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PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, April 4, 2006
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
4.1 Case 06-04 Request for Planned Unit Development (PUD) Conditional Use Permit
(CUP) to accommodate a condominium indllstrial re-platting of the
existing building, 4301 Quebec Avenue North, Tom ImmenfNevv Hope
One, LLC, Petitioner
4.2 Case 06-03 Request for Planned Unit Development (PUD) Conditional Use Permit
(CUP) and site/building plan revie-vv to allovv the re-plat and
rede\Telopment of the site vvit11 the construction of fOllr buildings
containing 16 office/warehouse condominiums, 7100 27th A venue
North, Christopher A. RohrfRome Companies, LLC, Petitioner
5. COMMITTEE REPORTS
5.1 Report of Design and Revievv Committee - next meeting April 13, 7:30 a.m.
5.2 Report of Codes and Standards Committee
6. OLD BUSINESS
6.1 Miscellaneous Isslles
A. PC06-01, 8201 54th A venue, sign variance - approved
B. PC06-02, 8320 47th A venue, CUP amendment - approved
7. NEW BUSINESS
7.1 Revievv/Approval of Planning Commission Minlltes of Nlarch 8,20065
8. ANNOUNCEMENTS
9. ADJOURNMENT
. Petitioner must be in attendance
Planning Commission Guidelines for Public Input
T11e Planning Comn1ission is an ad\lisory bod)T, created to advise t11e City! COlI11Cil 011 lCU1d llse. The
Planni11g COlmnissiol1 vviII recolnme11d COlu1cil appro\Tal or de11ial of a lalld llse proposal based llpOll
tile Plarulll1g CommissioIl' s deterlninatioll of vvlletller. the proposed 1Ise is pern1itted llnder tile Zoning
Code alld t11e Comprel1ensi\Te FlaIL, and vvl1et11er tile proposed llse 'Vvill, or \villll0t, advrersely affect t11e
sllrrolu1du1g neig11borhood.
T11e Plarming Commission 1101ds informal pllblic 11earings on land llse proposals to ellable YOlI to learn"
first-lland, "\,v11at SllC11 proposals are, and to permit YOll to ask qLIestions and offer comments. Y OllY
qllestiolls and comments become part of the record and vvill be used by t11e COlillCil, aloIlg "\vitIl tI1e
Plarulll1g Commission's recommendation, in reaching its decisioll.
To aid in )TOllr lmderstallding and to facilitate YOllY comnlents and questiollS" tIle Plalulll1g Commission
\vill Lltilize the follo'Vving procedllre:
1. TIle Planning Commission CI1air vvill introduce the proposal.
2. City staff vvill olltline the proposal and staff" s recomme11dations al1d aI1S\Ver an)T. ql.lestio11S frolll tI1e
Plaruling Cornmissiol1.
3. TI1e petitioner is ll1vited to describe the proposal" make commel1ts 011 tl1e staff report" and aJ.1S\Ver
questions from the Planning Conunission.
4. The cllair vvill open the pllblic hearing" asking first for those "vila yvisil to speak to so indicate b)t
. raising t11eir hands. The c11air may set a time limit for individllal qllestiolls/colllll1el1ts if a large
11l1mber of perso11s 11ave indicated a desire to speak. Spokespersons for grOl.lpS \villllave a IOllger
period of time for qllestions/comments.
-:J. \1\lllen recognized by t11e c11air, the person vvisIling to speak is asked to COIne forvvard and to give
tlleir full name and address clearly. Remember, YOllr qllestio11s/colnlnents are for tIle record.
6. Direct YOlIT qllestiol1s/cornments to t11e chair. The cllair vvill determll1e \'Vl10 \vill a11S\IVer YOllf
questiol1S.
7. No one 'Vvill be gi\Ten the opporhmity to speak a second time lU1til everyone 11as 11ad tile opporhmityT
to speak ll1itially. Please limit YOll! second presentatio11 to nevv ll1formatiol1, not rebuttal.
8. At t11e close of the pllblic 11earing, t11e Planning Commissiol1 vvill discuss the proposal and take
appropriate action.
A. If the Planning Commission recommends that the City Council approve or deny a reqllest" t11e
planning case vvill be placed on tIle City Council agenda for t11e next regular meeting. USllall)r
t11is meeting is \vitllin one to ,tvvo vveeks of the Planning Commission meeting.
B. If t11e Plaru"llllg Commission tables the reqllest, the petitioner "viII be asked to rehlrn for tl1e next
Commission meeting.
PLANNING CASE REPORT
City of New Hope
Meeting Date: April 4, 2006
Report Date: March 31, 2006
Planning Case: 06-04
Petitioner: Tom Immen, Chief Manager, New Hope One, LLC
Address: 4301 Quebec A venue North
Request: Planned Unit Development (PUD) Conditional Use Permit (CUP)
I. Request
The petitioner is requesting a Planned Unit Development (POO) Conditional Use Permit (CUP) to
accommodate a condominium industrial re-platting of the existing building at 4301 Quebec A venue
North, pursuant to Section 4-34 of the New Hope Code of Ordinances.
II. Zoning Code References
Section(s) 4-34 Adm:inistration - PUD, Planned Unit Development
III. Property Specifications
Zoning: I, Industrial
Location: On the west side of Quebec A venue North, approximately 300 feet north of
42nd Avenue.
Adjacent Land Uses: Industrial uses to the north and east across Quebec A venue, R-4 High Density
Residential immediately to the west, and Community Business immediately
to the south.
Site Area: ll1e lot is 278.66 feet deep by 490 feet wide, or 136,543 square feet, or 3.13
acres.
Building Area: 50,194 square feet (one-story building)
Lot Area Ratios: Building footprint: 370/0
Green area: 130/0
Paved area: 50%
Planning District: No.9. District 9 is characterized by industrial and park/recreatio11land uses.
The Comprehensive Plan indicates that the city will promote industrial
business retention and in-pla~e expansion \vithin the district.
Specific Information: For many years, the industrial buildmg has been occupied by multiple
industrial tenants. In recent years, the city has had some concern about the
maintenance of the building and general appearance of the property. The
new owner, New Hope One, LLC, purchased the property with the intention
Planning Case Report Page 1 3/31/2006
of making improvements to the property and converting the building into
for-sale industrial condominiums. During the summer of 2005, Tom Immen
met with city staff to discuss the possibility of creating the industrial
condominiums, and city staff supported the project and associated building
and site upgrades. Mr. Immen proceeded to purchase the building and spent
several months working with the existing tenants to prepare for the
conversion of the building into for-sale industrial condominiums.
IV. Background
The applicant is requesting a planned unit development/conditional use permit to convert the existing
building into six industrial condominium units. The site is in an industrial district, with industrial uses
to the north and east across Quebec A venue, King's Manor apartments immediately to the west, and
the Sunshine Factory restaurant immediately to the south. There is a one-story building on the site that
contains 50,914 square feet The lot is 3.13 acres in size and the topography of the site is mostly flat. The
petitioner is proposing to make several improvements to the property including: chip sealing and
striping the parking lot, expanding the parking at the east entrance for accessibility, replacing dock
doors on the south side for uniformity, installing additional landscaping, improving the lighting,
eliminating parking on west side of building for improved circulation, and replacing the fence on the
western property line.
V. Petitioner's Comments
In correspondence submitted on March 10, 2006, the petitioner indicated that the "subdivision into
condominium units provides greater stability of ownership thus enhancing and preserving the value of
the subject and surrounding [properties]." According to the petitioner, the PUD "will attract smaller
industrial users who wish to O\^111 their own space thus adding more stability to the property."
The petitioner described the background related to the property, mdicating that New Hope One, LLC
acquired the property in June 2005 as part of a foreclosure proceeding. The prior owner defaulted on
the mortgage, and the property had fallen into disrepair. The letter also describes that "the interior of
the building is separated into six main areas, each with its o"\vn entrance, dock door, electrical and gas
service. A new common service corridor would be constructed through the center of the building from
east to west. This corridor will allo"\v for accessibility to all units along with enhanced exiting."
In follow-up communications submitted on March 24, 2006, the petitioner describes the response to
comments made by the Design and Review Committee. TI1e petitioner intends to comply with most
requests; however, New Hope One LLC "objects to the assessment of the park dedication fee." In a
separate letter to the community development director, dated March 23, 2006, the petitioner describes
the reasons for the objection to the fee. As the petitioner described, "We completely disagree that our
project could be defined as an intensified use nor do we believe there is any nexus between the use and
the proposed fee."
VI. Notification
Property owners within 350 feet of the property "vere notified and a public hearing notice was published
on March 23, 2006. Staff has received no comments.
Planning Case Report Page 2 3/31/2006
VII. Development Analysis
A. Zoning Code Criteria
Administration - PUD, Planned Unit Development
The purpose of this section of the Zoning Code is to provide for the grouping of lots or buildings
for development as an integrated, coordinated unit as opposed to traditional parcel by parcel,
piecemeal, sporadic and unplanned approach to development.
This section is intended to introduce flexibility of site design and architecture for the conservation
of land and open space through clustering of lots, buildings and activities, which promote the goals
outlined in the Comprehensive Plan or serve another public purpose. It is further intended that
Planned Unit Developments are to be characterized by central management, integrated planning
and architecture, joint and common use and maintenance of parking, open space and other similar
facilities, and harmonious selection and efficient distribution of uses. The PUD process, by allowing
deviation from the strict provisions of this Code related to setbacks, heights, lot area, width and
depth, yards, etc., by either conditional use permit or rezoning to a PUD District, is intended to
encourage:
1) A development pattern in harmony with the objectives of the Comprehensive Plan. (PUD is not
intended as a means to vary applicable planning and zoning principles.)
2) Innovations in development to the end that the growing demands for all styles of economic
expansion may be met by greater variety in type, design, and siting of structures and by the
conservation and more efficient use of land in such developments.
3) The preservation and enhancement of desirable site characteristics such as existing vegetation,
natural topography and geologic features and the prevention of soil erosion.
4) A creative use of land and related physical development which allows a phased and orderly
transition of varying land uses in close proximity to each other.
5) An efficient use of land resulting in smaller networks of utilities and streets thereby lowering
development costs and public invesbnents.
6) Promotiol1 of a desirable and creative environment that might be prevented through t11e strict
application on zoning and subdivision regulations of the city.
A summary of the applicable general requirements and standards for a PUD are as follows:
1) Ownership required.
2) Comprehensive plan consistency required.
3) Common open space sufficient to meet rrUnimums requirements.
4) The PUD plan shall contain provisions to assure continued operation and maintenance of open
space and service facilities, including the establishment of a property owners association.
5) The exact density allowable shall be determined.
6) All utilities shall be installed rmdergronnd.
7) Proper location of water shut-off valve and proper sewer cOill1ections and access.
8) Landscaping shall be provided in accordance with the landscape plan approved by the City
Council.
9) Provisions for trash pick-up shall be provided in accordance with t11e plan approved by' the City
CounciL
10) The developer shall execute and deliver to the Council a development agreeme11t Public
improveme11ts shall be secured by cash escrow or a surety bond.
11) The entire site s110uld be surfaced with a material to control dust alld drainage.
Planning Case Report Page 3 3/31/2006
12) A drainage system subject to the approval of the city engineer shall be installed.
13) Developments abutting residential districts shall be screened and landscaped in compliance
with the requirements of the zoning code subsection 4-3( d)(3)( d) which states the following:
d. Required. fencing and screening. Where any business or industrial use (i.e., structure,
parking or storage) abuts property zoned for residential use, that business or industry
shall provide screening along the boundary of the residential property. Screening shall
also be provided where a business or industry is across the street from a residential
zone, but not on that side of a business or industry considered to be the front (as
determined by the building official). All the fencing and screening specifically required
by this Code shall be subject to a, above, and shall consist of either a fence or green belt
planting strip as provided for below:
1. Green belts. A green belt planting strip shall consist of evergreen trees and/or
deciduous trees and large shrubs and shall be of sufficient width and density to
provide an effective visual screen. This planting strip shall contain no structures.
Such planting strips shall be designed to provide complete visual screening to a
minimum height of six feet. Earth mounding or berms may be used but shall not be
used to achieve more than three feet of the required screen. The planting plan and
type of plantings shall require the approval of the city council, which shall have
before it the recommendations of the Planning Commission, city engineer or
building officiaL
2. Screen fencing. A required screening fence shall be constructed of masonry, brick,
wood or steeL Such fence shall provide a solid screening effect and not exceed eight
feet in height or be less than six feet in height. The design and materials used in
constructing a required screening fence shall be subject to the approval of the city
council, which shall have before it recommendations of the Planning Commission,
city engineer or building official.
Procedures for processing a PUD include the following stages. The processing steps for a PUD
are intended to provide for an orderly development and progression of the Plan, wit11 t11e
greatest expenditure of developmental funds being made only after the city has had ample
opportunity for informed decisions as to the acceptability of the various segments of the vv-hole
as the plan affects the public interest. The various steps, outlined in detail in the following
sections, are:
a. Application conference. Preliminary discussions.
b. General concept plan. Consideration of overall concept and plan.
c. Develop,nent stage plan. 011e or more detailed plans as part of the vv1101e final plan.
d. Final plan. The summary of the entire concept and each development stage plan in an
integrated complete and final plan.
General concept plan.
(1) Purpose. The general concept plan provides an. opporhmity for the applicant to submit a plan to
the city showing his basic intent and the ge11eral nature of tl1e entire development before
incurring substantial cost This concept plan serves as the basis for the public hearing so that the
proposal may be publicly considered at an early stage. The follo"Vving elements of the proposed
Planning Case Report Page 4 3/31/2006
general concept plan represent the immediately significant elements which the city shall review
and for which a decision shall be rendered:
a. Overall maximum PUD density range.
b. General location of major streets and pedestrian ways.
c. General location and extent of public and common open space.
d. General location of residential and nomesidential land uses with approximate type and
intensities of development.
e. Staging and time schedule of development.
f. Other special criteria for development.
Developntent stage plan.
(1) Purpose. The purpose of the development stage plan is to provide one or more specific and
particular plans upon which the Planning Commission will base its recommendation to the
council and with ,vruch substantial compliance is necessary for the preparation of the final plan.
(2) Submission of development stage. Upon approval of the general concept plan, and within the
time established elsewhere in section 4-34, the applicant shall file with the city manager a
development stage plan consisting of the information and submissions required by section 4-34
for the entire PUD or for one or more stages thereof in accordance with a staging plan approved
as part of the general concept plan. The development stage plan shall refine, implement and be
in substantial conformity with the approved general concept plan.
(3) Review and action by city staff and Planning Commission. Immediately upon receipt of a
completed development stage plan, the city manager shall refer such plan to the appropriate
city staff, Planning Commission or its committees and other special review agencies such as
DNR or EQC, etc. where applicable.
(4) Development stage plan review criteria. The evaluation of the proposed development stage
plan shall include but not be limited to the following criteria:
a. Individual rights Adequate property control is provided to protect the individual owners'
rights and property values and the public responsibility for maintenance and upkeep.
b. Traffic plan. The interior circulation plan plus access from and onto public rights-of-way
does not create congestion or dangers and is adequate for the safety of the project residents
and the ge11eral public.
c. Open space. A sufficient amount of useable open space is provided.
d. Privacy and property values. The arrangement of buildings, structures and accessory uses does
not unreasonably disturb the privacy or property values of the surrounding residential
uses.
e. COl1'lpatibility. The architectural design of the project is compatible with the surronnding
area.
f. Drainage. The drainage and utility system plans are submitted to tl1e city engineer aJ.1d the
final drainage aJ.1d utility plans shall be subject to their approval.
(J Sound developlnent. The development schedule insures a logical development of the site
b.
which will protect the public interest and conserve land.
h. Platting code. The development is in compliance ,vith the requirements of the New Hope
Subdivision Code.
i. District requirentents. Dwelling unit and accessory use requirements are in compliance with
the district provisions :in which the development is planned.
Planning Case Report Page 5 3/31/2006
Final plan.
(1) Purpose. The final plan is to serve as a complete, and permanent public record of the PUD and
the manner in which it is to be developed. It shall incorporate all prior approved plans and all
approved modifications thereof resulting from the PUD process. It shall serve :in conjunction
with other provisions of the city code as the land use regulation applicable to the PUD.
Subdivision and Platting
The purpose of this chapter is to make certain regulations and requirements for the subdivision and
platting of land within the city of New Hope pursuant to the authority contained in Mllmesota
Statutes 462.358, which regulations the City Council deems necessary for the health, safety and
general welfare of this commnnity. It is also the purpose of this chapter to safeguard the best
interests of the city of New Hope and to assist the subdivider in harmonizing his interests with
those of the city at large.
Per routine policy, a preliminary plat was requested. The applicant submitted a copy of the
preliminary plat in draft form, which vvas reviewed by the city attorney and city engmeer.
Comments received include the following:
City Engineer - The city engineer has indicated that the following comments should be considered in
the review of the plat:
1. lD-foot drainage and utility easements should be provided along all property lines.
2. The right-af-way along Quebec A venue should be platted to complete the 3D-foot width.
Additional drainage and utility easement should be provided along the 30-foot-wide V2 right-of-
way.
3. No cross-easements are shown along the north property line. Shared access across the property
line is technically not acceptable unless appropriate easements are in place.
City Attorney - According to the city attorney, the city may have limited authority to review and
provide input on a Common Interest Conunnnity (ere) plat. See attached letter dated March 30,
2006.
The City Code states that copies of tl1e final plat shall be submitted to the Planning Commission for its
review and recommendation, unless this requirement is waived by the Planning Commission
during its review of the preliminary plat. The petitioner requests a waiver of the review of the final
plat by the Planning Commission. Due to the simple nature of the plat, staff is recommending that
the Planning Commission waive the review of this final plat.
B. Development Review Team
The Development Review Team was supportive of the request for conditional use/planned unit
development. The following comments were made on the plans:
. Traffic circulation around building - one-way or two-way - potential to eliminate stalls 18 and
19, and 63 and 64 for better movement and access for emergency vehicles
. Possibly eliminate stalls at northwest and southwest corners of parking area (24 excess stalls
shown on plan) - to increase green space
. Parking lot to be restriped
. illustrate snow storage/removal on plan
. Existing fence 10 feet inside property lli1e - provide details on new fence, possibly vinyl or
chain link with slats, and location. Fence over six feet high requires building permit
Planning Case Report Page 6 3/31/2006
. Landscaping - identify species of existing trees and be sure landscaping plan and schedule
match
. Possibly provide over-story trees on west side of building for additional screening
. Front hedge plantings should be four feet on center
. Check sight lines on islands where lilacs are located
. Provide more detail on lighting fixtures mounted on building exterior and height of fixtures
. Provide photometric readings at property line on west side
. Provide pole lights in each of the four comers of parking lot
. Eliminate dumpster enclosure on west side on lighting plan and provide details for enclosure(s)
- either one large for entire building or for individual tenant spaces
. Show restroom facility space for each tenant bay
. Signage - two monument signs shown are appropriate - wall signage shown complies
. Provide signage details for traffic circulation (directional signs)
. Provide details on building address and suite numbering for tenant spaces
. Water meter for each tenant space
. Pay storm water fee (to be determined by city engineer)
. Identify wall construction materials for interior corridor
8: All tenant remodels to include inherent deficiencies in construction and must be corrected
. Verify sprinkler system is monitored (see additional West Metro Fire comments)
. All businesses moving into building should contact West Metro Fire regarding fire suppression
systems
. Tenants must register alarm systems with New Hope Police Department
. Park dedication fee - 3.13 acres x $2,500 = $7,825
C. Design and Review Committee
The Design and Review Committee met with the petitioner on March 16 and was also supportive of
the proposal and discussed many of the same issues reviewed by the Development Review Team.
The Design and Review Committee also suggested that any new roof-top nnits should be screened
to minimize the visual impact on adjacent properties.
D. Plan Description
1. Zoning
The current zon:ing is I, Industrial. The PUD/CUP designation will allow for multiple building
owners on a single lot, and a slight reduction in required open/green space. Aside from these
details, the development should meet the conditions of an industrial zone as provided by the
Zoning Ordinance.
2. Access and Traffic Circulation
The site is accessed from existing curb cuts on the north and south end of the eastern property line.
The circulation pattern appears functional for most vehicular traffic through the site. The developer
added signage to revised plans to help prevent conflicts with parking and traffic. The developer
indicates one-way traffic flow :in the lane east of the building, and two-way traffic flow west of the
building. A 'Do Not Enter' sign should be posted at the nortl1 end of this driveway to preve11t
wrong-way traffic. Truck turning radii show truck circulation. The circulation patterns have been
revie\,\Ted by the Fire Deparhnent to ensure access by emergency vehicles is provided. It was
discussed with tl1e applicant that a 20-foot fire lane is required around the building and that the
Planning Case Report Page 7 3/31/2006
pavement may need to be extended west to provide adequate width or the existing electric
transformer must be relocated. However, the revised site plan shows an electric transformer that
reduces the driving lane to 15 feet. Staff recommends that a 20-foot lane is required as a condition
of approvaL In addition, "No Parldng" signs should be added to the bump-outs on the northbound
east driveway. Other additional sign age may be required, per direction of the building official.
3. Curbing/Sidewalks
The existing parking lot does not have curbing and the parldng lot continues across the northern
property line providing for shared access with the parking lot of the industrial property to the
north. The applicant is proposing to install curbing along the eastern edge of the parking lot and in
the northvvest and southwest comers of the property. As proposed, the southern edge of the
parking lot will remain without curbs, the parking lot will continue to connect with the property to
the north, and a fence will be installed on the western edge of the parking lot.
The applicant is not proposing any additional sidewalks. Currently a six-foot wide sidewalk nms
along a portion of the front of the building.
4. Parking
The city Zoning Ordinance mdicates that there shall be no off-street parldng withffi three feet of
any property line. The existing conditions do not comply with this ordinance requirement, as the
parking lot surface extends to both the north and south property lines. The applicant is not
proposing any change to the current condition.
The city code requires one accessible parking stall per 25 parking spaces. A total of four accessible
spaces are provided, which is appropriate for the 96 parking spaces on site. Parking spaces
northeast and southeast of the building could be removed from the plan to ease circulation
constraints on the site. The Plannillg Commission should comment on any impacts these parking
spaces may have on the circulation pattern.
Parldng requirements were calculated based on anticipated tenant use of the building. At the time
of building permit application for tenant improvements, actual parldng requirements will be
determined and uses may be restricted if adequate parking cannot be provided.
Parkin Re uirements:
Uses (approximate) Square Feet
Office 10,540
Manufacturin a 15,810
Warehouse 26,350
Total 52,700
5. Landscaping
The site does not comply with the city's green space requirements, which indicate that 20 percent of
industrial properties be green space. The petitioner is not significantly changing the amount of
existing green space: a small amount of green spa-ce will be removed along the eastern portion of
the property to accommodate additional parldng, and a small amount of green space will be added
on the northwest and southwest comers of the site. The applicant is also proposing to increase the
landscap:ing on the site with the following:
Planning Case Report Page 8 3/31/2006
Quantity
2
54 to street
46
The existing trees along the eastern property line will be maintained and the applicant will install a
retaining wall and shrub hedge for screening to the street. Per the planning consultant's request,
the spacing of the hedge row has been adjusted to match the mature size of the chosen species.
Despite the existing use falling below the city's minimum requirement for 20 percent green space,
the landscape plan is generally acceptable, with the exception of the following issues to be
addressed:
. The species of trees on the west property line shall be identified. The applicant's revised
narrative indicates the tree species have been identified on landscape plans, but the species
are not labeled on the plans.
. Staff and the Design and Review Committee recommended that the applicant install
additional over-story trees on the west side of the building to provide additional screening.
The applicant indicated that given the proposed six-foot high fence, the blank block vvall,
and the limited amount of space on the west side of the buildmg, they do not propose to
install additional over-story trees. Snow storage is another possible limiting factor. The
Planning Commission should evaluate the landscape plan and photos of the existing
building to determine whether additional trees are necessary in this area.
. Demonstrate that landscaping islands do not interfere with vehicle sightlines.
6. Roof Screening
Staff and the Design and Re\Tie\.'v Committee suggested that any nevv roof-top rmits should be
required to be screened to minimize the visual impact on adjacent properties. Staff recommends
that a condition of approval include that the Condominium Association documents require new
roof-top units to be screened in accordance with the standards provided by city ordinance.
7. Fence
The western property fence is scheduled for replacement. The applicant submitted revised plans
that indicate the fence will be a six-foot chain link fence with white slats. Staff believes that this
fence type is appropriate for the site; however, staff originally suggested that the fence be eight feet
in height. If the fence is only six-feet in height, the Pla.nnlng Commission may want to consider
requiring additional landscaping near the property line to provide adequate screening (see
landscaping above).
8. Lighting
The lighting plan indicates that 15 light fixtures will be mounted on the existing building at a l1eight
of 18 feet on the north, west, and SOUtl1 sides of the building, and 13 feet on the east, or front, of the
building.
A revised lighting plan shovvs light levels at the ,vest property line. A total of 0.4 or less foot
candles are allowed at the property line by city ordinance, but in some locations the light exceeds
this level. While a slatted fence will limit light trespass, the Planning Commission may require
additional screening in these areas as a conditio11 of approval.
Planning Case Report Page 9 3/31/2006
In response to a request by the New Hope Police Department, the applicant provided additional
pole-mounted parking lot lighting. The applicant added pole-mounted light fixtures on the
northeast and southeast comers of the parking lot. The height of pole-mounted fixture~ is 22 feet.
Parking lot lighting is also planned to be provided by Xcel Energy lights on the west side of the
property. Locations and photometric readings for the Xcellights were not identified on the plan.
Staff recommends that review of the lighting levels be approved by the building official as a
condition of approval.
9.Signage
The developer's request for two freestanding monument signs was determined to be acceptable to
staff, provided the signs correspond to the condo owners on each side of the building (north and
south). The applicant is proposing to reuse the existing brick sign bases at the north and south
entrances and install new two-sided rectangular sign cabinets. The proposed sizes of the monument
signs are acceptable to staff at 56 square feet each.
The city's Sign Ordinance allows multiple-occupancy buildings to submit a comprehensive sign
plan that exceeds the single-occupancy signage limit for an industrial building. Up to 15 percent of
the wall area may be used for identification signage (one per owner), so long as no individual sign
exceeds 100 square feet and exterior entrances to the unit are present. As part of the comprehensive
sign plan for the site, the applicant requests six individual wall signs of up to 75 square feet in area
to identify each business on the site. These signs will be permitted individually by unit o"\vners. One
wall sign will be allowed for each unit owner. In the case of combined units, only one sign will be
allowed for business identification purposes.
Individual exterior doors and interior corridor doors shall be addressed with the unit number.
Separate suite numbers shall be used for each condo and will be visible at both the interior and
exterior entrances to each condo unit. In revised plans, the applicant indicated this numbering
method will be used.
10. Snow Storage
The paved surface of the three-acre site generates substantial snow storage demand. The site plan
indicates that snow storage will occur along the western property line. The snow storage location
indicated on the site survey is in conflict with the site plan and is not acceptable.
The applicant submitted revised plans that state "it is understood tl1at to the extent the storage
capacity on site is insufficient, the snow would be hauled away by a third-party vendor" at tl1e cost
of the property ovvner association. Association documents should be updated to include this
provision. Snow storage must not occupy required parking stalls or interfere with truck circulation
patterns on site.
11. Trash Handling
The developer identifies areas for trash storage to occur, but does not propose to build the storage
locations concurrent with other building improv~ments and re-platting. City Code requires that
trash handling equipment such as dumpsters be screened from use, or kept :inside a building. The
applicant submitted revised plans that establish a design for the dumpster storage area. The
e11closures will match the building color and material. The applicant does not propose to build
these enclosures, and proposes that individual owners may wish to handle trash within the
Planning Case Report Page 10 3/31/2006
building, or will provide the enclosures at their own expense, following the design indicated on
revised plans.
The Planning Commission should discuss whether to allow per-unit construction of trash handling
facilities. Advantages of allowing trash handling at the unit-level include flexibility for uses that do
not produce heavy trash volumes and can handle trash internally, or owners who purchase and
combine units. Appropriate design measures are in place to provide for consistency between
enclosures and location for such construction. Advantages of mandating construction of trash
enclosures with the building approval include ensured consistent visual appearance of trash
enclosures, and established locations for trash handling facilities and equipment.
Whether the city mandates construction now or provides flexibility to individual unit owners, trash
handling plans must be approved by the building official prior to issuance of a certificate of
occupancy for each unit.
12. Floor Plans
The petitioner does not propose any major changes to the building. A common corridor running
east and west along the full length of the building will provide a second ingress and egress to all
condominium units. Individual suite numbers shall be identified on interior corridor doors and
building entrances. The applicant confirmed that these requirements will be followed in a revised
plan narrative.
Alarms must be registered with the Police Department and individual owners (not the association)
shall be billed for any alarm calls from the Police Department or other emergency service fees.
Per the revised plan, all tenant build out work will be permitted separately to meet the building
code. Each tenant space will include toilet facilities. The location and plumbing fixture count ''\Till be
determined at the time of tenant build out. As requested by Public Warks Department, water
metering should be provided for each tenant space.
13. Overhead Utilities
Utilities extend along the western property line, but there are no overhead utilities servicing the
building. A standard requirement of a PUD is that all utilities shall be installed underground. In the
case of an existing building, past practice has been to require that utilities servicing a building are
buried as a condition of approval of a PUD. The city generally has not required that the utilities
along the perimeter of a property be buried.
E. Planning Considerations
Comments from the city planner have been incorporated into this report.
F. Building Considerations
The building official's comments are incorporated into this report. If the plan is approved,
improvements and future tenant buildouts will be subject to the approval of the building official.
G. Legal Considerations
Park Dedication Fees
During review of this planning case, there were some questions as to whether or not the city l1as the
ability to assess park dedication fees against the project at 4301 Quebec. The city attorney has
written a letter indicating that, in his opinion, the park dedication fees apply when properties are
Planning Case Report Page 11 3/31/2006
replatted and the redevelopment intensifies the use of the property. In his letter, the city attorney
stated that the intensified use is connected to the park dedication fees charged. While the petitioner
is replatting the property, he does not agree that his project intensifies the use of the site. In the
attached letter, the petitioner describes his request that park dedication fees not be applied to his
project. It should be noted that other properties in New Hope have been re-platted without
incurring a park dedication fee; however, plat status is not the lone determinant of whether a fee
should apply. Staff recommends that the park dedication fees are applied, per the recommendation
of the city attorney.
H. Engineermg Considerations
Comments from the engineer have been incorporated into this report.
I. Police Considerations
Comments from the Police Department have been incorporated into this report.
J. Fire Considerations
West Metro Fire was involved in the review of these plans and comments have been incorporated
into this report. A minimum of 20-foot fire lanes are required around the entire building. The
revised site plan does not provide a 20-foot fire lane on the west side of the building, which is a
recommended condition of approval. Additional requirements related to the fire code are described
in the attached letter provided from West Metro Fire dated March 14, 2006.
VIII. Summary
Staff feels the change in use and ownership structure of the property is appropriate for the site. The
petitioner is proposing to make several improvements to the property including: chip sealing and
striping the parking lot, expanding the parking at the east entrance for accessibility, replacing dock
doors on the south side for rmiformity, installing additional landscaping, improving the lighting,
eliminating parking on west side of building for improved circulation, and replacing the fence on the
western property line.
IX. Recommendation
Staff recommends approval of the PUD/CUP subject to the following conditions:
1. Applicant to enter into a PUD development agreement with the city, to be prepared by the city
attorney.
2. Applicant to provide financial guarantee/performance bond for site improvements (amount to be
determined by city engineer and buiIdh1g official).
3. Approval of plans by building officiaL
4. Comply Wit11 city engineer recommendations (March 29 and 30, 2006 memos), including payment
of a storm water fee in the amount of $16,162.20, in-lieu of on-site storm water ponding.
5. Comply with city attorney recommendations related to the plat (March 30, 2006 correspondence).
6. Approval of plans by West Metro Fire-Rescue District and comply with recommendations,
including those provided in the March 14, 2006, letter from West Metro Fire.
7. Planning Commission to agree to waive its review of the final plat.
8. Comply witl1 plarming consultant and staff recommendations including:
a. Site circulation signage improvements shall be installed, including "No Parking," liDo Not
Enter," and other signage as required by the building official.
Planning Case Report Page 12 3/31/2006
b. Snow storage shall not occupy required parking stalls, and will be limited to the west
property line of the site.
c. Condominium Association documents shall describe a need to hire snow removal firms as
needed when indicated snow storage is overwhelmed.
d. Lighting design on the west property line shall be revised to provide compliance with light
trespass regulations (0.4 foot-candles at the property line).
e. Location and photometric readings shall be provided for Xcellights on western side of
property. Applicant shall verify lighting levels on the northwest and southwest portions of
the parking lot.
f. Applicant shall complete all building improvements as described in application materials.
g. Condominium Association documents shall be revised to explicitly state that any
emergency/police alarm charges will be the responsibility of individual ovvners and must be
registered with the city.
h. Condominium Association documents shall require new roof-top units to be screened in
accordance with the standards provided by city ordinance.
i. Trash handling plans must be submitted to and approved by the building official for each
unit, prior to issuance of a Certificate of Occupancy.
J · Fence detail stall be reviewed and approved by city staff.
k. Species of trees on west property line shall be identified.
L Applicant shall demonstrate that landscaping islands are not interfering with vehicle
sightlines.
m. Applicant shall increase the driving lane on west side of building to provide a minimum of
20-foot fire lane around the entire building.
The Plannillg Commission and City Council shall determine whether to establish additional conditions
for approval, includmg:
1. The applicant shall pay a park dedication fee in the amount of $7,825 at tlle time of building
permit application.
2. Trees shall be added to the west edge of the property to provide additional screening of the
industrial use, particularly in existing /I gaps" in tree cover.
3. Trash handling areas shall be constructed by the developer in conjunction with the
development and re-platting of the property. Trash storage shall be constructed as indicated on
revised development plans.
Attachments:
. Address/Zoning/ Aerial Maps
. 3/10/06 Petitioner correspondence
. Information about spri11kler system
. 3/24/06 Petitioner correspondence
. Revised plans and information about lighting
0 Site survey
0 ele plat
0 Site plan
0 Site details
0 Trash enclosure details
Planning Case Report Page 13 3/31/2006
~ .. ~
0 Landscape plan, and landscape Detail ~ -
0 Lighting plan, luminary schedule, and lighting details
0 Floor plan
0 Exterior photos
0 Ground sign details
. Condominium Association draft documents
. Planner's report
. Memos from city engineer regarding storm water fee and plat (March 29 and 30, 2006)
. Letter from city attorney regarding plat (March 30, 2006)
. Letter from city attorney regarding park dedication fee (March 22, 2006)
. City ordinance requirement related to park dedication fees
. 3/23/06 Petitioner correspondence regarding park dedication fee
. Letter from West Metro Fire (March 14, 2006)
. Application Log
Planning Case Report Page 14 3/31/2006
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Aoolication to Plannine Commission and Citv Council
Application Date: March 10, 2006
Property: 4301 Quebec Avenue North, New Hope
Request: Plarmed Unit Development to subdivide into six industrial
condominiums
Why should it be granted? (continued from page 1):
We respectfully request the property be rezoned as a Planned Unit Development to allow
the flexibility for the property to be subdivided into six industrial condominium units.
The Planned Unit Development would acknowledge the existing conditions for lot
coverage, parking set backs and curbing. We believe the PUD will attract smaller
industrial users who wish to own their space thus adding more stability to the property.
This should result also in an increased tax base based upon the higher value created for
smaller owned spaces.
Background: The property was redeemed by New Hope One, LLC in June of 2005 as part
of a foreclosure proceeding. The property had fallen into disrepair as the prior owner
defaulted on it's mortgage.
The property consists of a single building of 50,366 square foot building located on
approximately 3.0 acres of land.
The interior of the building is separated into six main areas, eacll with its own entrance,
dock door, electrical and gas service. A new common service corridor would be
constructed through the center of the building from East to West. This corridor will
allow for handicap accessibility to all units along with enhallced exiting.
To date the improvements made to the property include:
Repairing the exterior block
Painting the exterior
Cleanillg up the grounds/landscaping
DelTIolition of old office space in warehouse
Painting the interior warehouse
Repair of lights
Mechanical repairs and replacement
The new exterior improvements we intend to make to the property include:
Chip seal and striping of asphalt
Expanded parking at the East entrance for easy handicap accessibility
Replace docle doors on tIle South side for uniformity
Landscaping upgrades per the plan
Improved wall mounted lighting on the exterior of the building
Eliminate parking on the west side of building for better circulation
Signage-
As part of the PUD, we are requesting an allowance for 2 ground mounted signs of not
more than 75 square feet each. The property had two signs located on the boulevard, the
bases of which still exist We intend to use these bases as they match the existing
materials from the building. Currently they are located at either end of the property
which gives proper directional signage to guests/visitors.
Weare also requesting wall signage for each unit be permitted to allow for a total of 6
signs not exceeding 75 square feet each (300 SF total). The wall mounted signage will
help direct visitors to the individual suites as shown on the elevations to the building.
PHILLIPS Architects & Contractors, Ltd.
New Hope One Prepared by:
4301 Quebec PHILLIPS Arcnitects & Contractors, Inc.
New Hopet MN 227 Colf~ AV-;1rth. Suite 100
2000 International Building Code Minneapolis, M~ / [5
Type Of Construction 2B
Existing one story with mezzanines ~ --, Reg. # 17387
v
Full Fire Sprinkler David A. Fhillips, Architect
Actual SF
tv1ain Level 50366 10-Mar-06
Mezzanines 4050
Building is caculated as NonSeperated per 302.3.2
Table 503 Frontage Increase for
Occupancies Basic Area lnr:rease (1) Fire Sprinkler(2: Fire Sprinkler Allowable SF
Buisness B 23000 23000 300% 69000 115000
Moderate Factory F-1 15500 15500 30010 46500 77500
Low factory F-2 23000 17500 30010 69000 109500
Storage 5-1 17500 17500 300% 52500 87500
Low Storage 5-2 26000 17500 300% 78000 121500
Mercantile tv1 12500 12500 300% 37500 62500
Mercantile is the most restrictive. The building of 54416 so~uare feet including the rl1ezzanines can be NonSepreated based on the E
All or the above uses may be found in the unseperated building.
Accessibility
Building is fully accessible at grade level.
Toilet facilities to be by individual owners on separate permits if changes are required.
(1) Percentage increase is based on more than 30t at all sides.
(2) Per 506.3t 300"/0 percent for 1 story buildings.
227 Colfax Avenue No., Suite 100, Minneapolis, MN 55405 Ph (612) 377 -3333 Fax (612) 377 -7337
P ac@phillipsarchitects. co m
New Hope One, LLC
Response to Desie:n & Review Committee Comments
Application Date: March 24, 2006
Project: Conditional use/planned unit development
Zoning: 4301 Quebec Avenue North, New Hope
Property Owner: Planned Unit Development to subdivide into six industrial
condominiums
The following represents New Hope One, LLC's response to the comments made by the
Design & Review Committee during our meeting on March 16, 2006. For simplicity we
ha~le addressed the points in the order they were raised in the memo dated March 16th.
. As discussed, the east side of the plan has been reworked to increase the width of
the drive isle resulting in a loss of parking stalls. The total parking area as shown
on the plans is less than 100 thus requiring 4 handicap stalls shown on the plan.
e The site circulation is intended to provide for two-way on the West side of the
property and one-way traffic on the East. See plan for the revised parking
configuration.
. As requested, the parking lot will be re-striped pursuant to the parking plan.
e As requested the snow storage/removal has been added to the plan. It is
understood that to the extent the storage capacity on site is insufficient, the snow
would be hauled away by a third party vendor.
. The fence on the West side will be a six foot high chain link fence with slats.
. As requested, the species of existillg trees have been idelltified on the landscape
plan.
e Given the six foot height of the new fence, the blank block wall and the limited
amount of room on the west side, we have not included over-story trees.
. As requested, the front hedge on the east side of the property has adjusted to allow
for plantings four feet on center.
. As requested, the lighting detail and photometric readings have been added to the
plan.
e Two light poles have been added to the east side comers of the property. Lighting
on the west side comers will be provided on the existing electric poles via the
Xcel Energy Automatic Light Service. See attached summary from Xcel Energy.
. As requested, the dumpster has been eliminated on the lighting plan. I11dividual
owners will have their choice of either keeping their trash indoors or consnucting
the enclosures as detailed on the plan.
. As requested, restrooms have been shown- for each bay. Actual location and
fixture count will be determined by each individual owner.
. As requested, directional signage \vilI be added to the east side as detailed on the
plans.
. As requested, each suite will be identified (numbered) in accordance with the
plan.
. As requested, water meters will be provided for in each unit. The water meter for
Unit B shall be installed at the time it is subdivided from Unit A.
. Storm water fee - As discussed with and agreed to by Vince Vander Top, a Storm
Water Fee shall be paid in accordance with the following calculation:
0 Total Site Area 131,177 SF- Net of street, Utility easement
0 Less Building Footprint 50~366 SF
80,811 SF
Pond Cost $0.20 $/SF
Storm Water Fee $16,162.20
. Wall construction materials will consist of concrete block and/or drywalL Per the
architects calculations contained in the application, the building can be treated as
non separated. To the extent a prospective unit owner requires greater separation,
this will be required as a condition of the building permit.
. As requested, deficiencies in construction, if any, shall be corrected at the time of
remodeling.
. The building sprinkler system is currently being monitored by ADT.
. Park Dedication Fee. We object to the assessment of the park dedication fee as
outlined in our attached memo.
. Screening of rooftops. As we discussed in our meeting, we expect that due to the
age and the cost of operation, several of the existing makeup air units on the roof
will be replaced with internal hanging units. However the determination to replace
the units will be made by each individual unit owner. No screening of the
existing units will be required but any new units may be required to be screened at
tile time of construction.
