn't remember the City of Fridley ever funding any program for that amount of money. Mr. Oquist stated tha.t he felt, that if the Commission wa� in. agree�,ent as to this �entral Center as a viable. a,nd :necessary progra�ji, that they should set the five-thousand dollars as a m�imum �igure, and the City Council could then decide on �che amount of funding the Center would receive. . P�IOTION by ►,is. Hughes, seconded by Mr. Truenfels, �o recommend !"`'�to Council tha.t they underwrite the Central Center ior Family Resources, to the ma,ximum figure of $�,000.00 for this year, with the stipulation: the Ci�y Council should take a look at these types of proposals, and decide whether the City should be in this particular type of business at a11. UPON A VOIC� VOT�, ALI, VOTING AY�, CHAIRtdIAN HARRIS DECLARED THE MOTTON CARRIID UNA1VIyI0USLY. Chairman Harris ini°orrced P�Zs. Carlson, and :vtr. Sabby, that this would be on the August b, 197g City Council Agenda. With the Commission rnembers concurrence, the Gommission decided to handle item #3 of the a,genda at this time. . CONTINUED: SAV T;� 79-03, CITY OF Fi�IDLEY: Vacate all� g South of Oth Avenue bet�veen 2 1/2 Street and 3rd S�treet N �« on, ��eport b Chairperson Harris questioned as to ho�v this could have been sent back for reconsideration, ; as it was never sent to Council with a recommendation? Dir. Boardman stated that he didn`t kno�v as to h.ow it could have been either, but that the Commissions �""�a meeting with the nei�hborhood. The � and what came out of that meeting, was recommenda.tion v�as to hold meeting was held, he stated, that not whether the property would� or would not be vacated� but rather how could the City PLP.�INING COi;iP,�ISSION f:�ZF.ETING JulV 25, 1979 � �e 12 control some of �the problems that are happening in the area at • present. He further stated that after the meeting� it vras decided. �chat the City would try and find some ma�erials, such as rail- � road ties• to try and keep some of the garba.ge and trash ,^ containers inside a certain section o�' the p�.rking area of the apartments. He further stated that they vrould come up with some kind of a scheme to provide the r:laterials, and the apartment owners would put in some kind of retention. He stated. �chat at present� the City has not been able to come up with the materials. He further stated tha�c �hrough a discussion with the apartrnent ov�mer on the north, the owner stated that he would be moving into the apartr�ent building probably in August, so that he �vould becorle more involved in tk�e situation. He stated that the caretaker of the apartment on the south side, had been fir• ed, axid the owner of that building �vould be getting new caret3kers in. I�Ir. Bo�.rdmans stated th�.t vrhat was brought up at the other meeting was whether the City should get involved in a pro�;ram for vacationing the a.11ey�vays. He then shovred the Corcunission the sheets that point out the alleyways of the City. (See At-�achment) �,-Ir. Boardman stated %hat under the list o� "Being Used, Uu-� Unimproved", the City �vould want Vacation Requests signed by the neighborhood. He further stated that if the City were to becom� involved in an alley6vays vacation program, tize "Designated c� P1ot Being Used" alleyways �vould be the ones the City svould gat involved �vith. i�Ir, Harris �xplained tha� the alleyir�ays at present belong to th� ^ owner of the property, bu� that the City has an easement, so � that if the City were to vacate the alley��ay, the use o�' the property is returned to the o��mer, and the City reliqueshes their rights to access. &is. Hughes stated that it v�as her preference that the niembers of 'che ComMission have an oppartunity to look at the locations of the "unimproved" alleyways, and see how people are treating the area. � Mr.. Berton N. Gross owner of the property at �801 2nd Street