10-26-88 Council Minutes - Laserfiche WebLink

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r~zriurEs City Council October 26, 1988 Round Lake Collova agreed a.nd pointed out that this is the fir•st the City has hear~d Tr•ail of the tr~ianpular ar•ea. Townhomes (Cont.) Don Larson reported that many of the r~esidents have lived in the complex for a couple of year~s and have been made promises by the developer~ which have not been lived up to. Larson also reported that when he has discussed these concerns with Cit,y staff or~ asked specific questions such as WI1P_Y'P the bond i s for~ the 1 andscapi ng, he ciets confl icti ng answers. Larson pointed out that the par•kinc~ configur•ation for the complex has been changed from what was presented to the Council on the site plan, and this has presented some problems. Larson asked that the Cit,y not iss~ae occupancy permits until the pr~oblems are resolved. Larson pointed o~.it that additional tenants are scheduled to move in on November lst, and asked who will prevent them from doing so. Fahey asked what the City can do when someone is occupying a building ~iithout an occupan.y permit. The City Attor~ney replied that the City could take cr~iminal action, however, the court would give the occupant a. r•easonable amount of time to vacate the premises or to obtain an occupancy per•mit. Fahey asked if occupancy permits can be withheld for failure to live up to a Development Agreement. The Attorney replied that they could. larson asked what aood an occupancy permit was if a per~son can move into a place without one. Fahey replied that an occupancy permit is a tool to prevent people from occup.ying a place that does not meet Code r~equirements. However•, it was not a great tool to get the developer to live up to his Development Agr~eement. The Cit,y Cler•k r•epor~ted that occupanc,y per•mits ar•e usually required b,y a bank when someone is obtaining a mortoage on a proper~ty. Without an occupancy permit, mor•taage approval will not be given. Mc~labb sugqested that the City could ask for an unlawful detainer against Mr~. Schr~ier for~ failur•e to have an occupancy per•mit. McNabb r~epor~ted that court action would be scheduled q~aickly for• an unlawful detainer. The Ci t,y Attor•ney was not sure that the cour•t woul d gr•ant an unl awfial detainer as lang as Building Codes are being met. Mc~labb suggested that the opinion of a Ramsey County Distr~ict Court Judge be sought on this issue. McNabb pointed out that people are illegally occup.ying the building and that Mr. Schrier had been notified that he would not be issued occupancy per•mits until the problems with the development had been corrected. Page -17-