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PARKING REQUIREMENTS
88 STANDARD SURFACE PARKING Sf ACES
4 GARAGE Sf ACES
4 ACCESSIBLE Sf ACES
I 96 TOT AL PARKING Sf ACES PROVIDED
6 TRUCK DOCKS
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88 PARKING Sf ACES REQUIRED BY CiTY
J SITE NOTES
1. SITE PLAN BASED ON SURVEY BY HARRY s. JOHNSON
COMPANY. DATED FEBRUARY 20, 2006.
B612
:. CURB 2. THERE ARE NO CHANGES PROPOSED A r THE NORTH
JT AR I AND SOUTH SIDES OF THE.P ARKING LOT. EXISTING
SETBACKS AND NO CURB REMAIN.
3. NORTHWEST AND SOUTHWEST CORNERS OF PARKING
LOT TO HAVE SMALL AMOUNT OF PAVEMENT REMOVAL AND
NEW CONCRETE CURBING ADDED.
lIG:AGE 4. NEW PARKING AS SHOWN ALONG EAST SIDE OF
PROPERTY INCLUDED ADDITIONAL PAVEMENT, CONCRETE
CURB ING? NEW LANDSCAPE REf AINING WALL AND NEW
LANDSCAPING. ALL PARKING AREAS, NEW AND EXISTING,
SHALL BE RESTR1PED.
I 5. THESE AREAS PROVIDE SPACE FOR INDIVIDUAL
OVvNERS TO BUILD A CITY -APPROVED DUMPSTER
ENCLOSURE. MATERIALS WILL BE AS SPECIFIED IN CITY
ORDINANCE (SEE 2/ AtO). IF THE INDIVIDUAL OWNER
CHOOSES TO MAINTAIN AN INERIOR TRASH ROOM, THIS
AREA CAN PROVIDE AN ADDITIONALP ARKING SPACE FOR
THAT OWNER. THESE AREAS ARE NOT INCLUDED IN OUR
PARKING COUNT.
6. . FENCE IS RELOCATED TO WEST PROPERTY LINE TO
PROVIDE SPACE FOR SNOW STORAGE. FENCE TO BE 6'
HIGH CHAIN LINK WITH WHITE SLATS (OPAQUE).
7. DIRECTIONAL SIGNAGE TO BE PROVIDED TO INDICATE
ONE-WAY TRAFFIC ON THe: EAST SIDE OF THE BUILDING AND
TWO-WAY TRAFFIC ON THE WEsr SIDE OF THE BUILDING.
8. SIGNAGE FOR THE INDIVIDUAL SUITES VvllL BE
PROVIDED AT THE INTERIOR AND EXTERIOR ENTRANCES TO
EACH SPACE.
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PATRIOT (Various reflectors are protected by U.S. Patent No. 6A64,378.)
HOUSING ~ One-piece, die-cast aluminum in a multi-radiused, rectangular shape
with mounting arm cast in as an integral part of the housing. All hard~vare is
stainless steel or electro-zinc plated steel.
DOOR FRAME ~ The Patriofs one-piecel die-cast aluminum door franle secures
to the housing with a stainless steel hinge bracket. An integral over-center
latch allows easy tool-less access. Door frame may then be easily removed
from housing. Door is provided v'lith a catch mechanism that limits door
swing. A one-piece extruded silicone gasket seals the door frame against
the housing. The standard housing/door seal design prevents external
contaminants from entering the Patriot, resulting in an IP65 rating in all
versions. ~Flat-le,1lSSd fIXture
LENS/GASKET.. The Patriot is available with a tempered flat clear glass lens. A ~ ,. Iiii'i meet IE S N A
I i full cutoff
one-piece extruded silicone gasket seals the lens to the die-cast aluminum door ';..!'; ~; J . class ificati on.
frame.
SOCKETS - Porcelain mogul-base sockets. All sockets are factory prewired with
a disconnect plug for the ballast. All sockets are pulse-rated. ~ a=1911
LIGHT SOURCES.. Pulse-Start ~lietal Halide, Super Metal Halide, Super fVletal \ I
Halide Reduced Envelope, Metal Halidel r,,1etal Halide Reduced Envelope! or
High Pressure Sodium. Clear lamp is supplied as standard. ...-1
BALLAST... High-power factor ballast. Pulse-Start Metal Halide fixtures feature 30.2511 I
a Super CVvA ballast. Super rvletal Halide, fVl eta I Halide, and High Pressure I
Sodium fixtures feature a CWA type ballast. All ballasts are designed for -200
F operation. Optional Quick Connect package includes supply wiring plus
modular plugs for easy ballast \viring and a removable ballast tray.
19.25U
REFLECTORS/DISTRIBUTION PATTERNS - The Patriot is available with a wide
variety of reflectorsl including Type II (2): Type III (3), Type V (5), Forvvard
Throvv (FT)~ and Automotive Forward Throw (FA). All reflectors are iield-
rotatable, enabling generous flexibility in distribution patterns, \vithout fixture
movement. Photometric data is tested in accordance with IESNA guidelines.
BRACKETS.. The Patriot's integral cast mounting arm is flat for square pole [J
applications. The fixture nlay also be mounted to round poles using the ~
round pole adaptor accessory (RPPCL which must be ordered separately. An
extruded 6" arm extension is available (but not required) for 0900, 0900, T900
and TN 1200 fixture configurations. A locking nut secures two through bolts 18"
and a reinforcing plate to the pole, stabilizing it for easy fixture mounting. ~ Radius Arm Bracket
BKA..BO..RA-B
SHIELDING - External House Side Shields are available for field installation vvith VVeigl1t 7lbs. E.P .A. = 0.7
Types 2, 31 and FT distributions. Internal Louver available for field installation
with Types 3 and FT distributions on 400 \vatt and belovJ fixtures. Upsweep Bracket.. BKU-BORS..19
VVeight 151bs. E.P.A. = 0.4
FINISHES - Each fixture is finished with LSrs DuraGrip@ polyester powder coat mrri~II.~'.~ri;~l~:r~:~~~iI:~~~~~~:t_
finishing process. The DuraGrip finish withstands extreme vveather changes
without cracking or peeling~ and is guaranteed for five full years. Standard Patriot I Flat Glass
colors include bronze, black, platinum plus, buff, white; green, metallic silver, .--- ..----..,... - .,._"......"-_._--~- -.-
and graphite. ofj Single 1.5
... -1m 01800 3.0
PHOTOMETRieS - Please visit our web site at www.lsi-industries.com for ~'~_~_..__..'I____r_ ~_,_............... ___~....__~. _~~~". _~"""""""'."""""""""""""'___~_~~___rr~..__
detailed photometric data. '... D900 2.3
---------~~~-~~._~.~_. _.~ ..~._-~_.........~.......-~~._-~...~"~~~- ~"-_....._.-
.'.. T900 3.8
, TN12DO I 4.0
4"':$,
_._~ Q900 1- 4.5
~
c@us IP65 Note: External House Side Shield adds to fixture EPA.
USTED Consult factory.
wet location
~~-:II~:JI~[t-i\!11~:tr~'~rt:'ti~~1_~_~~~~
Catalog Number Est Weight (Ibs.) Length (in.) Width (in.) He ight (in.)
PTH 74 34 22 12
@ 20Q5 LSIINDUSTRIES INC.
~. Project Name I Fixture Type I
~I Catalog # I
.~ Outdoor Lighting
PATRIOT
lUMINAIRE ORDERING INFORMATION
, ., ..' ~. ... I I ' I. . .. . ... :' ,:.: ,.... ,. ! 1 I . .." ," .,:~ , ' " : .., .. '$0 ' , . ,,'. '" . .. . I .:.. , ,,', , : .'" I .' , .. . ". ......
Horizontal Burn 2-Type II 250 PSMH - P~lse-Start Metal Halide F - Flat Clear I 480 SRZ - Bronze
PTH 3-Type III 320. ~20, 750L ~'att .' Tempered! MT - Multi Tap4 BLK - Bla~k
FT- Fonvard Throw 400 Srv1~ - Super i\lietal Halide Glass I TT - TrJ-Tapo PLP- Platmum Plus
FA - Automotive 750 200 vVatt aUF - ButT
Fon.vard Throw1 SMHR - Super Metal Halide I VJHT - V/hite
5 - Type V Reduced Envelope 400 vVatt I GRN - Green
MH - Metal Halide j GPT - Graphite
250 vVatt 'I MSV - Metallic Silver
MHR - Metal Halide
Reduced Envelope 400 VVatt !
HPS - High Pressure Sodium !
250, 400 Vvatt I
MSV peR
EXAMPLE OF A TYPICAL ORDER peR - Pl1otoels"ctric Control
Receptacleo
QC - Quick Connect Package?
LL - Less Lamp
ij;IlUIHI ...
1- Available \vlth 750 PSf'iiH only 5- Tri~ Tap is shipped standard for Canadian applications. Tri~Tap consists of 120V, 277V. and
2~ 750 PSMH available in distribution types: 3,5, Fl & FA. 347\1. Tri- Tap is pre~wired tor hig!18st voltage. Alternate voliages wm require field re-wiring.
3. For international voltages consult factory. 6- Facto')' instal!~d peR r~qujres f~eld wiring .to prop,er vo!t~ge.. O,n QC :r~rsion. peR is
· pre-v/lred to hIghest vOltage. Alternate voltaaes WIll require flelo re-vllnng.
4- fviT - MUlti Tap is shipped standard unless otherwise speCified. Multi Tap consists of -. _ t .. . ~l .. t~ - .c ~ . ~ ~
120V. 208V. 240V, and 277V. Multi Tap is pre-wired for highest voltage. Alternate {~ QUIck Connt:c. opLlon lncluues rerno~abit: ballast lray dnd modubr plugs.
vo:tages will require field re-wiring.
(f~lt{ti~~'i') i\'dj I} iUJ~ ii INti IffitlJ ih1ir:'J 1Ih'~IA'~~~i-.i'J'I>t.~H;J!Wl!ilttimmlrmn2~<~~~==~===~';- ~~c:i!::~:~~,' "'~~"=-~~I~:2.:~:~ ~~
Description Order Number Description Order Number
_~PC120 - Photocell _.__..___.~ 122514 _...PTtiP1..S - PolY.Qill.QQDate S~_____ PTH~PLS
PC208 - Photocell 122515 PTH 2i3iFT HSS RM - External House Side Shield - Rear Mounted 1820098LK++
PC240 - Photocell 122516 PTH 2/3/FT HSS Siv1- External Hou_se Side Shield - Side Mounted 1820118LK++
PC277 - Photocell 122517 PTH 31FT IL -Internal Louver 213020BLK+++
PC347 - Photocell 159516 RPPC - Round Pole Plate 141940CLR
PC480 - Photocell 1225180 BKS-80-VvM~*-CLR V:Jall Mount Plate 123111 CLR
FK120 - Single Fusi~ FK120+ BKA-BO~EC~6~CLR Extension Arm 142862CLR
FK277 - Single Fusing FK277 + BKA-BO~RA-8~CLR Radius Arm 169010CLR
,___DFK208, .240 - ooubf~ Fusing_____.m.____..._Q.F..!S.~Q~_'_~.~1::_ _ BKU-BO-S-1 9-CLR UPsvv~.~1iraGk~fQr. round anq,,~q~are ~~~_,__".._____ 14~1~.1CLR "_
DFK480 ~ Double Fusing DFK480+
FK347 - Single Fusing FK347 + t Fusing must be located in the hand-hole of the pole, not in the fixture.
-~---------------------._-----.- ++Black only.
+++ Only available ",.,.ith 250-400 Watt fi>.,'tures. Black only.
Fixture sho','.'n with
Radius Arm accessory.
HOUSE SIDE SHIELDS
SIDE MOUIHED l ~. ..... .. . . \ R. EAR MOUNTED INTERNAL
(182011 BLK) (182009BLK) LOUVER
.. _ '- J (213020BLK)
I "0ii, 4:' -
i -
I 8-3/8" I
b. . . .... @2006LSIINDUSTR1ESINC.
. II Project Name 1 Fixture Type !
... ~ Catalog ~ I
Outdoor Lighting
(l Xcel EnergYSM Xcel Energy Outdoor Lighting
825 Rice Street
Saint Paul, MN 55117
OUTDOOR LIGHTING (800) 960-6235 Office
(651) 229-2260 Fax
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Northern States Power Company d/b/a Xcel Energy
Minneapolis. Minnesota 55401
MINNESOTAELECTRlC RATE BOOK. MPUC NO.2
AUTOMATIC PROTECTIVE UGHTlNG SERVICE Section No. 5
RATE CODE AD7 9th Revised Sheet No. 14
AVAILABILITY
Available to all types of customers except fOf munIcipal street lighting purposes.
RATE
Desl9nation of lamp Monthlv R~e Per Unit
Area Units
100W High Pressure Sodium $7. 16
41BW ~~i~~FY (1) -$7.36- ~~
250W High Pressure Sodium $1:t38 ~
.40.0-' 6} M (;}relirj {1) $:1-2.72 T
Directional Units
250W High Pressure Sodium $15.01 d..1 ,,(J
4QQ.\^' M9~1) ~.Q1
4QOW High Pressure Sodium $19.92
.1,.OOO't,,' rY1t;1,J.;I,JfY fl) ~
(1) Available to existing instal\atlons oniy.
INTERIM RATE ADJUSTMENT N
A 7.250/0 increase will be added to the sum of the following, as applicable: Customer Charge, Energy Charge, N
Demand Charge, Monthly Minimum Charge. Residential Low Income Energy Discount, Controlled Air CondItioning N
RidQTJ Voltage Discount Energy Charge Credit and AnnuatMinimum Demand Charge. N
ENERGY CREDllS
A merger credit of $0.000381 and property tax credit of $0.000507 shall be applied per kWh.
SERVICE INCLUDED IN RATE
Company shall own. operate, and maintain the lighting unit includIng the fixture, lamp, ballast, photoelectric
control, mounting bracketsf and all necessary wiring. Company shaH furtt(sh all electrlc energy required for
operation of the unit.
FUEL CLAUSE
Bills are subject to the adjustments provided for In the Fuel Clause Rider.
(Continued on Sheet No. 5-15)
Date Filed: 11..02..05 By: Kent T" Larson Effective Date: 01..01-06
Vice President of JurlsdlotIonal Ret~tions
Docket No. EOO2/GR05-1428 Order Date: 12-30-05
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~.~;...,( . Northern States Power Company d/b/a Xcel Energy
M1nl"!eapolis, Minnesota 55401
MINNESOTA ELECTRIC AAlE BOOK- MPUC NO.2
AllTOMA TIC PROTECTIVE UGHTlNG SERVlCS Section No. 5
(Continued) 2nd Revised Sheet No, 15
RA. TE coee A07
RESOURCE ADJUSTMENT L
Bills are subject to the adjustments provided for in the Conservation Improvement Program Adjustment L
Rider, the Environmental Improvement Rlder, the S~ate Energy Policy Rate Riderl the Rene\vabJe L
Development Rider and the Renewable Cost Recovery Rider. L
SURCHARGE L
tn certain communities. bills are subject to surcharges provided for in a Surcharge Rider. L
LATE PAYMEtrr CHARGE
Any unpaid balance over $10.00 Is subject to a 1.5%t late payment charge or $1.00, whichever Is greater, after
the date due. The charge may b~ assessed as provIded for in the General Rules and Regulations,
Section 3.5.
TERM OF AGREEMENT
Agreement shall be for a term of three years. If not then terminated by at least 30 days' written notice by either
party) the agreement shall continue untit so terminated.
TERMS AND CONDlnoNS OF SERVICE
1. Service available sUbjeot to the provisions for Automatic Protective Lighting Service of the General Rules
and Regulations, Section 5.4.
2. The lamp shall be Ughted and extinguished by a photoelectric control furnished by the Company. The
hours of burning sh~1l be from approximate'y one..h~tf hour after sunset until one...half hour before
sunrise, every night.
3. If illuminatIon of a lamp is interrupted and said illumination is not resumed within 72 hours from the
time Company receives notice thereof from customerl one-thirtieth of the monthly compensanon for
such unit shall be deducted for each night of non...illumlnation after such notice 15 received.
4. Company reseNes the right to discontinue service if equipment is abused.
5. Company will convert mercury vapor lighting units to high pressure sodium upon failure of the mercury
veporballast.
Date Filed: 11-02-05 By: Kent T. Larson Effective Date: 01-01-06
Vice President of Jurisdictional Relations
Docket No. EOO2/GR05-142B Order Date: 12-30-05
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U'~ ~ NEIf/ HOPE. MII'lNESOT A
t 8'-411 t
COMPANY NAME #1
COMPANY NAME #2 ~
,
~
NEW 2-5IDED SIGN CABINET COMPANY NAME #3
FOR TENANT SIGNAGE
EXISTING BRICK SIGN BASE
(1 AT NORTH DRIVEWAY & 1 -
AT SOUTH DRIVEWAY)
SIGN ELEV A TION
THERE ARE TWO SIGNS LIKE THIS
SIGN AND EXTERIOR NOTES: -
1. NO CHANGES PROPOSED TO EXISTING EXTERIOR MATERIALS
2. ONE GROUND-MOUNTED SIGN IS PROPOSED AT EACH DRIVEWAY TO
IDENTIFY THE SIX GIG OWNERSHIP-PROPERTIES. THE CITY CODE
ALLOWS ONE SIGN OF UP TO 100 S.F ~ THIS_ PROJECT WIL~ HAVE TWO
SIGNS OF 56 S.F. -EACH.
3~ THE BUILDING WILL HAVE SIX GIC OWNERSHIP UNITS. ONE WALL SIGN
PER UNIT IS REQUESTED, NOT TO EXCEED 75 6.F. EACH. THERE IS A
TOT AL OF SIX WALL SIGNQ IN LIEU OF THE TWO ALLOWED BY CITY CODE.
4. IF TRASH ENCLOSURES ARE CONSTRUCTED BY-THE INDIVIDUAL
OWl\lERS, THEY MUST BE OF APPROVED MA TERIALS. THE INDIVIDUAL
OWl\lERS WILL BE REQUiRED TO APPL Y FOR PERMITS AND A TT AlN CITY
APPROVAL
5. EXTERIOR SUITE ENTRANCES WILL INCLUDE SIGNAGE FOR SUITE
NUMBE~S.
New Hope One Industrial Center ASSOCIATION
ARTICLE I
NAME AND LOCATION
The name of this corporation is New Hope One Industrial Center Association"
hereinafter referred to as the "Association." The principal office of the Association shall be
located at or at such other place within the State of
Minnesota as Inay be designed by the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. "Articles" shal11uean and refer to the Articles of Incorporation of the
Association.
Section 2. "Association" shall mean and refer to New Hope One 111dustrial Cellter
Association, a Minnesota non-profit corporation, its successors atld assigns.
Seetio11 3. "Colmnon Area" shalllnean and refer to all real property oWl1ed by the
Associatioll for the COlnlnon use and enjoytnent of the O\vners and such other persons to WhOlTI
the Owners may delegate this right pursua11t to the Declaration and to all ilnprovemel1ts located
thereon illld oWlled or othervvise held by the Association for the COInInOll use and enjoyment of
said persons. The COffilllon Area owned or to be owned by the Associatio!l is desclibed in the
Declaration.
SeetiO!l 4. "Colnll1Ul1ity" shalllnean and re.fer to
COlTIlTIOn Interest COlnmUllity.
Section 5. "Declarant" shalllnean and refer to New Hope One, LLC a Milll1esota
Lilnited Liability COInpany.
Section 6. "Declaration" shalllneall and refer to the Declaratioll of Covellants,
C011ditiol1S and Restrictions applicable to the Subject Property recorded in the Office of the
County Recorder within and for Hennepin COUllty, Milmesota, on
,20_ as Doculnellt No._
Section 7. Reserved
105605 1
Section 8. "Governing Documents" shall mean and refer to the Declaration, the
Articles and these By-Laws.
Section 9. "Member" shall mean and refer to all Owners who are Melnbers of the
Association as provided in the Declaration.
Section 10. "Owner" shall mean and refer to the recorded owner or contract vendee,
whether one or more persons or entities, of a fee silnple title to any Unit situated upon the
Subject Property, but excluding contract vendors, unless the contract provides othernrise, and
others having such interest merely as security for the performance of an obligation.
Section 11. "Subject Property" shall Inean and refer to that certain real property
described as the Subject Property in the Declaration and shall also include any portion of the
Additional Property as may hereafter be added to the condominium pursuant to the Declaration.
Section 12. "Unit" means a part of the Subject Property, other than the COlTIffiOn
Elements, including one or more rOOlTIS or enclosed spaces, occupying all or part of one or more
floors of the Building, designed and intended for separate ownership, and use, as described in
Section 2 and shown on the Plat
ARTICLE III
l\1EETING OF MEMBERS
Section 1. AlU1ual Meetings. T'he first alulual meeting of the Members shall be held
within one (1) year from the date of ill corporation of the Associatioll, and each subsequent
regular annuallueeting of the Melnbers shall be held on the date selected by the Board of
Directors thereafter, at the hour of 7 :00 p.lli. If the day of all atmuallneeting is a legal holiday,
the meeting shall be held at the saIne hour on the first day following which is not a legal holiday.
At each annual meeting, there shall be, at a Ininilllull1, (i) an electioll of successor directors for
those directors whose tenus have expired, (ii) a report 011 the activities and financial conditioll of
the Association, and (iii) consideration of alld action on allY other Inatters included in the 110tice
of Ineetillg.
Section 2. Special Meetings. Speciallneetings of the Members lnay be called at any
tiIne by the President or by the Board of Directors and lnust be called by the President ill any
event upon receipt of a written request for a speciallneetillg signed by twenty-five percent (25%)
of the Class A Melnbers entitled to vote or UpOl1 written request of any of the first mortgagees
holding lnortgages on the Subject Property.
Section 3. Notices. Notice of alllneetings of the Melnbers, stating the date, tilne,
place cOlnplete agenda thereof, and the procedure for appoilltmellt of proxies, shall be giveIl by
the President or Secretary ul1less waived in \vriting. Such notice shall be in writing and shall be
delivered by hand or sellt by prepaid Ullited States 111ail to each Melnber at the Melnber's
address as it appears on the books of the Association. Notice shall be Inailed not less thal1
twenty-one (21) days nor more thal1 thirty (30) days ill advallce of the arulualllleetil1g, and not
less than seven (7) days nor lTIOre than thirty (30) days in ad\Tance of any speciallneeting. Proof
105605 2
of such mailing shall be given by the affidavit of the person giving the notice. The notice of the
Ineeting may be waived before or after such Ineeting.
Section 4. Quorum. The presence at the meeting of Members, either in person or by
proxy, entitled to cast two-thirds 60 percent (60%) of the votes of each class of membership shall
constitute a quorum for any action except as otherwise provided in the Governing Documents.
If, however, such quorum shall not be present or represented at any meeting, the Members
entitled to \Tote at the meeting shall have power to adjourn the meeting froIn time to time,
\vithout notice other than a1U10uncelnent at the meeting, until a qUOruITI as aforesaid shall be
present or be represented.
Section 5. Proxies. At all meetings of the Members, each Member may vote, in
person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy
shall be revocable and shall autolnatically cease upon conveyance by the Member of his or her
Lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. First Board of Directors. Said first Directors shall serve until the first
annuaIlneeting of the Members or until their successors have been duly elected and qualified.
At the first annual Ineeting, the Melnbers shall elect the Directors, each for a tenn of one (1) year
and until their successors have been duly' elected and have qualified. At each annuallneeting
thereafter the Melnbers shall elect any ne\v Inembers to the Board of Directors for a tenn of one
( 1) year.
Section 2. NUlnber of Qualifications of Directors. The initial Board of Directors
shall COl1sist of three natural persons. The second Board of Directors aI1d all successive Boards
shall consist of three, five or Se\'el11nelnbers, as detenl1ined by the Board of Directors, all of
WhOlll are holders of an interest in at least one of the Lots, or, ill the case of the Declarant, a
representati \'e of the Declarant.
Section 3. Nomil1ation of Directors. NOlninatioll for election to the Board of
Directors shall be luade by a NOlninatillg COlTIlnittee. NOlninatiolls lnay also be made frolll the
floor at the anlluallneeting (or a speciallneeting called for the election of Directors). The
NOlnil1ating COlnmittee shall consist of a Chairperson, who shall be a Inelnber of the Board of
Directors, and two or lTIOre Men1bers of the Association. The NOlninating COlnlnittee shall be
appointed by the Board of Directors plior to each anl1uallneetil1g of the Melubers, to serve froIn
the close of such al111uallneetil1g until the close of the next arulual meeting and such appointnlent
shall be announced at each annual1neeting. The NOlninatillg COlTIlnittee shalllnake as lnany
nOl11inations for electiol1 to the Board of Directors as it shall in its discretioll deterlnille, but not
less than the nUlllber ofvacallcies that are to be filled. Such nOlninations lnay be Inade fraIn
alnong Me111bers or nOll-Melnbers.
Section 4. Electioll. Election to the Board of Directors shall be by secret writtel1
ballot. At such election, the Melnbers or tlleir proxies Inay cast, with respect to each \'aCaI1CY, as
105605 .,
J
many votes as they are entitled to exercise under the provisions of the Declaration. The persons
receiving the largest nUlnber of votes shall be elected. Cumulative voting is not pennitted.
Section 5. Term. The term of each Director, other than the first Directors and the
Directors elected at the First Special Election and the Second Special Election (as defined in the
Articles), shall extend to the next annual meeting of the Members after the annual meeting at
which the Director was elected and until the Director's successor has been duly elected and has
qualified.
Section 6. Removal. Any Director may be removed from the Board, with or without
cause, by a majority vote of the Members of the Association. In the event of death, resignation
or removal of a Director, his successor shall be selected by the remaining members of the Board
and shall serve for the unexpired term of his predecessor.
Section 7. Compensation. No Director shall receive cOlnpensation for any service
rendered to the Association. However, any Director Inay be reimbursed for actual expenses
incuITed in the performance of his or her duties.
Section 8. Action Taken Without a Meeting. The Directors shall have the right to
take any action in the absence of a meeting \vhich they could take at a lneeting by obtaining the
written approval of all the Directors. Any action so approved shall have the saIne effect as
though taken by a meeting of the Directors.
ARTICLE V
MEETINGS OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of Directors Inay be
held at such tilne and place as shall be determined, froln time to time by a majority of the
Directors. Notice of regular meetings shall be given to each Directors, persol1ally or by mail,
telephone or telegraph, at least three (3) days Plior to the day designated for such meetillg u111ess
such notice is waived.
Section 2. Special Meetillgs. Special meetings of the Directors may be called by the
President and IllUSt be called by the Secretary at the written request of one (1) Director. Not less
than three (3) days' notice of such special TI1eeting shall be givel1 persollally or by Inail,
telepholle or telegraph, which notice shall state the tilne, place and purpose of such Ineeting.
Section 3. Waiver of Notice. Any Directors lnay waive 110tice of a Ineeting, either
regular or special, before or after such Ineetillg, and such waiver shall be deelned equivalent to
the giving of 11otice.
Sectio11 4. Quoflnn. Two (2) Directors, or if there are a total of sevell (7) Directors,
thell three (3) Directors, shall COllstitute a quorulll for the trallsaction of business at allY Ineeting
of the Board.
105605 4
Section 5. Adjournment When Quorum Lacking. If at any meeting of the Board of
Directors there shall be only one (1) Director present, that Director Inay adjourn the meeting
from time to time until a quorum is present At any such adjourned meeting at which a quorum
is present, any business which might have been transacted at the meeting as origil1ally called may
be transacted without further notice. The joinder of a Director in the action of a meeting by
signing and concurring in the minutes thereof shall constitute the presence of such Director for
the purpose of determining a qUOIUlTI.
Section 6. Manner of Action. Each Director shall be entitled to one (1) vote, and the
act of a majority of the Directors present at a 1neeting at \vhich a qUOlU1TI is present shall
constitute the act of the Board of Directors unless the act of a greater number is required by these
By-Laws.
Section 7. Board Meeting Open to Members. Except as otherwise provided in this
Section, meetings of the Board of Directors shall be open to Members. The Board shall give
reasonable notice to Menlbers of the date, time, and place of each Board Meeting. No notice
need be given to Members if: (i) the date, tilne, and place of meeting were announced at a
previous Board Meeting; (ii) the date, ti1TIe and place of the meeting were posted in a location
accessible to Members and designated by the Board from tilne to tilne; or (iii) if an e1nergency
requires immediate consideration of a matter by the Board. Meetings 1nay be closed to Melnbers
to discuss the follo\ving: (1) persoll11ellnatters; (2) pending or potential litigation, arbitration or
other potentially adversarial proceeding between Melnbers, between the Board or the
Association and Me1TIbers, or other lnatters in which any Meluber lnay have an adversa1ial
interest, if the Board determines that closing the 1neeting is necessary to discuss strategy or
otherwise protect the position of the Board or Association or the pri\racy of a Melnber or
occupant of a Lot; or (3) crilninal activity alising within the COlTIlnUl1ity if the Board detel1uines
that closing the lneetillg is l1ecessary to protect the privacy of the victi1TI or that opelling the
111eeting would jeopardize allY illvestigatioll of the activity.
ARTICLE VI
THE BOARD OF DlRETORS: POWERS~ DUTIES AND RESTRICTIONS
Section 1. Po\vers. The Board of Directors shall have the power to:
(a) Adopt and publish rules and regulations govemillg the use of the
COlTIlTIOn Area and facilities and the personal conduct of the
Melnbers and their guests there01l, and to establish pellalties for the
il1fraction thereof.
(b) Suspend the vOtil1g and el1joY1nel1t rights of any Me1nber for any
period durillg which allY asseSSlnents relnain unpaid, alld to
suspend the said enjoytnent lights for any peliod 110t to exceed
thirty (30) days alld to i!npose a fine 110t to exceed Tell Dollars
($10.00) for each infraction of its published lules alld regulatiolls,
each day dUlil1g which illfractiollS exist being deelned a separate
al1d distil1Ct infraction; provided, howe,rer, that 110thing C011tailled
105605 5
in this Section 1 (b) shall be deeIned to deny any Owner access to
and from his or her Lot or Dwelling located in the Subject
Property.
(c) Exercise for the Association all powers, duties and authority vested
in or delegated to this Association and not reserved to the
membership by other provisions of the Governing Documents.
(d) Declare the office of a member of the Board of Directors to be
vacant in the event such member shall be absent fraIn three (3)
consecutive regular meetings of the Board of Directors; and
(e) Employ a manager, an independent contractor or such other
employees, as they deem necessary, and to prescribe their duties;
provided, however, that any agreements for professional
m8.1lagement of the Subject Property, or any other contract
providing for services by the Declarant, shall provide for
tennination by either party without cause or pa)'lnent of a
termination fee on ninety (90) days or less written notice and a
maxilllum contract term of three (3) years.
Section 2. Duties. It shall be the duty of the Board of Directors to:
(a) Cause to be kept a complete record of all its acts and corporate
affairs 811d to present a statelnent thereof to the Members at the
annual meeting of the MeInbers, or at any speciallneeting when
such statelnent is requested by olle-folilih (1/4) of the Class A
Inelnbers entitled to vote.
(b) Supervise all officers, agellts and elnployees of tllis Association,
and see that their duties are properly perfoI1ned;
(c) As lnore fully provided in the Declaration:
(1) Fix the amount of the annual asseSSlnent against each Unit
at least thirty (30) days ill advance of each annual assessmellt
period.
(2) Send written notice of each asseSSlnent to e\rery Owner
subject thereto at least thirty (30) days ill advance of each alIDual
asseSSlnent period; and
(3) Foreclose the Ii-en against allY property for which
asseSSll1eIlts are 110t paid within thirty (30) days after the due date
or bring an action at la\\' agail1st the O\vner persollalIy obligated to
pay the saIne.
105605 6
(d) Issue, or cause an appropriate officer to issue, upon demand by any
person, a certificate setting forth whether or not any assessment
has been paid. A reasonable charge may be made by the Board for
the issuance of these certificates. If a certificate states an
assessment has been paid, such certificate shall be conclusive
evidence of such payment.
(e) Procure and maintain adequate liability and hazard insurance on
property owned by the Association.
(f) Cause all officers or employees having fiscal responsibilities to be
bounded, as it may deem appropriate and in accordallce with the
Declaration.
(g) Cause the Common Area and exterior of the D\vellings to be
maintained as set forth in the Declaration.
ARTICLE VII
OFFICERS AND THEIR DUTIES
Section 1. Enulneratioll0f Offices. The officers of this Association shall be a
President and Vice President, who shall at all times be members of the Board of Directors, a
Secretary, a Treasurer and such other officers as the Board may frOlTI time to time by resolution
create.
Sectio11 2. Election of Officers. The election of officers shall take place at the first
lueeting of the Board of Directors following each annuallneeting of the Melnbers.
Section 3. Term. T'he officers of this Association shall be elected annually by the
Board illld each shall hold office for one (1) year unless he or she shall sooner resign, or shall be
remo\red, or otherwise becolne disqualified to serve.
Section 4. Special Appoillt1nents. The Board lnay elect such other officers as the
affairs of the Association lTIay require, eacll of \VhOlTI shall hold office for such period, have such
authority and perfollll such duties as the Board Inay, froln tiIne to time detennine.
Section 5. Resignation aJ.ld RelllovaL AllY officer l11ay be relnoved frOITI office \'lith
or without cause by the Board. Any officer Il1ay resigtl at any tilne by giving written notice to
the Board, the PresideIlt or tIle Secretary. Such resignation shall take effect 011 the date of receipt
of such 110tice or at any later tiIne specified thereill, and unless othenvise specified therein, the
accept311ce of suel1 resignatiol1 shall not be lleeessary to lnake it effecti\le.
Section 6. Vacallcies. A vacal1cy i11 any office lnay be filled by appointment by the
Board. The officer appointed to such \'aCalley shall serve for the ren1ail1der of the tenn of the
officer he or she replaces.
105605 7
Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by
the same person. No person shall simultaneously hold more than one of any of the other offices
except in the case of special officers created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
President:
(a) The President shall preside at all meetings of the Board of
Directors; shall see that order and resolutions of the Board are
carried out; shall sign all leases, mortgages, deeds and other
written instruments and shall co-sign all checks and promissory
notes.
Vice President:
(b) The Vice President shall act in the place and stead of the President
in the event of his or her absence, inability or refusal to act and
shall exercise and discharge such other duties as may be required
by the Board.
Secretary:
(c) The Secretary shall record the yotes and keep the Ininutes of all
Ineetings and proceedings of the Board and the Melnbers; sel\le
notice oflneeting of the Board and of the Members; keep
appropliate current records showing the Melnbers of the
Associatioll together with their addresses; and sllall perfonn such
other duties as required by the Board.
Treasurer:
(d) The Treasurer shall receive and deposit in appropriate baJlk
accounts alllTIonies of the Association and disburse such funds as
directed by resolution of the Board of Directors; sign all checks
and prolnissory notes of the Association; l<eep proper books of
aCCoullt; a11d prepare an annual budget and a statement of inCOlne
and expenditures to be presellted to the Inelnbership at its regular
annuallneetings, and deliver a copy of each to the Members.
ARTICLE VIII
BOOKS AND RECORDS
The Association shall keep adequate records of its Inelnbership, Inillutes of Melnbers'
llleetillgs, l11il1utes of Board of Directors' 111eetings, cOlmnittee l11eetings, contracts, leases and
105605 8
other agreements to \vruch the Association is a party, and material correspondence and
memoranda related to its operations, and financial records sufficiently detailed to enable the
Association to prepare the annual report and to cOlTIply with all applicable laws. The books,
records and papers of the Association shall at all times, during reasonable business hours, be
subject to inspection by any Member and by any first mortgagee of a Lot. The Governing
Documents shall be available, during reasonable business hours, for inspection by any Melnber
and by any first mortgagee of a Lot at the principal office of the Association, where copies may
be purchase at reasonable cost.
ARTICLE IX
ASSESSl\1ENTS
As more fully provided in the Declaration, each Melnber is obligated to pay to the
Association annual and special assessments all of which are secured by a continuing lien upon
the property against which the assessment is made. Any assessments \vhich are not paid when
due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date,
the assessment shall bear interest from the date of delinquency at the rate of eight percent (8%)
per annUlTI, and the Association Inay bring an action at law against the Owner personally
obligated to pay the same or foreclose the lien. and interest, costs, and reasonable attorneys' fees
in any such action shall be added to the amount of such assessment. No O\\rner may waive or
other\vise escape liability for the asseSSlnent provided for herein by non-use of the COlnmon
Area or abandonment of such Owner's Lot.
ARTICLE X
INSURANCE
The Insurance requirelnents in the Declaration are incorporated herein by reference.
AR TICLE XI
NO CORPORATE SEAL
There shall be no corporate seaL
ARTICLE XII
AIVIENDMENTS
Seetioll 1. These By-Laws l11ay be alllended, at a regular or speciallneetillg of the
Melnbers, by a 'vote of a Inajority of a quoruln of Mell1bers present ill person or by proxy,
provided that such additional consent required by Aliicle XII of the Declaration is obtailled, and
provided that so long as there is a Class B lnelnbership, both the Declaral1t (and the Federal
Housillg Administration if it has illsured loalls against any Lots) shall have the right to veto
alnendl11ellts.
105605 9
Section 2. In the case of any conflict between the Articles and these By-Laws, the
Articles shall control; and in the case of any conflict between the Declaration and these By-
Laws; the Declaration shall controL
ARTICLE XIII
MISCELLANEOUS
Sectioll 1. Fiscal Year. The fiscal year of the Association shall begin on the first day
of January and end on the 31 st day of December every year, except that the first fiscal year shall
begin on the date of incorporation.
Section 2. Financial Statement. A review of the Association's financial statements
shall be made at the end of the Association's fiscal year, unless prior to thirty (30) days after the
end of that fiscal year, at a meeting or by mailed ballot, Members to which at least thirty percent
(30%) of the votes in the Association are allocated vote to waive the review requirement for that
fiscal year. A waiver vote shall not apply to more than one fiscal year and shall not affect the
Board's authority to cause a review or audit to be made. The review shall be Inade by an
independent certified public accountant licensed to do business in the State of Minnesota and
shall be prepared in accordance with generally accepted accounting principles. The financial
statements shall be presented on a full accrual basis using an accounting format that separates
operating activity froIn replacement reserve activity. The financial statelnents shall be delivered
to all Members \vithin 120 days of the end of the fiscal year.
Section 3. Annual Repoli. An annual report shall be prepared by the President or
treasurer and shall be provided to each member at or prior to the annual meeting of Members.
The annual repoIi shall contain: (1) a statement of any capital expellditures ill excess of two
percent (20/0) of the current budget or five thousand dollars ($5,000), whichever is greater;
approved by the Association for the currellt fiscal year and for the succeedillg two fiscal years;
(2) a stateluellt of the balance in any reserve or replacement fund; (3) a copy of the statelllent of
revenues and expenses for the Association's last fiscal year, and a balance sheet as of the end of
said fiscal year; (4) a stateluent of the status of any pending litigation or judglnellts to which the
Association is a party; (5) a detailed descriptioll of the illsurance coverage provided by the
Associatioll including a stateIl1ent as to which, if allY, of the itellls refelTed to in Section 515B.3-
113 (b) are insured by the Association; (6) a statelnent of the total past due aSSeSSlTIents on all
Lots, current as of not lTIOre than sixty (60) days prior to the date of the alUluallneetillg; and (7)
any other lnatter which the officers or directors of the Association deelTI appropriate.
Sectiol14. COlnlnittees. The AssociatioIl shall apP0111t an Architectural C011trol
COITIlnittee, as provided in the Declaratioll, and a NOI11inating COlnlnittee, as provided in these
By-Laws. In addition, the Board of Directors shall appoint other cOlnlllittees as deelned
appropriate ill calTying out its purpose.
[Renlainder of page intentionally left blank:,' Certification follo11;}
105605 10
CERTIFICA TION
I, the undersigned, do hereby certify:
That I am the duly elected and acting Secretary of said New Hope One Industrial Center
Association, a Minnesota non-profit corporation, and that the foregoing By-Laws constitute the
By- Lavvs of said New Hope One Industrial CenterAssociation as duly adopted at a meeting of
the Members thereof held on the _ day of ,20
-
Secretary
105605 11
(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY NO.
Condominium
NEW HOPE ONE INDUSTRIAL CENTER
DECLARA TION
This Declaratiol1 (the "Declaration") is lnade in the county of Hennepin, State of
Minnesota, on this _day of , , by New Hope One, LLC, a
Minnesota limited liability company (the "Declarant"), pursuant to the provisions of
Mi11nesota Statutes Chapter 515B, known as the Minnesota Comlnon Interest O\vnership
Act (the "Act"), for the purpose of creating Crossroads Professional Center as a
condominiulll under the Act.
WHEREAS, Declarant is the owner of certain real property located in Hennepil1
County, Miru1esota, legally described in Exhibit B attached hereto, alld Declarant desires to
sublnit said real property and all ilnprovel11ents thereOl1 (collectively the "Property") to the
Act as a condolniniuln, al1d
WHEREAS, Declarant desires to establish on the Property a plan for a non-
residential de\reloplne11t, to be o\vned, occupied and operated for the use, health, safety and
welfare of the O\vners a11d Occupal1ts of the Property, and for the purpose of preservil1g the
value, the quality al1d the architectural character of the Property, and
WHEREAS, the Propeliy (i) is 110t subject to an ordillance refen~ed to in Section
515B.I-I06 of the Act, governing conversions to COlTIlTIOn interest ownership; (ii) is not
subject to a Inaster associatiol1 as defined in the Act; al1d (iii) does not il1clude any
shorelal1d, as defil1ed in Miru1esota Statutes Sectiol1103F.205.
1
THEREFORE, Declarant subjects the Property to this Declaration under the name
"NE\V HOPE ONE INDUSTRIAL CENTER" consisting of the Units referred to in Section
2, and declaring that this Declaration shall constitute covenants to run with the Property, and
that the Property shall be owned, used, occupied and conveyed subject to the covenants,
restrictions, easements, charges and liens set forth herein, all of which shall be binding upon
all Persons owning or acquiring any right, title or interest therein, and their heirs, personal
representatives, successors and assigns.
SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the
following meanings (unless the context indicates otherwise):
1.1 "Act" means the Minnesota Common Interest Ownership Act, Minnesota Statutes
Chapter 515B, as arnended.
1.2 "AssesSlnel1ts" lneans and refers to all AsseSSlnel1ts levied by the Association
pursuant to Section 6 of this Declaration.
1.3 "Association" Ineans New Hope One Industrial Center Association, a nonprofit
corporation created pursuaI1t to Minnesota Statutes Chapter 31 7 A and Section 515
B.3-1 01 of the Act, whose melnbers consist of all Owners.
1.4 "Board" Ineans the Board of Directors of the Associatiol1, as provided for in the
Bylaws.
1.5 "Buildi11g" Ineans the structure which is a pali of the Property a11d COlltain the Units.
1.6 "Bvlaws" lneans the Bylaws governing the operatioI1 of the Association, as
aInended from tiIne to tilne.
1.7 "Citv" Ineans the city of Ne\v Hope, Minnesota.
1.8 "COlTIInan Elelnents'" means all paIis of the Propeliy including all ilnprovelnents
thereon, except the Units.
1.9 "COlTI1110n Expenses" l11eans all expenditures Inade or liabilities iI1CUITed by or on
behalf of the Associatio11 and incident to its operation, il1cludi11g AssesSlnellts aJ.1d
itell1S othervvise identified as COlTIlTIOn Expel1ses il1 tIle Declaration or Bylaws.
1.10 "Goven1ing Documents" Ineans this Declaration, and the Aliicles of I11corporation
alld B ylavvs of the Association, as alnel1ded from tilne to tilne.
2
1.11 "Limited COlnmon Elements" means a portion of the Common Elements allocated
by the Declaration or by operation of Section 515B.2-1 02( d) or (f) of the Act for the
exclusive use of one or more but fewer than all of the Units.
1.12 "Member" means all persons who are members of the Association by reason of being
Owners as defined in this Declaration. The words "Owner" and "MemberH lnay be
used interchangeably in the Governing Documents.
1.13 "Mortgagee" means any Person owning a lllortgage recorded against a Unit,
which mortgage constitutes a first lnortgage lien against the Unit
1.14 "Occupant" means any Person or Persons, other than an Owner, occupying or
using a Unit.
1.15 "Owner" lneans a Person who owns a Unit, but excluding contract for deed vendors,
mortgagees, holders of reversionary interests in life estates or other secured parties
within the meaning of the Act.
1.16 "Person" means a natural individual, corporation, limited liability cOlnpany,
pminership, limited liability partnership, trustee, or other legal entity capable of
holding title to real property.
1.17 "Plat" means the recorded plat depicting the Property pursuant to the requirelnents of
Section 515B.2-110(c) of the Act, including any alnended or supplelnental Plat
recorded froln tilne to tilne in accordance with the Act.
1.18 "Propertv" Ineans all of the real property subjected to this Declaration, now or in the
future, including all structures and other improvelnents located thereon. The
Property is legally described in Exhibit B attached hereto.
1.19 "Rules and Regulations" lneans the Rules and Regulations of the Association as
approved frOlTI tilne to tilne pursuant to Section 5.6.
1.20 "Unit" lneans a part of the property, other than the COlnmon Elelnents, illcluding
one or more rOOlns or enclosed spaces, ocCUp~yil1g all or part of one or more floors
of the Building, designed and intended for separate ownership, and use, as described
in Section 2 and shov.'n on the Plat.
Any tenus used in the Governing DocUlnents, al1d defi11ed ill the Act alld not ill this Sectioll,
shall have the 111eaning set forth ill the Act References to Section numbers refer to the
Sections of this Declaration unless otherwise illdicated. Referellces to the singular lnay refer
to the plural, alld conversely, depel1ding UpOl1 COlltext.
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES AND RELATED EASEMENTS
...,
.)
2.1 Units. There are 6 Units, subject to the right of Declarant to create additional
Units by the subdivision or conversion of Units as provided in Section 14.2. The Units shall
be used exclusively for non-residential purposes, including business offices or any other
nonresidential use authorized by the City. Each Unit constitutes a separate parcel of real
estate. The Unit identifiers and locations of the Units are as shown on the Plat, which is
incorporated herein by reference. A schedule of the Units is set forth on Exhibit A.
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfi11ished
surfaces of its perimeter walls, floors and ceilings. Wallpaper, paneling, tiles and other
finishing Inaterials adhered to the interior of the Unit boundaries shall be a part of the Unit;
provided, that any load bearing portions of any interior or perimeter walls, columns, ceilings
or floors, and any common utility lines or other common facilities located in or passing
through a Unit, shall be Common Elelnents. The boundaries of each Unit shall also extend
along the inside unfinished surfaces of its perilneter doors and windows, and their frames,
and said perimeter doors, windows and frames, and their hardware, shall be Lilnited
Cormnon Elements allocated to such Unit. Subject to this Section and Section 3, all spaces,
interior partitions, and interior fixtures and other improvements located within the
boundaries of a Unit are a part of the Unit.
2.3 Appurtenant Easements. The Units shall be subject to a11d benefited by the
easements described in Section 12.
SECTION 3
COl\1MON ELEl\1ENTS, LIMITED COl\1lVION ELEl\1ENTS
AND OTHER PROPERTY
3.1 Comlnoll Elements. The COIll1non Elelnents a11d their characteristics are as
follo\vs:
3.1.1 All of the Property 110t illcluded withil1 the Unit boundaries and any
load bearing portions of any interior or pelilneter walls, colulnns, ceilil1gs or floors;
and 3l1Y COlnlnon utility lines or other COffilTIOl1 facilities located in or passing
through a Unit shall be COlnInOll Elemellts. The COIllITIOn Elelnents include, but are
not limited to, all areas and itelTIS listed in this Sectioll 3, alld those parts of the
Property designated as COInInoIl Elelne11ts 011 the Plat or il1 the Act.
3.1.2 The COlnmo11 EleInellts shall be subject to (i) the ease1nents described
in this Declaration and al1Y other easelnents recorded against the COIn111on Elelne11ts;
(ii) the rights of O\V11erS and Occupants in any Lil11ited COlll1TIOll Elelnents allocated
to their respective Units; alld (iii) the light of the Association to establish reasonable
Rules a11d Regulatiol1S gove111ing the use of the Property.
3.2 Limited C01111nOll Elelnellts. The Lilnited COlTIll10n Elelllel1ts are those parts of
the COln111011 Elelne11ts reserved for the exclusive use of the OWllers a11d Occupallts of the
4
Units to which they are allocated. The rights to the use and enjoyment of the Limited
Common Elements are automatically conveyed with the conveyance of such Units. The
Limited Common Elements are described and allocated to the Units, as follows:
3.2.1 Those itelTIS or areas designated as Lilnited Common Elements on the
Plat are allocated to the Units indicated thereon.
3.2.2 l1nprovements, if any, such as awnings, windows, doors or entryways
constructed as part of the original construction to serve a single Unit or Units, and
replacements and modifications thereof authorized pursuant to Section 8, located
wholly or partially outside the Unit boundaries, are allocated to the Unit or Units
which they serve.
3.2.3 Chutes, flues, ducts, pipes, wires, conduit or other utility installations,
bearing walls, bearing columns, or any other components or fixtures located wholly
or partially outside the Unit boundaries, and serving only that Unit or Units, are
allocated to the Unit or Units they serve. Any portion of such installations serving or
affecting the function of the Common Elements is a part of the Common Elements.
3.2.4 Heating, ventilating, aIr COllditioning, plulnbing, electrical or
mechanical equipment serving only a certain Unit or Units, and located wholly or
partially outside the Ullit boundaries is allocated to the Ullit or Units served by such
equipment.
3.3 Annexation of Other Property. Real property Inay be annexed to the cormTIon
interest cOlnmunity as COlnmon Elelnents and subjected to this Declaration with the
approval of Owners of Ullits to which are allocated at least sixty-se\ren percellt of the votes
in the Association, subject to written approval of Declarant until Declarant 110 longer owns a
Unit.
SECTION 4
ASSOCIA TION l\1El\1BERSHIP: RIGHTS AND OBLIGATIONS
Melnbership in the Association, and the allocation to each Unit of a portion of the
votes in the Association and a pOliion of the COlTIlllOn Expellses of the Association and
undi\rided interests in the COlumOl1 Elemellts, shall be govell1ed by the following provisions:
4.1 Melnbership. Each Owner shall be a Inelnber of the Association solely by reaSOl1
of owning a Unit, and the Inelnbership shall be transferred vvith the conve)'ance of the
Owner's interest in the Ullit. All OWller's Ine111bership shall tellninate when the OWller's
ownership tennillates. Whelllnore than one Persoll is all O\\'ner of a Unit, all such Persons
shall be melnbers of the Association, but Inultiple ownership of a Unit shall not alter the
voting rights allocated to such Dlllt 110r authorize the division of the voting rights.
4.2 Allocatiol1 of Voting Rights~ Undivided Il1terests and COllllnon Expense
5
Obligations. Voting rights, undi\Tided interests and Common Expense obligations (subject to
Sections 6.4 and 6.6), are allocated among the Units based upon the area of each Unit
relative to the area of all Units, as shown by the percentages set forth on Exhibit A attached
hereto.
4.3 Appurtenant Rights, Interests and Obligations. The ownership of a Unit shall
include the voting rights, COffilTIOn Expense obligations and undivided interests described in
Section 4.2. Said rights, interests and obligations, and the title to the Units, shall not be
separated or conveyed separately, and any conveyance, ellculnbrance, judicial sale or other
transfer of any allocated interest in a Unit, separate from the title to the Unit shall be void.
The allocation of the rights, interests and obligations described in this Section may not be
changed, except in accordance vvith the Governing Documents and the Act.
4.4 Authoritv to Vate. The Owner, or SOIne natural Person designated to act as proxy
on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such
Unit at meetings of the Association. Howe\t~er, if there are Inultiple Owners of a Unit, only
the O\vner or other Person designated pursuant to the provisions of the Bylaws may cast
such vote. The voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5
ADMINISTRATION
The adlnillistration and operation of the Association and the Property, including but
not limited to the acts required of the Association, shall be govenled by the following
prOVISIons:
5.1 GeneraL The operation and adlninistration of the Association and the Property
shall be governed by the Govelni11g Documents, the Rules and Regulatiolls, and the Act.
The Association shall, subject to the rights of the Owners set fOlth in the Govenling
Doculnents at1d the Act, be responsible for the operation, Inal1age111ent and COlltrol of the
Property. The Association shall have all powers described in the Governing DocUlnents, the
Act and the statute under which the Association is incorporated. All power and authority of
the Association shall be vested in the Board, unless action or approval by the individual
O\vners is specifically required by the Governing Doclilnellts or the Act. All references to
the Association shall mean the Association acting through the Board, unless specifically
stated to the contrary.
5.2 Operational Purposes. The Associatiol1 shall operate and manage the Property for
the purposes of (i) adlninistering and enforcing the CO\Tellants, restlictions, easell1ents,
charges aIld liens set forth in the Govel11ing DOCUlnents and the Rules and Regulations, (ii)
lnailltainillg, repairing and replacillg those portions of the Propeliy for which it is
responsible, alld (iii) preservillg the \Talue and architectural character of the Propeliy.
5.3 Billdillg Effect of ActiollS. All agreelnents and detennillations ll1ade by the
Associatioll in accordance with the powers alld vOtillg lights established by the GO\Te111illg
6
Documents or the Act shall be binding upon all Owners and Occupants, and their lessees,
invitees, heirs, personal representatives, successors and assigns, and all secured parties as
defined in the Act.
5.4 Bvlaws. The Association shall have Bylaws. The Bylaws shall govern the
operation and adlninistration of the Association, and shall be binding on all Owners and
Occupants. The Bylaws need not be recorded.
5.5 Management. The Board Inay delegate to a manager or managing agent the
management of the Property, including any management duties imposed upon the
Association's officers and directors by the Governing Documents and the Act. However,
such delegation shall not relieve the officers and directors of the ultimate responsibility for
the performance of their duties as prescribed by the Governing Documents and by law.
5.6 Rules and Regulations. The Property and the conduct of Persons thereon is
subject to regulation, as follows:
5.6.1 The Board has the exclusive authority to approve and implement such
reasonable Rules and Regulations as it deems necessary froIn time to time for the
purpose of operating and adlninistering the affairs of the Association aIld regulatillg
the use of the Property; provided that the Rules alld Regulations shall not be
inconsistent with the Governing Documents or applicable law. The inclusion in
other parts of the Governing DOCUlnents of authority to approve Rules and
Regulations is in furtherance, and not in limitation, of the authority granted by this
Section. New or amended Rules and Regulations shall be effecti\'e only after thirty
days' prior notice, with copies of the changes to the Rules and Regulations, has been
given to the O\vners.
5.6.2 A Unit Owner Inay establish reasonable rules relating to the internal use
of the Unit and the conduct of PerSOllS using or visiting the Unit; provided, that the
rules shall be consistent with and subject to the Governing DocUInents, the Rules and
Regulations, this Declaration and applicable law.
5.7 Association Assets: Surplus Funds. All funds and real or personal property
acquired by the Association shall be held and used for the benefit of the Owners for the
purposes stated in the Governing DOCUlnents. Surplus ful1ds remaining after payment of or
provision for COlll1non Expenses and reserves shall be credited agai11st future Assesslllents
or added to reserves, as detennined by the Board.
SECTION 6
ASSESSl\1ENTS
6.1 General. AsseSSIne11ts shall be detenni11ed a11d assessed agaiI1st the Units by the
Board, in its discretion, subject to the requirelnents and procedures set forth in this Section 6
and the Bylaws. AsseSSlnents shall include alIDual AsseSSlnents u11der Section 6.2, and l11ay
7
include special Assessments under Section 6.3 and limited P~ssessments under Section 6.4.
Annual and special Assessments shall be allocated among the Units in accordance with the
allocation fOlIDula set forth in Section 4.2. Lilnited Assessments under Section 6.4 shall be
allocated to Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board. Each annual Assessment shall cover all of the anticipated Common Expenses of the
Association for that year which are to be shared by all Units in accordance with the
allocation formula described in Section 4.2. AIll1ual AsseSS1nellts shall be payable in equal
1nonthly or quarterly installments, as established by the Board. Annual Assessments shall
provide, among other things, for an adequate reserve fund for the replace1nent of the
Common Elements and those parts of the Units for which the Association is responsible and
which are not funded by limited Assessments.
6.3 Special Assessments. In addition to annual Assessments, 811d subject to the
limitations set forth hereafter, the Board may levy in allY Assessment year a special
AsseSSlnent against all Units in accordance with the allocation fOllllula in Section 4.2, and
for the purposes described in this Declaration. Special AsseSSl1lents shall be used for the
purpose of defraying in whole or in part the cost of any unforeseen and unbudgeted
COlnman Expense.
6.4 Limited Assessments. In addition to anllual Assessments and special
Assessments, the Board may, at its discretion, levy and allocate lill1ited Assessments a1nong
one or luore, but not all, Units, in accordance with the following requirelnents and
procedures:
6.4.1 Any COlulnon Expense associated with the Inaintenance, repair, or
replacelnent of a Lilnited COllllnon Element shall be assessed exclusively against the
Unit or Units to which that Limited COlnmon Elelnent is allocated, equally, in
propoliiol1 to Ulldivided interests or by actual cost per Unit, unless otherwise
unanilnously agreed by resolution of the Board.
6.4.2 Any Common Expense benefiting fe\ver than all of the Units but 110t
fallitlg within Section 6.4.1 luay, at the Board's discretion, be assessed against the
Unit or Units benefited equally, in proportion to undivided interests or by actual cost
per Unit.
6.4.3 The costs of insurance Inay be assessed equally, in propoliion to
ul1di\Tided il1terests or by actual cost per Unit, and the costs of COlTI111011 utilities Inay
be assessed equally, in proportion to usage, or such other reasonable allocation as
Inay be approved by the Board.
6.4.4 Reasonable atto1neys' fees and other costs i11cu11~ed by the Association
ill cOlmection with (i) the collection of AsseSSlnellts and (ii) the enforcell1el1t of the
Govenli1lg Documents, the Act, or the Rules and Regulations, agaillst an OWl1er or
Occupallt or their invitees, 1nay be assessed agail1st the O'ATl1er's Unit.
8
6.4.5 Late charges, fines and interest may be assessed as provided in Section
13.
6.4.6 If any damage to the Cormnon Elements or another Unit or any portion
of the Owner's Unit that the Association is obligated to Inaintain is caused by the act
or oluission of any Owner or Occupant, or their invitees, the Association may assess
the costs of repairing the damage exclusively against the offending Owner's Unit to
the extent not covered by insurance.
6.4.7 If Common Expense liabilities are reallocated for any purpose
authorized by the Act, Assessluents and any installment thereof not yet due shall be
recalculated in accordance with the reallocated Common Expense liabilities.
Assessments levied under Sections 6.4.1 through 6.4.6 may, at the Board's discretion, be
assessed as a part of, or in addition to, the other Assessments levied under Section 6.
6.5 Working Capital Fund. There shall be established a working capital fund to meet
unforeseen expenditures or budget shortfalls, or to purchase additional equipment or
services for the Association. The Board may include ill each subsequent annual budget a
reasonable amount of working capital, based upon the anticipated needs of the Association
for the year in question. There shall be contributed on a one-time basis for each Unit sold an
amount equal to two months installments of the estimated annual Assessments for the Unit.
The contribution shall be paid by the purchasers of the Units at the time of closing of the
initial sales of the Units by Declarant, and Inay be required by the Association with respect
to resales. In addition, Declarant lnay reilnburse itself, pro rata, froIn funds collected froIn
the purchasers at the respective closings for allY contributions advanced by Declarant to the
\vorking capital fulld. The contributions to this fund are in addition to the regular
installments of annual Assessments and are not refundable. The fund shall not be used to
defray any of Declar8J.lt's developlnent expenses, replaceInel1t reserve contributions or
construction costs, but lnay be used to offset the Association's operating deficits.
6.6 Liabilitv of Ovvners for Assessments. If an Assessment has been le'lied, the
obligation of an Owner to pay AsseSSlnents shall COffilnence at the time at which the Owner
acquires title to the Owner's Unit. The OV\rner at the time an AsseSSlnent is payable with
respect to the Unit shall be personally liable for the share of the COlTIlllOn Expenses assessed
against such Unit. Such liability shall be jOil1t alld se\reral \vhere there are luultiple OWllers
of the Unit. The liability is absolute and UllCOllditiol1al, subject to Section 6.6. No OWl1er is
exempt fro In liability for payme11t of AsseSSlnents by right of set-off, by waiver of use or
enjoytnent of any part of the Property, by absellce froIn or abandoll1nellt of the Unit, by the
wai\rer of any other lights, or by reason of allY claiITI agaiIlst the Declarant, the Association
or its officers, directors or agellts, or for their _ failure to fulfill any duties under the
Govel11illg Documellts or the Act.
6.7 Declarant's Liabilitv for AsseSSlnel1ts. Pursuant to Sectiol1515B.3-115(b) of the
Act, the Declarallt's liability for AsseSSIneIlts shall be subject to the follo\ving lilnitatiol1s.
9
6.7.1 Notwithstanding anything to the contrary in the Governing Documents,
if a Common Expense Assessment has been levied, any unsold Unit owned by
Declarant shall be assessed at the rate of twenty-five percent of the AsseSSluents
(exclusive of replacement reserves) levied on that Unit until a certificate of
occupancy or comparable City approval has been issued with respect to such Unit.
6.7.2 The provisions of Section 6.7.1 shall not affect the share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant
as required by Section 515B.3-115 of the Act. However, there are no assurances that
Declarant's reduced Assessment obligation will not affect the level of services for
other itelns set forth in the Association's budget In the event that Declarant pays a
reduced Assessment in accordance with Section 6.7.1, Declarant shall be obligated,
within sixty days following the termination of the Declarant Control Period, to make
up any operating deficit incurred by the Association during the Declarant Control
Period. Notwithstanding the foregoing, the Association, during the Declarant
Control Period or otherwise, may use the working capital fund to offset operating
deficits as provided in Section 6.5.
6.7.3 The Declar811t's reduced AsseSSlnent obligation shall apply to each Unit
o\vned by Declarant at the time that any Assessment is levied against the Unit, and
shall tel1ninate with respect to each such Unit UpOll the issuance of a celiificate of
occupancy or cOlnparable City approval for the Unit.
6.8 AsseSSlnent Lien. The Association has a lien on a Ullit for any AsseSSluent levied
against that Unit froIn the time the AsseSSlnent becolnes due. If an Assessment is payable in
illstall1nents, the full mTIount of the AsseSSlnent is a lien froIn the tilne the first instalhnent
thereofbecolnes due. Fees, charges, late charges, fines and interest charges ilnposed by the
Association pursuant to Sectioll 5I5B.3-102(a)(10), (11) and (12) of the Act are liens, alld
are enforceable as AsseSSlnents, under this Sectioll 6. Recordillg of the Declaration
COllstitutes record notice and perfection of allY lien under this Section 6, and no further
recordation of any notice of or claim for the lien is required. The release of the lien shall not
release the Owner fro In personal liability ullless agreed to in writing by the Association.
6.9. Foreclosure of Lien: Relnedies. A lien for Assessments may foreclosed against a
Ullit ullder the laws of the state of Minnesota (i) by action, or (ii) by advertiselnent ill a like
rnallner as a rTIoligage containillg a power of sale. The Association, or its authoIized
representative, shall have the power to bid in at the foreclosure sale and to acquire, hold,
lease, lTIOligage and convey any Unit so acquired. The Owner and any other Persall
clainlillg an illterest ill the Ullit, by the acceptallce or asseliion of allY interest in the Unit,
grallts to the Association a power of sale and full authority to accoluplish the foreclosure.
The Associatioll shall, in additiol1 to its other remedies, have the right to pursue allY other
relnedy at lay\' or ill equity agaillst the O\\Tner who fails to pay any AsseSSlnellt or charge
against the Unit.
6.10 LieIl Plioritv: Foreclosure. A liell for AsseSSlllellts is prior to all other liells alld
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encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration,
(ii) any first mortgage on the Unit, and (iii) liens for real estate taxes and other governmental
AsseSSlnents or charges against the Unit. Not\.vithstanding the foregoing, if (i) a first
mortgage on a Unit is foreclosed, (ii) the first mortgage was recorded on or after the date of
recording of this Declaration, and (iii) no Owner redeems during the Owner's period of
redemption provided by Minnesota Statutes Chapters 580, 581, or 582; then the holder of
the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the
Unit subject to a lien in favor of the Association for unpaid Assessments or installlnents
thereof levied pursuant to Sections 515B.3-115(a), (e)(l) to (j), (f), and (i) of the Act which
became due, without acceleration, during the six months immediately preceding the first day
following the end of the Owner's period of redemption.
6.11 Real Estate Taxes and AsseSSlnents. Real estate taxes, special assessments, and
other charges and fees which may be levied against the CallInan Elements by governmental
authorities, shall be allocated among and levied against the Units based upon their respective
undivided interests in the Common Elements as set forth on Exhibit A, and shall be a lien
against each Unit in the same manner as a liell for real estate taxes and special assessments
levied against the Unit alone.
6.12 V oluntarv Conveyances: Statell1ellt of AsseSSlnents. In a voluntary conveyance
of a Unit, the buyer shall not be personally liable for any unpaid AsseSSlnents and other
charges made by the Association against the seller or the seller's Unit prior to the time of
conveyance to the buyer, unless expressly assunled by the buyer. However, the lien of such
Assessments shall remain against the Unit until released. Any seller or buyer shall be
entitled to a statement, in recordable form, from the Association setting forth the amount of
the unpaid Assessments against the Unit, including all AsseSSlnents payable in the
Association's current fiscal year, which statelnent shall be binding on the Association, seller
and buyer.
Section 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and all Mortgages a11d other secured parties, by their
acceptance or assertion of an interest in the Property, or by their occupancy of part or all of a
Unit, covenant and agree that~ in addition to any other restrictiOllS which may be ilnposed by
the Act or the Governing Doculnents, the occupancy, use, operation, aliellatio11 and
c011veyance of the Property shall be subject to the follo\ving restrictions:
7.1 General. The Property shall be owned, cOl1veyed, e11culnbered, leased, used a11d
occupied subject to the Govell1i11g DOCUlnents and the Act, as a111ellded froID tilne to tilne.
All covenants, restrictions and obligatio11s set fOlih ill the GO\lell1illg Docun1ents are in
fuliherance of a plan for the Property, and shall run- \vith the Propeliy and be a burdell and
berlefit to all Owners and Occupants and to any other PerSOll acquiri11g or o\vning an interest
in the Properiy, their heirs, personal representati\res, successors a11d assigns.
11
7.2 Subdivision or Conversion. Except as permitted by the Act or this Declaration,
no Unit, nor any part of the Common Elements, may be subdivided, partitioned or converted
without the prior written approval of all Owners and all Mortgagees.
7.3 Permitted Uses and Restrictions. The Property shall be used for offices or other
non-residential uses pennitted by City ordinances or by agreement with the City.
7.4 Leasing. Leases of Units or parts thereof shall be pennitted, subject to the
following conditions: (i) the lessee's business shall comply with Section 7.3, (ii) all leases
shall be in writing, and (iii) all leases shall provide that they are subject to the Governing
Documents, the Rules and Regulations and the Act, and that any failure of the lessee to
comply with the terms of such documents shall be a default under the lease. The Owner of
the leased Unit shall, upon request of the Board, provide a copy of the signed lease to the
Association.
7.5 Parking. Subject to the provisions of this Section and Section 3.3, surface parking
areas located on the Common Elements shall be available for parking by all Owners and
Occupants, and their illvitees except that each Unit shall be entitled to the exclusive right to
use _ spaces as established by the Rules and Regulations. In addition, the Board luay
establish in the Rules and Regulatiolls lules governing the use of the surface parking areas,
including but not liluited to the assignment of a limited nUlnber of parking spaces for the use
of handicapped persons. O\remight parking, or storage or prolonged parking of vehicles,
trailers or other transportation devices, or the exterior storage of personal property of any
type, is prohibited unless such storage is (i) authorized by the Board and (ii) in compliance
with City ordil1allces. _ spaces are required to be designated as handicapped parking by
the City. Those spaces shall remain designated as handicapped parking.
7.6 Anilnals. The keeping, boarding, shelterillg, breeding or sale of allY aniInal on
the Property is prohibited; provided, that this prohibition shall not restrict the bona fide,
good faith use of qualified "service" animals by individuals who are handicapped as defined
under the Minnesota Human Rights Act or the federal Fair Housing Act, as aluended. The
tenn "an.:iInal" shall be construed in its broadest sense, and shall include all living creatures
except hUlnans.
7.7 Si211S. Signs or other displays of any type Inay be erected (i) only at locatio11s
established by the Declara11t or subsequently approved by the Board, (ii) in cOlnpliance with
City sign ordinances and the desigI1 sta11dards established for the Propelty by the Declaral1t,
and (iii) approved pursuallt to Section 8. The design, erection and Inai11teI1ance of signs in
the Units shall be subject to tIle followil1g additional requirelnents and cOl1ditions:
7.7.1 All O\Vller luay erect and post signs in the Owner's Ul1it as llecessary to
direct traffic, idelltity spaces, a11d facilitate other iI1te111al operatiol1S of the Unit.
7.7.2 COInInoIl signs or directolies idelltifyi11g the project, or tIle OW11ers and
Occupants shall be Iuaintai11ed by the Association.
12
7.8 Exterior Lif!hting. The location, size, color and design of all lighting fixtures or
silnilar equipment used or shown outside of the Building must be (i) in compliance \vith City
lighting requirements, (ii) consistent with the design standards established for the Property
by the Declarant and (iii) approved pursuant to Section 8.
7.9 Outdoor Activities. Outdoor activities on the Property, such as prolTIotional
events, gatherings, demonstrations, displays or other activities which have the potential to
materially affect any easement or use rights, cause a nuisance or material disturbance, create
a safety or health hazard, or create Inaterial liability for the Association or any Member,
shall be subject to approval by the Board. In determining whether to authorize an activity,
the Board shall, at minimum, take into consideration the security of the Property, the
potential for disturbance or damage to the Property, the potential liability for the Association
or any Member, the health and safety of Persons occupying or using the Property, and
whether the activity unreasonably impairs any easelnent or other authorized use of the
Property.
7.1 0 Quiet Enj oyment: Interference Prohibited. All Owners and Occupants and their
invitees shall have a right of quiet enjo)'lTIent in their respective Units, subject to the usual
and customary sounds, smells or activities commonly associated with businesses such as
those located in the Units (including industrial uses). Subject to the foregoing, the Property
shall be occupied and used in such a manner as will not cause a nuisance, nor unduly
restrict, interfere with or ilnpede the reasonable use and quiet enjoytnent of the Property by
other Owners and Occupants and their invitees. However, it is anticipated that the Property
will be used for industrial uses that lnay include large machinery, equiplnent and related
items.
7.11 COlnpliance with Law. No use shall be made of the Property which v\'ould
\!iolate any then existing municipal codes or ordinances, or state or federal laws, nor shall
al1Y act or use be permitted which could cause waste to the Property, cause a tnaterial
increase in insurance rates on the Property, or otherwise cause any unusual liability, health
or safety risk, or expense, for the Association or any O\\Tner or Occupant.
7.12 Tilne Shares Prohibited. The tilne share fonn of ownership, or any cOlnparable
fonn of lease, occupancy rights, ownership, or right-ta-use plans, which has the effect of
dividing the ownership or occupancy of a Unit into separate tilne periods, is prohibited.
7.13 Access to Units. In case of elnergellCY, all Ullits 81ld Limited COlTIlTIOn
Elelnellts are subject to entry, without notice and at allY tilne, by an officer or melnber of the
Board, by the Association's Inanagelnellt agellts or by allY public safety persolmeL Entry is
also authorized for lnaintenance purposes under Section 9, and for ellforcelnent purposes
Ullder Seetioll 13.
SECTION 8
ARCHITECTURAL STANDARDS
13
8.1 Restrictions on Alterations. One of the purposes of this Declaration is to ensure
that the Property is kept architecturally attractive and substantially uniform in appearance.
Therefore, except as set forth in Section 8.5, the following restrictions and requirements
shall apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no structure, building,
addition~ improvemellt, wall, enclosure, window, exterior door, antenna or other type
of sending or receiving apparatus, sign, display, decoration~ color change~ shrubbery,
material topographical or landscaping change, nor any other exterior improvelnents
to or alteration of the Building or any other part of a Unit which affects the COffilllon
Elements or another Unit, or which is visible from the exterior of the Unit
(collectively referred to as "alterations"), shall be COlTIlnenced, erected or Inaintained,
unless and until the plans and specifications showing the nature, kind, shape, height,
color, materials and locations of the alterations shall have been approved in writing
by the Board or a committee appointed by it Notwithstanding the foregoing,
Declarant's written consent shall also be required for alterations for so long as
Declarant owns a Unit for sale.
8.1.2 The Board may appoint, supervise and disestablish all architectural
COlTIlTIittee, a11d specifically delegate to it part or all of the functions which the Board
exercises under this Section 8, in which case the references to the Board shall refer to
the architectural committee where appropriate. The architectural cOllliuittee shall be
subject to the supervision of the Board.
8.1.3 The Board shall establish the criteria for approval of alteratiollS, \vhich
shall i11clude and require, at a Ininilnum:
8.1.3.1 substantial unifonnity of color, location, type and design in
relatioll to the Buildillg al1d topography,
8.1.3.2 cOlnparable or better quality of Inaterials as used in existillg
ilnprovelnents on the Property,
8.1.3.3 ease of Inaintel1ance al1d repair,
8.1.3.4 adequate protection of the Property, the Association~ OW11ers
a11d Occupants froIn liability and liens alisillg out of the proposed alterations,
8.1.3.5 substa11tial preservatioll of other Owner's sight lilles, if
Inaterial, and
8.1.3.6 C0111pliallce with govelTIlUentalla\vs, codes and regulations.
T'he Board, or the appointed architectural COllllnittee if so autl10rized by the
Board, shall be the sole judge of whether such criteria are satisfied.
14
8.1.4 Approval of alterations which immaterially encroach upon another Unit
or the Common Elements shall create an appurtenant easement for such
encroachment in favor of the Unit with respect to which the alterations are approved,
notwithstanding any contrary requirement in the Governing Documents or the Act.
A file of the Board resolutions approving or denying all applications for alterations
shall be maintained permanently as a part of the Association's records.
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Section:
8.2.1 Detailed plans, specifications and related information regarding any
proposed alteration, in form and content acceptable to the Board, shall be sublnitted
to the Board and to Declarant (if applicable) at least sixty days prior to the projected
Commencement of construction. No alterations shall be cOlnmenced prior to
approval.
8.2.2 The Board and Declarant (if applicable) shall give the Owner written
notice of approval or disapprovaL If the Board and Declarant (if applicable) fail to
give notice of approval or disapproval within thirty days after receipt of said plans
and specifications and all other information requested by the Board and Declarant (if
applicable), then approval shall be deelned to be granted; provided, that the
alterations are done in accordance with the plans, specifications and related
information which were sublnitted.
8.2.3 lfno request for approval is sublnitted, approval shall be deelned to be
dellied.
8.3 Relnedies for Violations. The Association Inay undertake any lueasures, legal,
equitable or adlninistrative, to el1force cOlnpliance with this Section 811d shall be entitled to
recover from the Ovvner causil1g or pelluitting the violatiol1 all att0 111eys, fees and costs of
enforcelnent incurred by the Association, regardless of the type of action taken (if any).
Such attoll1eys' fees and costs shall be a liell against the Owner's Unit alld a personal
obligation of the Ovvner. In addition, the Association shall have the right to enter the
O\\Tner's Unit and to restore any part of the Building or Unit to its prior condition if any
alterations \vere Inade in violatiol1 of this Section, and the cost of such restoration shall be a
personal obligation of the Owner and a lien against the Owner's Unit.
8.4 Owner Responsibilitv/lndelunity. The Owner \vho causes an alteration to be
luade, regardless of whether the alteration is appro\red by the Board, shall be responsible for
the COllstluction work al1d any clailTIS, dalnages, losses or liabilities. arising out of the
alterations. The Owner shall hold ha11uless, illdelTIllify alld defend the Associatioll, al1d its
officers, directors and COlnlnittee luelubers, from and against any expellses, claillls,
dall1ages, losses or other liabilities, including without lill1itatioll attorneys' fees and costs of
litigatioll, arising out of (i) any alteration which violates any govenl1nental laws, codes,
ordinances or regulations, (ii) the adequacy of the specifications or stal1dards for
15
construction of the alterations and (iii) the construction of the alterations.
8.5 Exemptions. The requirements set forth in this Section 8 (except Section 8.4)
shall not apply to the following:
8.5.1 Original construction by Declarant or authorized and approved by
Declarant in connection with its cOlupletion and sale of the Units.
8.5.2 Antennas installed and used in accordance with federal law 81ld Rules
and Regulations consistent therewith.
SECTION 9
MAINTENANCE AND REPAIR
9.1 Association Obligations. The Association shall provide for all maintenance,
repair or replacement (collectively referred to as "maintenance") of the Common Elelnents,
and Limited COInmon Elelnents, including all improvements thereto, subject to the
following qualifications or additions:
9.1.1 The cost of Inaintenance, repair or replacement of part or all of a
Limited COInmon Elelnent shall be assessed against the Unit or Units to which the
Lilnited COlTIman Elelnent is allocated in accordance with Section 6.4.1.
9.1.2 The cost of lnaintenance, repair or replacelnent of a part of the
COlmnon Elements which be11efits DIlly a ceIiain Unit or Units, may be assessed
against the Unit or Units benefited in accordance with Section 6.4.2.
9.1.3 The AssociatioIl1nay assign to an Owner the obligation for Inaintenance
of a LiIuited COlrunon Elelnent allocated to the Owner's Unit and itnpose standards
for the Inaintenance. However, if the Owner fails to perfOl1TI the maintenance to the
standards established by the Association, the Association may enter the Lilllited
COlTIlUOn Elelnent, perfonn the Inailltenance and assess the Owner's VIlit for the
costs. /
9.1.4 The Association may elect to Inaintain, repair or replace luechanical,
stIuctural or other cOlnponellts within the Ullits and assess the costs against the Ullit,
if the failure or impail1uent of the cOlnponent could result in dalnage to the COlnInoll
Elelnents or other Units, ilupair the function of any common Buildillg systeln, or
create a health or safety hazard.
9.1.5 The Association shall be responsible for lIlcidelltal daluage caused to a
Unit or its Lilnited COll11TIOll Elelnel1ts by work undeliakell by the Association
pursuant to this Section.
9.1.6 If dall1age is caused to tIle COlTIlnOll Elelnents, Limited C01111TIOll
16
Elements or other Units by an Owner or Occupant, or their invitees, or by any
condition in the Unit or Limited Common Elements which the Owner or Occupant
has caused or allowed to exist, then the Association may repair the dalnage or correct
the condition and assess the cost thereof against the responsible Owner's Unit
9.2 Owner Obli2:ations. Each Owner shall, at its expense, undertake the following
obligations for maintenance, repair and replacement:
9.2.1 To Inaintain, repair, and replace (i) the Owner's Unit; and (ii) any
Lilnited COlTIlTIon Elements allocated to the Unit except to the extent maintained by
the Association. The Units and Lilnited Common Elelnents shall be kept in good,
clean and sanitary condition and repair.
9.2.2 To perform its maintenance obligations promptly and in such Inanner as
not to damage the Property, nor unreasonably disturb or cause a hazard to persons
occupying or otherwise using the Property. The Board may require that the Owners
perform their maintenance obligations in accordance with reasonable standards
established by the Board and in a manner consistent with the Declarant's design plan
for the common interest cOlnmunity.
9.2.3 To promptly payor reilnburse the Associatioll for any costs incurred by
the Association for the repair of any damage to the COmlTIOn Elements, Limited
Elelnents or other Units, Caused by an Owner or Occupant, or their invitees, or
caused by any condition in the Unit or Lilnited COlTIlTIOn Elelnents which the Owner
or Occupant has allowed to exist.
9.2.4 If an Owner fails or refuses to perfonn the Owner's duty to maintain,
repair or replace, the Association shall have authority to undertake the necessary
work and assess the Owner's Unit for the cost thereof; provided that reasollable
110tice and all oppoliunity to cure the violation shall first be given to the OWller.
9.3 Optional Maintenance bv Association. III addition to the Inaintenance desclibed
in Section 9.1, the Association may, with approval of the Board, ulldeliake to provide
additionallnaintenance to the Units.
SECTION 10
INSURANCE
10.1 Association Insurance. TIle Association shall obtain a11d l11aintain the follo\ving
i11surance relating to the Property:
10.1.1 The Association shall, at a Ini11in1ul1l, l11ailltain propeliy insurance in
broad fonn coverage risles of physical loss in all aI1l0u11t equal to Olle hundred
percent of the insurable "replacelnellt cost" of tIle Propeliy, less deductibles; but
excluding (i) land, footillgS, excavatioll and other itelns 11011l1ally excluded frOITI
17
coverage, and (ii) items such as ceiling or wall finishing materials, floor coverings,
plumbing, lighting and other interior fixtures, built-in equipment, business
equipment, or other irnprovelnents and bettennents installed within the Units. The
policy or policies shall also cover personal property owned by the Association. The
policy or policies shall also contain "Inflation Guard" and "Agreed Amount"
endorsements, if reasonably available. The Association Inay enter into an agreement
with a Mortgagee or a guarantor, insurer or servicer of a lTIortgage, obligating the
Association to keep other coverages or endorsements in effect. The Association may
also enter into agreelnents mnong all Owners as to the allocation of insurance
proceeds among their Units.
10.1.2 Commercial general liability insurance covering the activities of the
Association and the use, operation and Inaintenance of the Cormnon Elements, with
minimum limits of one million dollars per occun"ence, against claims for death,
bodily injury and property damage, and such other risks as are customarily covered
by such policies for projects similar in constructioI1, location and use to the Property.
The policy shall contain a "severability of interest" endorsement which shall
preclude the insurer fro In denying the claim of an Owner or Occupant because of
negligent acts of the Association or other Owners or Occupants.
10.1.3 Such other types and aInounts of illsurance as Inay be detennined by
the Board to be necessary or desirable, including but not lilnited to officers and
directors' liability insurance, workers' cOlnpensation insurance, and insural1ce or
fidelity bonds covering dishoIlest acts by those Persons having control or custody of
the Association's fullds.
10.2 Cancellation: Notice of Loss. All policies of property insural1ce and
cOlnprehensive liability illsurance Inaintained by the Association shall provide that the
policies shall l10t be canceled or substantially lTIodified, for allY reason, without at least
thirty days' prior writtell notice to the Association, the insureds and all Mortgagees.
10.3 Conflicts with Act. III the evel1t of a conflict between this Section 10 and tIle
Act, this Section 10 shall COlltrol, it beillg the intelltioll of Declaral1t that the Association aJ.ld
the Owners shall have authority al1d discretion to deal vvith the ullique insurance needs of the
busil1esses COllducted ill the Units and the requirelnents of Mortgagees.
10.4 O\vners' insurallce/Illdelnnitv. Each Owner shall obtain and l11aintain the
following insurallce and provide the desclibed indelTIllities:
10.4.1 Property illsurance insuling all insurable ilnprovements withill the
O\vner's Unit for the full insurable replacelnent value of such ill1provelnents.
10.4.2 Comlnercial gelleralliability illsurallce coveling the O\Vller's Ullit, and
the activities of the O\\111er, and its officers, directors, elnployees and agellts in
COl1l1ectioll \vith the Owner's occupancy, operatioll, lnanagelnent atld use of the Unit,
18
including any additional coverages customarily canied for unique or hazardous
activities arising out of a business or activities conducted on the Unit. Said liability
insurance shall be in the minimum amounts of (i) $1,000,000 for all accident
affecting more than one person in or resulting frorn one occurrence and (ii)
$1,000,000 property damage for each occurrence.