N.E. stated to the Commission, that several years ago� a number of a,lleys were vacated by the City so that a lot o� people ran lines down throu�;h the alley� and a number oi them`..built_garages. He stated that in Hyde Park, there are just a few that are open, and that he fought to keep them open. He stated that he felt -that this was a program to be improved. He stated that tenaz�ts vaere like the statutes, in that they are here today, and gone tomorrov�. He further stated that in the 2 1/2 street area� he felt that was pretty level lax1d, and that he could see no reason why these landiords couldn't get together for s�nitation factors, and have the alley improved so that the garbage could sit out there, ax1d �the sanitation trucks could go throu�h the alley. . f'� �Zr. Boardma� question�d if ;�Zr. G ross had been in touch with , the landlords? �NLAIV1VIIdG COi:iivlTSaION i'nEETTIVG Jul.y 2�, 1979 Pa e 1 R'ir. Gross s�tated that no he had not. • P�Tr. Harris stated that the section T:�:r. Gross �vas referring to, � was not a thrau�;h alley, in -�hat -the �ity had vacationed a ' middle section to the 1eZe�hone building a numbe� of years at;o. I��lr. Gross sta�ed that �th� City could find ou-� if tha� alley had been designatecl as a. straight through� ax1c? if it had been, the City or the people could have them move the building. i',ir. G ross stat�d that he understood that ai any-�ime that an alley had been designated, rather th� vacated, it could be reopened at anytime the public sa wanted it. although, he stated this would probably en�ail a cou�t figh-t. T•JIs. Schnabel a,uestioned as �o what the Commission was expected to do �his evenin� v�ith S��V T`79-03 ? P�Zr. Boardman stated that tlZey v�aere not expected to do anything, but that it was there for r.iore info�r.iation, on cvhether the City tvould �vant to vacate �he alley�-vays, or no�t. He iurther stated that he felt the City vras looking at the fact that tliere �°aas no purpose for having the alley�vay, in that they are not used for access. �.Phe problems th2t have been caeated, have not necessarily been created because there is an alley �here, but rather because of dupster loca�tions, or practices oi the tenants. He further stated -�hat it was his ieeling that the vacation o�' the alleyways sllovld still take place. � M s. Schnabel qvestivned vahether if �he vacation did take place, whe-cher �the City was still vrilling to go in and put in railroad ties as a barrie'r? iti�ir. Boardman stated �that yes they would, as they did establish that the City vaould do that at the r�eighborhood meeting. Discussion �nsued as to tvhat the Commission should do at this point. Pp10TI01� by I+�Is. Hughes, seconded by Iyis. Schnabel, to con �inue this discussion of St�V �79-03, City of Fridley; Vacate Alley lying South o� 60th Avenue bet�veen 2 1/2 Stree� and 3rd Stree�; N.E., until a more op�or�une time. UPON A VOSC� VOTE, ALL VOTING AY.�, CIi�1I�i•�iAN HAFtRIS D�,CL!�R�D THE Toi0TI0I�1 CARPIED UN.�PdIi:�OUSLY. Chairman Harris� declared a recess at 9:20 P.PyT. , and reconvened the raeeting at 9:30 P.Tai. 2. PU�LIC H�ARIPdG : P.iVISLD CO:;I1'��LH :NSIVE D�V�LOP��;�NT PLAN t P��TION by l�is, Schnabel, seconded by Iv;r. Oquist� to open the PuUlic Hearing. �' UPON A VOICE 1l�TE, ALI, VOTING� AYE� CHAII�.ZAN H.�RIS DECLARED THE PU �LI C Hi�.?�1iING Ol'�N AT 9� 35 P� 1�7 • PLAI�INIlVG COP�11':'ITaSIOid i�iE�TIIdG July 25, 1979 Pa€�� Z4' l��ir. �3oardrn�.n stated �;ha� they had cocnJ�iled a summary of the recom.mencicd chan.Ges 'co the Plan, �ha.