Each O\\'ner shall, upon request of the Association or any other Owner, furnish a
certificate or certificates of such insurance.
10.4.3 Each Owner shall hold hannless, indemnify and defend the Declarant,
other Owners and the Association, and their respective officers, directors and
employees, from and against all claims, actions, damages and other liabilities,
including ,attorneys' fees and costs, arising out of incidents occurring within such
Owner's Unit or arising out of the conduct of the Owner or Occupants of the Unit or
their employees, agents, contractors and invitees, unless caused by the intentional or
negligent act or omission of the party to be indemnified.
10.4.4 The Owner's insurance shall be primary as against the Association's
insurance for damages to interior improvernents to Units, and there shall be no right
of contribution against the Association's illsurance, with respect to damage or
activities within the Owner's Unit.
SECTION 11
RECONSTRUCTION, CONDEl\1NATION AND El\1INENT DOIVIAIN.
11.1 Reconstructioll. The repair and reconstruction of damaged or destroyed
improvelnents on the CallInan Elelnents shall be proll1ptly undertaken and cOlnpleted by the
Associatiol1. The repair and reconstruction of damaged or destroyed ilnprovelnents within a
UIlit shall be prolnptly undertaken and cOlnpleted by the OWller of the Unit. All
reconstruction shall restore the improvelnents to substantially their condition iIrunediately
prior to the casualty, or to better condition, and shall be subject to oversight by the
Association. If the Owner of the Unit which suffers the casualty does not vvish to
reconstluct the iIl1provements, and if each Mortgagee of the Unit and the Association agree
ill writing to such plan, then the irnprovelnents need not be rebuilt; provided, that all relnains
of the ilnprovements located \vithin the Unit shall be relnoved frOITI the Unit, all debris shall
be rellloved froln the Ullit and the Unit shall be left in good, clean and sanitary condition, all
of which shall be dor1e to the satisfaction of the Association.
11.2 Condell1nation alld Elni11e11t DOInain. In the evellt of a taking of allY pali of the
Property by condelnnatio11 or elninent domaill, the provisions of the Act shall govell1;
provided, (i) that notice shall be givell pursuallt to ~Section 16.4, and (ii) that allY awards or
proceeds shall be payable to the Associatioll for the bellefit of the O\Vl1erS and the
Mortgagees of their Ul1its, as their i11terests Inay appear.
11.3 Tennination a11d Liquidatioll. The tel1nillatiol1 of the COlnmOll interest
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community, and the distribution of any proceeds therefrom, shall be governed by the Act,
except that any distributions shall be allocated based upon the value of the Units as
unanimously agreed upon by the Owners, or by appraisers agreed upon in writing by a
majority of the Owners and Mortgagees, and shall be made to Owners and their Mortgagees
as their interests may appear.
11.4 Notice. The Association shall give written notice of any condemnation
proceedings or substantial destruction of the Property to the Mortgagees within ten business
days after the casualty or first legal notice of cOlldelnnation.
11.5 Association's Authoritv. In all cases involving condemnation, elninent domain,
tennination or liquidation of the common interest community, the Association Inay (i) act on
behalf of the Owners in all proceedings, negotiations and settlement of claims, or (ii)
delegate the authority to act to an Owner or Owners of the affected Units if the casualty
affects fewer than all Units. If such authority is retained and exercised by the Association,
then all proceeds shall be payable to the Association to hold and distribute for the benefit of
the Owners and their Mortgagees. Mortgagees are entitled to priority for awards and
distributions in accordance with the priorities established by the Act and their Inortgage loan
documents, as their interests Inay appear.
SECTION 12
EASEl\1ENTS
The following appurtenant easelnents and rights are hereby granted, conveyed,
dedicated and reserved on, ov-er, under alld across the Propeliy, as applicable.
12.1 Access. Each Unit shall be the belleficiary of a n011exclusive easemel1t for
access to and from public roadways aIld walkways on alld across those pOliions of the
COlnlnoll Elements desigIlated for use as drive\vays or walkways, as originally COllstlucted,
shown on the Plat or other\vise designated by the Association, subject to any restrictions
authorized by the Governing Documents or the Rules aJ.ld Regulations.
12.2 Use and En;oVlnent. Each Unit shall be the belleficiary of nonexclusive
easeInellts for use and enjoymellt on alld across the Conunon Elelnents and allY Lilnited
COlnmoI1 Elelnent allocated to the Units, subject to any restrictions authorized or irnposed
by the Governing DocUlnents.
12.3 Structural SupPoli. Each Unit aJ.ld the COlnnlon Elelnents shall be subject to and
the belleficiary of 11onexclusi\Te easelnel1ts for stluctural suppoli in all V\Talls, colulnns, joists,
girders and other structural cOlnponents located in or passil1g through another Unit or other
palis of the Building, or shared \vith all adjoillillg Unit or the COInInOll Elements.
12.4 Encroachmellts. Each Ullit and tIle COInInoll Elelnents, alld the rights of the
OWllers and Occupants therein, shall be subject to a I10nexclusive easelnent in fa\lOr of the
20
adjoining Units for encroachments caused by the construction, reconstructions, repair,
shifting, settlement or movement of any part of the Property, and for improvements which
are added in compliance with Section 8. If there is an encroachment upon another Unit or
the COlnman Elements, as a result of any of the aforementioned causes, an easement shall
exist for the encroachment, for the use, enjo)'lnent and habitation of any encroaching Unit or
improvement, and for the Inaintenance thereof, improvements or alteratiolls added pursuant
to Section 8 shall be limited to minor encroachments, and no easement shall exist unless the
proposed improvements have been approved and constructed as required by this
Declaration. Such easements shall COlltinue for as long as the encroachment exists and shall
not affect the marketability of title.
12.5 Maintenance. Repair. Replacement and Reconstruction. Each Unit, and the
rights of the Owners and Occupants thereof; and the Common Elements and Limited
Common Element, shall be subject and benefited by a nonexclusive easement in favor of the
Association for the maintenance, repair, replacement and reconstruction of the Common
Elelnents, Units and other improvements located within the Units, and utilities serving the
Units, to the extent necessary to fulfill the Association's obligations under the Governing
DOClilnents. Each Owner shall afford to the Association and its managelllent agents and
employees, access at reasonable times and upon reasonable notice, to and through the Unit
and its Limited CamInan Elements for maintenance, repair and replacemellt; provided that
access Inay be had without notice and at any time in case of eInergency.
12.6 Utilities. The Common Elelnents and the Units shall be subject to and benefited
by nonexclusive easelnents in favor of the Association, the City and all utility cOlnpanies
and oth~r service providers for the installation, lise, Inaintenance, repair and replacelnellt of
all utilities, services and COlnmOll operating systems, such as natural gas, electl;city, cable
TV and other electronic cOll1n1unications, water, seVier, septic systellls, wells, and silnilar
services, security, fire control and other COlnman operating systems, and Inetering alld
control devices, \vhich exist, \vhich are constructed as part of the de\reloplnent of the
Property which are approved by the City, which are appro\red by the Associatiol1 u11der
authority contained in the GO\Ten1ing DOCUluents or the Act, or which are described or
referred to in the Plat, this Declaratio11 or other recorded instrulnents. Each Ul1it, and the
rights of the Owners and Occupants thereof, shall also be subject to and benefited by a nOll-
exclusive, easeInent in favor of the other Units, the COl11ffion Elelnents and the Association
for all such utilities, services, security, fire control and other COlTIlllOn operating systems.
Utilities and related services or systems shall be installed, used, Inaintained and repaired so
as not to interfere \vith the use and quiet enjoytnent of the Units by the Ovvners and
Occupants, 110r affect the structural or architectural integIity of the Building, Ul1its or
COlumoll Elelnel1t improvelnel1ts. In addition, each Unit shall be subjected to and benefited
by nonexclusive easelnents for access to and froln all bathroOlns located ill the COlnInOll
Elen1ents.
12.7 Elnergencv Access to Units. In case of elnergency, all Ullits and Lilnited
COInInO!l Elelnellts are subject to an easelnent, vvithout notice and at any ti111e, in favor of
the Association for access by the Associatioll'S Inanagelnent agents, and in favor of fire,
police or other public safety persol111el.
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12.8 Proiect Signs. Declarant and the Association shall have a non-exclusive
easelnent and right to erect and maintain temporary and permanent signs and related
monUluents identifying the common interest community on the Common Elements and on
Units owned by the Declarant. Those parts of the Property on which lTIOnUment signs or
related decorative ilnprovements are located shall be subject to non-exclusive easelnents in
fa\Tor of the Association for the contilluing use, maintenance, repair and replacement of said
signs and improvements.
12.9 Declarant's Easements. The Units and COlnmon Elements are subject to
exclusi\!e easements in favor of the Declarant for the exercise of its Declarant Rights as
described in the Governing Documents.
12.10 Other Easements. The Property shall be subject to such other easements as
may be recorded against the Property by reason of the City's requirelnents in connection
with the development of the Property.
12.11 Continuation. Scope and Conflict of Easements. The easelnents set forth in this
Section (i) shall run with the land and shall be appurtenant to the benefited Property, (ii)
shall supplement and not limit any easelnents described elsewhere in this Declaration, or
othenvise recorded, (iii) shall be permanent, subject only to tennination in accordance with
the terlns of the easement, and (iv) shall include reasonable access to the easelnent areas
over and through the Property for purposes of construction, Inaintenance, repaIr,
replacement and reconstruction.
12.12 Non Interference: Ilnpailment Prohibited. All Persons exercising easelnent
rights shall do so in a reasonable manner so as 110t to lnaterially il1terfere with the operatioll
of the Property or damage to the Property, alld shall be financially liable for all costs of
repair of allY part of the Property \\Thich is dmnaged by the Person's exercise of the easelnent
lights. No Persoll shall ilnpair, obstluct or cause dalnage to any easement area, or
improveluents or equiplnent installed therein, Notwithstanding anything in this Declaration
to the contrary, no Owner or Occupant shall be denied reasonable access to his or her Unit
or the right to utility services thereto.
12.13 Benefit of Easelnents. All easelnents benefitillg a Unit shall benefit the
Owners and Occupants of the Unit, and their illvitees. However, a11 Owner who has
delegated the right to occupy the Unit to an Occupant or Occupallts, whether by a lease or
otherwise, does not have the use and other easernents rights in the Propeliy dUling such
delegated occupancy, except (i) as a guest of an Owner or Occupant or (ii) in connection
with tIle inspectio11 of the Unit or recovery of possession of the U11it pursuant to law.
SECTION 13
COl\1PLIANCE AND REl\1EDIES
Each OWller alld Occupa11t, and allY other Person ownillg or acquiring any interest ill
22
the Property, shall be governed by and cOlnply with the provisions of the Act, the Governing
Documents, the Rules and Regulations, and such amendments thereto as may be Inade from
time to time, and the decisions of the Association. A failure to comply shall entitle the
Association to the relief set forth in this Section, in addition to the rights and remedies
authorized elsewhere by the Governing DOCUlnents or the Act
13.1 Entitlelnent to Relief. Legal relief Inay be sought by the Association, at its
discretion, against any Owner, or by an Owner against the Association or another Owner, to
enforce compliance with the Governing Docull1ents, the Rules 811d Regulations, the Act or
the decisions of the Association. However, no Owner may withhold any Assessments
payable to the Association, or take or omit other action in violation of the Governing
Documents, the Rules and Regulations or the Act, as a Ineasure to enforce such Owner's
position, or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
adlninistrative or legal, the Association shall have the right (or the obligation if so indicated)
to ilnplement anyone or more of the following actions against Owners and Occupants
and/or their invitees, who violate the provisions of the Governing Documents, the Rules and
Regulations or the Act:
13.2.1 COlTIlnenCe legal action for damages or equitable relief in any court of
cOlnpetent jurisdiction.
13.2.2 Impose late charges of up to the greater of one hundred dollars, or
fifteen percent of the amount past due, for each Assessment or iIlstalllnent thereof
past due lTIOre than thi11y days, al1d ilnpose i11terest at the highest rate pennitted by
law accruing begirulin,g on the first day of the lTIonth after the Assesslnent or
instal11nent \vas due. In the absence of a Board resolution establishing a late charge,
the late charge shall be one hundred dollars for each late payment alld shall be
autolnatically imposed.
13.2.3 In the event of default of luore than thirty days in the pa)'lnent of any
AsseSSlnent or i11stallment thereof, all relnaining installlnents of Assessmellts levied
agail1st the Unit owned by the defaulting O\vner, together with any late paytnent
charges, interest, attorneys' fees and other costs of collection, may be accelerated by
the Board and shall thel1 be payable in full if not paid within ten days after receipt of
notice from the Association.
13.2.4 Ilnpose reasonable fines, penalties or charges for each violation of the
Act, the Goverl1illg DOCUlnents or the Rules and Regulations.
13.2.5 Restore any portions of allY COl11lnOl1 Elelnents, Ullit, or LiInited
C01111nOn Elell1ellts dalnaged or altered, or allowed to be damaged or altered, by any
OWller or Occupallt or their invitees ill violation of the Governing DOCUlnents, alld to
assess the cost of such restoratioll agai11st the responsible Owners alld their Units.
?"
_J
13.2.6 Enter any Unit or Liluited Common Element in which, or as to which,
a violation or breach of the Governing Documents or the Rules and Regulations
exists which materially affects, or is likely to materially affect in the near future, the
health or safety of the other Owners or Occupants, or their invitees, or the safety or
soundness of any other part of the Property or the property of the Owners or
Occupants, and to sUlnmarily abate and remove, at the expense of the offending
Owner or Occupant, any structure, thing or condition in the Unit or Limited
Common Elelnents "'Thich is causing the violation; provided, that any improvements
which are a part of a Unit l11ay be altered or removed only pursuant to a court order
or with the agreelnent of the Owner.
13.2.7 Foreclose any lien arising under the provisions of the Governing
Documents or under law, in the manner provided by the Act and Section 6.
13.3 Rights to Hearing. Before the imposition of any of the remedies authorized by
Section 13.2.4, 13.2.5 or 13.2.6, the Board shall, upon written request of the offender, grant
to the offender an opportunity for a fair and equitable hearillg as contelnplated by the
Goven1ing Documents and the Act.
13.4 Lien for Charges. Penalties Etc. Any charges, filles, expe11ses, penalties, interest
or other impositiollS under this Section shall be a liell agaillst the Unit of the Owner or
Occupant against WhOlTI the san1e are imposed and the personal obligation of such Owner in
the saIne lnanner and with the saIne priority alld effect as AsseSSll1ents under Section 6. The
lien shall attach as of the date of imposition of the relnedy, but shall not be final as to
violations for which a hearing is held until the Board lnakes a writtell decision at or
followillg the hearing. All relnedies shall be cumulative, and the exercise of, or failure to
exercise, any remedy shall not be deemed a waiver of the Association's right to pursue allY
others.
13.5 Costs of Proceeding and Attornevs' Fees. With respect to any collectiol1
l11easures, or any measures or action, legal, adlninistrative, or otherwise, which the
Associatiol1 takes pursuant to the provisions of the Act, Govemillg Doculnents or Rules and
Regulations, whether or not finally determined by a couli or arbitrator, the Associatiol1 lTIay
assess the Unit owned by the violator vvith any expel1ses incuITed in connection \vith such
enforcelnent, including without limitation filles or charges previously ilnposed by the
Associatioll, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on
the delinquellt alTIOunts owed to the Association. Such expenses shall also include any
collection or contingency fees or costs charged to the Association by a collection agency or
other Person acting on behalf of the Association in collectil1g allY delinquellt mnounts owed
to t11e Association by an Owner or Occupallt. Such collection or contillgency fees or costs
sIlal1 be the personal obligation of the O\Vller of the Unit atld shall be a lien against such
OWl1er's Unit.
13.6 Liability for Acts of Owners alld Occupallts. All Owner shall be liable for the
expense of IDlY lnaintenallce, repair or replacemellt of the Propeliy relldered llecessary by
such OWl1er's acts or olnissions, or by that of Occupal1ts or inv"itees ill the OWller's Unit, to
24
the extent that such expense is not covered by the proceeds of insurance carried by the
Association or such Owner or Occupant. However, any insurance deductible amount and/or
increase in insurance rates, resulting from the Owner's acts or olnissions may be assessed
against the Owner responsible for the condition and against his or her Unit.
13.7 Enforcement bv Owners. The provisions of this Section shall not limit or ilupair
the independent rights of Owners to enforce the provisions of the Governing Documents, the
Rules and Regulations, and the Act as provided therein.
SECTION 14
SPECIAL DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the
following special declarant rights within the meaning of Section 515B.I-I03(32) of the Act
for as long as it owns a Unit, or for such shorter period as may be specifically indicated:
14.1 Complete I1nprovements. To cOlnplete the Building, Units and other
improvements indicated on the Plat, or otherwise included in Declarant's developlnent plans,
or authorized by the City or the Declaration, and to lnake alterations in the Units ovvned by
the Declarant and the COlnlllon Elements to accommodate the exercise of any special
declarant rights.
14.2 Rights to Relocate Boundaries and Subdivide and Convert Units. Declarant
shall have the right and authority to (i) relocate the boundaries of any Unit owned b.y it
pursuant to Section 515B.2-114 of the Act; (ii) combine Units; and (iii) create additional
Units, Common Elements alld Limited Common Elements, or any combination thereof, by
the subdivision of any Units owned by it and identified on the Plat, pursuant to Sectiol1
515B.2-112 of the Act
14.3 Relocate Boundaries and Alter Ul1its. To relocate boul1daries betvveen Units and
to otherwise alter Units owned by it, to the extent pennitted by the Act.
14.4 Marketillg Facilities. To construct, operate and maintain a sales office,
managelnent office, Inodels, alld other de\Teloplnent, sales and rel1tal facilities \vithin the
COffilnon Elelnents, and within any Units owned or leased by Declarant froIn thne to time
located anywhere on the PropertyT.
14.5 Signs. To erect and lnaintain signs and other sales displays offeri11g the Units
for sale or lease, in or 011 any Unit owned by Declarant and on the COlnlllOl1 Elelnents.
14.5 Easelnellts. To ha\Te and use easel11ellts for itself, its elnployees, C011tractors,
representatives, agents, prospecti\ie purchasers 014 other illvitees through alld over the
COlllillon Elements for the purpose of exercisillg its special declarallt rights.
14.7 Control of Association. To control the operatioll and adlninistration of the
25
Association, including without limitation the power to appoint and remove the Inembers of
the Board pursuant to Section 515B.3-103 of the Act, until the earliest of: (i) voluntary
surrender of cOlltrol by Declarant, (ii) an Association meeting which shall be held within
sixty days after conveyance to O\vners other than Declarant of seventy-five percent of the
total number of Units authorized to be included in the Propeliy or (iii) the date three years
fallowing the date of the first conveyance of a Unit to an Owner other than Declarallt.
Notwithstanding the foregoing, the Owners other than Declarant shall have the right to
nominate and elect not less than thirty-three and one-third percent of the directors at a
meeting of the Owners which shall be held within sixty days following the conveyance by
Declarant of fifty percent of the total number of Units authorized to be included in the
Property.
14.8 Consent to Certain Amendlnents. Declarant's written COllsent shall be required
for any amendment to the Governing Documents or Rules and Regulations so long as
Declarant owns any Unit for initial sale.
SECTION 15
AMENDMENTS
15.1 Approval Requirements. This Declaration may be amended only by the
appro\Tal of:
15.1.1 The Board.
15.1.2 Owners of Units to which are allocated at least sixty-se\ien percent of
the total votes in the Association.
15.1.3 Declarant pursuant to Section 14.8.
15.2 Procedures. Approval of the Owners Inay be obtained ill \vriting or at a meetillg
of the Association duly held in accordance with the Bylaws. COllsent of the Declarant shall
be in Vlliting. Any amendlnent shall be subject to allY greater requirylnellts ilnposed-by the
Act The alnendmellt shall be effective when recorded as pro\Tided in the Act All affida"vit
by tIle Secretary of the Association as to the outcolne of the vote, or the execution of the
foregoing agreements or consents, shall be adequate e\lidence thereof for all purposes,
including \vithout lilnitation, tIle recording of the alllelldlnent.
l\tIISCELLANEOUS
16.1 Severability. If an)' tel1n, covellallt, or provisiol1 of this instrul11ellt or any
exllibit attached hereto is held to be illvalid or ullenforceable for allY reaSOll whatsOe\ier,
such dete11ninatio11 shallllot be deemed to alter, affect or illlpair in any Inanller whatsoe\ler
allY other portion of this Declaratioll or exhibits attached l1ereto.
16.2 COllStructioll. WIlere applicable, the 111asculine gel1der of any word used hereil1
26
shall mean the feminine or neutral gender, or vice versa, and the singular of any word used
herein Shall Inean the plural, or vice versa. References to the Act, or any section thereof,
shall be deemed to include any statutes amending or replacing the Act, and the comparable
sections thereof.
16.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to a demand by the Association against Declarant for indemnification pursuant to
the Act, the Association shall promptly tender the defense of the action to its insurance
carrier, and give Declara11t (i) written notice of such tender, (ii) written notice of the specific
nature of the action, and (iii) an opportunity, to defend against the action.
16.4 Notices. Unless specifically provided otherwise in the Governing Documents or
the Act, all notices required to be given by or to the Association, the Board, the Association
officers, or the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
16.5 Conflicts AInong Doclilnents. In the event of any conflict among the provisions
of the Act, the Declaration, the Bylaws and allY Rules or Regulations, the Act shall control
unless it permits one or lTIOre of the Governing Documents to controL As among the
Declaration, the Bylaws and any Rules and Regulations, the Declaration shall control, and as
between the Bylavls and allY Rules and Regulations, the Bylavvs shall control.
16.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens
and charges contained ill this Declaration shall be perpetual, subject only to tennination as
provided ill this Declaratioll and the Act.
IN WITNESS WHEREOF, the undersigIled has executed this instrument the day and
year first set fOlih ill accordallce with the requirelnents of the Act.
NOTARY SIGNATURE BLOCK REl\10VED
27
COMMON INTEREST COMMUNITY NO.
NEW HOPE ONE INDUSTRIAL CENTER
EXHIBIT A TO DECLARATION
SCHEDULE OF UNITS
Unit Number Undivided Percentage Interests
1 %
2 %
""'t %
.)
4 %
5 I %
6 1 %
28
COMMON INTEREST COMMUNITY NO.
NEW HOPE ONE INDUSTRIAL CENTER
EXHIBIT B TO DECLARA TION
DESCRIPTION OF PROPERTY
[INSERT LEGALS]
EXHIBIT B-1
SITE PLAN
29
COMMON INTEREST COMMUNITY NO.
NEW HOPE ONE INDUSTRIAL CENTER
CONSENT BY MORTGAGEE
The undersigned (the "Mortgagee") is a mortgagee of portions of real property
described in the Declaration of New Hope One Industrial Cel1ter (the "Declaration").
Mortgagee hereby consents to this Declaration; provided, that by consenting to this
Declaration, (i) the Mortgagee does not in any manner constitute itself or obligate itself as a
Declarant as defined in the Declaration, (ii) such consent does not lTIodify or amend the
terms and conditions of the Mortgage and related loan documents, and (iii) the Mortgage
shall remain as a lien on the property described therein, prior to any Assessment liens or
other liens imposed under the Declaration, until released or satisfied.
IN 'VITNESS WHEREOF, the Mortgagee has caused this Consent to be executed
on day of _ day of ,
NOTARY SIGNATURE BLOCKRE1\10VED
30
Rules and Regulations for New Hope One Industrial Center.
The undersigned, as the first Board of New Hope One Industrial Center, and in
accordance with paragraph 5.6 of the Declaration of Cormnon Interest Community
("Declaration") and pursuant to Minnesota Statutes Chapter 515B hereby adopts these
Rules and Regulations ("Rules"). To the extent that these Rules differ from the
Declaration, the provisions in the Declaration shall prevail.
31
NORTHWEST ASSOCIATED CONSULTANTST IN C .
4800 Olson Memorial Highway, Suite 202, Golden Van ey, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 _2561 planners@nacplanning.com
MEMORANDUM
TO: New Hope Planning Commission
Kirk McDonald
FROM: Alan Brixius/ C. Carlson
DA TE: March 28, 2006
RE: 4301 Quebec Ave N- New Hope One, LLC
NAC FILE: 131.01 06.04
New Hope One, LLC has requested a PUD/CUP to accommodate a condominium
"industrial re-platting of the" existing building at 4301 Quebec Avenue North in the city of
New Hope.
Location
The site is a single parcel in central New Hope. The site is located at 4301 Quebec
Avenue North, and is bounded by industrial uses to the north and east, a restaurant
business to the south, and multifamily residential uses to the west.
Zoning
The current zoning is I, Industrial. The PUO/CUP designation will allow for multiple
building owners on a single lot, and a slight reduction in required open/green space.
Aside from these details, the development should meet the conditions of an industrial
zone as provided by the Zoning Ordinance.
Review of Plans Submitted to City
The following review evaluates development plans and subsequent revisions submitted
to the city for review. The plans qre generally acceptable, with a few issues remaining to
be addressed. The biggest issue for Planning Commission discussion relates to trash
enclosures on site, and whether a park dedication fee shall be assessed to the property.
Plat
No major changes are needed, except for snow storage consistency with landscaping
plan (see below). Drainage and utility easements (10') are included on the plat.
Site Plan (A1.0)
Parking
The city Zoning Ordinance requires one parking stall per 25 parking spaces. A total of
four spaces are provided, which is appropriate for the 96 parking spaces on site.
Parking spaces northeast and southeast of the building could be removed from the plan
to ease circulation constraints on the site. The planning commission should comment on
any impacts these parking spaces may have on the circulation pattern.
Square Feet Required Parking
10,540 38 1 per 300 s.f.+ 3 s aces
15,810 32 @ 1 per 500 s.f.
26,350 18+ @ 1 per 1 ,500 s.f. + 1/company vehicle
52,700 88 s aces 92 surface +4 ara e provided
Circulation
The circulation pattern appears functional for most vehicular traffic through the site. The
developer added signage to revised plans to help prevent conflicts with parking traffic.
The developer indicates one-way traffic flow in the lane east of the building, and two-
way traffic flow west of the building. A 'Do Not Enter' sign should be posted at the north
end of this driveway to prevent wrong-way traffic. Truck turning- radii show truck
. circulation. The circulation patterns have been reviewed by the Fire Department to
ensure access by emergency vehicles is provided.
. uNo Parking" signs should be added to the bump-outs on the northbound east
driveway. Other additional signage may be required, per direction of the Building
Official.
Fence
The western property fence is scheduled for replacement. The applicant submitted
revised plans that indicate the fence will be a six-foot chain fink fence with white slats.
Staff feels this fence type is appropriate for the site. Additional landscaping may be
required on the property line (see landscaping, below)
Snow Storaqe
The paved surface of the three-acre site generates substantial snow storage demand.
Snow storage is indicated on the w.est property line. Snow storage is indicated on the
plat, but it is in conflict with the landscape plan. Ensure consistency in storage locations
between development plans. The storage location indicated on the plat is not
acceptable.
" The applicant submitted revised plans that indicate Hit is understood that to the
extent the storage capacity on site is insufficient, the snow would be hauled away
by a third-part vendor" at the cost of the property owner association. "Association
documents should be updated to include this provision.
e Snow storage must not occupy required parking stalls or interfere with truck
circulation patterns on site.
Trash Handling
The developer identifies areas for trash storage to occur, but does not propose to build
the storage locations concurrent with other building improvements and re-platting. City
Code requires that trash handling equipment such as dumpsters be screened from use,
or kept inside a building. The applicant submitted revised plans that establish a design
for the dumpster storage area. The enclosures will match the building color and
2
material. The applicant does not propose to build these enclosures, and proposes that
individual owners may wish to handle trash within the building, or will provide the
enclosures at their own expense, following the design indicated on revised plans.
The city should discuss whether to allow per-unit construction of trash handling facilities.
Advantages of allowing trash handling at the unit-level include flexibility for uses that do
not produce heavy trash volumes and can handle trash internally, or owners who
purchase and combine units. Appropriate design measures are in place to provide for
consistency between enclosures and location for such construction. Advantages of
mandating construction of trash enclosures with the building approval include ensured
consistent visual appearance of trash enclosures, and established locations for trash
handling facilities and equipment.
Whether the city mandates construction now or provides flexibility to individual unit
owners, trash handling plans must be approved by the building official prior to issuance
of a certificate of occupancy for each unit.
Landscape Plan (LA1)
Despite the existing use falling below the city minimum 20 percent green space, the
landscape plan is generally acceptable, but some issues must be addressed:
. The species of trees on the west property fine shall be identified. The applicant's
revised narrative indicates the tree species have been identified on landscape
plans, but the species are not labeled on the plans.
e The city should discuss whether additional trees should be planted on the west
property line. The developer did not add trees to fill the ugap" in trees along the
west property line, citing the new fence, limited room on site, and the blank
building wall as reasons. Snow storage is another possible limiting factor. The
city should evaluate the landscape plan and photos of the existing building to
determine whether additional trees are necessary in this area.
. Per staff request, the spacing of the hedge rowan the front of the property has
been adjusted to match the mature size of the chosen species.
Liqhtinq (L 1.0)
. The lighting plan indicates that fixtures are mounted on the existing building.. The
applicaht should specify the mounting height on the structure for these fixtures.
. A revised lighting plan shows light levels' at the west property line. A total of 0.4
or less foot candles are allowed at the property line, but in some locations the
light exceeds this level. While a slatted fence will limit fight trespass, the planning
commission may require additional screening in these areas.
. In response to a request by the New Hope Police Department, the applicant
provided additional pole-mounted parking lot lighting. The applicant added pole-
mounted light fixtures on the northeast and southeast corners of the parking lot.
The height of pole-mounted fixtures is 22 feet.
e Parking lot lighting is also provided by Excel Energy lighting on the west side of
the property.
3
Architecture- Floor plans (A2-A3)
Planned improvements to the building and site include: Chip seal and stripe parking lot,
expanded parking at east entrance for accessibility, replace dock doors on south side
for uniformity, improved landscaping, improved wall mounted lighting, eliminate parking
on west side of building for improved circulation.
. Individual business names and suite numbers shall be identified on interior
corridor doors and building entrances. The applicant confirmed this in a revised
plan narrative.
1& Individual owners (not the association) shall be billed for any alarm calls from the
police department or other emergency service fees.
Sianaqe (A3)
The developer's requests for two freestanding monument signs was determined to be
acceptable to staff, provided the signs correspond to the condo owners on each side of
the building (north and south).
. The monument sign sizes are acceptable to staff at 56 square feet each.
It The applicant requests six individual wall signs of up to 75 square feet to identify
each business on the site. These signs will be permitted individually by unit
owners.
e One wall sign will be allowed for each unit owner. In the case of combined units,
only one sign will be allowed for business identification purposes.
. The Sign Ordinance allows multiple-occupancy buildings to submit a
comprehensive sign plan that exceeds the single-occupancy signage limit for an
industrial building. Up to 15 percent of the wall area may be used for
identification signage (one per owner), so long as no individual sign exceeds 100
square feet and exterior entrances to the unit are present.
s Individual exterior doors and interior corridor doors shall identify the business
name of the tenant use. Separate suite numbers shall be used for each condo. In
revised plans, the applicant indicated this numbering method will be used.
Park Dedication Fees
In a letter to the Community Development Director, the applicant expressed an
objection to being assessed a park dedication fee. The city attorney felt the fee was
appropriate, given the re-platting, the intensification of use, and the reasonable nexus
between parks demand and employment in New Hope. It may be noted that other
properties in New Hope have been re-platted without assessing a fee, but plat status is
not the lone determinant of whether a fee should apply. The City Council shall ultimately
determine whether to assess a fee, based on discussion with the City Attorney and
applicant.
4
Conditions for Approval
Staff feels the change in use and ownership structure of the property is appropriate for
the site. Staff recommends approval of the PUO/CUP subject to the following
conditions:
1. Site circulation signage improvements, including "No Parking", "Do Not Enter",
and other signage as required by the Building Official.
2. Snow storage shall not occupy required parking stalls, and will be limited to the
\I\fest property line of the site.
3. Condominium Association documents shall describe a need to hire snow removal
firms as needed when indicated snow storage is overwhelmed
4. Lighting design on the west property line shall be revised to provide compliance
with light trespass regulations (0.4 footcandles at the property line)
5. Applicant shall complete all building improvements as described in application
materials.
6. Condominium Association documents shall be revised to explicitly state that any
emergency/police alarm charges will be the responsibility of individual owners.
7. Trash handling plans must be submitted to the Building Official for each unit,
prior to issuance of a Certificate of Occupancy.
8. Other conditions as determined by City Attorney, City Engineer, city staff,
Planning Commission, and City Council.
The city shall determine whether to establish these additional conditions for approval:
1. The applicant shall pay all fees associated with development of the property,
including park dedication and stormwater management fees.
2. Additional trees shall be added to the west edge of the property to provide
additional screening of the industrial use, particularly in existing ugaps" in tree
cover.
3. Trash handling areas shall be constructed by the developer in conjunction with
the development and re-platting of the property. Trash storage shall be
constructed as indicated on revised development plans.
5
Jl]j Bonestroo 2335 West Highway 36 · St. Paul, MN 55113
-=:IiI Rosene
1\11 Anderlik & Offi ce: 651-636-4600 · Fax: 651-636-1311
Associates www.bonestroo.com
Engineers & Architects
TO: Kirk McDonald
FROM: Vince Vander Top, Jason Quisberg
DATE: March 29, 2006
SUBJECT: New Hope One - 4301 Quebec Ave N: Plan comments (II)
Our File No. 34-Gen NW17.06.03
We have received the revised plans for the proposed conversion of warehouse building to
industrial condominiums on the property at 4301 Quebec Avenue North. The following
comments, along with any previous comments, should be considered in the review of the
application:
1. A storm water fee is to be determined. The fee is determined based on a calculated
cost for the storm water pond required to treat runoff from the site. Below is a
calculated storm water fee for this property using typical values for similar properties
within the city:
Site Area 131,177 SF Total site area less street/utility esmt
Less Building Footprint 50,366 SF
80,811 SF
Pond Cost $0.20 $/SF Typical pond construction cost
Storm Water Fee $16,162.20
End of Comments
If you have any questions or concerns please contact me at 651-604-4790.
· 81. Paul, 81. Cloud, Rochester, Willmar, MN · Milwaukee, WI · Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
J1j Bonestroo 2335 West Highway 36 · St. Paul, MN 55113
~ Rosene
1\l1 Anderlik & Office: 651-636-4600 · Fax: 651-636-1311
" Associates www.bonestroo .com
Engineers & Architects
TO: Kirk McDonald
FROM: Vince Vander Top, Jason Quisberg
DATE: March 30, 2006
SUBJECT: 4301 Quebec Ave N: eIe plat comments
Our File No. 34-Gen NW17.06.03
We have received the preliminary ere plat for 4301 Quebec Avenue North. The following
comments should be considered in the review of the plat:
1. IO-foot drainage and utility easements should be provided along all property lines.
2. The right-of-way along Quebec Avenue should be platted to complete the 30-foot
width. Additional drainage and utility easement should be provided along the 30-
foot-wide ~ right-of-way.
3. No cross-easements are shown along the north property line. Shared access across
the property line is technically not acceptable unless appropriate easements are in
place.
End of Comments
If you have any questions or concerns please contact me at 651-604-4790.
· St. Paul, St. Cloud, Rochester, Willmar, MN · Milwaukee, WI · ChicagoJ IL
Afrlrmative Action/Equal Opportunity Employer and Employee Owned
JENSEN & SONDRALL, P.A.
Atto14neys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKL YN PARK, MINNESOT A 55443-1968
TELEPHONE (763) 424-8811.TELEFAX (763) 493-5193
GORDON L. JENSEN! e-mail la\v@jensen-sondralI.com
CLARISSA 1\1. KLuG Jf/riter's Direct Dial No.: (763) 201-0222
~~\1Y E. PAPENH.""USEN e-nza if clrzk@jensen-sondrall. com
GLEN A.. NORTON
STEVEN A. SONDR.\LL March 30, 2006
ARIC T. STIENESSEN
STACY A. WOODS Kim Green VIAE-MAIL & US MAIL
Community Development Intern
City of New Hope
OF COUNSEL 4401 Xylon Avenue North
LORENS Q. BRYNESTAD New Hope, MN 55428
Re: Ne\v Hope One, LLC Application for Planned Unit Development Replat
Our File No.: 99.20604
Dear Ms. Green:
We have reviewed the application of New Hope One, LLC for the subdivision of the 4301 Quebec
Avenue North property into six (6) industrial common interest community (CIC) units. As the plat
sketch portion of the PUD application is in traditional subdivision plat form but instead created in a
format contemplated by the CIC Act (Chapter 115B of the Minnesota Statutes), the sketch will be
reviewed in detail by the County before recording. Accordingly our office has not revie\ved the
plat sketch details for compliance 'With applicable ele law.
In terms of site design, the PUD application states that the intended redevelopment of the current
building on the site (which building is already separated into six areas with separate entrances) \vill
largely follow the current site configuration. In particular, the application states that existing
conditions for lot coverage, parking setbacks and curbing will be followed. Given that statement,
the PUD agreement between the applicant/owner(s) and the City does not appear to require a great
deal of detail in terms of approving deviations from the City Code and placing conditions on those
allowances. The following are suggested logistical matters to consider:
1. The PUD Agreement should include diagrams, legal descriptions and any applicable
restrictions and/or requirements with regard to any easement or right of way conditions
imposed on the site but for whatever reason not included in the plat sketch by the
applicant. This will allo\v (a) proper notice to the public and (b) a basis for efficient
enforcement of the conditions.
2. In terms of the shared access at the north property line, we concur with the City
Engineer's comment that a formal cross easement agreement should be signed if none
currently exists, and the new qr existing cross easement agreement should be put of
record with the County Registrar of Titles.
I Real Property Law 3. To the extent that the applicant's final signage requests are granted subject to particular
Specialist Certified By
The Minnesota State conditions, those conditions should be included as a separate section of the PUD
Bar Association Agreement.
Other areas of general concern you may \vant to review internally if you have not already are
March 31, 2006
Page 2
whether any particular provisions need to be made for access rights for emergency vehicles or City personnel into any
common areas of the ele, whether any additional steps need to be taken by the applicant to ensure proper and safe access
and parking under the eIe ownership model, and efficient use of land in terms of utilities, ongoing maintenance, etc.
As always, feel free to contact us with any follow up questions you may have.
Sincerely,
Clarissa M. Klug, Assistant City Attorney
cc: Vince VanderTop, Ne\v Hope City Engineer (via e-mail only)
Alan Brixius, City Planner (via e-mail only)
Steven A. Sondrall, New Hope City Attorney (via email only)
P: \Attorney\Cmk\Clients\CNH\99~20604\New Hope One LLC-O I-Letter re CIC plat & PUD application. doc
JENSEN & SONDRALL, P.A.
Attorlzeys At Law
! 8525 EDINBROOK CROSSING, STE. 20.1-
BROOKL YN PARK, ML'1NESOTA 55443-1968
TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193
GORDON L. JENSEN1 e-mail la,v@jensen-sondrall.com
CLARISSA M. KLUG
GLEN A. NORTON
AJ\;fY E. P APE!\THAUSEN March 22, 2006
STEVEN A. SONDRALL
ARIC T. STIENESSEN
STACY A. WOODS
VIA E-MAIL TO kmcdonald(@,ci.new-hope.mn.us
AND BY REGULAR U.S. MAIL
OF COUNSEL
LORENS Q. BRYNESTAD Kirk McDonald
Community De"velopment Director
City of New Hope
4401 Xylon Avenue North
New Hope, 1\1N 55428
Re: Park Dedication Fees - CommerciaIJIndustrial
CIC Plats
OUf File No.: 99.10011
Dear Kirk:
This letter is in follow up to our recent staff meeting concerning Planning Cases 06-03 and 06-04
relating to the redevelopment of properties at 7100 27th Avenue North (old Egan-McKay property)
and 4301 Quebec ( New Hope One LLC property). You asked me to comment on the City's ability
to assess park dedication fees against these developments. It is my opinion park dedication fees can
be required from these developments as long as the properties are being replatted, the use of the
properties subsequent to their replatting and redevelopment is intensified and there is a reasonable
connection or nexus bet\veen the intensified use and the park dedication fees charged. Based on our
discussion at staff level, the answers to these issues are all in favor of charging the fee.
Basically, our authority to charge park dedication fees is found at Milt/z. Stat. 9462.358(2)(b) and
(2)(e). Please keep in mind that when we accept a cash payn1el1t in lieu of a land dedication, the
funds must be placed in a special fund and used only for the specific purpose for which said funds
were obtained. As an example, when we collected the park fee from Winnetka Greens we used it
for new parle equipment for Elm Grove Park. There was a reasonable nexus between the
development and the use of the park adjacent to the development. This satisfied the statute's nexus
requirement and specific use of funds requirement.
Also, if there is an objection to payment of the fees by the Developers, we cannot condition our
approvals on payment of the fees. (see Milt1l. Stat. S462. 358(2) (c). In that circumstance, the
approvals would need to be provided however the Developer would be required to escrow funds
subsequent to putting the City on written notice of the objection, Further, the Developer would be
required to appeal the payment requiremel)t to District Court within 60 days of the plat approval to
determine if the fee is valid. If the Developer failed to timely file the appeal of the fee payment, the
IReal Property Law fee payment would be valid and require.d as a matter of law.
Specialist Certified By
TIle Minnesota State If you have any further questions or comments regarding payment of the park dedication fees
Bar .A.ssociation
~Admitted in Iowa please contact me or Clarissa Klug. As you mo\v, I will be out of the office until April3rd.
Very truly yours,
Ste\ren A. Sondrail, City Attorney,
City ofNe,v Hope
JFN~FN & SONDRALL. P.A.
(i) Park dedication.
(1) Dedication required. As a condition of approval of any plat, replat, subdivision or lot
division allowing development of land for residential, commercial, industrial or other
uses or combination thereof, a reasonable portion of the land to be divided must be
dedicated to the public or preserved for public uses as parks, playgrounds, trails or open
space. This requirement applies to plats, replats, subdivisions or lot divisions that (i)
create at least one additional lot or provide for at least one additional dwelling unit, or (ii)
combine lots for the purpose of development involving changes or mixed land uses or the
intensification of uses, or (iii) consist of a planned unit development as defined and
regulated by the zoning code. The dedication requirements are not satisfied if the city
reasonably determines that the land proposed for dedication is unsuitable for public
recreational use. The dedication required by this section is in addition to dedication
required for streets, roads, utilities, storm waterponding areas or similar utilities and
improvements.
(2) Amount required. The amount of land required for dedication is based upon the
gross land area to be subdivided and equals the land the city reasonably frnds it will need
to acquire for park or other recreational purposes as a result of approval of the land
division. Generally, ten percent of the gross land area to be subdivided must be dedicated
for residential subdivisions and five percent for commercial and industrial subdivisions.
(3) Cash payment in lieu of dedication. The city may require a cash payment in lieu of
land dedication. In determining to require payment or dedication, the council will
consider such factors as whether the land is needed in the proposed location, whether the
proposed dedication is suitable for the intended use and whether a cash payment would
be more beneficial to development of the entire park system.
(4) Amount of cash payment. The cash payment in lieu of dedication is determined by
the fair market value of the undivided lal1d as determined by the city assessor at the time
of final plat approval, including the value added by existing utilities, streets and other
public ilnprovements serving the property, but excluding the value added by all other
existing improvements to the lalld. The casll payment is determined by applying the
appropriate percentage stated in subsection (i)(2) to the fair market value as determined
by the assessor. The maximum cash payment in lieu of land dedication shall be calculated
as follows:
a. Single-family dwelling: $1,500.00 per unit.
b. Two family dwelling: $750.00 per unit.
c. Multiple family dwellings (three or more): $500.00 per unit not to exceed $5,000.00
per acre.
d. Commercial and/or industrial subdivisions: $2,500.00 per acre.
(5) Park and open space fund. Cash payments in lieu of dedication are payable at the
time of final subdivision approval. The payment must be placed in a special fmld
established by the city to be used solely for the purposes of acquisition, development or
improvement of parks, playgrounds, trails, opell space or as otherwise provided by
Milmesota Statutes.
(6) Partial dedication. The city may accept a dedication of land in an amount less than
that specified ill subsectiol1 (i)(2) and require a cash payment equivalent to tIle balance of
the dedication requirement. The partial cash payment is determined by subtracting the
percentage of land actually dedicated from the percentage of land required to be
dedicated under subsection (i)(2), and applying the resulting percentage to the fair market
value of the proposed subdivision.
(7) Credit for private land. A credit of up to 25 percent of the dedication requirements
may be awarded for park and open space that is to be privately owned and maintained by
the future residents of the subdivision. A credit will not be awarded unless the following
conditions are met:
a. Private open space may not be occupied by non-recreational buildings and must be
available for the use of all the residents of the proposed subdivision;
b. Required building setbacks will not be included in computation of private open
spaces;
c. Use of the private open space must be restricted for park, playground, trail or open
space purposes by recorded covenants that (i) run with the land in favor of future owners
of property within the subdivision and (ii) cannot be defeated or eliminated without the
consent of the city council;
d. The private open space will be of a size, shape, location, topography and usability for
park or recreational purposes, or contain unique features which are important to be
preserved; and
e. The private open space must reduce the demand for public recreational facilities or
public open space occasioned by development of the subdivision.
(Code 072684; Grd. No. 92-16; Ord. No. 03-13, 9 1, 6-23-2003)
. ~ ~ I. . ~. +. + "~+. + ~ ~. . _ ~ + + + ~.. .. ~ . + . . ~ ~ + ~ r r' ... . ~ .
Ne\v Hope One, LLC
P.O. Box 211203
Eagan,1v1N 55121
March 23, 2006
Kirk McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Objection to assessment of Park Dedication Fees
Dear Kirk:
Thank you for forwarding the letter from Mr. Steven Sondrall dated March 22, 2006 in
which he indicates that the City may require a Park Dedication Fee from our project at
4301 Quebec Avenue North and another at 7100 27th Avenue North (Rome Companies,
LLC). Both projects are currently seeking approval from the city.
We hereby express our objection to the Park Dedication Fee. We understand that our
proj ect is the first time the city staff has dealt with the matter of subdividing an existing
industrial building into separate condominiums~ For that reason, we understand that this
will be the first time the Park Dedication Fee would be applied in such a case. It is
unfortunate that we received Mr. Sondralrs letter on the eve of his vacation and therefore
\ve were unable to address our reasons for objecting to the fee prior to the submittal afms
letter.
Mr. Sandral! writes" It is my opinion park dedication fees can be required from these
developments as long as the properties are being replatted, the use of the properties
subsequent to their replatting and redevelopment is intensified and there is a reasonable
connection or nexus between the intensified use and the park dedication fees charged.
We completely disagree that our project could be defined as an intensified use nor do we
believe there is any nexus betv/een the use and the proposed fee.
It is clear that our project is being Hlumped in" with the Rome Companies project in
making the determination of applying the fee. The only similarities are the application
for a replatting of the properties into individual industrial condQminiums. The
application for the"'ownership structure behveen the projects is the same, but the facts are
very different.
~ I .~., _ ....~ _ .. .~r"'. "'r~ u ~ ~ ""u _... _....... ~ +..... ~ u.... ...~..... _...._~.. u__.. ~7 _ ...... . ~ ~ ~ ~ ~. ..
Change in Type or Size of Structure - The Rome Companies project consists of the
complete demolition of2 existing structures totaling approximately 33,664 SF on 5.2
acres, 2.5 acres of which are currently undeveloped. In its place there will be 4 new
buildings constructed totaling 63,800 SF, a 900/0 increase in building area. The entire 5.2
acre parcel will be utilized compared with just 2.7 acres currently.
Our proposal does not reflect any changes in size to the existing structure. The building
is and will remain a 50,366 square foot structure. Since there is no change in building
square footage or the number of structures on site, there is no intensification of use as
shown by physical improvements on the site.
Zoning- We have not applied to change the use from industrial to a more intensive use
like multi-family or retaiL The property will remain an industrial property. Again there
is no correlation to an intensified use regarding the zoning.
O'\vnership - Currently the property is owned by an LLC made up of multiple members.
The change to a CIC with 6 owners of units compared \vith the current ownership by the
single LLC does not intensify the use. The property was designed and is currently
configured to allow for multiple tenancies. The fact the property may be subdivided into
separate ownership units does not in any way change the way the property has been
operated nor does the separate ownership create any burden on the City of New Hope.
If the property were to continue to operate as a multi-tenant industrial building, there
\vQuld be no requirement to pay the dedication nor would there be any restrictions on the
use other than those contained in the zoning code.
We don't believe there is any intensification of use as the structure will remain
unchanged and will be operated in the same maIUler than it has in the past The only
change \viII be in the potential for separate o\vnership of individual units.
Minnesota State Statute 462.358 requires a nexus bet\veen the dedication fees and the
purpose for the fee. The test is the intensification of use. As our project is really about a
change in ownership structure and NOT about physical structure, site area or type of uses
allowed there is no nexus or intensification of use. There is no cOIll1ection between the
proposed subdivision and the proposed park dedication fee. There is no additional burden
placed on the City by the potential for multiple owners just as if there were separate
partners in a general partnership each with a lease to their own business. In fact,
Minnesota State Statute 515B .1-106 addresses the issue on change of o\vnership structure
to a common interest community. Stating that a common interest community shall not be
treated differently than other forms of ownership. It specifically reads:
(a) Except as provided in subsections (b) and (c)) a zoning, subdivision, building
code, or other real estate use law, ordinance, charter provision, or regulation
nzay not directly or indirectly prohibit the COlnlnon interest com7nunity fornt
of ownership or impose any requirement upon a con-znzon interest community~
~u._~+.....~.~_~.....___.~ ..~......_... __++r ~ r. ..~..~~..~~~~~.~.. . ~. r. . . r r r ..
upon the creation or disposition of a common interest corrZmunity or upon any
part afthe conl1non interest community conversion process which it would not
impose upon a physically si7nilar developnlent under a different form of
ownership. Othenvise, no provision of this chapter invalidates or modifies
any provision of any zoning, subdivision, building code, or other real estate
use law, ordinance, charter provision, or regulation.
As applied to our project, the increase of the number of owners or the creation of a
common interest community shall not be a valid reason to impose park dedication fees.
We respectfully request that the Park Dedication Fees not be applied to our project. We
understand that our project, when "lumped" in with the Rome project, can lead to
confusion as to the applicability of the fees. OUf project is clearly distinguishable from
the Rome project as described above and the state law also shows the clear intent that a
common interest community shall not be penalized for this ownership structure.
We appreciate the opportunity to present our case and we look forvvard to your response.
Best Regards,
~ ~CA-
Thomas P. Immen
Chief Manager
March 14, 2006
WEST
METR-O Re: Plan review of 4301 Quebec Ave North, New Hope
FIR-E-FtESCUE Planned Unit Development to subdivide into six industrial
DISTR-ICT condominiums.
Se1-tJing the Cities of West Metro Fire-Rescue District conducted a plan review on the preliminary
G Crystal plans dated 05-10-2006 for the above-mentioned project. The following
-New Hope items that are listed below are either comments or requirements per West
Metro Fire-Rescue Districts Policies, 2003 Minnesota Fire Code and NFP A
Standards:
1. Provide addresses or suite numbers on each separate tenant space.
2. Verify that there is a main address on the building. The address
should be of contrasting color and be located on the street address
side of the building, or place a sign on the main entrance of the
building with high to low address numbers.
~ Need to verify that the sprinkler system has been inspected and
.).
tested annually. lfnot it shall be inspected and tested.
4. Will need to verify that the sprinkler system is being monitored.
By looking at a sprinkler report it appears that the building may
not be monitored. This will be required prior to occupancy.
5. Each tenant space shall have a hornlstrobe(s) located in each
tenant space in case of a water flow alarm due to a sprinkler
activation, this is per West Metro Fire Rescue District Policy.
6. Will need to verify fire lanes and see if there will need to be any
changes.
7. Being that this building will be subdivided into multiple tenant
spaces a one-hour fire resistive construction protecting the fire
sprinkler room with exterior access (if possible) will be required;
this is per the West Metro Fire Rescue District Policies. Provide
a plan showing where the sprinkler riser is located in the
building.
8. Where ever the sprinkler riser is located there shall be signage on
the door(s) leading to and the actual door saying, "Sprinkler Riser
4251 Xylon Ave N. Room" .
New Hope, lvIN 55428
Voice 763.537.2323
Fax 763.537.5333
'V"W\\T. ,vesnnetrofire. com
4301 Quebec Plan Review
March 14, 2006
Page Two
9. Extinguishers shall be provided in each tenant space. There shall
be 10 lb ABC extinguisher(s) every 75 foot travel distance in
each tenant space. Preferably near exits or exit pathways. The
extinguisher shall be mounted in-behveen 4 and 5 feet and have
an inspection tag.
10. Any businesses moving in to the building should contact West
Metro Fire Rescue District prior to moving in to verify that
everything will meet code with how they are planning on using
the space. A guess is that the sprinkler system in this building is
designed for a ordinary I or II. Which basically means that
combustibles can be only stored to 12 feet in height depending on
the commodity. So be aware that if the commodities going into
the building or the storage height are higher the sprinkler design
will be required to be up graded.
Comments are based on plans reviewed. Any revisions may change the
stated requirements. lfyou have questions feel free to contact me at (763)
537 2323 extension 2004 or my partner Aaron Surratt at extension 2003.
Sincerely,
~~
Sheiby Wolf
Fire Inspector
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PHILLIP
ARCHIT
CONTR,
227 Colfax AVBtlUB
Suite 100
Minneapolis, MN 5E
Ph. (612) 377-3.3~
I HEREBY CERTIFY'
SPEClFICA TION, OR
BY ME OR UNDER M
AND THAT I AM A Dl
ARCHITECT UNDER 1
STATEOFMINNE50
DavId A. Phillips
SOD All DISTURBED AREAS DATE 0.3/f0/20m
15SUE/REVISION:
0.3-03-06 CITY REI
0.3-10-06 CITYSUf
0.3-24-06 REV/SlDr
51GNAGE LOGATION
DRAWN BY: SJf
GREEN AREA CHEcKEDllY, Dill'
PROJECT NO. :
OT ANICAL NAME SIZE Sf ACING ^REA fDR NEW 5HRIJ85 LAN D Sc.
"WS "RED SPlENDOR" 21/2" GAL AS SHOWN
V<US X MEDIA 24" HIGH 5 GAL 4'-0" D.C.
-WOOD-CHIP PLANTINGI3ED
'RINGA MEYERI'PALABIN' 24/1 HIGH 5 GAL AS SHOWN
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PLANNING CASE REPORT
City of New Hope
Meeting Date: April 4, 2006
Report Date: March 31, 2006
Planning Case: 06-03
Petitioner: Christopher A. Rohr, Rome Companies, LLC
Address: 7100 Medicine Lake Road (27th Avenue North)
Request: Planned Unit Development (PUD) Conditional Use Permit (CUP)
I. Request
The petitioner is requesting a Planned Unit Development (PUD) Conditional Use Permit (CUP) and
site/building plan review to allow the re-plat and redevelopment of the site in phases with the
demolition of two existing buildings and construction of four buildings containing 16 units of
office/warehouse condominiums of 63,800 square feet on one lot at 7100 27th Avenue North, pursuant
to Sections 4-34, 4-35, and Chapter 13 of the New Hope Code of Ordinances.
II. Zoning Code References
Section( s) 4-34 Administration - PUD, Planned Unit Development
Section(s) 4-35 Site and Building Plan Review
Cl1apter 13 Subdivision and Platting
III. Property Specifications
Zoning: I, Industrial
Location: In the northwest quadrant of Medicine Lake Road (27th A venue) and
Louisiana Avenue between Louisiana and Nevada avenues.
Adjacent Land Uses: Industrial properties to the north and west with the cities of Crystal to the
east and Golden Valley to the south.
Site Area: 5.18 acres
Building Area: 63,800 square feet (includes the mezzanine square footage)
Lot Area Ratios: Green 340/0 (77,500 square feet)
Building 260/0 (58,800 square feet)
Paved 400/0 (89,127 square feet)
Planning District: No. 19. The Comprehensive Plan indicates that District 19 is primarily
industrial and that the city ,,\Till actively pursue business retention and in-
place expansion of existing industries along with efforts to properly screen
outdoor storage areas.
Planning Case Report 06-03 Page 1 3/31/06
Specific Information: The PUD/CUP consists of two lots that will be re-platted into one lot. The two
existing buildings on the site will be removed and four new buildings v'lith
up to a total of 16 units will be constructed. Site grading will essentially
remove 24,000 yards of dirt from. the site and relocate on site an additional
16,000 yards of dirt. There will be constructed in the southwest comer of the
site a new storm water pond to which all on site drainage will be directed
prior to entry into the Bassett Creek Watershed.
IV. Background
Property owners have been looking at various development options for the property since late 2003.
The current ownership group has been discussing this development proposal with the city starting in
late 2005.
V. Petitioner's Comments
The owners of the Egan McKay Mechanical site, located at 7100 Medicine Lake Road, fonned Rome
Companies, LLC. The group owns three business entities (TNC, Thermech and Tempco), all of which
have operations located at the subject property. The current building(s) are fast approaching the end of
their economic life, whereas they require extensive renovation or replacement to serve a useful
business purpose. The subject property also contains 2.5 acres of undeveloped land.
Rome Companies, LLC proposes a new-construction office/warehouse condominium project containing
63,800 square feet of space; across four separate buildings, constructed in multiple phases. The first
phase will create new space for the existing entities to relocate out of the old buildings. The later
phase(s) will then demolish the old buildings and then construct the balance of the new space.
The condominium units will range in size from 3,200 square feet to 5,000 square feet. Rome Companies
LLC has identified a market for industrial condominium units in small sizes, to serve locally owned
small businesses, Feedback to date has been very positive regarding the project, whereby business
owners who desire owning, rather than renting their building, will now have a viable option.
The site plan submitted presents a well-lit, high quality project that details progressive architecture,
attractive landscaping and ample parking. The applicant submitted a preliminary plat for the overall
site and the 16 condominium units. The preliminary plat is fully developed and accurately reflects our
intent for the property. As such, the petitioner is requesting that a Planning Commission review of the'
final plat be waived. It is our intent to proceed vvith Phase One construction in the spring of 2006, for
end of the year occupancy.
VI. Notification
Property ovvners within 350 feet of the property were notified, including the cities of Crystal and Golden
Valley, and public hearing notice was published on March 23, 2006. Staff has received no comments on
the proposaL
VII. Development Analysis
A. Zoning Code Criteria
Administration - PUD, Planned Unit Development
(a) Purpose and Intent.
Planning Case Report 06-03 Page 2 3/31/06
The purpose of this section of the Zoning Code is to provide for the grouping of lots or buildings for
development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal,
sporadic and unplanned approach to development.
This section is intended to introduce flexibility of site design and architecture for the conservation of
land and open space through clustering of lots, buildings and activities, which promote the goals
outlined in the Comprehensive Plan or serve another public purpose. It is further intended that
Planned Unit Developments are to be characterized by central management, integrated planning and
architecture, joint and common use and maintenance of parking, open space and other similar
facilities, and harmonious selection and efficient distribution of uses. The PUD process, by allowing
deviation from the strict provisions of this Code related to setbacks, heights, lot area, width and
depth, yards, etc., by either conditional use permit or rezoning to a PUD District, is intended to
encourage:
1) A development pattern in harmony with the objectives of the Comprehensive Plan. (PUD is not
intended as a means to vary applicable planning and zoning principles.)
2) Innovations in development to the end that the growing demands for all styles of economic
expansion may be met by greater variety in type, design, and siting of structures and by the
conservation and more efficient use of land in such developments.
3) The preservation and enhancement of desirable site characteristics such as existing vegetation,
natural topography and geologic features and the prevention of soil erosion.
4) A creative use of land and related physical development which allows a phased and orderly
transition of varying land uses in close proximity to each other.
S) An efficient use of land resulting in smaller nehvorks of utilities and streets thereby lowering
development costs and public investments.
6) Promotion of a desirable and creative environment that might be prevented through the strict
application on zoning and subdivision regulations of the city.
(b) General Requirements and Standards for a PUD
1) Ownership. An application for PUD approval must be filed by the landovvner or jointly by all
landovvners of the property included in a project. The application and all submissions must be
directed to the development of the property as a unified whole. In the case of multiple
ownership, the approved PUD shall be binding on all ovvners.
2) Comprehensive plan consistency. The proposed PUD shall be consistent with the city
comprehensive plan.
3) Common open space. Common open space at least sufficient to meet the minimum requirements
established in this Code and such complementary structures and improvements as are necessary
and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided
within the area of the PUD.
4) Operating and maintenance requirements for PUD common open space/facilities. Whenever
common open space or service facilities are provided within the PUD, the PUD plan shall
contain provisions to assure the continued operation and maintenance of SUCll open space and
Planning Case Report 06-03 Page 3 3/31/06
service facilities to a predetermined reasonable standard. Common open space and service
facilities within a PUD may be placed under the ovvnership of one or more of the folloyving:
a. Landlord-tenant. Landlord control, where only use by tenants is anticipated.
b. Owners. Property owners association, provided all of the following conditions are met:
1. Declaration of covenants and conditions. Prior to the use, occupancy or sale of an
individual building unit, parcel, tract, townhouse, apartment, or common area, a
declaration of covenants, conditions and restrictions or an equivalent document or a
document, as specified by the Minnesota Common Interest Ovvnership Act set out in
Minnesota Statutes, Chapter 515B and a set of floor plans, as specified by Minnesota
Statutes, Chapter S15B shall be filed with the city, said filing with the city to be made
prior to the filings of said declaration or document or floor plans with the recording
officers of Hennepin County, Minnesota.
2. Owner's association. The declaration of covenants, conditions and restrictions shall
provide that an owner's association or corporation shall be formed and that all owners
shall be members of said association or corporation which shall maintain all properties
and common areas in good repair and which shall assess individual property owners
proportionate shares of joint or common costs.
3. Open space permanent. The open space restrictions must be permanent and not for a
given period of years.
4. Liability for costs. The association must be responsible for liability insurance, local
taxes, and the maintenance of the open space facilities to be deeded to it.
5) Staging of public and common open space dedication. When a PUD provides for common or
public open space, the total area of common or public open space or land escrow security in any
stage of development, shall, at a minimum, bear the same relationship to the total open space to be
provided in the entire PUD as the stages or units completed or under development bear to the
entire PUD.
6) Density. The exact density allowable shall be determined by standards agreed upon between the
applicant and the city. Whenever any PUD is to be developed in stages, no such stage shall, when
averaged with all previously completed stages, have a residential density that exceeds 25 percent
of the proposed residential density of the entire PUD.
7) Underground utilities. In any PUD, all utilities, :including, but not limited to, telephone, electricity,
gas and cable television shall be installed underground.
8) Utility connections.
a. Water connections. Where more than one property is served from the same service line, a shut
off valve must be located :in such a way that each unit's service may be shut off and secured by
the city, in addition to the normally supplied S?ut off at the street.
b. Sewer connections. Where more than one unit is served by a sanitary sewer lateral which
exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning
and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the
property o'\vners association or owner.
Planning Case Report 06-03 Page 4 3/31/06
9) Roadways, private.
a. Design. Private roadways within the project shall have an improved surface to 25 feet or more
in width and shall be so designed as to permit the city fire rrucks to provide protection to each
building.
b. Parking. No portion of the required private road system may be used in calculating required
off-street parking space or be used for parking.
10) Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the city
council, which shall include a detailed planting list with sizes and species indicated as part of the
final plan. In assessing the landscaping plan, the city council shall consider the natural features of
the particular site, the architectural characteristics of the proposed structures and the overall
scheme of the PUD plan.
11) Public services. The proposed project shall be served by the city water and sewer system and fire
hydrants shall be installed at such locations as necessary to provide fire protection.
12) Refuse. Provision for trash pick-up shall b~ provided according to a plan approved by the city
council.
13) Development agreement. Prior to a rezoning or the issuance of a building permit as part of
planned unit development, the permit, applicant, builder, or developer shall execute and deliver
to the cormcll a development agreement. The agreement shall detail all use restrictions and
required on and off-site improvements conditional to the PUD rezoning or CUP approval. The
agreement shall provide for the installation within one year of the off-site and on-site
improvements as approved by the council, secured by a cash escrow or surety bond in an amount
and with surety and conditions satisfactory to the city, to insure the city that such improvements
will be actually constructed and installed according to specifications and plans approved by the
city as expressed in such agreement. The amonnt of the bond shall be one and one-half times the
estimated cost of the improvements as determined by the city engineer or city building official.
(d) Commercial or Industrial Planned Unit Development, CUP Requirements
1) Purpose. The intent of this section is to establish special requirements for the granting of a
conditional use permit to allow commercial or industrial PUD projects which are in compliance
with the permitted and conditional uses allowed in a specific district in one or more buildings :in
relation to an overall design, an integrated physical plan and in accordance with the provisions
and procedures prescribed in sections 4-30, 4-33 and 4-34 of this Code.
2) Landscaping, Screening and Surfacing
a. Surfacing. The entire site other than that taken up by structures or landscaping shall be
surfaced with a material to control dust and drainage.
b. Drainage. A drainage system subject to the approval of the city engineer shall be installed.
c. Screening and Landscaping. Developments.~abutting all R-l, R-2, R-3, R-4, R-O, and R-B
District shall be screened and landscaped in compliance with subsection 4-3( d)(3)d.
PlaJming Case Report 06-03 Page 5 3/31/06
(f) Procedure for Processing a Planned Unit Development
1) Stages of PUD. The processing steps for a PUD are intended to provide for an orderly
development and progression of the plan, with the greatest expenditure of developmental funds
being made only after the city has had ample opportunity for informed decisions as to the
acceptability of the various segments of the whole as fue plan affects the public interest. The
various steps, outlined in detail in the following sections, are:
a. Application Conference. Preliminary discussions.
b. General Concept Plan. Consideration of overall concept and plan.
c. Development Stage Plan. One or more detailed plans as part of the whole final plan.
d. Final Plan. The summary of the entire concept and each development stage plan in an
integrated complete and final plan.
(g) General concept plan.
1) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to
the city showing his basic intent and the general nature of the entire development before
incurring substantial cost. This concept plan serves as the basis for the public hearing so that the
proposal may be publicly considered at an early stage. The following elements of the proposed
general concept plan represent the immediately significant elements '^1hich the city shall review
and for which a decision shall be rendered:
a. Overall maximum PUD density range.
b. General location of major streets and pedestrian V\rays.
c. General location and extent of public and common open space.
d. General location of residential and nomesidential land uses with approximate type and
intensities of development.
e. Staging and time schedule of development.
f. Other special criteria for development.
(h) Development stage plan.
1) Purpose. The purpose of the development stage plan is to provide one or more specific and
particular plans upon which the Planning Commission will base its recommendation to the
Council and with which substantial compliance is necessary for the preparation of the final plan.
2) Submission of development stage. Upon approval of the general concept plan, and within the
time established elsewhere in section 4-34, the applicant shall file with the city manager a
development stage plan consisting of the information and submissions required by section 4-34
for the entire PUD or for one or more stages thereof in accordance with a staging plan approved
as part of the general concept plan. The development stage plan shall refine, implement and be
in substantial conformity with the approved general concept plan.
3) Review and action by city staff and Planning Commission. Immediately upon receipt of a
completed development stage plan, the city manager shall refer such plan to the appropriate city
Planning Case Report 06-03 Page 6 3/31/06
staff, Planning Commission or its committees and other special review agencies such as DNR or
EQC, etc. where applicable.
4) Development stage plan revievv criteria. The evaluation of the proposed development stage plan
shall include but not be limited to the following criteria:
a. Individual rights. Adequate property control is provided to protect the individual o\~ersl
rights and property values and the public responsibility for maintenance and upkeep.
b. Traffic plan. The interior circulation plan plus access from and onto public rights-af-way
does not create congestion or dangers and is adequate for the safety of the project residents
and the general public.
c. Open space. A sufficient amount of useable open space is provided.
d. Privacy and property values. The arrangement of buildings, structures and accessory uses
does not unreasonably disturb the privacy or property values of the surrounding residential
uses.
e. Compatibility. The architectural design of the project is compatible with the surrounding
area.
f. Drainage. The drainage and utility system plans are submitted to the city engineer and the
final drainage and utility plans shall be subject to their approval.
g. Sound development. The development schedule insures a logical development of the site
which will protect the public interest and conserve land.
h. Platting code. The development is in compliance with the requirements of the New Hope
Subdivision Code.
i. District requirements. Dwelling unit and accessory use requirements are in compliance with
the district provisions :in which the development is planned.
(i) Final plan.
1) Purpose. The final plan is to serve as a complete, and permanent public record of the PUD the
manner in \vhich it is to be developed. It shall incorporate all prior approved plans and all
approved modifications thereof resulting from the POO process. It shall serve in conjnnction
with other provisions of the city code as the land use regulation applicable to the POO.
Subdivision and Platting
The purpose of this chapter is to make certain regulations and requirements for the subdivision and
platting of land within the city of New Hope pursuant to the authority contained in Minnesota
Statutes 462.358, which regulations the City Council deems necessary for the health, safety and
general welfare of this community. It is also the purpose of this chapter to safeguard the best
interests of the city of New Hope and to assist the subdivider in harmonizing his interests with
those of the city at large.
Per roumle policy, the preliminary plat was submitted to city department heads, city attorneyT, city
engineer, planning consultant, utility companies and Hennepin County for review and comment.
Comments received include the follovving:
Planning Case Report 06-03 Page 7 3/31/06
Utility companies - no response.
City Engineer - see attached correspondence and comments dated March 16, 28, and 29, 2006.
Hennepin County - see attached correspondence and comments dated March 29, 2006.
City Planner - Preliminary Plat
The preliminary plat submitted by the applicant is generally acceptable. The plat is a condominium
ovvnership arrangement, with lots 1 through 16 owned by individual ovvners and lot 17 owned
collectively by the property association. The final plat for the site must be recorded with Hennepin
County. Revised plans provide la-foot drainage and utility easements on the perimeter of the site.
The plat also indicates a street easement that will provide right-of-way for Medicine Lake Road per
Hennepin County recommendations. Revised plans show future changes to the site that will
accommodate a right turn lane on the site. The developer has requested that the Planning
Commission waive review of the final plat.
City Attorney - see attached correspondence and comments dated March 14 and 22, 2006.
The City Code states that copies of the final plat shall be submitted to the Planning Commission for its
review and recommendation, unless this requirement is waived by the Planning Commission
during its review of the preliminary plat. The petitioner has submitted correspondence requesting
a waiver of the review of the final plat by the Planning Commission. The Planning Commission will
need to make a determination as to whether it wants to review the final plat or not. Due to the simple
nature of this plat, staff is recommending that the Planning Commission waive the review of this final
plat.
B. Development Revie,,,, Team
The Development Review Team met on March 15 and '^las supportive of the request for the PUD.
Please refer to attached planner's report for summary. The following comments were made on the
plans:
. Provide details on the phased construction
. Provide details on the phased grading plan and finished grade
. County review of plans required; obtain permit for curb cut elimination on Medicine Lake Road
. Provide ingress/egress on Nevada, egress only on Louisiana; provide signage
. Dedicate a right turn lane from Medicine Lake Road onto Nevada A venue
. Restrict access to site to single-unit trucks and vans
. Either provide larger overhead doors or restrict size of trucks
. Parking for office/warehouse - Code requires 71 spaces, 123 provided
. Flatten curb at northeast comer of building 4
. Required setback to residential property is 75 feet - setback shown on plans 35 feet on east
property line by building 3
. Provide details on percentage of property that remains green space - 20% required
. Provide additional landscaping/screening along Louisiana and around the corner of the
building to the north
. Provide details on hours of operation
. Provide emergency vehicle turning radius on west side of building 3 - potential hammerhead
just north of buildillg 2
Planning Case Report 06-03 Page 8 3/31/06
. Eliminate hydrant shown at northernmost location on site west from building 3
. Buildings to be fully sprinkled
. Relocate hydrant on west side of building 4 to west side of drive aisle
. Relocate hydrant at northeast comer of building 4 to north side of drive aisle
. Hydrants to be within 100 feet of FD connection
. Buildmgs I, 2 and 3 to have FD connections located on south side of building, access off main
drive aisle. Building 4 to have FD connection on north side of building, access off main drive
aisle
. Sprinkler and domestic water supplies to be split before the building allowing two separate
lines into buildings
. Each tenant to have o"vn water meter
. Fire lane - sign for no parking along exterior curb and comers
. Landscape plan - possibly replace pine species with spruce
. Replace blue beech with species better suited to Minnesota climate (contact city forester)
. Lighting - supply fixtures over back doors, hooded fixtures
. Concerns with size of snow storage between buildings 1 and 2
. Provide landings at rear doors of all buildings, show on plans
. Discuss architectural design and determine if appropriate for the site, provide details on accent
panels
. Provide signage plan indicating building number and tenant wall sign age
. Provide exact location of each monument sign and sign details
. Provide details on trash and recycling enclosures
. Provide details on rooftop units - size, location and screening details
. Sanitary sewer connection to Nevada
. Sanitary service for building 3 to MH-C
. Drain tile around building 3 shown on north side and half of east side - recommend connecting
drain tile on east side to CBl
. Recommend adding drain tile to north side of buildings 1 and 2
. Provide storm water calculations
. Permit required from Hennepin County for work in right-af-way
. Provide 50-foot right-of-way entire south property line and show on plat
. Show sidewalk along Medicine Lake Road
. Address retaining wall in Hennepm County right-af-way - either remove or relocate
. Access on Nevada to be one lane in and one lane out
. Louisiana access right out only
. Provide signage for traffic flow through site
. No landscaping to be located over utilities
. Native planting mix around pond
. Coordinate plant schedule and landscaping plan to match
. Submit plans to Bassett Creek Watershed for review
. Pond maintenance agreement required
. Show drainage and utility easement on plat
. Park dedication fee - 5.18 acres x $2,500 per acre = $12/950
Planning Case Report 06-03 Page 9 3/31/06
C. Design and Review Committee
The Design Review Committee met with the petitioner on March 16 and was also supportive of the
proposal and discussed many of the same issues reviewed by the Development Review Team. A
copy of the pond maintenance agreement was provided to the developer.
D. Plan Description
1. Location
The site is a single parcel in the southeastern comer of the city of New Hope. The cities of Crystal
and Golden Valley are immediately east and south of the site, respectively. The site is located at
7100 27thAvenue North, and bounded by Nevada Avenue, Louisiana Avenue, and 27th Avenue
(Medicine Lake Road). The property is 5.18 acres in total area, or 225,426 square feet.
2. Zoning
The current zoning is I, Industrial. Industrial uses are present to the north, west, and south of the
site. In the city of Crystal, residential uses are adjacent to the east of the site. The proposed zoning is
Planned Unit Development. Except for considerations of multiple buildings per lot, the
development should meet the conditions of an industrial zone.
3. Site Demolition Plan (CO) and Grading, Drainage, and Erosion Plan (Cl)
The developer submitted a letter describing the proposed phasing of the project. Ideally, the
developer would like to construct the buildings in one phase, completely clearing and preparing
the site, then building the entire project. This could be accomplished by finding temporary space for
existing tenants until their new space was created. If temporary space cannot be provided, a phased
construction plan would progress. This phased approach would progress as follows, according to
the applicant's letter:
a. Demolish existing warehouse building in northeast comer of site.
b. Prepare west half of site, stockpile excess fill on side of existing warehouse.
c. Construct west building (building I), relocate tenants.
d. Demolish remaining industrial building, construct three proposed buildings.
The planners report states that, given the design of the proposed development, the phased building
approach may work on the site, but additional construction details should be worked out to ensure
the relocated businesses are not overly burdened by construction of the other buildings. The
construction entrance is located on Nevada A venue, which could create significant impacts for
relocated tenants during the construction phase. The city and developer may wish to explore
alternate construction entrances in the event of a phased development. For example, installing a
curb on the east edge of the "phase 1" parking lot would separate the uses. Construction vehicles
could continue to use the existing driveway and curb cut on Medicine Lake Road for as long as
necessary to minimize impacts to the users of the newer, earlier phase.
Parking is adequate for the first phase of the project. The fire department and building official
should provide input on emergency access and o~er potential concerns associated with the phased
construction approach and circulation patterns. Additional plans detailing construction phasing
must be submitted prior to issuance of any construction permit.
4. Utility and Paving Plan (C2)
Parking
Planni11g Case Report 06-03 Page 10 3/31/06
In total 71 spaces are required on the property, and 115 are provided. The parking provided for the
site is adequate in size and design, and spread evenly across the property. There are seven ADA
parking spots identified on the site located as follows: one to the west of building one, one on the
southeast comer of building one, one on the southeast comer of building two, two evenly spaced
on the west side of building three, and two south of building four with both spots in the
southeastern section of the parking area. Required parking is detailed below:
Uses (approximate) Square Feet
Office 12,000
Warehouse 46,800
Total 58,800
5. Circulation
Circulation patterns are improved over initial plans. Revised plans provide improved signage,
particularly on drive lanes and entrances. The property is accessed via Nevada A venue, with an
egress (only) to Louisiana Avenue. No curb cuts will be located on Medicine Lake Road; the
existing curb cut will be removed with the demolition of the existing south building.
The planner's report indicates the applicant submitted diagrams showing truck circulation. One
diagram shows semi-truck backing into the building overhead doors. The applicant enlarged these
doors, but given the tight dimensions of the site for this type of circulation, the plan appears
optimistic about the precision of drivers and parked vehicles. The developer should comment on
whether the o\t\Tl1ers of the units expect to use semi-truck traffic in this manner, or on a regular
basis. Single-unit vehicle circulation should work rmder the proposed site layout.
Pedestrian access is afforded by sidewalks on site and on Medicine Lake Road. The rear doors of
each building do not have sidey\Talk access, nor is there a connection from the sidewalks serving the
development to the sidewalk along Medicine Lake Road. The sidewalks on the site will be five feet
in width. The city may consider requesting this sidewalk connection as part of the PUD.
6. Fire/Emergency Vehicle Access
Revised plans show that the center lane through the property will be signed as "fire lane- no
parking." The developer also provides a "hammerhead" vehicle turnaround on the north driveway
next to building three, at the request of the Fire Deparhnent. This turnaround is located north of
building two and provides a 20- foot wide lane, 20 feet in depth beyond the curb line. The applicant
should verify the design has at least a 28-foot curb radius.
7. UtilitieslDrainage
Utilities and drainage are acceptable on the site, as set forth in revised plans. Drainage and
stormwater management shall require review and approval by the city engineer and Bassett Creek
Watershed. The applicant complied with almost all of city staff and consultant requests regarding
drainage and utilities, including fire protection, as follows:
. The applicant relocated fire department connections to face the central driveway throug11 the
property. Building 3 shows the fire connection inside the existing building. This connection
should be relocated to the south end of the building. The connections are relocated to comply
with FIre Department requests.
. Sprinklerrutility rooms of some buildings have been relocated for easier access.
Planning Case Report 06-03 Page 11 3/31/06
. Revised plans show minor relocations of fire hydrants to conform to the Fire Department's
requests.
. Each tenant shall use a separate water meter, as indicated on revised plans.
. The applicant improved drain tile systems on site per planner recommendations, including
extending tile on the east edge of the site and installing drain tile on the north side of the site.
8. Landscape Plan
An improved landscape plan was submitted to the city on March 24, 2006. The new plan complies
with city recommendations. The site is landscaped with a variety of plantings, including evergreen
trees, birch trees, maple trees, and a variety of shrubs, flowers, and grasses. Landscaping is
improved on the east edge of the site to provide further screening from adjacent residential uses.
Other highlights and changes include:
. The applicant replaced proposed pine species with spruce trees. Spruces maintain their form
and shape for longer periods of time under ordinary maintenance conditions.
. Blue Beech trees were formerly proposed (an annotation remains on the plan), but staff
expressed concern that the trees may not be appropriate for Minnesota climate winter
harshness. These trees were replaced with a hardier tree species.
. The stormwater pond will be planted with wildflower seed mixes.
. The landscaping plan conforms to requirements of the city's Zoning Ordinance.
. Snow storage identified on other plans conflicted with the landscape plan. Trees were removed
from snow storage areas and replaced with lawn.
Quantity Quantity
Common Name Botanical Name Size Root Noted Shown
Northwoods Maple Acer rubrum 'Northwoods' 2.5" Cal. B&B 37 37
Colorado Blue Spruce Picea pungens glauca 7'Ht B&B 13 13
Colorado Green Spruce Picea pungens 7'HT B&B 40 40
Autumn Brillian
Serviceberry Amelanchier x grandiflora 6' Ht B&B 33 31
White Spire Birch Betula populifera 6'Ht B&B 28 28
Rudbekia Rudbekia lGoldsturm" Gal Pot 166
Dark Green Spreader
Yew Taxus x cuspidata 15"Spr Pot 91 92
Chokeberry aronia melancarpa 24" Spr Pot 47 47
Nannyberry Viburnum Viburnum lentago 36" HT Pot 24 24
Compact Mugo Pine Pillus mugo pumulo 24" HT pPot 22 22
The maple trees are evenly spread around the outer edge of the site. The Colorado blue and green
spruce trees spread around the site, but with a heavy concentration to the east of building 3 for
screening purposes. The white spire birch are also spread around the site, but with a heavy
concentration on the south side of building 4. The dark green spreader yew and the nannyberr)T are
used in planting primarily arormd the fronts and sides of the buildings. The chokeberry. is being
used in a hedge alignment around the parking lot on the southwest side of building 4.
Planning Case Report 06-03 Page 12 3/31/06
10. Snow Storage
There are snow storage areas between buildings 1 and 2, in the ponding area and to the north and
west of the parking area west of building 3.
11. Lot Coverage
Industrial districts in New Hope are required to meet a minimum green space requirement of 20
percent. The proposed development sets aside approximately 77,500 square feet of green space, a
total of 34 percent of the lot area.
12. Lighting (ALIOO-AL102)
There are 20 lighting fixtures proposed for the parking lot areas, which will be mounted on four-
inch square 20-foot poles and have shoebox type luminaries with 250-vvatt metal halide bulbs.
There are 23 building mounted lighting fixtures, exclusive of the lighting for the rear man doors,
proposed for the buildings which will be ISO-watt metal halide in tapered rectangular fixtures.
Per the planners report, downward, full cutoff lighting shall be provided above each man door
surrounding the building. Building plans have included this change, but the city may determine
whether lighting and photometric plans should be resubmitted reflecting the additional light
sources. The full cutoff fixtures are small in size, and may not require that the applicant resubmit
photometric plans. The fixtures are dravvn on architectural plans but are missing from the lighting
plans submitted.
13. 5ignage (51)
The main site monument sign will be made of pre-cast concrete with exposed aggregate with top
mounted address numerals, and five inch lettering on the monument sides. The monument sign is
proposed to be lit from below and located at the comer of Louisiana and 27th avenues as per the
sign code. A secondary sign location is at the property entrance off of Nevada Avenue with the
same type and style sign. Various other directional signage is proposed throughout the site.
Per the planners report, minor revisions may be necessary to the signage plan, but the plan is
generally acceptable as presented. The applicant proposes monument signage as well as wall
signage for tenant identification. Monument signs must be located ten feet from property lines,
which the proposed signage does not comply with. Specifically, the west monument sign is located
directly on the property line. This sign could be moved to the other side of the driveway to comply
with code requirements. The eastern monument sign appears to be located exactly 10 feet from the
property line. Signage is proposed for each of the buildings as well. The developer submitted
revised sign plans that show wall signage. Signage is limited to building identification signage
showing the address of the building, and a single tenant identification sign that matches the
proposed canopy. These signs are of a common style; alternate signs will not be permitted.