� dvere made by the Con�munity Developrner�t Coccrnission, the Parks �� F:ecreatian Comraission, an.d the :�nvironrnenta.l �u�.ii-Ey �o��;;��o�. He iurther s�ated that the Human ttesources Comrnission received the docurnent, and ehose not to revie�v the documen�t. ��lso, he stated, -the Appeals �ornrnission had r�zade �their comments �o the previous docun�en�t so that -�hey chose not �o revi.ev� �his docurnen�. (See A-t-cachmentj 1'�is. Hughes stated i;h�t the Parl� & Recreation Cornrriission approved the Pa.rks & Open S�ace section tvi-th the a�end:��ents that are li.sted on �he sumraary, �nd tY�en also, revie�^�ed the Critical Area, and Lnvironnlen-cal i�esources sections � and a�reed 1;h.at �he Goals, �Zd Yolicies ��rere cora�natible 6vith -chose oi the Parks ax�.c1 Open Space. l��ir. Boa.rdmaxl si;ated the Lnvironrnental ��ualii�y Cam�r,ission had ac�Leci on th� Goals and Policies azzd �the Objectives and the Tntroduc-tion, bu�c i:ha� they �till wanted to reserve their right tio reviedv the rnapping, which s��.ould be corriing shortly. L�'�1�iD U S� : I��is. Schnabel stated th�t she ielt tha.t mos�t of the iirs� pa�e ol the Sn�Crocluction could be deleted, in that she felt �hat it �vas �ood raaterial for a textbools, bu'c -th�, � it clidn' t belong in this Plan. She fur�her sta�ed th�t she lelt that the first �aragraph could re�.�.in, and the rest could Ue deleted, until they get to th� third para�raph of the �econd page. Mr. Boardman stated that -�hey were looking at general directions ax�d th.e reasonings behind those di�ections. iv1r. Truenfels s uated that for the record, he �vould like to say, chat he found the In�roduction help�ul, in tha� Ize is not too iamiliar v�ith laxid use� and he felt it should stay in the Plan. Pdir. Boardma.�z s�ated he �elt that it vras �he Introduction. that ii' this �vere to be a public docurnent, necessary to includ� some ol the summary in P,is. Hughes su;�;es�ed that as individuals� they could suggest changes '�o iir. Deblon� and deletions �ha'� were o�'fensive, and then he could rewrite the In-troduction. DZr. Harris stat�d that he felt �cha� the -�hird paragraph of the second page o:F the In-�roductian �vas the meat of 'the whole In'�rodu��tion, but �thati tiley sizould move on to the Plan Direction. %ir. Iiarris sta,ted that -�he Cor.imission agreed in the most part with the P1� Direction. IYis. Schnabel questianed why the use of the �vord 'living', in the Goa.l? .-.r"� � � PLANIVTNG C0�'fi��il�.�'aSZON ;,IL�:^lIP1G JLilV 2� � P�. e 1 � ` T:Rr. Boardman stated that �v�rd `living' tivas becatzse they were looking at people, at the social aspect, and th� total � requiremen-t of peo�le living in the environment. P�7r. Oquist questioned whether these were the same goals, axid objectives, �ha.t w�re set up two year�s prior? T�Ir. Boardman stated that yes they were, with a few modifications, mostly wi�h the policies, rather than the goals. Mr. Harris questioned if they wanted �to use the word 'best', in Objective One? After discussion� the Cornmission decided -�o switch the words bes'c wi�th attractive in the Goal and Objective One. ��r. Boardman sug�ested �hat in the Goal., they should insert the word oUtainable. The Commissior a�reed to �he changes so tha.t the Goal reads: "TO ASSURE THL BFST LIVING EiVVIP.ONi�:EIVT OI3TATNABLE tPJHILE P�iAINTAINING TH� ECOIVOI��iIC 6'1ELL ByING OF THL COI:'il��iUNZTY. " 1�7r. Oquis� stated that all the Policies say the City 'should', which he stated isn't binding in that it doesn't mean that the City will do, or shall do, or mus� do. I�ir. Boardman stated that they were concerned with consistency r�- in -the Plan, and that he had no problem with dropping the word -" 'should'. Under Qbjective One, Policy 1B, the Co�mission ag;reed that the word ' consistent' � b� clzanged to ' co:�npatable' . The Comr,iission agreed to Policy 1 A. -�• as amended. 0 The Gomnission agreed to �his inclusion, Under Policy 2 C, the Commission agreed to change it to readz "The City should cooperate �vith business�s in an e�fort...." The Cammi�sion agreed to P.oli�y 2 A- C, as amended. The Cor.imission agreed to Policy 3 A- B. Under Policy 4 C., the word 'encourage' should be deleted� and the word'discoura.ge' should be in inserted. Under Policy ��. the Conuiission a�;reed �to the change suggessted by the other Commission of deletin�; the word 'encourage', and ''�,, i�serting the word ' �.11o�v' . PLAT�II�ISNG CO;,�I'.iISSIOid i:�i:.