14. Trash Handling
Trash enclosures are not shown on the plans submitted. The city of New Hope requires all
dumpsters be screened from view. This requirement can be achieved by building dumpster
enclosures, or handling all trash internally. From initial plan revieV\T, staff requested that revised
plans address dumpster enclosures to match building materials and colors. The plans do not show
enclosures, nor are dumpsters mentioned in narrative documentation accompanying revised plans.
The applicant should discuss this issue "vvith the Planning Commission. If individual tenants are to
Planning Case Report 06-03 Page 13 3/31/06
handle trash individually, up to 16 dumpsters would have to be serviced when the trash hauler
comes to the building. City staff recommends installation of dumpster enclosures. Possible locations
include adjacent to the emergency vehicle hammerhead, or next to the snow storage "lawn."
Parking spaces could be converted as well, as an excess of parking is available on the site. Trash
handling remains a primary outstanding issue on the project.
15. Architecture- Floor Plans (SP.l-SP.6)
Rooftop unit locations should be marked on the building diagram. RTUs should be screened from
view or painted.
Building floor plans have been updated to be consistent \^lith the site diagram \^lith respect to
exterior doors for fire exits. These doors are now indicated properly, and landings are shown
outside the doors. The building official should comment on whether the landings are acceptable in
size, and if sidewalk connections will be necessary. Snow drift may be an additional concern on
building 3, where blowing snow could settle in the valley created between the street and
emergency doors, establishing a potentially dangerous condition. Floor plans also show proper
sprinkler room locations.
Architecture- Elevations
Three sides of the proposed buildings will be made of precast concrete panels with portions of
various panels having exposed aggregate and other portions having a ribbed texture. The fronts of
all four buildings will be made up of EFTS (exterior finish insulation system) panels, glass doors and
windows, corrugated metal panels (the panels will wrap around the comers of the building) and
metal I-beam canopies. The particular unit signage will be on the I-beam canopies. The proposed
buildings incorporate a contemporary architecture style. The Planning Commission should
comment on the proposed design of the buildings. Staff has requested additional information on
the corrugated metal proposed for the property. Information should include color, metal type,
finish, and wear characteristics, as well as maintenance and snow load/melt characteristics.
The project will incorporate many overhead doors of glass and aluminum construction. These doors
have been enlarged to handle semi-trailer circulation as shown on truck circulation diagrams. The
site will still be tight for semi truck circulation, but the wider doors provide an improvement on
previous proposals.
The New Hope Police Deparhnent suggests the building exterior be resistant to graffiti, or be
coated with a graffiti-proof coating. The light color chosen may be targeted by vandals. The
Planning Commission should discuss the colors chosen for the buildings.
E. Planning Considerations
The planning consultant's report and recommendations have been incorporated into this staff
report.
F. Building Considerations
The building official has reviewed the plans and his comments are mcorporated into this report.
The building official has final approval of all plans prior to issuance of permits.
Planning Case Report 06-03 Page 14 3/31/06
G. Legal Considerations
Park Dedication Fees: During review of this planning case, there were some questions as to
whether or not the city has the ability to assess park dedication fees against this project. The city
attorney has written a letter indicating that, in his opinion, the park dedication fees apply when
properties are replatted and the redevelopment intensifies the use of the property. In his letter, the
city attorney stated that the intensified use is connected to the park dedication fees charged. Staff
recommends that the park dedication fees apply, per the recommendation of the city attorney.
H. Engineering Considerations
The city engmeer has reviewed the plans and engineering comments are incorporated into portions
of the report and in the attached March 16, 28 and 29 memos.
I. Police Considerations
It is suggested that the building exterior be resistant to graffiti, or be coated with a graffiti-proof
coating. The light color chosen for the buildings may be a target for vandals.
J. Fire Considerations
Sprinkler/Utility rooms shall be located adjacent to the fire department connections, facing the
central drive.
VIII. Summary
Staff is very supportive of this project for the plat, PUD and the redevelopment of this site. The project
includes; demolition of existing buildings, relocation of existing businesses into new facilities on site, a
large amount of grading, construction of a new stormvvater pond and ultimately the construction of
four buildings with up to 16 condominium units of office/warehouse space. The plans submitted by
ROME Companies, LLC for redevelopment of an undemsed industrial site are a solid addition to New
Hope that will help to revitalize an aging industrial area and increase the city's appeal to a number of
small businesses. Revitalizing existing industrial areas is a goal and policy identified in the New Hope
Comprehensive Plan. The plan is appropriate for the site and its context, and any remaining issues can
likely be resolved with the Planning Commission and City Council.
Staff recommends approval of the preliminary plat, PUD/CUP for the project, subject to the following
conditions:
1. Developer execute PUD development agreement with city, to be prepared by the city attorney.
2. Developer provide financial guarantee/performance bond for site improvements (amount to be
determined by city engineer and building official).
3. Approval of all plans by the building official.
4. Comply with West Metro Fire District recommendations (March 14, 2006).
5. Comply with city engineer recommendations (March 16, 28, and 29, 2006) and submit pond
maintellance agreement.
6. Comply with city attorney commellts on plat (March 14, 2006).
7. Planning Commission agrees to waive review of final plat.
8. Payment of park dedication fee of $12,950 at the time the building permit is issued.
9. Comply with planning consultant recommendations:
Planning Case Report 06-03 Page 15 3/31/06
A. If a phased development approach is necessary, submit additional plans for construction
staging and phasing to minimize impacts to relocated tenants, subject to review and
approval of the building official and Fire Department.
B. Relocate western monument sign to comply with Sign Ordinance requirement of monument
signs located ten (10) feet from the property line.
C. Install dumpster enclosures for trash handling. Any enclosure must match the color and
materials of the building. If trash is to be handled internally, a plan must be established for
this practice.
D. Applicant must provide additional information on accent metal used in building design.
Specific information regarding type, color, and wear characteristics will be required.
E. Resubmit photometric plan to incorporate additional building mounted lighting at the rear
of each building.
F. Work with New Hope Police Department to identify anti-graffiti strategies including
graffiti-resistant building finish, colors, and graffiti removal plans.
G. Relocate Building 3 Fire Department connection to south end of building.
H. Planning Commission to discuss and make recommendations on sidewalk connections to
rear doors and sidewalk connections from development to city sidewalk.
Attachments:
Address/Zoning/ Aerial Maps
Rome Companies, LLC letters, March 3 and 23, 2006
Site Data
Lighting Fixtures
Preliminary Plat
Site Demolition Plan
Grading, Drainage and Erosion Control Plan
Utility and Paving Plan
Civil Details
Right Turn Lane Plan
Landscape Plans/Schedule
Signage Plans
Site Key Plan
Building Plans and Elevations
Lighting Plans
Color renderings
Truck turning simulations
City Planner memos, March 27
City Engineer memos, March 16, 28 and 29
City Attorney letters, March 14 preliminary plat and March 22 park dedicatiol1 fee
West Metro Fire letter, March 14
E-mail about landscaping
Storm Water Management Calculation/Summary (full document available at city hall)
Hennepin County letter March 29, 2006
Condominium documents
Application Log
Planning Case Report 06-03 Page 16 3/31/06
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Rome Companies, LLC
7100 lVledicine Lake Road
Ne\v Hope, lVIN 55427
612 226-6470
March 3, 2006
City of Nevv Hope Planning Commission and City Council
\4401 Xylon Avenue North
. Nevv Hope, MN 55428
RE: Rome Companies, LLC OfficelWarehouse Project
To Whom It may Concern:
The o\vners of the 5.2-acre Egan Mechanical site, located at 7100 Medicine La1ce Road, formed Rome
Companies, LLC. The group owns three business entities (TNe, Thermech and Tempco), all of which
have operations located at the subject property.
The current building( s) are fast approaching the end of their economic life, whereas they either reqllire
extensive renovation or replacement to serve a useful business purpose. The subject property also
contains 2.5 acres ofllndeveloped land.
Rome Companies. LLC proposes a new-construction office/warehouse condominium project containing
63,800 sqllare feet of space; across 4 separate buildings, constructed in multiple phases. The first phase
vvill create new space for the existing entities to relocate out of the old buildings. The later phase(s) vvill
them demolish the old buildings and then construct the balance of the new space.
The condominium units will range in size from 3,200 8fto 5,000 sf. Rome Companies, LLC has
identified a market for industrial condominillll1 units in small sizes, to serve locally owned small
bllsinesses. Feedback to date has been very positive regarding the project, w~hereby business owners \vho
desire ovvning, rather then renting, their buildillg, will novv have a viable option.
The site plan submitted presents a well-lit, high quality project that details progressive architecture,
attractive landscaping and ample parking. We have also submitted a preliminary plat for the overall site
and the 16 condominium units. The preliminary plat is fully developed and accurately reflects our intent
for the property. As such, we are requesting that a planning commission review of the final plat be
waived.
Thanlc YOll for the opportunity to present this project. It is our intent to proceed with Phase One
construction in the spring of 2006, for end of year occupancy.
Sincerely,
Rome Companies, LLC
Christopher A. Rohr-President
Rome Companies, LLC
7100 lVledicine Lake Road
Ne)v Hope, MN 55427
612 226-6470
March 23, 2006
City of New Hope Planning Commission and City Council
4401 Xylon Avenue North
New Hope, MN 55428
RE: Rome Companies, LLC OfficelWarehouse Project
To Whom It may Concern:
The owners of the 5.2-acre Egan Mechanical site, located at 7100 Medicine Lake Road, formed
Rome Companies, LLC. The group owns three business entities (TNC, Thermech and Tempco),
all of which have operations located at the subject property.
The CllITent building(s) are fast approaching the end of their economic life, whereas they either
require extensive renovation or replacement to serve a useful business purpose. The subject
property also contains 2.5 acres of undeveloped land.
Rome Companies. LLC proposes a new-construction office/warehouse condominium project
containing 63,800 square feet of space; across 4 separate buildings. The condominium units \vill
range in size from 3,200 sf to 5,000 sf. Rome Companies, LLC has identified a market for
industrial condominium units in small sizes, to serve locally owned small businesses. Feedback
to date has been very positive regarding the project, whereby business owners who desire
owning, rather then renting, their building, will now have a viable option.
The construction phasing for the project would ideally occur in one single phase, whereby the
existing buildings would be vacated, demolished, all site work completed" and the four new
buildings constructed sequentially until total project completion. As such, it is my goal to secure
temporary locations for the existing tenants until such time as I can build a new building for
them to occupy. Ifhowever, I were unable to accomplish this scenario, my plan would then be to
first demolish the existing warehouse building located at the rear of the site and use this area to
stockpile excess fill material removed from the undeveloped 2.5 acre portion of the site. I would
then construct the westerly most located building, relocate the existing tenants into this building,
then demolish the larger existing building and then sequentially complete the construction of the
other three new buildings. The proposed stockpiling of excess fill material would be presented to
City of New Hope building officials for their approval.
The site plan submitted presents a well-lit, high quality project that details progressive
architecture, attractive landscaping and ample parking. The project would operate under normal
business hours, with noise, dust and delivery rules governed by the condominium documents.
The buildings will be constructed with Class 3 commercial fire protection, with this issue having
already been discussed with Aaron Surratt of the City of New Hope Fire Department.
We have submitted a preliminary plat for the overall site and the 16 condominium units. The
preliminary plat is fully developed and accurately reflects our intent for the property. As such,
we are requesting that a planning commission review of the final plat be waived.
Thank you for the opportunity to present this project. It is our intent to proceed with construction
in the spring of 2006, for end of year initial ccupancy.
Sincerely,
Rome Companies, LLC
Christopher A. Rohr-President
;
r
i
SITE DATA
..."
-
GREEN SPACE:
REQUIRED: 45,085 S4F. (20%)
PROV101ED: APPROX. 77,500 S.F. (34%)
- - "'::-w:
Total Area = 225,426.4
5.18 Acres
Building Zoning: This site is Zoned "I)) - Industrial
Flood Zone: Property is in Flood Zone "XU (not a flood hazard)
per Map and Panel No. 27053C-0213E dated September 2, 2004
per the City of New Hope.
Orientation of this bearing system is based on the south line
of the Southeast Quarter of the Southwest Quarter, which has an
assumed be~ring of West.
E~evations are based on NGVD 1929 Datum.
Property Description
Tract ~IAn, R.L.S. 1362' and the east 283 feet of the south 533 feet of
the SE 1/4 of the SW 1/4 of Section 20. Township 118, Range 21 r except
roads, H~nnepin County, Minnesota.
Area = 225,426.7 Sq. Ft. ::t:
5. 18 Acres :l:
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NORTHWEST ASSOCIATED CONSULTANTS, IN C.
4800 Olson Memorial H ighwaYf Suite 202f Golden Vall ey, M N 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO: New Hope Planning Commission
Kirk McDonald
FROM: Alan Brixius! C. Carlson
DA TE: March 27, 2006
RE: ROME Companies Development- Egan McKay Site
NAC FILE: 131.01 06.03
ROME Companies, LLC has submitted an application for Planned Unit Development
(PUD) of the property at 7100 27th Avenue North. The applicant proposes to build four
office/warehouse buildings that will be divided into a total of sixteen condominium units.
Location
The site is a single parcel in the southeastern corner of the city of New Hope. The cities
of Crystal and Golden Valley are immediately east and south of the site, respectively.
The site is located at 7100 27th Avenue North, and bounded by Nevada Avenue,
Louisiana Avenue, and 27th Avenue (Medicine Lake Road). The property is 5.18 acres
in total area, or 225,426 square feet.
Zoninq
The current zoning is I, Industrial. Industrial uses are present to the north, west, and
south of the site. In the city of Crystal, residential uses are adjacent to the east of the
site. The proposed zoning is Planned Unit Development. Except for considerations of
multiple buildings per lot, the development should meet the conditions of an industrial
zone.
Preliminary Plat
The preliminary plat submitted by the applicant is generally acceptable. The plat is a
condominium ownership arrangement, with lots 1 through 16 owned by individual
owners and lot 17 owned collectively by the property association. The Final Plat for the
site must be recorded with Hennepin County. Revised plans provide ten foot drainage
and utility easements on the perimeter of the site. The plat also indicates a street
easement that will provide right-of-way for Medicine Lake Road per Hennepin County
recommendations. Revised plans show future changes to the site that will
accommodate a right turn lane on the site. The developer has requested that the
Planning Commission waive review of the final plat.
Site Demolition Plan (CO) and Gradinq, Drainaqe, and Erosion Plan (C1)
The developer submitted a letter describing the proposed phasing of the project. Ideally,
the developer would like to construct the buildings in one phase, completely clearing
and preparing the site, then building the entire project. This could be accomplished by
finding temporary space for existing tenants until their new space was created. If
temporary space cannot be provided, a phased construction plan would progress. This
phased approach would progress as follows, according to the applicant's letter:
1. Demolish existing warehouse building in northeast corner of site.
2. Prepare west half of site, stockpile excess fill on side of existing warehouse.
3. Construct west building (building 1), relocate tenants.
4. Demolish remaining industrial building, construct three proposed buildings.
Given the design of the proposed development, the phased building approach may work
on the site, but additional construction details should be worked out to ensure the
relocated businesses are not overly burdened by construction of the other buildings.
The construction entrance is located on Nevada Avenue, which could create significant
impacts for relocated tenants during the construction phase. The city and developer
may wish to explore alternate construction entrances in the event of a phased
development. For example, installing a curb on the east edge of the Hphase 1 H parking
lot would separate the uses. Construction vehicles could continue to use the existing
driveway and curb cut on Medicine Lake Road for as long as necessary to minimize
impacts to the users of the newer, earlier phase.
Parking is adequate for the first phase of the project. The fire department and building
official should provide input on emergency access and other potential concerns
associated with the phased construction approach and circulation patterns. Additional
plans detailing construction phasing must be submitted prior to issuance of any
construction permit.
Utilitv and Pavina Plan (C2)
Parking
In total 71 spaces are required on the property, and 115 are provided. The parking
provided for the site is adequate in size and design, and spread evenly across the
property. Required parking is detailed below:
Uses approximate Square Feet
Office 12,000
Warehouse 46,800
T ota I 58,800
Circulation
Circulation patterns are improved over initial plans. Revised plans provide improved
signage, particularly on drive lanes and entrances. The property is accessed via
Nevada Avenue, with an egress (only) to Louisiana Avenue. No curb cuts will be located
on Medicine Lake Road; the existing curb cut will be removed with the demolition of the
south existing building.
2
The applicant submitted diagrams showing truck circulation. One diagram shows semi-
truck backing into the building overhead doors. The applicant enlarged these doors, but
given the tight dimensions of the site for this type of circulation, the plan appears
optimistic about the precision of drivers and parked vehicles. The developer should
comment on whether the owners of the units expect to use semi-truck traffic in this
manner, or on a regular basis. Single-unit vehicle circulation should work under the
proposed site layout.
Pedestrian access is afforded by sidewalks on site and on Medicine Lake Road. The
rear doors of each building do not have sidewalk access, nor is there a connection from
the sidewalks serving the development as Medicine Lake Road. The city may consider
requesting this sidewalk connection as part of the PUD.
Fire/Emerqencv Vehicle Access
Revised plans show that the center lane through the property will be signed as "fire
lane- no parking". The developer also provides a "hammerhead" vehicle turnaround on
the north driveway next to building three, at the request of the Fire Department. This
turnaround is located north of building two and provides a 20 foot wide lane, 20 feet in
depth beyond the curb line. The applicant should verify the design has at least a 28 foot
curb radius.
Utilities/D rai naqe
Utilities and drainage are acceptable on the site, as set forth in revised plans. As before,
drainage & stormwater management shall require review by Bassett Creek Watershed.
The applicant complied with almost all of city staff and consultant requests regarding
drainage and utilities, including fire protection, as follows:
. The applicant relocated fire department connections to face the central driveway
through the property. Building 3 shows the fire connection inside the existing
building. This connection should be relocated to the south end of the building.
The connections are relocated to comply to Fire Department requests.
. Sprinkler/Utility rooms of some buildings have been relocated for easier access.
. Revised plans show minor relocations of fire hydrants to conform to the Fire
Department's requests.
. Each tenant shall use a separate water meter, as indicated on revised plans.
e The applicant improved drain tile systems on site per planner recommendations,
including extending tile on the east edge of the site and installing drain tile on the
north side of the site.
Landscape Plan
An improved landscape plan was submitted to the city on March 24, 2006. The new
plan complies with city recommendations. The site is landscaped with a variety of
plantings, including evergreen trees, birch trees, maple trees, and a variety of shrubs,
flowers, and grasses. Landscaping is improved on the east edge of the site to provide
further screening from adjacent residential uses: Other highlights and changes include:
. The applicant replaced proposed pine species with spruce trees. Spruces
maintain their form and shape for longer periods of time under ordinary
maintenance conditions.
3
. Blue Beech trees were formerly proposed (an annotation remains on the plan),
but staff expressed concern that the trees may not be appropriate for Minnesota
climate winter harshness. These trees were replaced with a hardier tree species.
. Snow storage identified on other plans conflicted with the landscape plan. Trees
were removed from snow storage areas and replaced with lawn.
. The stormwater pond will be planted with wildflower seed mixes.
. The landscaping plan conforms to requirements of the city's Zoning Ordinance.
Lot Coveraqe
Industrial districts in New Hope are required tameet a minimum green space
requirement of 20 percent. The proposed development sets aside approximately 77,500
square feet of green space, a total of 34 percent of the lot area.
Liqhtinq (AL 1 OO-AL 102)
Downward, full-cutoff lighting shall be provided above each man door surrounding the
building. Building plans have included this change, but the city may determine whether
lighting and photometric plans should be resubmitted reflecting the additional light
sources. The full cutoff fixtures are small in size, and may not require that the applicant
resubmit photometric plans. The fixtures are drawn on architectural plans but are
missing from the lighting plans submitted.
Siqnaqe (81)
Minor revision may be necessary to the signage plan, but the plan is generally
acceptable as presented. The applicant proposes monument signage as well as wall
signage for tenant identification. Monument signs must be located ten feet from property
lines, which the proposed signage does not comply with. Specifically, the west
monument sign is located directly on the property line. This sign could be moved to the
other side of the driveway to fit with code requirements. The eastern monument sign
appears to be located exactly ten feet from the property line.
Signage is proposed for each of the buildings as well. The developer submitted revised
sign plans that show wall signage. Signage is limited to building identification signage
showing the address of the building, and a single tenant identification sign that matches
the proposed canopy. These signs are of a common style; alternate signs will not be
permitted.
Architecture- Floor Plans (SP.1-SP.6)
Rooftop unit locations should be marked on the building diagram. RTU's should be
screened from view or painted.
Building floor plans have been updated to be consistent with the site diagram with
respect to exterior doors for fire exits. These doors are now indicated properly, and
landings are shown outside the doors. The BuildIng Official should comment on whether
the landings are acceptable in size, and if sidewalk connections will be necessary.
Snow drift may be an additional concern on building three, where blowing snow could
settle in the valley created between the street and emergency doors, establishing a
potentially dangerous condition. Floor plans also show proper sprinkler room locations.
4
Trash Handlinq
Trash enclosures are not shown on the plans submitted. The city of New Hope requires
all dumpsters be screened from view. This requirement can be achieved by building
dumpster enclosures, or handling all trash internally. From initial plan review, staff
requested that revised plans address dumpster enclosures to match building materials
and colors. The plans do not show enclosures, nor are dumpsters mentioned in
narrative documentation accompanying revised plans. The applicant should discuss this
issue with the Planning Commission. If individual tenants are to handle trash
individually, up to sixteen dumpsters would have to be serviced when the trash hauler
comes to the building. City staff recommends installation of dumpster enclosures.
Possible locations include adjacent to the emergency vehicle hammerhead, or next to
the snow storage "lawn". Parking spaces could be converted as well, as an excess of
parking is available on the site. Trash handling remains a primary outstanding issue on
the project.
Architecture- Elevations
The proposed buildings incorporate a contemporary architecture style. The Planning
Commission should comment on the proposed design of the buildings. Staff has
requested additional information on the corrugated metal proposed for the property.
Information should include color, metal type, finish, and wear characteristics, as well as
maintenance and snow load/melt characteristics.
The project will incorporate many overhead doors of glass and aluminum construction.
These doors have been enlarged to handle semi-trailer circulation as shown on truck
circulation diagrams. The site will still be tight for semi truck circulation, but the wider
doors provide an improvement on previous proposals.
The New Hope Police Department suggests the building exterior be resistant to graffiti,
or be coated with a graffiti-proof coating. The light color chosen may be targeted by
vandals. The Planning Commission should discuss the colors chosen for the buildings.
Recommendation
The plans submitted by ROME Companies, LLC for redevelopment of an underused
industrial site are a solid addition to New Hope that will help to revitalize an aging
industrial area and increase the city's appeal to a number of small businesses.
Revitalizing existing industrial areas is a goal and policy identified in the New Hope
Comprehensive Plan. The plan is appropriate for the site and its context, and any
remaining issues can likely be resolved with the Planning Commission and City Council.
Staff recommends approval of the preliminary plat, PUO/CUP for the project, subject to
the following conditions:
1. If a phased development approach is -necessary, submit additional plans for
construction staging and phasing to minimize impacts to relocated tenants,
subject to review and approval of the Building Official and Fire Department.
2. Relocate western monument sign to comply with Sign Ordinance requirement of
monument signs located ten (10) feet from the property line.
S
3. Install dumpster enclosures for trash handling. Any enclosure must match the
color and materials of the building. If trash is to be handled internally, a plan must
be established for this practice.
4. Applicant must provide additional information on accent metal used in building
design. Specific information regarding type, color, and wear characteristics will
be required.
5. Work with New Hope Police Department to identify anti-graffiti strategies
including graffiti-resistant building finish, colors, and graffiti removal plans.
6. Relocate Building 3 Fire Department connection to south end of building
7. Other conditions of city staff, City Engineer, Fire Department, Building Official,
Planning Commission, and City Council.
Additional conditions that may be considered the Planning Commission and Council
1. Resubmit photometric plan to incorporate additional building mounted lighting at
rear of each building.
2. Sidewalk connections to rear doors.
3. Sidewalk connection from development walkways to city sidewalk.
6
~1~ ~
t
~~~i lfj Bonestroo 12335 West Highway 36 B St Paul, MN 55113
3 ~r::~~r~l< & I Office: 651-636-4600 B Fax: 651-636-1311
WiJl Associates f www.bonestroo.com
~ . .~
Engineers &. Architects
TO: Kirk McDonald
FROrt{: \flnce Vander Top
DATE: lvf...arcb. 16, 2006
SUBJECf: Rome~-Dies -7100 27ih AveN: Plan comments
Om File No. 34-Gen S\~20.06.02
We bav-e received the plans for the proposed officelvw1trehouse development on fu-e property at
7100 271lb. Avenue l~orfu.. The following comments should be considered in the Te\1iew of the
application:
Grading, ~ee, and Erosion Control PIau.
1. Imet protection devices should be pro\'ided at the catch "basins south of the
construction entrnnces on Ne\fada Avenue and Louisiana A,renue.
2. The Rock Construction En:trance detail shows a minimum I~oth of 50' .Th.e
mmirnmn.le~ath should 1Je 75' to reduce tIackin~ onto streets.
-.. A Hennepin County O\Vned retaining wall exists along 27fu A venue adjacent to the
,:}.
property. The County has requ~~ that the effort be made to eliminate the .need tor
this wall. Srae grading should be review-ed to see if eliminating the wall is feasible.. .
(The County may participate in the removal of the w-all.)
4. If a retaining wall is -required, it shall be owned by the association and not by the
County.
5. The majority of storm water nmoffwill be directed to the storm sewer, conve}ing
flows to the proposed. pond located at the southwest corner of the pr~.erty. A minor
amount will be directed to Nevada A \'enue. CB-6 could be sbifted south, nearer the
entrance Iocatio~ to capture additional on-sitenmoff.
6. The drain tile located near the northeast comer of the property should be extended.
south. and connected to the nevi storm sewer (CB-l).
7. Drain tile could be installed along the llOrth side of the mro buildings .near-est the
~ ~
northvi~~ comer and. connected to CB-4 to improve dr-ainage.
8.. Storm. sewer calculations ha-ve been received. Review comments will be issued
separately.
Utility and Paving Plan
9. The EOF on the Utility and Pa,ring Plan shows an elevation of 924.50. The elevation
on the Outlet Structure Detail shows 924.2. The proposed elevation should be
verified.
10. FES 3 should have a trash guard to reduce debris being conveyed into the existing
City storm sewer system.
11. The option of a eIP base is shown in the Outlet Structure detail. Cast-in-place bases
are typically not allowed. Base should be precast.
12. The gate valves on the water service lines should be moved nearer the buildings to
allow the entire service line to be tested with the main. Separate services should be
provided for domestic water service and fITe service. Shut off valves for both services
should be located immediately outside the buildings.
13. The most westerI y hydrant should be moved to the west side (pond side) of the
adjacent driveway.
14. The hydrant near the north edge of the property is not required. The hydrant and the
corresponding piping may be eliminated. The entire north-south main could be
elinlinated and the V\rater service shifted to the south side of the northeast building.
15. The easternmost hydrant should be shifted to the north side of the parking lot and
moved east, nearer the east curb line of the lot.
16. The sanitary service for the northeast building should be connected directly to MH C.
17. Coordinate building services locations with interior utility/meter rooms.
18. The fire department has requested a turn around be constructed in tIle north lot. The
turn around would consist of a 20'x20~ extension of the parking lot behind the west
curb line. Placement should be such that the north edge of the turn around lines up
with the east edge of the center doclc area. The turn around area would need to be
designated a no parking area.
19. The curb radius near the northeast comer of the southeast building should be
increased to improve the ability of northbound parking lot traffic to make right turns
at this location.
20. Coordinate Driveway apron construction with Public Works. Concrete apron to be
constructed per City detail in that ajoint is-constructed between the gutter and apron.
21. Each separate address within the redevelopment area is to have its own water meter.
Meters should be coordinated with Public Works.
Landscape Plan
22. Adequate sight lines should be verified prior to the installation of monU-l11ent signs.
23. Plantings and trees should be lcept sufficiently clear of hydrants to eliminate future
maintenance issues.
24. It is recommended that plantings be located such that they are not directly over or
only a minimum distance away from underground utilities.
Other site comments
25. Apply for and comply with all permits required for the completion of the project.
A..nticipated permits that will be required include NPDES and Hennepin County.
26. Plans should be submitted to Bassett Creek Watershed for review and approvaL
27. The plan should show what area(s) will be constructed as part of Phase I and \vhat
parts will be part of Phase II. Also identify an interim grading plan.
28. The west side of Louisiana Avenue is currently striped for an 8' wide parking lane.
The construction of an entrance in this area V\Tould require some re-striping and the
installation of ''No Parking" signs sufficient to allo\v safe sight triangles. This access
should be constructed and signed as an egress only.
29. Fire lane signage should be coordinated with West Metro and City inpection.
30. Currently, in the 27th Avenue corridor, a 40' half ROW exists along the westerly
portion of the property and a 50' half ROW along the easterly portion. Hennepin
County has requested that a consistent 50' half R OW be provided along the entire
property. The plat should be modified to reflect the requested ROW dimensions.
The additional ROW is to allow for the future construction of a right turn lane on 27th
Avenue at Nevada Ave. A layout for a potential right turn lane should be shown on
the plans to assure that a 50' half ROW is sufficient for the construction of the lane.
31. vVest Metro Fire Department will need a connection on the front of each building.
These connections should be coordinated with the services.
32. A pond maintenance agreement between the City and the property owner will be
required.
End of Comments
Ifyau have any questions or concerns please contact me at 651-604-4790.
r.':' "':'.... -, -.y.. ....: -I......~. ~:.w:.::::.:..::.::;:'::."':-,. ...~.. .......~ '....... -.... ~.... ,. - .....~..... ':':'~-::"=:'=,!,'~."" ..- ,.~._ ',. ..........4. .., ", . . . y . .... ~ ..~ ~ _R~:',,,, "=:.,:.. ~ ,:":"N."': ........ .:::, 'h'_-;!: , ....~. _. ...... . _" _. .....~,.. ~.... ....,.~. .___.._._......~_.~. ........ """O:::::::w:r.::'~~'~:-~.:':""_...~,..~
Memo ~ Bonestroo
DC:. Rosene
1\Jt Anderlik &
Associates
Engine-en. & Au:hitl:"S:
-"'-'--"'--
Project Name: Rome Companies Client: City of New Hope
Redevelopment
To: Vince Vander Top, Jason Quisberg File No: 34Gen
From: Brad Schleeter Date: March 28, 2006
Re: Grading plan review
The submitted grading plan (revised 3/24/06) and storm water calculations (dated 3/22/06) for the ROME
Companies Redevelopment Project have been reviewed. A summary of the comments and
recommendations is included below:
GradinQ and Orainaqe
1. Parking lot high points at the following locations are recommended to minimize the site impervious
area that bypasses the submitted catch basins:
. A high point extending northwest of CBMH 7 across the entrance
e A high point in the entrance southeast of CB 6
2. The submitted plan identifies draintile extending east from CB 4. around the north side of the
adjacent building. It is recommended that this draintile also be extended along the east side of the
building to prevent runoff from pooling in the low area being provided.
3. A curb cut west of CB 3 should be provided to allow flows from the parking lot low point west of the
CB 3 to drain properly.
Water Quantitv
4. The submitted pond meets the water quantity requirements of the City of New Hope.
5. The submitted HydroCAD model should be revised to start the pond NWL at the outlet elevation of
the pond (920.5) at the beginning of each storm event.
6. According to our calculations, the 1 aD-year HWL for the pond is 923.7, with the 12-inch outlet pipe
controlling the discharge rate. A pond emergency overflow (EOF) should be provided at or above
this elevation. The EOF should be reinforced to prevent slope erosion and set 0.5 feet lower the
remainder of the pond berm.
Water Qualitv
7. The submitted pond meets the water quality requirements of the City of New Hope.
8. To prevent p.ond bottom sediments from being sucked into the skimmer structure via the
submerged inlet pipe, it is recommended that the submerged pipe be sized to limit the full flow
velocity within the pipe to 1.5 fps during the 5-year event.
Storm Sewer
9. The design capacity for catch basins should not exceed 3 cfs per catch basin. A second catch
basin at CB 3 and CB 5 will be necessary to meet this maximum design capacity per catch basin.
10. Full flow velocities should not fall below 3 fps to prevent sediment from settling and collecting in the
pipe.
Bonestroo, Rosene, Anderlik and Associates, Inc.
2335 West High'vvay 36;; St. Paul, MN 55113;; Phone: 651-636-4600;; Fax: 651-636-1311
Memo Jt1j Bonestroo
-=- Rosene
1\11 Anderlik &
Associates
Engine-en..& Archlteca
11. A minimum storm sewer cover of 2 feet over pipe in grass areas and 2.5 feet in paved areas should
be provided to minimize pipe movement due to freeze-thaw cycles and remove the pipe from the
parking lot subgrade.
12. The storm sewer flared end sections should discharge at the pond NWL (920.5).
1:\34\34GEN\User\Planning\2006\Rome Companies.. 7701 27th Ave\Stormwater review\VTv..JPQ_BPS^Review032806.doc
Bonestroo, Rosene, AnderJik and Associates, Inc.
2335 West Highway 36 JI St. Paul, MN 55113. Phone: 651..636-4600. Fax: 651..636-1311
.JIJJ Bonestroo 2335 West Highway 36 II St. Paul, MN 55113
~J ~ Rosene
U Anderlil< & Office: 651-636...4600 B Fax: 651-636-1311
1 .~ Associates www.bonestroo .com
Engineers & Architects
TO: Kirk McDonald
FROM: Vince Vander Top, Jason Quisberg
DATE: March 29, 2006
SUBJECT: Rome Companies -7100 27th Ave N: Plan comments (II)
Our File No. 34-Gen SW20.06.02
We have received the revised plans for the proposed office/warehouse development on the
property at 7100 27th Avenue North. The following comments are in addition to previous
comments and should also be considered in the review of the application:
Grading, Drainage, an4 Erosion Control Plan
1. . The retaining wall along 27th A venue exists and is owned by Hennepin County. The
feasibility of removing this wall should be reviewed. If feasible, removal should be
coordinated with Hennepin County.
2. If a new retaining wall is required along 27th Avenue, it shall be owned by the
association and not by the County.
3. A minor amount of runoff will be directed to Nevada Avenue. CB-6 could be shifted
south, nearer the entrance location, to capture additional runoff from the site.
4. Review comments regarding the storm sewer calculations are in the attached memo.
Utility and Paving Plan
5. The gate valve on the fire service to the northeast building should be located
immediately outside of the building.
6. The emergency turn around provided in the northeastern parking lot should be moved
approximately 25 feet south to better align with the center dock area.
End of Comments
If you have any questions or concerns please contact me at 651-604-4790.
· st. Paul, St. Cloud, Rochester, Willmar, [\~N · t\~ilwaukee, V'll · Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
JENSEN & SONDRt\LL, P.A.
Attorneys At LaJv
8525 ~DINBROOK CROSSING, STE. 201
BROOKL YN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
GORDON L. JENSEN1 e-mail Ia,v@jensen-sondralI.com
CLARISSA M. KLUG Writer's Direct Dial No.: (763) 201..0222
Al\fY E. P APENHAUSEN e-mail cnzk@jensen-sondrall. com
GLEN A. NORTON
STEVEN A. SONDRJ\LL
ARIc T. STIENESSEN
STACY A. WOODS March 14, 2006
OF COUNSEL
LORENS Q. BRYNESTAD Kirk McDonald VIA E-MAIL & US MAIL
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Preliminary Plat for ROl\1E Companies LLC Addition (Our File No.: 99.15070)
Dear Director McDonald:
We have reviewed the proposed preliminary plat for R01v1E Companies LLC Addition (the
"Plat") and suggest the following matters be addressed as the final plat is prepared:
1. Address Data. Surveyor address and R01v1E Companies addresses are
shown on the Plat. We assume that R01v1E is acting as the developer of its
own land, but if that assumption is incorrect then the developer name and
address or the owner name and address (whichever is missing) should be
supplied on a revised copy of the preliminary plat to provide a permanent
record for the City.
2. Rights-of- W avo Right of way types, widths and conditions are for the most
part either missing from the Plat or are not clearly marked.
3. Previously Platted Details~ Utility details~ Adjoining Land. A number of
sections of the City Code require the area surrounding a plat site (to at least
350 feet) be shown. The Plat shows the surrounding area to about 45 feet.
It is the opinion of our office, however, that both the Planning Commission
and the City Council can waive the requirement for surrounding detail to a
minimum of 350 if other documents submitted with the Plat show data
sufficient to assist with planning review and decisions.
4. Proposed Pedestrian Ways~ Easements~ Alleys. Width markings for such
I Real Property Law areas for the most part are either omitted from the Plat or not clearly
Specialist Certified By
The Mirmesota State marked.
Bar Association
March 14, 2006
Page 2
5. Zoning. Zoning data is included on the Plat for the subdivision1 but is either omitted as to
abutting areas2 or is not clearly marked. Note also that to the east, south and west only abutting
street areas are shown. The City may wish to require zoning and other data regarding the
adjacent parcels that lie beyond those streets.
6. Supplementary Information Required of the Applicant (if applicable). City Code Section 13-
4(a)(4) allows the City Manager to require applicants to supply additional data on land use, soil
survey, potential adjacent subdivision, potential re-subdivision, or similar matters. At this time
our office is not aware of any such requests from the City Manager.
7. Re-zoning (if applicable). City Code Section 13-4(a)(4)(c) provides that re-zoning data (if any)
included in City-approved preliminary plat records appears for informational purposes only. If
applicable, the owner and developer are on notice that such data does not provide a basis for
claiming vested rights.
8. Site plan. The south area of the Plat borders Medicine Lake Road (a County Road), which
normally requires submission of a preliminary site plan under City Code Section 13-4(a)(5).
Absent any objection from the County, however, the City would have the discretion to waive
such requirement - particularly in light of the amount of site layout detail included on the Plat.
9. Lack of Dedication Language. No dedication language appears on the Plat. While the City Code
does not specifically require such language be included at the preliminary plat stage, we ask that
proposed language be submitted to us for review in advance dfthe final plat.
10. Evidence of Ownership. As a matter of City policy, plat applicants are required to submit a title
insurance commitment or other appropriate title history evidence so that the City can verify that
the proper individuals have been identified with respect to signing the Plat. Such information
has not yet been supplied to our office by the applicant. Title evidence should be sent directly to
us as soon as reasonably possiblew
11. Title Insurance for Dedicated Areas (if applicable). Where a plat includes any dedicated
easement or right-of-way areas, we recommend that the owner (and the developer, if any) be
reminded that the City customarily requires a title insurance policy in connection with any such
dedicated areas.
12. City Code Requirements Not Reviewed By Our Office. Please note that our office defers to the
review of other City consultants and/or the review by City staff on the following Code
compliance issues and as such did not conduct a detailed review of these areas when reviewing
the Plat:
1 "Subdivision" can be used to describe anyone of the following: (i) land to be divided into two or more pieces for purposes of sale and/or
development, eii) land that has been divided into two or more pieces for purposes of sale and/or development, or (iii) land divided in any
way to create a new street. "Subdivision" includes re-subdivision. The term can also be used to describe the process of subdividing. See
City Code Section 13-2(b).
2 The City Code does not define "abut," "adjoin," "adjacent" or similar terms. Our office has traditionally interprete<l such terms based on
the context in which they are used in a given situation, but in general the terms describe areas that (i) share a boundary line (including a right.
of-way), (ii) only touch the property in question, or (iii) are near one another but slightly separated (such as by a street or an alley).
I\1arch 14, 2006
Page 3
a. Topography details such as water drain/courses, marshes, woods, rock outcrops, power transmission
poles/lines, and other significant features
b. Stormwater runoff
c. Sewer lines and watermains
d. Water supple
e. Sewage disposal
f. Surface water
Please feel free to contact us with any questions you may have regarding our comments. We would also be happy'
to speak with the owner, surveyor or developer regarding potential revisions to the Plat.
Sincerely,
Clarissa M. KIng, Assistant City Attorney
cc:
Pam Sylvester, New Hope Administrative Support Specialist (via email only, psylvester@ci.new-hope.mn.us)
Vincent T. Vander Top, New Hope Engineer (via email only, vvandertop@bonestroo.com)
Alan Brixius, New Hope Planning Consultant (via email only, planners@nacplanning.com)
Steven A. Sandrall, New Hope City Attorney (via email only, sas@jensen-sondrall.com)
P:\Attorney\Cmk\Clients\CNH\99.15070\ROME Companies LLC Addition.02.Letter to Director McDonald re Preliminary Plat Review.doc
JENSEN & SONDRALL, P.A.
Attorlzeys At Law
8525 EDIN'BROOK CROSSL'{G, STE. 201
BROOKL YN P ARK, Mlt~NESOT A 55443-1968
TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193
GORDON L. JENSENl e-mail law@jensen-sondrall.com
CLARISSA M. KLUG
GLEN A. NORTON
AJ'YIY E. P APENHAUSEN March 22, 2006
STEVEN A. SONDRALL
AIDe T. STIENESSEN
STACY A. WOODS
VIA E-~ TO kmcdonalduuci.new-hope.mn.us
AND BY REGULAR U.S. ~
OF COUNSEL
LORENS Q. BRYNESTAD Kirk" McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, 1v1N 55428
Re: Park Dedication Fees - CommerciaIJIndustriaI
CIC Plats
OUf File No.: 99.10011
Dear Kirk:
This letter is in follow up to our recent staff meeting concerning Planning Cases 06-03 and 06-04
relating to the redevelopment of properties at 7100 27th Avenue North (old Egan-McKay property)
and 4301 Quebec (New Hope One LLC property). You asked me to comment on the City's ability
to assess park dedication fees against these developments. It is my opinion park dedication fees can
be required from these developments as long as the properties are being replatted, the use of the
properties subsequent to their replatting and redevelopment is intensified and there is a reasonable
connection or nexus between the intensified use and the park dedication fees charged. Based on our
discussion at staff level, the answers to these issues are all in favor of charging the fee.
Basically, our authority to charge park dedication fees is found at Mi1tll. Stat. 9462.358(2)(b) and
(2)(c). Please keep in mind that when we accept a cash payment in lieu of a land dedication, the
funds must be placed in a special fund and used only for the specific purpose for which said funds
were obtained. As an example, when we collected the park fee from Winnetka Greens we used it
for new park equipment for Elm Grove Park. There was a reasonable nexus between the
development and the use of the park adjacent to the development. This satisfied the statute's nexus
requirement and specific use of funds requirement.
Also, if there is an objection to payment of the fees by the Developers, we cannot condition our
approvals on payment of the fees. (see Minn. Stat. S462.358(2) (c). In that circumstance, the
approvals would need to be provided however the Developer would be required to escrow funds
subsequent to putting the City on \VTitten notice of the objection, Further, the Developer would be
required to appeal the payment requirement to District Court within 60 days of the plat approval to
determine if the fee is valid. If the Developer failed to timely file the appeal of the fee payment, the
lReal Property Law fee payment would be valid and required as a matter of law.
Specialist Certified By
The Minnesota State If you have any further questions or comments regarding payment of the park dedication fees
Bar Association
:! Admitted in Iowa please contact me or Clarissa Klug. As you lmO\V, I will be out of the office until April 3rd.
Very truly yours,
Steven A. Sandrall, City Attorney,
City of New Hope
JENSEN & SONDRALL, P .A.
March 14, 2006
Van Sickle, Allen, & Associates, Inc.
2955 Xenium Lane N. Suite 10
Plymouth, Mn. 55441
WEST Re: Preliminary Plan Review for 7100 Medicine Lake Rd. in New Hope.
METItO West Metro Fire-Rescue District conducted a plan review on plans
FIR.E-R.ESCUE received and dated on March 3rd, 2006 for the above referenced property.
DISTRICT The following items that are listed below are comments or requirements
per West Metro Fire-Rescue District Policies, the 2003 Minnesota State
Se1ving the Cities of Fire Code, and NFP A Standards.
-Crystal
oNew Hope
1. On drawing # C2, it was noticed that all water mains are a min. of
6" which will allow for the buildings to be fully sprinklered to
NFP A 13 Standards as required by code. Because of this, all
further comments are based on trade offs for fully protected
buildings by automatic sprinkler systems.
2. Building construction type was not noted? A type IIA Protected
Non-Combustible was used for fire flow requirements.
3. A min. fire flow requirement of no less than 1500 gpm shall be
required per Appendixes B and C of the MSFC. Drawing #C2
currently shows 3 hydrants, the hydrant at the far north end may
be deleted. Per District Policy, hydrants shall be located within
100 ft. ofFD connection. The hydrant on the northwest corner of
building 4 shall be moved to the island to the west to meet this
requirement. A min. clear distance of 3 feet shall be provided
around all hydrants on property free of obstructions including
snow, trees, and shrubbery.
4. Buildings 1, 2, & 3 shall have fire department connections located
on south side of buildings to be accessed offrnain drive aisle.
Building 4 shall have the fire department connection located on
the north side to also be accessed off main drive aisle.
S. All sprinkler and domestic water supplies shall be split before the
building allowing two separate lines to enter the building. Do to
the plans showing a sprinkler room with direct access from the
exterior on all buildings, no outside control valve will be required.
6. It was noted that the parking and drive access in front of building
3 is at least 240 feet creating a dead in drive which is over the
4251 Xylon Ave N. max. of 150 feet as described Appendix D of the MSFC. This
New Hope, .lvJ}\J 55428 drive will be required to have a turnaround of either a 120'
Voice 763.537.2323 hammerhead, 60' Y, or a 96' cul-de-sac.
Fax 763.537.5333
www.westmetrofire.com
Plan Review Comments Cont'd.
March 14, 2006
Page 2 of2
7. The exterior curb and corners around building 4 shall have ''No
Parking Fire Lane" signage installed. Please provide this
information on sign plan.
8. Turning radiuses appear to be sufficient.
9. On sheets SP 1, the door swing of the back doors out of the space
should open to the exterior.
10. On sheet SP 1, it was also noted that the sprinkler rooms are on
back of building on buildings 1 & 2?
11. Sprinkler, Electrical, and other mechanical type rooms shall have
labeling on exterior of door.
12. Per District Policy, any building required to have an automatic
sprinkler system, but not a fire alarm system shall have a min.
amount of notification throughout each tenant space which shall
activate upon waterflow of sprinkler system.
If there are any questions or comments, please call (763) 537-2323
Ext. 2003.
--
Page 1 of 1
McDonald Kirk
From: Vander Top, Vince T [vvandertop@bonestroo.com]
Sent: Friday, March 17,2006 6:45 AM
To: McDonald Kirk; Jacobsen Curtis; abrixius@nacplanning.com
Cc: Quisberg, Jason P; Markham Shawn; Johnson Guy
Subject: RE: landscape review
FYI
~ ,,_ ..., .~, ..... ,".,..,.. ..._....~,~ ,.~....y .~..., . .....~.....,.. .......,.-~., -.+."".... .. .~_... ......~....^"., .u.._,...~..._. ..-.,....~~n .~. ...._ . "'.,...~_....., ...... ~.+., .__.:......_.-- ~.__~,......-...~.y-.-~-...:,.....y ...............~... -..+......__~_~..........-.-...-.... ~, . ...., .~_ '.~.r,"- .. _ ". ......... n._._ ......~......, ..~..~, ......._~^..__....._,~~ .._.~,,~.. ,...~.._. ..~.... ,... r_: ..,..._..,....,_~.y...~,.... ,.....~_~...... ~.....~__ ,_~.." _.. ^ ..".^....,
From: Markham Shawn [mailto:smarkham@cLnew-hope.mn.us]
Sent: Thursday, March 16, 2006 2:00 PM
To: Johnson Guy
Cc: Vander Top, Vince T; Quisberg, Jason P
Subject: landscape review
Guy,
I was looking at the landscape plan submitted by Eagan McKay for the redevelopment of the property at Medicine
Lake Road and Louisiana Ave. in regards to anything unusual. The tree and shrub numbers listed seem to be
correct, species other than the Blue Beech" are also acceptable. I spoke with another forester about this species
and she concurred, that this is not a very suitable species for our landscapes and usually exists as a very small
shrubby tree with some upcoming disease issues.
The trees along the roadway were of concern due to the amount of road salts they would be exposed to. Almost
all of the trees along the boulevard are comprised of red maples which have intermediate tolerance and Austrian
pine which are a relatively salt tolerant species. I don't have any issues with these trees' placement. There are a
couple of Norway pines located near the boulevard, adjacent to the pond that could/should be set back as far as
possible from the roadway as they have trouble dealing with salt stress.
I would also like to see the tree warranty for two years rather than one. Just a thought.
Thanks
Shawn
3/20/2006
. ~~ ..~~~ -
.~:::>
STORM WATER
MANAGEMENT
CALCULATIONS
ROME Companies Office/Warehouse Project
New Hope, MN.
V AA Job No. 05337
l\1arch 3, 2006
REVISED March 22, 2006
Van 'Sickle, Allen & Associates, Inc.
2955 Xenium Lane North, Suite 10
Plymouth, l\1N 55441
~'fable of Contents
6~
Summary Storm Water Summary and Hydrograph Tables
Appendix A 2- Year, 10- Y ear and 100- Year Hydrograph Analysis
Appendix B Rainfall Analysis Maps, State of Minnesota
Appendix C Proposed Drainage Area Analysis Map
Appendix D Proposed Storm Water Plan
Appendix E HYDROCAD Calculations
Appendix F Storm Sewer Design Spreadsheet
...." ~...~~.,. -- ~
~. ~+-.... . ~ ~._~-
Storm Water Summary and Hydrograph Tables
The ROME Companies OfficelWarehouse site's hydrology has been evaluated to meet or exceed
1v1PCA and NPDES Best Management Practices (BNfP). The proposed storm water design for the
developed site will have a lower runoff rate than the existing site.
The site is located at the intersection of Medicine Lake Road and Louisiana A venue in New
Hope, Minnesota. The eastern portion of the existing site contains two buildings, parking and drives.
The western side is undeveloped and consists 'of a partially wooded hill. The existing drainage enters
the city storm system without any quality or quantity control.
The proposed site consists of an approximate 5.2 acres distributed with office/warehouse
buildings and their associated parking. The majority of the proposed site is directed by means of
stormwater pipe and overflow drainage to a pond located in the southwest comer. This proposed pond is
designed to contain the National Urban Runoff Program's (NURP) required 2.50" rainfall event prior to
entering into the city storm system (See Appendix D). A structure has been utilized for the pond outlet
to improve rate control and velocity of the water. Small portions of the proposed site's runoff are
directed along the edges of the site. These areas are less the existing site's runoff going in those
directions. Unlike the existing site, any proposed runoff exiting the site consist only of pervious
surfaces; therefore improving both the quality and the quantity of the water exiting the site.
The following tables summarize the data that is revealed in the 2-year, IO-year and IOO-year
hydro graph analysis study. The proposed storm water design for the developed site will have a lower
runoff rate than the existing site conditions. Each sub-catchment is d~scribed in greater detail in the
subsequent pages.
The curve numbers were calculated using HYDROCAD 7.00 design software. The curve
numbers for the proposed site range from 74 to 98, with an overall composite curve number of 90. For
an exact breakdown, see the following HYDROCAD analysis.
Hydrograph Computation Summary Table for the ROME Companies OfficelWarehouse Development
Existing Site Analysis SummalJ' :2 '{eai RunotT 10 y.ear Runoff 1 00 ~{ear Runoff
Total Site Runoff to Pond (cfs) ~jiiii~r1~t~~;~J~i~~~~~~~~~~~1*lXi~f~~1~~f~m~:~~~I~~~~4i$~~~A~iii~~
Developecl Site Analysis Stlmmary 2 ~{ear Runoff lO 't" ear.Runoff ] 00 Year Runoff
Tota] Site Runoff to Pond (cfs) ~\~~~ii~~~~~~r~~~~~~f.~~f~:~:rt~~;'.~4~~1;.~~~t~~~1~'i~{)~~~~~~~~~~f~~~~
Normal and High Water Levels
POND N\\lL (ft) H\\lL (ft)
POND 1 P ~~~~:;:~~~f~r~~O:~~Q~?;.f~i~~ri~~~~~~~1~~;:f.:.9g~t~~f#:~t~:~~~~~
Hennepin County Transportation Department
~~~..~ --.-"- .-. -..- ......... - ~ ~ ~~. ,~-_._~ ~ ~ , ..,~ ~ _.. .., ~_. ~_ ...................__ ~........ ____n-....._..-+.__+-..._ ~_.....~~..~.~ ~_......~.....~ _
1600 Prairie Drive 612-596-0300, Phone
Medina, MN 55340-5421 763-478-4000, FAX
763-478-4030, TDD
www.hennepin.us
March 29, 2006
Mr. Kirk McDonald
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Preliminary Plat - Rome Companies LLC Addition
CSAH-70, Northeast Quadrant Nevada Avenue North
Section 20, Township 118, Range 21
Hennepin County Plat No. 2975
Review and Recommendations
Dear Mr. McDonald:
Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county
review of preliminary plats abutting county roads. The Plat Review Committee reviewed the above plat
at its regular meeting on March 14, 2006. We also discussed some items with City staff regarding the site
plan configuration. The following comments are provided for your consideration:
. The developer should dedicate an additional 10 feet of right of way or trail easement, for a total of 50
feet half right-of-way (where 40 feet exists today), from and along the centerline ofCSAH-70. This
action would help accommodate any future westbound right turn lane serving Nevada Avenue North,
plus a trail as demonstrated on the County Bikeway Plan, and utilities, snow storage, signage, etc.
. We support the proposed closing of the existing CSAH-70 driveways. Minimizing access reduces
turning vehicle conflicts which enhances motorist safety and roadway efficiency.
. County Streetscape Guidelines do not endorse the location of retaining walls within the right-of-way
due to long-term maintenance responsibilities and safety clear zone setbacks. Any proposed new walls
should be located so they are placed outside the right-of-way. In addition, it appears that the existing
retaining wall west of Louisiana Avenue North will no longer be needed upon redevelopment, and that
the regarding of the site could be accomplished so that no retaining walls are needed. We request that
the grading contractor remove the existing retaining wall as part of their site work.
. Please inform the developer that all proposed construction within county right of way requires an
approved Hennepin County permit prior to beginning construction. This includes, but is not limited
to driveway and street access, drainage and utility construction, trail development, and landscaping.
Appropriate forms can be obtained by contacting our Permits Section at (612) 596-0336.
Please direct any response to Dave Zetterstrom at (612) 596-0355.
Sincerely,
q~/Yy-~ 1(. ~~
James N. Grube, P.E.
Director of Transportation and County Engineer
DKZ/tln/rqb
Cc: Plat Review Committee - Byers / Johnson / Lindgren / Holtz / Drager / Zetterstrom / Wiebe / Lemke
Rob Wied, Hennepin County Surveyor's Office
An Equal Opportunity Employer Recycled Paper
-
COMMON INTEREST COMMUNITY NUMBER
A FLEXIBLE CONDOMINIUM
MEDICINE LAKE ROAD
OFFICE/W AREHOUSE CONDOMINIUM
. HENNEPIN COUNTY, MINNESOTA
DECLARATION
TABLE OF CONTENTS
REC IT AL S ... . . . . . . . . .. . . . .. . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. 1
ARTICLE L D EF IN" I T ION S ................................................................................................................ 1
ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION AND USE THEREOF ................3
Section 1. Identity of Real Estate and CIC .....................................................................4
S e c ti on 2. Un its ..................................................................... a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3. Common Elements and LiInited COlTIlTIOn Elements ....................................4
See ti 0 n 4. B 0 un d ari e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
See ti 0 n 5. Use 0 fUn i t5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6. Use of Comlnon Elements..................................................... ........................5
ARTICLE III. MEMBERSHIP AND VOTING RlGHTS IN THE ASSOCIATION;
POWERS OF THE ASSOCLA TION ..............................................................................6
S ecti on 1. Mem b erslli p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
S ecti on 2. Voting Ri g11 ts ................................................................................................ 6
Section 3. Suspensi on of Voting Rights......................................................................... 6
Section 4. Powers of the Association ....... ...... .......... ........ .......... .............. ............. ...... ...6
ARTICLE IV. PROPERTY RIGHTS AND OBLIGATIONS IN THE COMMON ELElvIENTS.........6
S e cti on I. M em b ers' Easem en t an dEn j oym en t . . .. .. . . .. .. .. . .. . . . . .. . .. . .. .. .. . . .. . . .. .. .. . .. . . . . .. . . .. ... 6
Section 2. Extent of Members' Easements ..................................................................... 7
See ti 0 n 3. Del e ga ti 0 n of Use .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Section 4. Taxes and Municipal Special AsseSSlnents on Common Elernents............... 7
Secti on 5. Encroachments.............................................................................................. 8
Section 6. Access and Parking Rights ............................................................................8
Section 7. Association's Easelnen ts ................................................ u............................. 8
Secti on 8. Temporary Constructi on Easements.............................................................. 8
ARTICLE V. S PEe IAL D EC LARANT R1 G HT S ........................................................... u . . . .. . . . .. . . . . . . . . . 8
Secti on 1. Reservati on of Rights.................................................................................... 8
Section 2. Declarant's Easelnent .. ............. ......... ................ .......... ..................... ...... .......9
Section 3. Right to Add Additional Real Estate........ ... n..... ..................... ......... ....... .......9
ARTICLE VI. eo VEN ANT S FOR ASS E S S MEN T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 1. Creation of the Lien and Personal Obligations of Assessments ....................9
Section 2. Purpose of AsseSSlnents ... ..:. ..... ....... ....... ........ ............................ ...... .......... ] 0
Section 3. Annual and Special Assessments ................................................................10
Section 4. Working Capital Fund and Special Assessments for Capital Improvements 1 0
Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4....11
Section 6. Special Assessments to Individual Units. .................................. .... .............. 11
1
Section 7. COlnmencement of Annual Assessments, Due Dates.................................. 11
Section 8. Duties of the Board of Directors .................................................................12
Section 9. Assessment of Cost Due to Willful or Negligent Acts ................................12
Section 10. Effect of Nonpayment of Assessments; Renledies of the Association...... 12
Section 11. Subordination of Lien to Mortgages..........................................................12
ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE ......... ...... .................. ........................ 13
ARTICLE VIII. BUILD IN G AND USE RE S TRl CTI ON S .................................................................... 13
See t i 0]1 1. Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
S e c ti 0 n 2. Sign age ................................................................... . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . .. 13
S ecti on 3. N u isal1 ces....... ... . ... .. .. .. . .. . ... . . .. . . .. ... . . ... . ...... .. . .... . . ... . . . . . .. .. .... . ... .. . . .. . . . ..... . . .. . . . .... 14
Section 4. Garbage and Refuse Disposa1........................................................................14
Section 5. Prohibited Structures and Window Treatments........................................... 14
S ecti 0 n 6. S tora ge . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . .. 14
S ecti 0 n 7. Tim e S l1ares .. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .. . . . . . . . . ., . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
S ecti 0 n 8. ReIl ta 1 of Units. . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .. 14
S ecti 0 n 9. Hazardous Waste........................................................................................... 14
ARTICLE IX. EASEMENTS ................................................................................................................ 15
S e cti 0 n 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. 15
S ecti on 2. U tiliti es an d Drainage................................................................................... 16
ARTICLE X. m S URAN CE . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 16
See ti 0 n 1. R e qui red Cove rag e .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Section 2. Association and Owner Coverage of Units ...................................................17
Section 3. Rep lacement or Repair of Property............................................................. 17
S e cti on 4. Can c e 11 at ion: Not ice of Los s ....................................................................... 1 7
Section 5. Review of Policies ................................................. .......... ............. ................18
Section 6. Blanket Casualty Insurance by Owner ........ .......... ........................... ........... 18
Section 7. Reallocation of Interests for Destroyed Units.............................................. 18
ARTICLE XI. SPECIAL PRO VIS ION S ................................................................................................. 18
Section 1. Oven"iding Provisions................................................................................... 18
S ecti on 2. N oti ce of Default. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
Section 3. Liability for Unpaid Assessments ...............................................................18
S ecti on 4. Restricted A ctiviti es .........................................................................".......... 19
Section 5. Exalnination of Books and Records .............................................................19
Section 6. Right to Cure Default ..................................................................................19
Section 7. Priority of First MOltgagees .........................................................................19
Section 8. Foreclosure of First Mortgages and Contracts............................................ 19
ARTICLE XII. MAINTENANCE AND UNIT ACCESS.............. ..... ........ ......... ............ .......................20
S ecti on 1. Co ffiln 0 n Area Main tenan ce . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 20
Section 2. Unit Access at Reasonable Hours.................................................................. 20
11
Section 3. Enlergency Unit Access .................... ........................ ........ ................. ......... 20
See t ion 4. Un j t M a i 11 ten an c e ........................................................................................ 2 0
AR Tl CLE XIII. EMINENT DO I\IlAIN . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · . · · · . . · · . 2 1
Section 1. Total Taking of Units and Building.............................................................21
Section 2. Partial Taking of Units and Building...........................................................21
Section 3. Taking of COffirTIOn Elernents................................. .....................................21
ARTICLE XIV. GENERAL PRO VI S ION S ........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . · . · · · · · · · · · · · · · . · 21
See t i 0]1 1. En fore em en t ................................................................................................ 2 1
Secti on 2. Ru 1 es and Regulati ons ................................................................................. 21
Secti on 3. Severabi lit)' .............................................................................................. .... 21
Sectio114. Billdillg Effect .............................................................................................21
See ti 0 n 5. Am end men t ............................................................................................ . . . . . 2 1
S ecti 0 n 6. N oti ce s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · . . · . · · · . . . . . . . . . . . . 22
S ecti on 7. Mergers. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . . . · · 22
EXHIBIT A. Le gal Descri pti on of th e Property ................................................................................. 23
EXHIBIT B. Allocation of Interest in Cornman Elements and of the Common Expenses ................24
iii
FLEXIBLE COMMON INTEREST COMMUNITY NUMBER
-
A FLEXIBLE CONDOMINIUM
MEDICINE LAKE ROAD OFFICEIW AREHOUSE CONDOMINIUM
DECLARATION
THIS DECLARATION for Medicine Lake Road Office/Warehouse Condominium is made as of this
_ day of _, 2006 by Rome COlnpanies, LLC, a Minnesota limited liability company, (the "Declaranf'),
pursuant to the provisions of Minnesota Statutes Chapter 515B, known as the Minnesota Common Interest Ownership
Act (the '"Act"), for the purpose of creating Medicine Lake Road Office/Warehouse Condominium, a Condominium.
RECIT ALS
A. Declarant is the owner in fee simple of certain real property situated in the City of New Hope, in the
County of HennepiI}., in the State of Minnesota, legally described on Exhibit A [First Phase-if separate legal] attached
hereto and incorporated herein by reference (the "Property").
B. Declarant intends to develop the Property as an office/warehouse condolninium in accordance with
the uses pennitted under present zoning ordinances consisting of _U [First Phase] Units as hereinafter defined
and to sell, dispose of and convey condominium interests or estates in and to the Property, together with the Building,
structures, improvements and other pennanent fixtures of whatsoever kind thereon, and any and all rights and privileges
belonging to or in anyway appertaining thereto, and to accomplish this purpose desires to submit the Property to the
requirements of the Act.
C. Declarant has deemed it desirable for the preservation of the value of the Property to submit the same)
together with the Building, structures, improvements and other permanent fIXtures thereon to the provisions of the Act,
and has incorporated under Chapter 317 A of the laws of the State of Minnesota "Medicine Lake Road Office/Warehouse
Condolninium Association" for the purpose of administering the Property. The Property is not subject to a master
association.
D. Declarant desires and intends that the owners, mortgagees, occupants, and other persons hereafter
acquiring any interest in the Property shall at all times enjoy the benefits of, and shall hold their interests subject to, the
rights, easements, privileges, and restrictions hereinafter set forth, all of which are declared to be in furtherance of a plan
to promote and protect the cooperative aspect of the condominium form of ownership of the Property and are established
for the purposes of enhancing and perfecting the value, desirability and attractiveness of the same.
NOW, THEREFORE, Declarant, as the sole o\vner of the Property and for the purposes above set forth,
hereby submits the Property to the Act as a Condominium under the name Medicine Lake Road OfficefWarehouse
Condolninium and declares as follows:
ARTICLE I.
DEFINITIONS
The following words, when used in this Declaration (unless the context shall prohibit) shall have the following
meanings:
(a) "Additional Real Estate" The property described on Exhibit C attached hereto and incorporated
herein by reference, that the Declarant reserves the right to add to the Property upon which one or
TI10re Additional Buildings may be built containing up to _additional condominium units, and
Common Elements and Limited COlnmon Elements all pursuant to Article V, Section 3 hereof.
1
(b) '"Associ{[tjOll'~ shall 111ean and refer to the Medicine Lake Road Office/Warehouse Condominium
Association~ a Minnesota nonprofit corporation, its successors and assigns.
(c) "Building" shall Inean and refer to the building or buildings or any pOltion thereof situated upon the
Property at Medicine Lake Road Office/Warehouse Condominium, New Hope, Minnesota,
cOlnprised of L) [First Phase] Units as designated and shown on the Plat and shall
include buildings on the Additional Real Estate if and when the Additional Real Estate is added to
the Property.
(d) '~COnl11101l Elel1zents" shalllnean and refer to the real property owned by the Association for the
COlnmon use and enjoyment of the Owners and such other persons to WhOlTI the Owners may
delegate this right pursuant to this Declaration and to all improvements located thereon and owned or
otherwise held by the Association for the comnlon use and enjoyment of said persons.
The Conunon Elements owned or to be owned by the Association are described as follows:
(i) the Property~ excluding the Units and the Limited Common Elements described belo\\';
(ii) the [First Floor, Second Floor and Third Floor] entry, lobby, stairs, stairwell, hallways,
restrooms, and elevator areas;
(!ii) [EXAMPLE] the conference room, generator room, and storage areas on the First Floor
and lunch room on the Second Floor;
(iv) [EXA1\1PLE] the stoop, steps, timber walls, retaining walls, fences, sidewalks, parking lot,
curbing and driveway areas;
(v) ---parking spaces and _U handicapped parking spaces located in the parking lot as
designated on the Plat;
(vi) the signage at the entrance to the Property from Medicine Lake Road;
(vii) [EXAMPLE] the deck and patio areas, including railings and picnic tables;
( viii) the exterior of the Building, including the roof, siding, gutters, load bearing walls, main
walls, foundation and perinleter doors;
(ix) all doors providing entrance to the Building, including the lobby areas;
(x) all windows on the exterior of the Building and in the lobby areas;
(xi) an exterior and interior lighting and electrical service to the Property, excluding service to
the Units and the Limited Common Elements;
(xii ) the chimney, any chute, flue, duct, wire, conduit, load bearing interior walls, bearing
columns, or any other fixture which lies partially within and partially outside the designated
boundaries of a Unit serving Units;
(xiii) [EXAMPLE] the dumpster and refuse collection area;
(xiv) the emergency generator and all electrical, gas, heating, mechanical and HV AC systems,
including the air conditioning units located on the roof of the Building, providing utilities
to the Building and Units;
(xv) utility closets for telephone, electrical~ and sprinkler systems located on the First Floor,
Second Floor and Third Floor for maintenance of the Building;
(xvi) the automatic fIre sprinkler system and smoke detectors located throughout the Building,
whether within a Unit or not;
(xvii) the storm sewer, sanitary sewer and water lines;
(xviii) public connections for gas, electricity, light, telephone and water not owned by the public
utility or agency providing such services; and
( xix) any and all landscaping, trees, bushes, shrubs, lawn and garden areas.
(e) "Colldonziniunz" shaH mean the real estate, portions of which are designated for separate ownership
as Units and the remainder of which is designated as Common Elements or Limited Common
Elements which are subject to this Declaration. Specifically, as the term is used herein, it means and
refers to Medicine Lake Road OfficeIWarehouse Condominium, COl11ffion Interest Community
Noo_, the Condominium established by this Declaration.
2
(f) ~:'Declar{Illt Control Perio{r~ shall mean the period conunencing on the date of conveyance of the
first Unit to an Owner other than the Declarant and continuing until the earlier of (i) surrender of
control by the Declarant, (for purposes of this calculation the percentage of Units conveyed shall be
calculated using as a nUlnerator the number of Units conveyed and as a denominator the number of
Units subject to the Declarant plus the nUlnber of Units which the Declarant is authorized by the
Declarant to create on any Additional Real Estate) or (ii) 60 days after conveyance of 75% of the
Units to Unit Owners other than Declarant, or (iii) five years from the date of the first conveyance of
a Unit to a Unit Owner other than Declarant.
(g) "Declaraf;on" shall mean this document and all all1endments and supplelnents hereto.
(h) Governblg DOClI111ents" shall mean and refer to this Declaration, and the Articles of Incorporation
. and ByLaws of the Association, as amended from time to time, all of which shall govern the use and
operation of the Property.
(i) "Lil11ited C011l11101l Elenlellts" shall mean and refer to the real property owned by the Association for
the limited use and enjoyment of the Owners and such other persons to whom the o\vners may
delegate this right pursuant to this Declaration and to all iInprovements located thereon and owned or
othenvise held by the Association for the limited common use and enjoyment of said persons as
sh.own on the Plat.
The Linlited Conm1on Elements owned or to be owned by the Association are described in Article II,
Secti on 3 hereof.
U) Mel1zber" shalllnean and refer to all Ovvners who are members of the Association as follows:
(i) the electrical, gas, beating, air conditioning, sanitary sewer and water utility lines, pipes or
systems located within each Unit;
(ii) all \vindows within each Unit (other than windows on the exterior walls which are Common
Elements);
(iii) all entrance doors to a Unit from the hallway and all doors within each Unit;
(iv) all lighting flXtures serving a particular Unit; and
(v) all interior dividing walls and partitions (including the space occupied by such walls or
partitions excepting load bearing interior walls and partitions).
(k) "Ow1ler" shall Inean and refer to the record Owner or contract vendee, whether one or more persons
or entities, of a fee simple title to a Unit situated upon the Property but excluding contract vendors,
unless the contract provides otherwise, and others having such interest merely as security for the
perfonnance of an obligation.
(1) "Parking Spaces" shall mean and refer to the -----parking spaces and _ handicapped parking
spaces as shown and designated on the Plat, which are part of the Conunon Elements.
(In) "Plaf' shall mean the recorded CIC Plat for COffilTIOn Interest Cormnunity Number _, a
Condominium, Medicine Lake Road OfficeIWarehouse Condominium, depicting the Property
pursuant to the requirements of Section 515B.2-11 O( c) of the Act, including any amended or
supplemental Plat recorded from time to time in accordance with the Act.
(n) "Property" shall mean and refer to the property that is subject to this Declaration as defined in
Article II, Section 1.
(0) ~'Unit' shall Inean Unit Numbers , Medicine
Lake Road Office/Warehouse Condominium, ere Number , a Condominium, Hennepin
County, Minnesota, contained within the Building as designated and shown on the Plat.
""l
.J
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION
AND USE THEREOF
Section 1. ID ENTITY OF REAL EST A TE AND Cleo
This Declaration establishes Common lnterest Community No._, a Condominium, Hennepin County,
1vlinnesota, under the name Medicine Lake Road Office/Warehouse Condominium. It is a condominium (and not a
planned comnlunity or a cooperative), and is not subject to a master association. The Common lnterest Community
Plat for this Common Interest COTIlffiunity is being recorded simultaneously herewith and as a part of this Declaration.
Declarant is the owner of the real property and improvenlents located thereon as legally described on Exhibit A, all of
which real property and improvenlents shall hereinafter be referred to as the "Property".
Section 2. UNITS.
There are U Units located on the Property. Each of the Units is allocated the percentage of
undivided interests in the Common Elements and in the common expenses of the Association, specified on Exhibit B
attached to this Declaration, which percentage reflects the number of square feet of a Unit as it relates to the total
square feet of all Units. The real estate which is and shall be held, transferred, sold, conveyed and occupied subject to
this Declaration is "located in the City of New Hope, County of Hennepin and State of Minnesota, and is legally
described as follows:
Unit Numbers , Medicine Lake Road
Office/Warehouse Condominium, Common Interest Community Number_, a Condominium,
Hennepin County, Minnesota.
Units may be subdivided or converted in accordance with Section 515B.2-112 of the Act. In the event of any
subdivision or conversion, the Units' undivided interest in the Common Elements and in the common expenses of the
Association shall be reallocated to reflect the number of square feet of each Unit as it relates to the total square feet of
all Units and presented as a percentage. After any subdivision or conversion, Exhibit B shall be revised to reflect the
ne",' percentages for the Units. Pursuant to Section 515B.2-1 05( a)( 10), the maximum number of Units which may be
created by subdivision or conversion of Units owned by the Declarant is U.
Each Unit constitutes a separate parcel of real estate. The Units shall each be improved within the Building
and will be restricted to office/warehouse use. No Units may be used for residential purposes. Unless stated otherwise
in this Declaration, an Ovmer shall be responsible for Inaintenance of his or her or its Unit.
The identifiers and locations of the Units are shown on the Plat, which is incorporated herein by reference.
The identifier for a Unit shall be its Unit number as shown on the Community Interest Community Plat followed by "
Medicine Lake Road Office/Warehouse Condominium, Common Interest COlnmunity Number_, a Condominium".
Section 3. COMMON ELEMENTS AND LIMITED COMMON ELEMENTS.
The COlnman Elements shall be owned by the Association and used for open space, utilities, and related activities.
Maintenance, replacement and repair of all Common Elements are the responsibility of the Association. The Common
Elements shall be conveyed to the Association as of the date of conveyance of any Unit to an Owner other than
Declarant.
The Limited Corronon Elements shall be o\vned by the Association and ,used only by the Unit Owner to which said
Limited Common Element is assigned or serves. Maintenance, replacelnent and repair of all Limited Common
Elements are the responsibility of the Unit Owner which said Limited Cornman Element serves. The Limited Common
Elements shall be deelned conveyed to the Association as of the date of conveyance of any Unit to an Owner other than
Declarant. In the event a Unit Owner fails to maintain, replace and/or repair the Limited Common Elements which are
assigned to said Owner's Unit or which serve said Owner's Unit, the Association may, but shall not be required to,
4
111aintain, replace and/or repair the Lilnited COInmon Elements for said Unit and assess said Unit for all charges in
connection there\vith, \vhich asseSSlnent shall be imnlediately due and payable to the Association.
Section 4. BOUNDARIES.
The boundaries of each Unit shall consist of:
(a) The space enclosed by the unfinished interior surfaces of perimeter and interior waIls, ceilings and floors
thereof, includ ing vents, doors, windows and such other structural elements that ordinarily are regarded as
enclosures of space, and,
(b) All interior dividing walls and partitions (including the space occupied by such walls or partitions excepting
load bearing interior walls and partitions) and part of the Unit and,
(c) The decorated inner surface of the perimeter and interior \valls (including decorated inner surfaces of all
interior load bearing walls), floors, and ceilings consisting of wallpaper, paint, plaster, carpeting, tiles, and all
other finishing materials affixed or installed as part of the physical structure of the Unit and all immediately
visible fih'tures, heating and air conditioning vents, equiplnent installed for the sole and exclusive use of the
Unit, commencing at the point where the same extends from walls to floors into the interior space from the
structural body of the Building or from the utility lines, pipes, or systems serving the Unit are part of the Unit.
No pipes, 'wires, conduits or other public utility lines or installations constituting a part of the overall systems
designed for the service of any particular Unit of the Building, nor any of the structural members or portions
of any kind, including fixtures and appliances within the Unit, which is not removable \vithout jeopardizing
the soundness, safety, or usefulness of the remainder of the Building, shall be deemed to be a part of any Unit.
Section 5. USE OF UNITS.
Units are restricted to office/warehouse use in accordance with local zoning ordinances. No Unit
shall be occupied or used for any purpose other than professional office/warehouse use consistent with a First Class
office/\^/arehouse and Building. No Unit shall be occupied for residential purposes. No Unit shall be used or
occupied for any unlawful propose or for any purpose which may be dangerous, noxious or offensive or create or
maintain any nuisance or disturbance in, at or on the Property; nor, make or permit any use of the Unit which may
invalidate, or increase the premium cost of any policy of insurance can.ied on the Property and environs and its
operation. No Unit shall be used or occupied as a [EXAMPLES] (a) convenience store, (b) food production
facility, (c) restaurant, (d) day care or related facility, (e) school, (f) training center, (g) gym, (h) church or religious
congregation facility, (i) veterinary office, U) retail store, (k) book store, (1) game room or similar establishment, (m)
adult bookstore or cinema or establishment selling, exhibiting or distributing pornographic or o1;>scene n1aterials, (n)
nail salon, (0) beauty or barber shop, (p) any use which emits an obnoxious odor, excessive noise or sound which
can be heard or smelled outside of said Unit, (q) any use which results in the risk of human exposure to pollutants
and hazards to the environment, or (r) any use which results in excessive traffic and parking in, at or on the Property
to the detriment of the other Owners and occupants.
Section 6. USE OF COMMON ELEMENTS.
Cornmon Elements shall be used only by the Unit Owners and such other persons to whom the
Owners may delegate this right pursuant to this Declaration and the rules and regulations of the Association. There
shall be no obstruction of any C0ffil110n Element. Nothing shall be stored in any Common Element without the
approval of the Association.
Parking Spaces are restricted to parking of passenger vehicles owned, leased or in actual use by an
Owner, Owner's employees, lessees, agents, guests and in v ite-e 5 in the areas designated as Parking Spaces on th~
Plat, and other accessory uses permitted from time to time by rules issued by the Board of Directors of the Association.
No parking shall be pennitted anywhere on the Property except in a designated Parking Space as shown on the Plat. [?
Will there be dock space and/or truck parking?]
ARTICLE III.
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MEMBERSHIP AND VOTING RIGHTS IN THE .t\SSOCIATION~
POWERS OF THE ASSOCIATION.
Section 1. MEMBERSHIP.
Each Ov''11er of a Unit shall be a Member of the Association. Membership shall be appurtenant to and may
not be separate from Ownership of any Unit. The foregoing is intended to exclude persons or entities holding an
interest merely as security for tbe perfonnance of an obligation including contract vendors (unless the contract for deed
provides otherwise) until such time such person acquires a fee simple interest in such Unit by foreclosure or by a
proceeding in lieu thereof, or as to a contract vendor, until such thne as the contract for deed is cancelled. O\vnership of
such Unit shall be the sole qualification for nlembership.
Section 2. VOTING RIGHTS.
The Association shall have wo classes of voting TIlemberships;
Class A. All Members described in Section 1 above~ with the exception of the Declarant, its
successors and assigns, shall be Class A nlembers and shall be entitled to one vote for each Unit ovmed.
Vlhen more than one (1) person holds the interest in a Unit, all such persons shall be Members but the vote for
such Unit shall be exercised as they alTIOng themselves shall determine~ subject, however, to the limitation that
the voting'power for any Unit may not be split. The vote for any Unit which is owned by more than one (1)
Menlber ll1ay not be cast at any Ineeting unless such members have filed with the Secretary of the Association
prior to such meeting the name of one (1) of their number who then shall be the only person authorized to cast
such vote at such meeting. In lieu of such filing prior to every meeting, such Members may file a document
executed by all of them, designating one (1) of their number as the person authorized to cast their vote at all
future n1eetings and such authorization shall continue to be valid until such time as such authorization shall
have been rescinded in vvriting by all of such Members.
Class B. The Class B Member shall be the Declarant (as defined in Article I), its successors and
assigns, which shall be entitled to ten (10) votes for each Unit owned by Declarant during the Declarant
Control Period (as defined in Section~. The voting power to which the Declarant is entitled shall at all
tll11es be calculated to include all Units owned by Declarant. [Switches to one vote per unit at end of
Declarant Control Period.]
Section 3. SUSPENSION OF VOTING RIGHTS.
The right of any Member to vote shall be suspended during any period in which such Member shall be in
default in the payn1ent of any assessment l~vied by the Association. Such rights may also be suspended, after notice
and hearing, for a period not to exceed sixty (60) days for any infraction of any rules or regulations adopted by the
Association.
Section 4. POWERS OF THE ASSOCIATION.
Declarant hereby delegates to, and the Association hereby is permitted to exercise, all powers described in the
Governing Documents, the Act and the statute under which it was incorporated. Neither this COnd0111inium nor the
Association is subject to any Master Association.
ARTICLE IV.
PROPERTY RIGHTS AND OBLIGATIONS IN THE COMMON ELEMENTS
Section 1. MEMBERS' EASEMENT AND ENJOYMENT.
Subject to the provisions of Section 2 below, each Member shall have a non-exclusive easement of ingress
and egress over the Common Elelnents and a non-exclusive easement and right of enjoyment in and to the Common
Elements, and such easelnents shall be appurtenant to and shall pass with the title to each Unit.
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Section 2. EXTENT OF MEMBERS' EASEJ\lIENTS.
The rights and easements in favor of the Menlbers created hereby and the Association'5 title to the Common
Elements shall be subject to the following and as further provided herein:
(a) The right of the Association, as provided in the Governing Documents, to borrow money for the purpose of
l1nproving, repairing and maintaining the Comn1on Elements or any improvelnents thereon, and in aid thereof
to 11lortgage said Property, which rights of such TIlortgagee in said Property shall be subordinate to the rights
of the Melnbers hereunder;
(b) The right of the Association to take such steps as are reasonably necessary to protect the Property against
foreclosure;
(c) The right of the Association, as provided in the Governing Documents, to suspend the voting and enjoyment
rights of any Member for any period during which any assessments remain unpaid, and to suspend the said
enjoyment rights for any period not to exceed sixty (60) days and to impose a fine not to exceed One Hundred
and 00/100 ($100.00) Dollars for each infraction of its published nlles and regulations, each day during which
infractions exist being deemed a separate and distinct infraction; provided, however, that nothing contained in
this Section 2(c) shall be deemed to deny an Owner access to and from his or her or its Unit or the Building
and provided further that the Association must give advance written notice of its intent to impose a [me and
allow the Owner at least five (5) days to cure said infraction;
(d) The right of the Association to dedicate or transfer all or any part of the Common Elements to any public
agency, authority, or utility for such purposes and subject to such conditions as may be agreed by the
Mernbers. Except for the installation of utilities pursuant to the easements created by Article IX hereof, no
such dedication or transfer shall be effective unless an instrument signed by a majority of the Members has
been recorded agreeing to such dedication or transfer, and unless \VIitten notice of the proposed agreement and
action thereunder is sent to each Member at least ninety (90) days in advance of any action taken. The
consent requirements of Article XI, Section 5, must also be TIlet to effect a valid dedication or transfer;
(e) Rights, if any, of the City of New Hope to lnaintain the Common Elements in the event of failure by the
Association to do so;
(f) Utility and drainage easements to install sewer, water, gas, electric and telephone lines, transfonners, towers,
poles, lighting fIXtures, pipes, conduits, cables, "vires, drainage channels and other utility facilities, including
the right of access thereto for the purpose of constructing, installing, repairing, maintaining, altering and
nlodifying any such facilities; and,
(g) Encroachments, if any, created pursuant to Section 5 oft11is Article.
Section 3. DELEGATION OF USE.
Any O\vner nlay delegate, in accordance with the Bylaws, his or her or its right of enjoyment to the COlnmon
Elelnents and facilities to their elnployees, lessees, agents, guests and invitees of the Unit, subject to the limitation
contained in Article VIII, Section 8 regarding rental of the Unit.
Section 4. TAXES AND MUNICIPAL SPECIAL ASSESSMENTS ON COMMON
ELEMENTS.
Taxes and special assessments that would normally be levied against the Cornmon Elelnents. shall be levied
against the individual Units on the Property in proportion to the percentage listed on Exhibit B, or as the governmental
taxing authorities shall detennine, which levies shall be a lien against said individual Units.
7
Section 5. ENCROACHMENTS.