%y'ING Julv 25, 1979_ Pafae 16 Under Policy 4D.o the word 'river' should be deleted, and. the word'n atural feature', inser+ed. Under Objec'cive T�vo, the Commission s�ated that the vrords � ' or expan�ion' , be clele-Led. Under Objecti_ve T�^i�, Policy 1�, the vrords ' corporate offices' , should be dele-�ed �• and the �vord ° business ° s' , inserted. iY1r. Deblo7z s�ated that under Ob j ective �'our, it should read a "E"iVCOU�AG� aPPROP:�IATL LA1VD USL GO��iBI�Va7.'IONS"o 1��10TION by I`,is. Schnabel, se.candea by ��r. ^lruenfels to Cantinue Public Hearing; Revised Cornpr�hensive Development Pla��.. UPOIV A VO�C� VO1 :� �LL VOTII`iG _�Y�, CHaIRi��iAld H�:4.RIS DLCLAREI� THE PUBLIC �i:�:iING CLOS� <�LT 100�0 F.i.i. 4. CONTINUF� : S'i�OPO� �D CH�'�i1GLS TO CH�PT?:R 205 LONING T�ZOTI�N liy I�Ir. Trueniels, seconded Uy e�ir. Oquis'L' to contirzue .discussion on Proposed Chapter 205 Zoning. UPON A liOTCE VOT� � ALL VOTI1`iG �eXE, CHAIitI��iAN HA�RIS DECLAR�D THE P�i0TI0I�I CA.r,: TED UNANIT�:OU NLY. 6. I�ECEIV'� HUP,'iAN rESOUi:CES C0�':��•�ISSION I,IINUTLS: �TULY 12, 197 t�i0TT0?V by i:Ir. Truenf�J_s, seconcled t�y i�.1s. Scl�nabel, to receive the July 12, 1979 minutes of tl�e Human :tesources Cor�u�ission. ^ UPON � VOICE `TOTE � ALL �OTI1�iG AYE � CHAI:3i'�IAN HAiir�IS D�,CI�A��:�D THL iY'i01I0t� CA%�RILD UNANI:.ZOUSLY. �, ��C�IVi: CO;:':i'.iUNITY D:�V�LOP>�I�i`Trl' COi,II',1IS�lON �.ZIiV�JT��: JULY 10,g, 1979 Te70TI0N by �Zr. Oquis�, seconded by P�is. Schnab�l, to receive tl�e July 10, 1979 minutes of the CoMmu�lity Develop�ent �ommission. UPON '.1 VOICi V0�1't�, ALL VO'1'ING g.ir1:, CHAII3i."1�1V HAi�RIS DECLARED THE T�ZOTTON �ARRIi:D UNANT�;:OUSLY. COIVTINU�D: DISCUSSIOid ON COV'{�.RSTON OF nr,I�TAI, PROI�ERTY TO TNDIVIDUAL O��di1E_�SHIP P�;OPL :TY I'+'Ir. Boardrian stated that �h��'e ti��as a ��:inneapolis Ordinance that covered the conversion, that was give to the Commission members for their re�'erence. (See Attachment) P�Tuch discussion took place on tr�is ordina�zce. The Cor�mission cancurred, that from lookin� at the Ordinance, it appeared to the members � that TYlinneapolis �vas trying to mal�e conversions very difficult, and th�reby discoura�ing them. � PLI�NI1IlVG CO�:Tlv1IS.��ION I'y1L�TI1dG Ju1j,T �. 1y'�9 � �7 ° 1'ti4�. Schnabel questioned :;r. H�,rris �.s to what the status of -the �l'enan��s-Laxs.dlord com�r►i-�tee under tr�e �Iumaxi ;�esources was? �1"'1� I��lr. ,�iar.rys s�ated that i.t �a�a� disbaxided, but that it was possible that i-� could be resurrected. �CO lool� into this matter. i<i0TI0N by ::s. Schnabel� seconded by i:ir. Oquist, to send to the Cornrnunity Developrnent Corr�rnis�ion the Discussion on Conversion of r;ental Property, which vrould include tov�rnhouses, condominiums, e-tc. � for 'their recommendation. UF'O�T A VOIC� VOTE, ALL VO�rII�G AY�;, CHAI�:IA.7V HI�:�.RTS DECLAF{E� THE UIQTIOi`i CA�RIED UPdAP1II',TOUST Y. S. OTHEF� BUSII�ESS t 1vZs. Schna.bel questioned �xr. Boardman� if his ofiice had seen a report that had cor;ie frora the Upper i�,iid�vest Council? She s�aied that two 'chings had come ou-t of that report, one being �Chat the majority of the population �vill be of the senior ci�izezz ca�egory, so consequently, housing n�eds will be gear�d toward ther�� and secondly, -ther will be more jobs than job force war�cers available. Discussion ensued on how -�his re�ort might relate to Fridley. ' D�'1��LOPi.tii�IV 1 � 1�i�TION by IY;r. Oquist, seconded by lJis. Schnabel to receive the Specia]. I�Ieetin�; minutes o� the �Comraaunity Development Comc�ission of July 19, 1979• U1�ON A VOIC.C, VOT�, ALL �1'OTING '�YE, CH'aIT�I`'�iAN HA1�.RIS DECT,�ED THr, l�'IOTIOiJ C<4RRIED UTdANI�,IOUSLY. B. REt;EIV ; PAr2��S �c i��CR�,ATION COI�:iPrIISS_I.ON SPECIAL T:iEE1ING P.ZOTSON by r�.is. Hughes, seconded by T�ir. Oquist, to receive the Special T•,Ieeting nminutes oi" the Park & Recreation Commission oF July 18, 1979• U1'ON A UQICE VOTL� ALL VOTING AY�, CHAIRi�IAN HA�',RIS i�ECLAi�ED THL i�iOTTON CAP.�;IED UN�1IT.i0USLY. The Planning Commission concurred, that they tivould have a Special 1�Zeeting ta deal. �vith the Comprehensive P13n, on Wednesdayf August 1, 1979 at 7: oo P.T;T. ADJOU:tN1�•iiiN`1' t 1�IpTION by 1'.1s. Hughes, secanded by tVir. Truenfels to ad journ ,� the July 25� i979 meeting of the I'lanning Commission. �� PLANIVING COi�iPP[ISSIOI'd iriEi`.TIIVG July z�, 1979 __,__,_____ �'�e 18 UPON A VOICE VOTE, ALL VOTING AYE � GHAI�,`�i�1AN HARRIS D�CLAI:'r�D THi: TiL; TING 11�1DJOUi�N.r,D AT 12 i 20 P.P�1. Respectfully submitted; 1:�� 1..J�- ��.��" ----_ � -- Llaine �eed, Recording Secretary �, � � .. Ju].y 23, 1979 � P�ire Ftichard Harris Chairman, Fridley Tlanning Commi��ion Dear T,iro Haz°riss At a recent r�eeting of the Plannin�; Commission, the Human Resources Conmi_ssion �vas a�k�d to look at the Central Center ior F�unil.y Resources p novr bein� �'ormed in Sp�'in� Lake Park, vTi �h pa-rticular attention to possible duplication ancl overlap �xritil services rendered b,y o�ther organizations in the Fr.idley area. The Central Center for Farnily Resources proposes, in par-ticular, the follo�ving services: 1. �arent discuesion groups :�or �arents o� children in I��indergarten through Grac�e 3. 2. Paren�C discussion groups tor parents of children in the upper eleaent�.r,y grades. 3. Family coun.selinga ��. d�orksYiops �or parents of young child.ren. 5. Co�irdinate �rith o�he:^ social service agencies and bring re�ource people in-�o t�ze comaunity. � ,A. Family counselor B. Probatian officer C. Red Cross � D. Eattered �firomen group Our survey has found the �ollowin�: _� Parent discussion groupss Apparen'cly no overl,ap for r�r�� a� school children, I�indergarten through elementary grades. However, for parents of pre-school children, '�I�oping �rith Kids -- I�radle t}srou{;h �indergarten (I��) " offers presentations and sm�11-group discussions for tlle parents. Fan.ily counseling -- some overlap v,tith �utheran Social Service ( at St Phillip's ) an.d �rith Fridley Itiethodist Church. Probation o�ficer -- Probation is handled -through . Axio�ca. Coun-�y Cour� Services. It 3s not clear what the role of the Central �en.ter ior Family Resources would be. Ba.ttered �vomen -- apparently duplica-�es the �-�ork of the .t�.rioka County T ask Force for Battered tiYomen ( ACT ). lthat ia definitely needed in the Fridley area is counselin�; for teens o�rhe North Suburban l�amily Sea-�rice Center �,pparently is no� accessible by bus. It is not clear �vhether the Central Center for Family R.esources would (�`� provide any coun�e3.ing for teen-agers. Respectfull,y submitted i' � �,. �1••'.a....,� �..� s+ Peter Treuenfels for i;he I�uman Resources �ommission ,r `, . . . _�...V �1 �b ��l �� Dats to Mayor 1 .Ro�, �o - Comm. oF ��0 Dafo Returnod ' `Public� Hoarin� . , �� ,� � � Dote Roiubmiti�d � 2nd R�oding &, Final . fo Countil � Possoga ��°"�� l�lcierr,�an �4ark f;aplan & 111d�rma�i S�zlly Iioward present tha followin ordin 8 once: . nr.lendinc� '1�itle 12 of the Minneapolis Code of Ordinances relating �o Iiousiny. , , . The City Covncil of the City of Minneapolis du ordain as (ollows: .� . . Section 1. T1ie Minneapolis Code of Ordinances is amended by ad�ling Lhere�o Chapter 250, reading as follows: . ` � CHAPTL•'It 250. RESrDENTIAL CONV�R5IONS. . � 2 S 0 .10 D�1�INITIONS . • - For the �urpose of this cha�ter, the following�terms shall m � . ean: Uni� bei,i offereci for sale: In the case o:E condominium conversions � t�liis shall r.tcan the . sale of a dwelling unii; of the building along with an aliyuot share of t11e common areas of �the builc�ing. In the case of :cooperative conversions tliis shall mean the sale of,an aliquot share of tt�� entire building alony with tl�e right to rent a particular unit. T�n��nc: nny person leasing.or rentinc� a residential a�artment in .l J�uilc7ing, or grouY of said tenants, or corporatioi�, association, . . E�artriersliip or trusi: o�aned 100 percent by such tenant�. �victic�rl for c��C� czt� ,c�; ��i�t,�on because of non��ayment oF Le�1L, viola�io�i �1 1��-�;;� (:C11115 whicli rl1VC •J�C��Il c��»er.ally e�iforceci in Lhr_ l�uilcliny, or conunissioii o.0 wasLe. : u��ioca��.on �-��sis��n�e )�lVIl1C)li::a: . Cash ��a��mel�ts itl consideration of- • �lie cosi: of movii�g aild general casts relati»g i�o fiildin an �T d rentinq ol uuyine� a�lace i�z wliich to live, - �• . . � . . Re7.occiti.aii a�.�;.��ce: 11ic� in th� torm c�L 1ist� af l�aL-ential � --........._.. �� .. � '.t'q�•tv..•vCt\,��.. ... �'j !�:l-t��-.e�� - � • - ...._._...._.�......._._.':1:...... ' . .. •�d �u.r�.,..�r� ��.... ,..:�:iw�,�, ..... , .,n._,.d:�':6'Z�",i'S�'4D,iTi� � . � . . . ,.YR . .� . • • - � � . . �, � r.enL-6�1 units in the same or a simia ar neighl�ort�iood; oELcrs to ren� a.n a�similaz builcli�i�� owned by thc san�u ow�icr as tlio 17rescnL �uilclinc�; �.. � other atfirmative steps L-aYen by the present owner to locate suitable, ec�uivalent housing L-or the disnlaced tenant. bevElo��er.: The person or persons, Par�nershi� or limited par��ner- slzip, cox��oratian or other business association which owns a rental dwelling or building and which proposes to sell that building in parts ' to inclividual owners cither through a condominium or cooperative system. 250 0 20 NOTICL 'L'0 TL•'NI�NTS At least 120 days pxior to of�Cering any unit for sale to the •public, the developer must provid� �o each tenant of tlle building a written stateMent containing the following: a) No�ice of intent to sell the unit . b) Sale price of units . c) Firm o�rer of sale of the unit to the tenant � . d) Detailed explanation oi the tenant's rights under this � ' ordinance and any other ordinances or laws. � . �'1 copy of eacii sucli nota.ce shall be mailed by the developer to the �� tdznneapolis Department oF �nspec"tions and to the Alderman �of the Ward + .in which the unit is located. ' � I 250.30 ItIGIiTS 01? T��111iVTS TO PURCt111S� ' . � 1)� I'oz the firs� 60 days-of the 120-day period provided in Section 250.20 o:C tliis chapter, there sh�ll be an exclusive righi: for a �enant association, owned 100 percen�. by the tenant�s of t.he builcling, to purcl�ase �he entire building. 2) For t}ie next� 3 Q da�►s each •tenan� (or sub-tenailt ) has an ex- clusive righ� to pu�:chase the unit he/she occupies. �• 3) If Lhe i:enan�: rejccts i:he oticr�to purchas�, the uni� must be . , � � made available for purc}iase by otlier L•cn,�-�iits in L•lze buildinc�. Tllis ia.g1�L i�� l>urch.lse CX�:GIl(:I , i:o thc end oL L-lic 120-c3ay noticc l�eriod. -�-•-.,�-._._._....:_�.= "°---= ._._..�� ='� - - --- ---�; -- - � s�.�...�,. .. . � ' � . '." .' 4 j 1'� �io tena»1: acccpL•s i:hc� o.Cier to Uurc}iase t)ie unit, the . ' �levcl�l�cr i��iy lioL o.C1cr �l�c u»it L'Ur sale to t�he ��uulic �at a}�ricc � ;.,� and terms more aclvantagcous to the buyer.than were oFfered to the • ' tenant ass�ciation or tenants for.•a period of 90 days after the end of the 1?0-clay period. � • ' 25 0 . 4 0 �vzcTZOras � 1) No unit can be offered for sale i.f in the 150 day period . , immediately pr�ceding t11e sale or offer of sale any tenant has been � evicteci wiL-hout goad cause. - 2) �or 120 days prior to p,�fering a rental unit for sale to the �public, a tenant.o� tlle building can be evicted only for good cause. . 3) No tenant can be evicted upon less than 60 days' notice; however, in no event may such eviction be effective prior to the end of the 120 day notice period, except as provid�d in 2) above. 250.50 RELOCATIC�N ASSISTANCE AND PAyrgEjlTS i`'1 . Relocai:ion assS.stance payments in the amounts as scheduled below �shal.� be paia to tenaaits �aho vacate the building either voluntaril or involuntarily after receiving notice of intent to sue b the y . Y developer: Relocata.on assis�ance paymen�s shall be paad tc�''tenants�at least 15 days before the date�the tenant vacates and sha11 be in adc�.ition to ar�y security de�osits or other compensation refund or . assistance to which the te�iant is otherwise entitled: a) COi1llOt12iJTUi2 CONVLRSION R�LOCP.TION 13FN�rITS 1 p�rson in i�ousehalci: $300 . � 2 j�Cx'SOJ1S 171 1lOUSC�l01C�: $l�,rj� 3 ��ersons in household: $600. • 4 ��erso�ls i�i l�ouscliold: $7�p � � °^ , 5 or more persons in liouseholci $900 � � r � � � � . � ', -� u� CUUPJ;1Z11'1':IVI: CONVt:lt�ION 1Z1:��UCR'1'ION 13LNL1'i'1'S ' . . . ' ' � L•'ach l�ou�eholc� sh�111. receive �1 Cil:ih ��aymei�� ecjual �o L-he di�ference . . �. I�etween the cash c3owi� payrnent: requirecl for membership in thc cooperat,ive and $200 it that cash down paymen� is greatcr than $200. - c) TN 130`I'�i C11SL'S . �• .. �Relocation assistance Srlaii be provided to each tenant who vacates ,the building i.n ordcr to secure replacement housing of comparable size, cos� aild location. � � � � � .. . �. 250. 60 1IOUSIIIG rOR CIiTLDREN . � � Condominiur,i and cooperative governing documents shall not contain . ' prohibitions against children i.n any building containing units with � two or more bedroomso . . � . 25 0. 7 0 COD� COP�PLTAIVC� � � � . A certificate of code compliance is required for all converted ' • �roperties. - � � � � . . �50.80 WI�RR�INTY OI' It�P11IRS: SET-ASID�S � Lach developer shall warrant for one year from the date'of sale..the buildiny's foundation, structure, roof, �vindows, and all heating, plumbing and electrical systems �nd compon�nts, exc�pt for s�aitches,, receptacles, fixtures, registers and radia�ors Tocated within an apart- � merit. The followinc� are exempted �rom all of thc above warranties: 1) Damage caused by acts o� unaui�horized third�parties, including � vanclalism, neglicJenee, improper mainte�iance, ar improper operation by a�iyoiie oLlicr t}ia�i tlze cleveloper or his/lier employces, �gents or sub- con�ractors. 2) Acts af God ancl accideni:s, ine].�udine� but no� limited to fire, explosion, smoke, ti�a�er escape, windstorm, hail, lightning, flood, i� tornado, earthr,uake and nuclear holocaust. 3) Normal wear and t�e�-�r and iiormal cleLerioration. ,. 4) O1:C�lllcli'Y I11cllIl�:Cllc'IIICC a»il r.c�pazrs�� . ��' ��.�.�. -��."'2.. _ . _ �� _� � ' �. _ � � �� _ � .�-w�.w�.» , � w� �.� . :.t1114i'i': ��4TY�w u. �r��r a�� . , �. ' , ° �� in adcliL-io�i, aL• � tl�e time oi' :�ale o�L the t'ix�st una,4:, �2�e develoE��r � st�all cstal�l.ish an escrow iuncl in an amounl equal lo �1 percent oF thc �° sale� I�rice of each unit sold, and shall be deposited into escrow concurreni�ly with the closing ot �he sale oS each unit. Such fund � . shall be in a bank other than any bank having any ciirect financial , connection �vith the sale, mortgage, other encwnberance or ownership of all or any par� of the building.� A� such point as the Condominium . , 1lssociation is formed sucl� escrow fund may be replaced by a letter oi � credit�in favor oi the Condominium.Associatian of an amount equal to 1 percent of the sales prices of all units in the building. The .condominium association sliall have th� power to wz�hdraw from the fund . . or drativ down on the letter of credit for the purpose of making repairs L-o.warranted im�rovementse No money shall be withdrawn from thc fund . unl�ss the developer has been advised in writing of the need for the speci�'ic •repaiz and lias �'ailecl �to comple�te tlie repair within a reasonable. �'"`, period of tim�. D�pletion of.�he escrow fund prior to expzration of the • warranty period stlall not relieve the developer of the obliga�ion of making all repairs warrantec�<� Ar�y money remaining in the funci at the end of the one-year period shall be returned to the developer. The owners' association's claim to money in the escrow fund or �o the letter ot credit sllall be prior �o any creditor of the landlord, includinq a trustee in bankru�tcy or receiver, even if such funds ar� comingled. In the case of a cool�erai:iv� conversion an escrow Fund of 1 perceiit of tlie sales price o.0 the builclil�cJ shall be created at the time of thc closi��g 07� tihe bu�.lding. This rund sha11 be for the pur��ose of making repairs under this paragraph and shall not a't any time accrue �o the or.iginal owner of the building (the develo�aer) . � .. • � 2�0. �o DTSCLOSllIt� l:I:QUIRL•'T�L•'NTS . In adclition to oi:her requir.ecl cliscl.ostires, developers shall make ~ �v�zil��l�le the fo�.1o��i�lc� infor�iiai:i.�n L-o }�zos�,cct_.i�e l�urch��sers: �_;�.....:_..._.�.�:i_�._.___..w___.__._ ..�.. _. .. . . ... .. .. . . . __ � . . . _ • e . � �' a) Col�ics o� all condominiuin od� coolacraLive clocumenl-s. o� • '� �) Lisi; oL rei�airs and im��rove�uci�L•s to be canpleted bcforc; thc . . �l�se of sale, incluQiny speciiications, materials to be used, con- tracLors and cost. ' c) �stimate oE zhe,useful life of the building's major component� arld mechanical systems. d) Estimate of the cost of repair of any component whose useful , life is less than five years. . e) Itemized statement in budget form oi -the moni:hly cost of owninc� a una.t. • T . f) Stutc^lent of.the actual expenses for the building as shown on the IRS form for income property as filed for the most recent taxable year. �If such sta�ement is based on acerual accounting, an additional staterneilt based on cash accounting is required. � g) Certificate of code complianceo � � � _ � �hj I�ny tenant, re�resentative of any tenant or any other prospective puxchaser shall be permitted by thc cieveloper to inspect any or all common areas, mcclianical units of �he building, structural units of tho building and any other sagni�icant component of the building at renaonuble una convenient times. • 250.100 ADUITIONIIL PROVISIONS � 0 1) Ai�y purcli�ser has an absolute right to rescind an earnest moi�ey agreement or other acceptance of an�offer'of sale, within 15 days aCi:er 're�eipt of all clisclosure documeni:s. 2) In any case wlicre local, stal:e or �ederal funds are used in an� way, the develai�er must affirmatively market units offered for sale in accordancc wii:h IIUD affirmative marketing requirements. � 3) If at�y section, provisio�i or clausc:, of i:liis chapi:er bc adjud�3cd in�►alid, Lhe samc shall not affecl tlia validii��► of this cliapi:er as a ,. �;r::t;;- - - - -- - - - - � � . ." . P • � `O ` ,� . � ',,wholc, or any sect�iali, ��rovision o�- clause othcr tliun i:he part c3eclared t.o be invalicl. it is hereby declared to k�e L-he leyislatiVe intent oi �� the Gity Council tha� this chapter would have been adopted had such unconstitutional or invalid provision or part thereof not been included. ,4) This chapter shall not be applicab].e to transfers of units, '.contracts for sale of which were entered into prior to June 1, 1979, or to sales of units closed prior to the effective date hereof. 0 � � 9fF�7f� AY6 ,�UB. UVfd. p:ladric orrao ra��Z��.�r,t�i_.� � �Invl 1 I a � � 0 f i� . . ` • • a �' k n'r �ve �ov . . A �. �r . uce X IMDICATES VOTC H,V, - Nvt Yo[In� Sbs, � Abqcnt Ovrd, - Yola to Ovarrlda Sust. - 1'c+Ia [n S�atr.i� PAS5ED 19 ^ AFPRpvE D � 4 � . NOl" APPRG�VE� VETOED , . ATTEST C�er �1e�1 Pro�� ol Cov�.cd ' • • � .. ._ . •.�....,.,....w�.-.`�'-�.�'.�. •-...�..�_.�_..._.��-_=n...'�=M -�'.;.7�.r�...�::•..s.~ .. _�.�....y...�e... 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