In the event that, by reason of the construction~ reconstruction, rehabilitation, alteration, improvement,
settlenlent or shifting of the Building(s) any part of the Common Elements encroach or shall hereafter encroach upon
any part of any Unit, or any part of any Unit encroaches or shall hereafter encroach upon any part of the Common
Elements or upon any other part of another Unit, or if by reason of the design or construction of utility systems and
ventilation systelTIS, any lnain, pipe, duct or conduit serving lTIOre than one Unit encroaches or shall hereafter encroach
upon any part of any Unit, valid easements for the maintenance of such encroacmnents and for such use of the
Common Elell1ents are hereby established and shall exist for the benefit of such Units, and the Unit Owners, and the
COnllTIOn Elen1ents, as the case lnay be, so long as all or any part of the Building(s) shall ren1ain standing; provided,
however, that in no event shall a valid easen1ent for any encroachrnent or use of the Comnlon Elements be created in
favor of any Unit Owner if such encroachment or use is detrimental to or interferes with the reasonable use and
enjoYlnent of the Condominium or any portion thereof by the other Unit Owners and if it occurred due to the willful
conduct of any Unit Owner.
Section 6. ACCESS AND PARKING RIGHTS.
Ownership of a Unit shall entitle the Owner to the right of ingress and egress in and to the Property from
Medicine Lake Road, in and to the drivevvay and the parking lot, and the right to use the Parking Spaces as permitted
herein.
Section 7. ASSOClA TION' S EASEMENTS.
The Association or its agents or elnployees are hereby granted a perpetual easement for maintenance purposes
and shall have the right to enter a Unit in connection with the maintenance or repair of the Conunon Elements or
Limited COTInnon Elements, if necessary, or any improvements thereon or in connection with its maintenance
responsibilities set forth in Article XII.
Section 8. TEMPORARY CONSTRUCTION EASEMENTS.
Owners shall have the right to install partitions within its Unit and accordingly create a layout to suit the Unit
Owner's requirements, provided, however, that there shall be no encroachment or attachment to or through any
Common Element or any mechanical, plumbing, or electrical additions within the Unit without first obtaining approval
of the Association. Owners shall be solely responsible for obtaining any and all permits required to commence said
construction and shall obtain a Certificate of Occupancy from the City of New Hope within sixty (60) days of any
construction commencement. Owners shall have a temporary easement over the Cornman Elements and Limited
Common Elements for construction purposes during the sixty (60) day construction period; however, Owners shall be
solely responsible for any damage sustained to the Common Elements or Limited Common Elements as a result of said
constructi 0 n.
ARTICLE V.
SPECIAL DECLARANT RIGHTS
Section 1. RESERVATION OF RIGHTS.
The Declarant shall have and hereby reserves for its benefit the exclusive and unconditional right to:
(a) complete improvements indicated on the Plat;
(b) maintain sal~s offices, Inanagement offices and models in Units or on Common Elements and to
Inaintain signs advertising the Property within the Common Elements and in model Units; and,
(c) control the operation and adlninistration of the Association, including without lin1itation the power to
appoint and remove the members of the Board of Directors of the Association pursuant to Section
515BJ-I03 of the Act, until the earlier of the voluntary surrender of control by Declarant or the end
of the Declarant Control Period.
8
Additionally, for so long as Declarant is a Class B Melnber of the Association, Declarant' 5 \vritten consent shall be
required for any anlendment to the Governing Docun1ents which directly or indirectly affects or TI1ay affect Declarant's
rights under the Governing Documents.
Section 2. DECLARANT'S EASEMENT.
The Declarant shall be deemed to have conveyed fee simple title to the Common Elen1ents and the Limited
Common Elelnents to the Association as of the date of conveyance of a Unit to an Owner other than Declarant;
provided~ however, that Declarant shall have and does hereby reserve the right and easelnent to enter upon and pass
through, on and over such COlTIlTIOn Elements and Litnited COlnmon Elelnents for the purpose of n1aintaining,
developing and inlproving the C01l1mOn Elements and Lhnited Common Elelnents, if necessary, or Units and
marketing and selling Units. The Association shall at all times have responsibility for managenlent and maintenance of
the Common Elements and shall govern and control the same, except for the rights and easements of Declarant
provided in this Section 2. In the event the Unit Owner fails to maintain, replace and/or repair the Limited Common
Elelnents assigned to its Unit or which serve its Unit as set forth in Article II Section 3 hereof" the Association shall
have the right to maintain~ replace and/or repair said Limited Common ElelTIents. The cost of such maintenance shall
be assessed against the Units as set forth in Article VI herein.
Section 3. RIGHT TO ADD ADDITIONAL REAL ESTATE.
The Medicine Lake Road Office/Warehouse Condominium is a flexible conunon interest community under
the Act to \vhich all or/any portion of the Additional Real Estate may be added. Declarant reserves the right, fann time
to time as detennined by Declarant, in the Declaranf s sole discretion, to add all or any portion of the Additional Real
Estate legally described on Exhibit C attached hereto to the Condominium, at which time such Additional Real Estate,
or portion thereof added at that time, will be included in the definition of Property set forth in Article I, Section (m)
and any Buildings thereon will be included in the definition of Building set forth in Article I~ Section (c) and any
condominium units in such Buildings will be described in Article I~ Section (0) and any Common Elements and
Limited COmlTIOn Elelnents on such Additional Real Estate or in such Buildings will be included in the definition set
forth in Article 1, Sections (d) and (i). Declarant is not obligated to add all or any portion of the Additional Real Estate
to the Master Conununity. The Additional Real Estate, or portions thereof, may be added from time to time as
determined by Declarant during the period commencing on the date this Declaration is recorded in the Office of the
Hennepin County Recorder and ending ten (10) years after that date. The maximum number of Units that may be
added in connection with the addition of the Additional Real Estate is and none of such Units will allo\v
residential use. There is no representation or assurance that any construction on the Units added as part of the
Additional Real Estate will be compatible with the existing development in the Medicine Lake Road o ffic e/W arehouse
COndOTIliniuln, in terms of architectural style, quality of construction, principallnaterials employed in construction and
size. Portions of the Additional Real Estate may be added in any order as determined by the Declarant. TIle Units
added as part of the Additional Real Estate will be subject to the restrictions set forth in this Declaration. The Declarant
does not make any representations or assurances regarding the addition, number of units, character of units or
restrictions affecting units within the Additional Real Estate if the Additional Real Estate is not added to the Medicine
Lake Road Office/Warehouse Condominium.
ARTICLE VI
COVENANTS FOR ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATIONS OF
ASSESSMENTS.
The Declarant, for each Unit owned by it within the Property, hereby covenants, and each Owner of a Unit by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed
to covenant and agrees to pay to the Association: (a) annual assessments or charges; (b) special assessments; (c)
assessments for COlnmon Elements and Limited COlnrnon Elements attributed to said Unit; and (d) asseSSlnents which
otherwise may be charged against the Unit as described in this Article. Such assessments, together \vith interest, costs
of collection and reasonable attorneys' fees, shall be a charge on the Unit and shall be a continuing lien upon the Unit
against which each such assessment is made. Each such assessment, together with interest, costs of collection and
9
reasonable attolneys' fees, shall also be the personal obligation of the person who was the Owner of such property at
the tilne when the assessment fell due. The personal obligation for delinquent assessnlents shall not pass to his or her
successors in title unless expressly assumed by them, but may continue to be a lien on the Unit. No Owner may avoid
the lien of, or personal liability for, such asseSSll1ent by nonuse of the Common Elelnents or Limited COTIlrnOn
Elements or abandonn1ent of the Owner's Unit. All assessments shall be fixed, established and collected in the nlanner
provided in this Article. A lien created under this Article is prior to all other liens and encumbrances on a Unit except
(i) liens and encun1brances recorded before the Declaration, (ii) any fITst 1110rtgage enculnbering the fee simple interest
in the Unit, (iii) liens for real estate taxes and other governmental asseSSll1ents or charges against the Unit.
Section 2. PURPOSE OF ASSESSMENTS.
With the exception of assessments for LiInited COlnn1on Elen1ents, the aSSeSSl11ents levied by the Association
shall be used exclusively to promote the health, safety, and welfare of the occupants of the Property and for the
ilnprovements and n1aintenance of the Comlnon Elelnents and other areas that the Association is obligated to maintain
as provided herein. The annual assessments shall be payable in regular instalbnents and shall be used for (but not
liInited to) obtaining the insurance required by Article X; maintenance to be performed by the Association pursuant to
Article XII; an adequate reserve fund for maintenance, repairs and replacement of the Common Elements and
improvelnents thereon and other areas that must be replaced on a periodic basis; and maintenance, repairs and
repIacelnent of water, se\ver and the utility lines and fixtures that are not the responsibility of the City of New Hope,
which serve the Conlmon Elements or a Unit, and which are not Limited Common Elements.
Section 3. ANNUAL AND SPECIAL ASSESSMENTS.
Annual and special assessments shall be levied against the individual Units on the Property in proportion to
the percentage listed on Exhibit B and may be collected on a monthly basis, provided, however, that assessments
arising out of the negligence or nonperformance of any obligation of an O'Wller shall be an additional amount to that
specific Owner alone and shall be immediately due in full from the Owner and assessments against one but not all of
the Units shall be set pursuant to Section 6 belo\v. In addition, upon determination by the Board, the costs of insurance
may be assessed in proportion to risk or coverage of the Unit being assessed.
The maximum Annual Assessment through December 31,2006 shall be at the rate of
Do Hars ($ ) per month per one percent (1 0/0) of the percentage interests listed on Schedule B. From and after
December 31, 2006, the maximum Annual Assessment may be increased each year in an amount not to exceed
percent L-%) of the nlaximum assessment for the previous year, or an increase equal to the increase
in the Consumer Price Index for all urban consumers during said period, whichever is greater, \vithout a vote of the
membership. The maxunum Annual Assessment may be increased in an amount exceeding the above...stated maximum
by affirmative vote of a majority of the members of the Association and who are voting in person or by pro^-'Y at a
meeting of the Association duly called for that purpose.
Section 4. WORKING CAPITAL FUND AND SPECIAL ASSESSMENTS FOR CAPITAL
IMPROVEMENTS.
[OPTIONAL: Declarant shall establish a working capital fund to meet unforeseen expenditures, or to
purchase additional equiprnent or services, during the Association's beginning years of operation. The Board shall
include in each annual budget a reasonable amount of working capital, based upon the anticipated needs of the
Association for the year in question. There shall be contributed to the working capital fund, on a one-tiIne basis,
upon the sale, transfer and assignment of each Unit, an amount equal to two months installments of the estimated
annual assessment for the Unit. The contribution shall be paid at the earlier of the time of closing of sale of the Unit
or the tiIne of tennination of the Declarant Control Period. The contributions to this fund are in addition to the
regular installments of annual assessments, and shall not be a credit to the regular annual installments of annual
assessments levied against the Units. The funds shall be deposited into a segregated Association account no later
than the tennination of the Declarant Control Period. Funds deposited in said account shall not be used to defray
any of Declarant's expenses, reserve contributions or construction costs, but may be used to make up any budget
deficits during the Declarant Control Period. However, upon the closing of the initial sale of a Unit, Declarant may
reimburse itselffrom funds collected from the purchaser at the closing for any prior contributions made by Declarant
to the working capital fund with respect to that Unit.]
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1n addition to the alIDual assessnlents authorized by Section 3 hereof [OPTJONAL: and the working capital
fund], the Association lnay levy in any asseSSlnent year a special asseSSlnent applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement
of a capital ilnprovement or COlnnlon Elenlent, including the necessary fixtures and personal property related thereto,
provided that any such assessment shall have the assent of a nlajority of the Melnbers of the Association and who are
voting in person or by proxy at a TI1eeting of the Association duly called for this purpose.
Section 5. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS
3 AND 4.
\Vritten notice of any lneeting of the general membership required for an action authorized under Section 3 or
4 shall be sent to all Members not less than thirty (30) nor nlore than sixty (60) days in advance of the n1eeting. At the
first such nleeting called, the presence of a 111ajority of the Members or of proxies entitled to vote of both classes of
n1embership shall constitute a quorum. If the required quorum is not present, another meeting nlay be called subject to
the same notice requirenlent, and the required quorun1 at the subsequent meeting shall be one-half of the quorum
required at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the
preceding lneeting.
Section 6. SPECIAL ASSESSMENTS TO INDIVIDUAL UNITS.
Special assessDlents shan be assessed against less than all of the individual Units for:
(a) common expenses or portions thereof benefiting one or more of the Units, which may be assessed exclusively
against the Units benefited;
(b) expenses for LiInited Common Elements which shall be assessed against the Unites) which the Limited
Common Elements benefit;
(c) reasonable attorneys' fees incurred by the Association in connection with the collection of assessments or the
enforcernent of the Governing Documents or the Rules against a Member, which may be assessed against the
Member' 5 Unit;
(d) fees and charges, interest, fines and late charges for: services provided to a specific Unit, late payments of
assessments, violations of the Governing Documents or Rules, fees for preparation of Association documents,
resale certificates, etc.; and
(e) willful or negligent acts as set forth in Section 9 hereof.
Section 7. COMMENCEMENT OF ANNUAL ASSESSMENTS~ DUE DATES.
The annual assessments provided for herein shall commence as to all Units on the date that the first Unit is
sold to an Owner other than Declarant. Annual assessnlents for Units on any part of the Additional Property, if added
to the Condominium, shall commence as to the Units constructed on that Additional Property on the date that the fITst
Unit on such Additional Property is sold to an Owner other than Declarant.
The fITst annual assessment shall be made for the balance of the calendar year and shall become due and
payable in equal installments on payment dates to be established by the Board of Directors.
The amount of annual assessment which Inay be levied for the balance remaining in the fIrst year of
assessment shall be an amount which bears the same relationsh-ip to the annual asseSSlnent provided for in Section 3
hereof as the relnaining number of months in the year bear to twelve.
The due date of any special assessment under Section 4 shall be fixed by the resolution authorizing such
assessment.
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Section 8. DUTIES OF THE BOARD OF DIRECTORS.
The Board of Directors of the Association shall fix the anlount of the annual assessment, special assessment
and asseSSlnent for Common EleIl1ents against each Unit by November 1 st of each year for the subsequent year and
shall notify each Unit o\vner in writing of said amount at least thirty (30) days in advance of the comnlencement of
such annual assessn1ent, special asseSSlnent and assessn1ent for Common Elements to be effective January] Sl of the
follo\ving year.
Written notice of the annual aSSeSSll1ent, special assessment and asseSSlnent for Comlllon Elelnents shall be
sent to each Owner subject thereto, provided, however, that the failure to send such written notice shall not render any
assessment invalid.
The Board shall have the right to collect any annual assessment, special assessnlent or assessment for
COffilnon Elements on a TI10nthly basis. The Association shall, upon demand, and for a reasonable charge, furnish a
certificate in writing signed by an officer of the Association setting forth whether the assessments on a given Unit have
been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 9. ASSESSMENT OF COST DUE TO WILLFUL OR NEGLIGENT ACTS.
If the need for maintenance or repair is due to the \villful or negligent acts of an Owner or the Owner's
employees, lessees: "agents, guests and invitees, the cost of such maintenance less the net insurance proceeds received
by the Association due to such act or neglect, if any, shall be assessed against such Owner's Unit and shall be added to
and become a part of the current annual assessment against that Unit and, at the option of the Board, shall be payable in
full with the next monthly installment of the then current annual assessment, or divided equally over the remaining
lnonths for the then current annual assessment and payable with and in addition to the monthly installments of the then
current annual assessment.
Section 10. EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE
ASSOCIA TION.
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the
rate of eight percent (8%) per annUlTI. The Association may bring (a) an action at law against the Owner personally
obligated to pay the assessments, and/or (b) foreclose its lien for the amounts owed by the Owner.
To evidence a lien for sums assessed pursuant to this Article, the Association may prepare a VvTitten notice of
lien setting forth the amount of the assessment, the date due, the amount relnaining unpaid, the name of the Owner of
the Unit, and a description of the Unit and file or record the SaIne, but such notice of lien shall not be recorded until
such assessment has been wholly or partially unpaid for at least thirty (30) days from the due date. Such lien may be
enforced and foreclosed by the Association in the same manner in which mortgages on real property may be foreclosed
by action or by advertisement under a power of sale in Minnesota. Each Owner, by acceptance of a deed for any Unit,
does further hereby give full and complete power of sale to the Association and does consent to a foreclosure of the
assessment lien as if such lien were a mortgage containing a power of sale. In the event of any such foreclosure, and in
the further event that the Association shall prevail in any such foreclosure, the person personally obligated to pay the
same shall be required to pay all costs of foreclosure, including but not limited to, reasonable attorneys' fees. The
person personally obligated to pay such lien shall also be required to pay the Association any assessments against the
Unit \vhich shall become due during the period of foreclosure. The Association shall have the right and power to bid at
the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use, and otherwise deal with
the Unit as the Owner thereof. Prior to the Association reselling the Unit after foreclosure, no assessments shall be
levied against the subject Unit; provided, however, that if the Association rents or leases the Unit, the Association shall
once again have the right to levy assessments against said Unit. A release or satisfaction of the notice of lien shall be
executed by an officer of the Association and recorded upon payment of all sums secured by such lien.
Section 11. SUBORDINATION OF LIEN TO MORTGAGES.
The lien of the assessments provided for herein shall be subordinate to the lien of any fIrst mortgage now or
hereafter placed upon a Unit. Sale or transfer of any Unit shall not affect the assessment lien. However, the sale or
12
transfer of any Unit pursuant to l110rtgage foreclosure or any proceeding in lieu thereof (including the delivery of a deed
in lieu thereof) shall extinguish the lien of sLlch assessments as to paYlnents which become due prior to sllch sale or
transfer. No sale or transfer shall release such Unit fronl liability for any assessments thereafter beconling due~ nor
fronl the lien of any such subsequent assessments.
All other parties acquiring liens on any Unit after this Declaration is recorded shall be deenled to consent that
their liens shall be and relnain inferior to future liens provided for herein.
The Association shall, upon written request, report to any first Mortgagee or other encllll1brance holder of a
Unit the alnount of the assessnlents renlaining unpaid for a period longer than ninety (90) days after the saIne shall
become due.
ARTICLE VII.
ARCHITECTURAL CONTROL COMMITTEE
No interior or exterior construction, addition, renloval or alteration (including changes in color or appearance)
to the Building or any improvement on the Property, including but not lilnited to construction within a Unit,
replacement of entrance doors to a Common Elelnent hallway, signage as set forth in Article VIII, Section 2, windo\v
treatments as set forth in Article VITI, Section 5, additional fences, retaining \valls, tiInber walls, landscaping, hedges,
\valk-ways, parking lot in1provements, gardens, and other improvements shall be commenced, erected or maintained
except such as are already existing on the Property, until the plans and specifications showing the nature, kind, shape,
height, materials, location and approximate cost of same shall have been subnlitted to and approved in writing as to
hannony of the Property, interior and external design and location in relation to the Building and improvements on the
Property by an architectural control committee COlllposed of the Board of Directors of the Association or three (3) or
more representatives appointed by the Board of Directors. In the event said Board or its designated committee fails to
approve or disapprove such design and location within thirty (30) days after said plans and specifications have been
submitted to it, such approval shall be deemed to have been given. If no application has been made to the architectural
control cOlllffiittee or their representatives, or if such application has been rejected, a suit to enjoin or relTIOVe such
additions, alterations or changes may be instituted at any time by the Association or any Ovmer, in which suit the
Association or any O\vner shall have the right to collect reasonable attorneys' fees, costs and expenses. None of the
members of the architectural control committee shall be entitled to any compensation for their services performed
pursuant to this paragraph, but compensation may be allowed to independent professional advisors retained by such
committee. During the time in which the Association has a Class B membership, aU decisions of the architectural
control committee may be vetoed by the Declarant.
ARTICLE VIII.
BUILDING AND USE RESTRICTIONS
Section 1. USE.
The Units, the Common Elements of the Building and the Property may only be used by an Owner, Owner's
en1ployees, lessees, agents and guests and invitees in accordance with Article II, Sections 5 and 6.
Section 2. SIGNAGE.
Except for the building sign at the entrance to the Property, no sign of any kind shall be displayed by a Unit
Owner or its assigns anywhere on the Property, including on the Building or visible from the exterior of the Building.
The Association shall provide each Unit Owner \vith space on the building sign at the entrance to the Property for the
Unit Owner to list its business name and logo being operated at the Property. Any proposed signage must be approved
by the Architectural Control Committee prior to being added to the entrance sign. All signage shall be at the sole cost
and expense of the Unit Owner. [OPTION: Allow individual-signs on building exterior using specified materials
or subject to Architectural Control Committee.]
Unit Owners shall be permitted to utilize personalized signage identifying their business operated at the
Property on the entrance door of each Unit visible only from the hallway.
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Section 3. NUISANCES.
No noxious or offensive activities shall be carried on in a Unit or on the Common EleInents or Limited
COlnnlon Elell1ents, nor shall anything be done thereon which may be or nlay beCOTIle an armoyance or nuisance to the
other Unit Owners or occupants.
Section 4. GARBAGE AND REFUSE DISPOSAL.
No Unit or Conlmon Element or Linlited COlnmon Element shall be used or maintained as a dumping ground
for garbage or rubbish. Trash, garbage or other waste shall be kept in sanitary containers and placed in plastic bags,
sealed shut before being placed in the dunlpster and refuse collection containers in the areas shown on the Plat and
hidden froIn view of the parking lot. No exterior burning of refuse shall be done. Only trash, garbage and other waste
generated upon the Property shall be placed in the dunlpster and refuse collection containers on the Propelty. The
Association shall have the option of requiring that garbage and rubbish be separated and sorted for recycling.
Section 5. PROHIBITED STRUCTURES~ WINDOW TREATMENTS.
No structure of a telnporary character, basketball hoop, trailer, shed, or other out-building shall be constructed
or placed on the Property. Windo\v treatments must be in harmony with the design of the Building, properly installed
and approved by the Architectural Control COmIuittee. The Architectural Control Committee shall be the final arbiter
of any disputes under this Section.
Section 6. STORAGE.
I?WiIl there by any storage areas separate from Units?]
No boats, snowlTIobiles, trailers, camping vehicles, recreational ,vehicles, unlicensed or inoperable
autolTIobiles or trucks or other vehicles (except automobiles belonging to the Owner or an Owner's guest) shall at any
time be stored or parked on the Property without the express written approval of the Board of Directors.
Section 7. TIME SHARES.
The tilne share form of ownership, or any comparable form of lease, occupancy rights or ownership which has
the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
Section 8. RENT AL OF UNIT.
A Unit may be rented by the Owner thereof provided that any lease agreement between an Owner and a tenant
shall be in writing and shall provide that the terms of the lease shall be subject in all respects to the provisions of this
Declaration and all of the Governing Documents and rules and regulations of the Association. Failure by the tenant to
cOlnply with the tenns of this Declaration and the Governing Documents or the rules and regulations shall be a
violation of the rules and regulations and subject to fines as noted herein, and the Association shall have the right to
enforce the tenns of this Declaration, the Governing Documents or the Association rules and regulations by any legal
means.
Section 9. HAZARDOUS WASTE.
The tenn "Hazardous Substances", as used herein shall mean pollutants, contaminants, toxic or hazardous
wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted,
prohibited or penalized by any "Environmental Law", which term shall mean any federal, state or local law,
ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of
the en vironm ent. Owner agrees that (a) no activity will be conducted on the Property that will produce any
Hazardous Substance; (b) the Property will not be used in any manner for the storage of any Hazardous Substances;
(c) no portion of the Property will be used as a landfill or a dump; (d) Owner will not install any underground tanks
of any type; (e) Owner will not allow any surface or subsurface conditions to exist or corne into existence that
constitute, or with the passage of time may constitute a public or private nuisance; (f) Owner will not permit any
14
Hazardous Substances to be brought onto the Property. If at any tin1e, a Unit is found to be contanlinated or subject
to Hazardous Substances, Owner shall diligently institute proper and thorough cleanup procedures at Owner's sole
cost, and Owner agrees to inden1nify, defend and hold hannless Declarant, the Association, its lenders, any
n1anaging agents of the Property, and their respective partners, officers, directors and ernployees, from all clain1s,
demands, actions, liabilities~ costs, expenses, dalllages (actual or punitive) and obligations of any nature arising from
or as a result of the use of the Property by Owner. The foregoing indell1nification and the responsibilities of Owner
shall survive O\vner~ s sale of its Unit.
ARTICLE IX.
EASEMENTS
Section 1.
[Recite any easements]
[Are there public utility easements on the property?]
15
Section 2. UTILITIES AND DRAINAGE.
Easements for installation and maintenance of utilities and drainage facilities are hereby created and dedicated
in, over and upon the Comn10n Elenlents owned by the Association. Within these easements, no structure, fence,
planting or other Inaterial shall be placed or pennitted to renlain \vhich may dalnage or interfere with the installation
and ll1aintenance of utilities, or \vhich nlay change the direction of flow of drainage channels in the easelnents, or
which may obstruct or retard the flow of water through drainage channels in the easements, or which TIlay interfere
with snovv plo\ving or sno\v storage \vithin these easenlents.
ARTICLE X.
INSURANCE
Section 1. REQUfRED COVERAGE.
The Association shall obtain and lnaintain, at a Ininimum, a master policy or policies of insurance in
accordance \vith the insurance requirements set forth in the Act and the additional requirements set forth herein, issued
by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows:
(a) Property insurance in broad form and flood insurance covering all risks of physical loss for the full insurable
replacelnent costs of the Building (excluding the Units), the Common Elements, the Limited Common
Elements, improvelnents on the Common Elements, less deductibles, exclusive of land, footings, excavation
and other items normally excluded from coverage (but including all building service equipment and
Inachinery). The policy or policies shall cover personal property o\vned by the Association and shall name the
Association as the named insured_ The policy or policies shall also contain "Inflation Guard" and "Agreed
Amount'~ endorsements, if reasonably available. To the extent deemed reasonably feasible by the Board, such
policy or policies shall include such additional endorsements, coverages, deductibles and lnuits with respect to
the foregoing and other hazards as lTIay be required from time to tune by the regulations of lenders as a
precondition to their insuring, purchasing or financing a mortgage on a Unit. The Board Inay also, on behalf
of the Association enter into binding written agreements with a mortgagee, insurer or servicer, obligating the
Association to keep certain specified coverages or endorsements in effect.
(b) Comprehensive public liability insurance covering the ownership, existence, use, operation or management of
the Property, with minimum liInits of $1,000,000 per occun-ence, against claims for death, bodily injury and
property damage, and such other risks as are customarily covered by such policies for projects similar in
construction, location, and use to the Property. Unit owners shall be included as additional insureds but only
for claims and liabilities arising in connection with the ownership, existence, use, operation or management of
the Common Elements and Limited Common Elements. The policy shall contain a ~;severability of interest"
endorsement which shall preclude the insurer from denying the claim of an owner or occupant of a Unit
because of the negligent acts of the Association or other owners or occupants and shall cover claims of one or
more insured parties against other insured parties.
(c) Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers,
trustees, employees or persons responsible for handling funds belonging to or administered by the Association
if deemed to be advisable by the board. The fidelity bond or insurance shall name the Association as the
named insured and shall be written in an amount equal to the greater of (i) the estimated maximum of
Association funds, including reserves, in tbe custody of the Association or management agent at any given
tirne while the bond is in force, or (ii) a sum equal to three months aggregate asseSSlnents on all Units plus
reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation
shall be added if the policy would not othervvise cover volunteers, or a waiver of defense based upon the
exclusion of persons serving without compensation shall be added.
(d) Worker's cOlnpensation insurance, as required by law.
(e) Policies carried pursuant to subsections (a) and (b) shall provide that:
16
(1) each Menlber and any secured party of the Menlber's Unit is an insured person under the policy with
respect to liability arising out of the Melllber~ s interest in the Building~ the COTIl1110n Elements, the
Linlited Comnlon Elements or the Menlber's Inelnbership in the Association;
(2) the insurer waives its rights to subrogation under the policy against any Menlber and against the
Association and Directors;
(~) no act or omission by any Melnber or secured party, unless acting within the scope of authority on
behalf of the Association, shall void the policy or be a condition to recovery under the policy: and
(4) the Association ~s policy shall be the prinlary insurance if, at the tiIne of a loss under the policy, there
is other insurance in the nanle of a Member covering the sanle property covered by the Association's policy.
Section 2. ASSOCIA TION AND OWNER COVERAGE OF UNITS.
[OPTION: In addition to the casualty insurance described in Section l(a), the Common Elements, the
Limited Common Elements, improvements on the Common Elements, the Association, tlrrough the Board of Directors,
may elect to obtain and continue in effect, on behalf of all O\VI1ers, adequate broad-form blanket casualty and fITe
insurance in such form as the Board of Directors deems appropriate in an amount equal to the full replacement value,
without deduction for depreciation or coinsurance, of the Units but not the contents thereof, owned by the Owners.
Insurance premiums from any such blanket insurance coverage, and any other insurance premiums paid by the
Association shall be an expense of the Association to be included in the regular amluaI assessments of the Owners, as
levied by "the Association. The insurance coverage with respect to the Units, shall be mitten in the name of, and the
proceeds thereof shall be payable to the Association as trustee for the Owners.]
The Owners of a Unit shall maintain at all tilnes full casualty insurance on their Unit for the full insurable
value of said Unit, including personal property coverage for items stored within the Limited Common Elements
associated with their Unit. The Owners shall also maintain at all times comprehensive public liability insurance
covering their Unit and the Limited Common Elements associated with their Unit, with minimum limits of $500,000
per occurrence, against claims for death, bodily injury and property damage, and such other risks as a~e customarily
covered by such policies for projects similar in construction, location~ and use to the Property.
Section 3. REPLACEMENT OR REPAIR OF PROPERTY.
Any portion of the Building (excluding the Units), the COlnmon Elements, the Limited Common Elements,
improvements on the Common Elements, including the structural portions and fixtures thereof that has been damaged
or destroyed by a loss covered by the Association's insurance shall be promptly repaired or replaced by the Association
unless (i) the Condolninium COlnmon Interest Community is terminated; (ii) such repair or replacement would be
il1egal~ or (iii) all Members of the Association (including each Member and fIrst lnortgagee on a Unit which shall not
be rebuilt) vote not to rebuild. If less than the entire Building (excluding the Units), the Cornman Elements, the
Limited COlTIlTIon Elements, improvements on the Common Elements, including the strucnrral portions and fixtures
thereof is repaired or replaced, the insurance proceeds attributable to the damaged portion of the Property shall be used
to restore the damaged area to a condition compatible with the remainder of the Property. The proceeds attributable to
that portion of the Property which is not rebuilt shall be distIibuted to the owners of the Units and the secured parties of
said Units, as their interests may appear in proportion to their comnlon expense liability. The cost of repair or
replacement of the Building (excluding the Units), the Common Elements, the Limited Common Elements,
iInproven1ents on the Comnlon Elements, including the structural portions and fixtures thereof in excess of insurance
proceeds and reserves shall be paid as a common expense, and the cost of repair of a Unit in excess of insurance
proceeds shall be paid by the respective Unit Owner.
Section 4. CANCELLATION: NOTICE OF "LOSS.
All policies of property insurance and comprehensive liability insurance maintained by the Association shall
provide that the policies shall not be cancelled or substantially modified, for any reason, without at least 30 days prior
written notice to the Association, to all of the insureds, and to all mortgagees of the Units.
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Section 5. REVIEW OF POL1CIES.
All insurance policies shall be revie\ved at least annually by the Board of Directors in order to ascertain
whether the coverage contained in the policies is sufficient to make any necessary repairs or replacement of the
Building (excluding the Units), the Common Elenlents, the Linlited Conlmon Elements, improvements on the
COll1lTIOn Elenlents, including the structural portions and fixtures thereof which ll1ay have been danlaged or destroyed.
Section 6. BLANKET CASUALTY INSURANCE BY OWNER.
If the Association does not elect to maintain blanket casualty and fire insurance pursuant to Section 2 of this
Article, then the Owner of a Unit shall carry, 111aintain, and timely pay the premiUITI or premiums on a policy of fITe,
exiended coverage, vandalis111, and nlalicious Inischie~ with all risk endorsement insurance. Said insurance shall cover
a mininlUrTI of the entire replacement cost of the improvements in such Unit and Limited Conunon Elements associated
with said Unit and shall provide for at least ten (10) days' notice to the Board of Directors of the Association before
cancellation or material change in such insurance.
Section 7. REALLOCATION OF INTERESTS FOR DESTROYED UNITS.
If: pursuant to Section 3, a Unit is not rebuilt after a casualty, that Unit's entire interest in the Common
Elenlents, votes in.the Association and common expense liability are automatically reallocated as if the Unit had been
condemned, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting
the reallocations.
ARTICLE XI.
SPECIAL PROVISIONS
Section 1. OVERRIDING PROVISIONS.
The provisions of this Article take precedence over any other conflicting provisions of this Declaration.
Section 2. NOTICE OF DEFAULT.
A fIrst mortgagee of a Unit, upon request, is entitled to written notification from the Association of any default
in the perfonnance by the Owner of any obligation under the Governing Documents knO\VI1 to the Association which is
not cured within sixty (60) days.
Section 3. LIABILITY FOR UNP AID ASSESSMENTS.
Any first mortgagee of a Unit \vho obtains title to a Unit pursuant to the remedies provided in its mortgage or
by foreclosure of its mortgage shall not be liable for the unpaid assessments of the Unit which accrue prior to the
acquisition of title to such Unit by the mortgagee, except to the extent allowed by Minnesota Statutes Section 515B.3..
116(b) and as provided in Section 8 of this Article.
Section 4. RESTRICTED ACTIVITIES.
Until the Association has received written approval from [67% of]the first mortgagees of Units, all [or 67010
of] O\vners other than the Declarant and the Class B Member for so long as a Class B membership exists, the
Association shall not be entitled to:
(a) By act or omission seek to abandon, pmtition, subdivide, encunlber, sell or transfer the COlIDTIOn Elen1ents or
the Limited COlnmon Elements owned, directly or indirectly, by the Association for the benefit of the Units.
The granting of easelnents for public utilities or for other public purposes consistent with the intended use of
such Call1non Elements or Limited Common Elements shall not be deemed a transfer within the meaning of
this subsection;
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(b) Change the lnethod of deternlining the obligations~ assessnlents~ dues or other charges which may be levied
against an O\vner;
C c) By act or omission change~ waive or abandon any scheme or regulations~ or enforcement thereof, pertaining to
the architectural design or the exterior appearance of the Building, the maintenance of the C0l11mOn Elements
or Lilnited Common Elements, or COlnmon fences and driveways, or the upkeep of lawns and plantings;
Cd) Fail to maintain first and extended coverage and flood insurance on insurable COTI1TI10n Elements or Limited
COnll110n Elements on a current replacenlent cost basis in an amount not less that 100% of the insurable value,
based on cun"ent replacenlent costs; or
(e) Use hazard insurance proceeds received for losses to any Common Elenlents or Limited COlllman Elements
other than for the repair, replacement or reconstruction of such COmlTIOn Elelnents or Linlited Common
Elements.
Section 5. EXAMINATION OF BOOKS AND RECORDS.
First mortgagees shall have the right to examine the books and records of the Association.
Section 6. RIGHT TO CURE DEFAULT.
First nlortgagees may, jointly or singly, pay taxes or other charges which are in default and which Inay or have
become a charge against the Common Elements or the Limited Common Elements and may pay overdue premiums in
hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Common Elenlents
or the Limited Common Element, and first mortgagees making such payments shall be owed inunediate reimbursement
therefor from the Association.
Section 7. PRIORITY OF FIRST MORTGAGEES.
No provision of the Declaration or ByLa\vs shall be construed as giving to the Owner or to any other party
priority over any rights of fITst mortgagees of Units pursuant to their mortgages in the case of a distribution to O\vners
of insurance proceeds or condemnation awards for losses to or a taking of Common Elements or Limited Common
Elements.
Section 8. FORECLOSURE OF FIRST MORTGAGES AND CONTRACTS.
The sale or transfer of any Unit pursuant to the foreclosure of a fITst Mortgage, or pursuant to any other
proceeding or arrangement in lieu of such foreclosure or cancellation, shall extinguish the lien of all other assessments
as to the installments \vhich became due prior to the effective date of such sale, transfer or acquisition by the Mortgagee
to the end that no assessment liability shall accrue to an acquiring Mortgagee except with respect to installments of
assessments becoming due after possession has passed to such acquiring Mortgagee, whether such possession has
passed at the termination of any period of redemption or otherwise; provided, however, that if a first mortgage on a
Unit is foreclosed and no O\vner redeems during the Owner's period of redemption provided by Minnesota Statutes
Chapters 580, 581 or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the fITst mortgage
shall take title to the Unit subject to unpaid assessments for COffilTIOn Expenses levied pursuant to Sections 515B.3-115
(a), (e)(l) to (5), (f), and (i) of the Act, which became due, without acceleration, during the six months immediately
preceding the fITst day following the end of the Owner~ 5 period of redemption. In the event of the extinguishment of
such assessment lien as aforesaid, the entire amount of such unpaid assessment shall be reallocated and assessed
against, and payable by the Owners of the remaining Units in the Association, exclusive of such encumbered Unit. No
such sale, transfer or acquisition of possession shall relieve an Owner of a Unit from liability for any assessments
thereafter becoming due or from the lien thereof, nor shall it relieve the person personally obligated to pay the
assessments which were levied prior to the transfer of such Unit frOlTI the personal obligation to pay the same.
19
ARTICLE XII.
MAINTENANCE AND UNIT ACCESS
Section 1. COMMON AREA MAINTENANCE.
The Association shall be responsible for and vested \vith the exclusive Inanagement and control of the
Common Elements and all iInprovements thereon (including furnishings and equipn1ent related thereto), and shall keep
the sanle in good, clean, attractive and sanitary condition, order and repair (consistent with its natural character). Said
ll1aintenance, repair and replacement of the COlnnl0n Elelnents shall include, but not be limited to, all expenses
incun'ed by the Association for the Inaintenance, repair, and operation of the Property including but not limited to
lnanagenlent fees; Common Element utilities; maintenance and repair of heating and air-conditioning systems that
serve the Property provided that the electrical costs to operate the HV AC and distribution equipment Inay be separately
lnetered to Owners; water and sewer systems for the Property; janitorial services for the Common Elenlents; exterior
lighting and lnaintenance; maintenance of elevators~ maintenance of electrical and plumbing systems for the Common
Elenlents; exterior Building maintenance in connection with the repair, replacement, painting, cleaning and care of
exterior siding surfaces, soffits, facia, gutters, downspouts, windows, doors, and the roof; care and replacenlent of
landscaping, lawn, trees, bushes, shrubs, grass, garden areas, sidewalks, patio, deck, fencing, retaining walls, tinlber
walls, stoop, steps, driveway and other exterior inlprovements; snow removal from the sidewalks, parking lot and
driveway; maintenance equipment and tools used on the Property; trash removal; security; amounts paid to contractors
or subcontractors ~or work or services performed in connection with the operation and maintenance of the Property;
and all services, supplies, repairs, replacements or other expenses for lnaintaining, repairing and operating the Property
as may be detemlined by the Association from tin1e to time. All such maintenance, repairs and replacements shall be
done as and \vhen, and to the extent that, the Board deems it necessary or desirable.
Section 2. UNIT ACCESS AT REASONABLE HOURS.
For the purpose solely of perfonning the maintenance and repairs authorized by this Article, the Association,
through its duly authorized agents or elnployees, shall have the right, after reasonable notice to the O\VIler, to enter a
Unit with such persons and material as the Association deems necessary at reasonable tunes during the day.
Section 3. EMERGENCY UNIT ACCESS.
For the purpose of performing emergency action to seal the Building and a Unit from weather or otherwise to
prevent damage or destruction to the Building or a Unit, the Association through its duly authorized agents or
elnployees, shall have the right to enter the Building or a Unit at any time, without notice, with such persons and
material as the Association deems necessary to accomplish such emergency repairs or to take such emergency action.
Section 4. UNIT MAINTENANCE.
Owner shall keep, maintain and preserve its Unit in a fITst class condition. Owner at its sole cost and expense
will provide janitorial service for the interior of the Unit as described in Article II, Section 4, and be responsible for all
utility services for which the Unit is separately metered. Ovvner shall promptly perform at its own risk, cost and
expense all maintenance and repair work with respect to the portion of each Unit which it owns that does not comprise
a part of the Common Elernents or Limited CODlman Elements, and which if omitted, would adversely affect the safety
of the Building or other Unit Owners. Said interior repairs and replacements shal1 include, but are not limited to,
interior walls, doors and windows (excluding windows which are part of the Conunon Elements), floors, floor
coverings, light bulbs, plumbing fixtures, hot water systelns, and electrical fixtures. Each Owner shall be liable for any
damages, liabilities, costs or expenses including attorneys' fees, caused by or arising out of its failure to prolnptly
perfonn any such Inaintenance and repair work.
20
ARTICLE XIII.
EMINENT DOMAIN
Section 1. TOTAL TAKING OFUNTTS AND BUILDING.
If the Building and Units are acquired by ell1inent donlain~ the award, including severance danlages, shall
C0111pensate the Association, the O\vners of the Units and ho lders of first ITIOI1:gages or other security interest of record
as their interests nlay appear.
Section 2. PARTIAL TAKING OF UNITS AND BUILDING.
Unless treated as a total taking under Section 1, if part of the Property is acquired by eminent domain, the
award shall compensate the Association, Owners and fITst nlo11gagees of the Units as their interests nlay appear for the
reduction in value of the Common Elements, the Lirllited Common Elements, the Units and the Building. A partial
taking of the Common Elenlents, Limited Common Elenlents or Units shall not affect the voting rights or liability of
that Unit for conunon expenses or limited conlffion expenses.
Section 3. TAKING OF COMMON ELEMENTS.
If part of.the Common Elements is acquired by eminent domain, the award shall be paid to the Association.
The Association shall divide any portion of the award not used for any restoration or repair of the renlaining Common
Elenlents anlong the Owners and fIrst mortgagees as their interests TIlay appear in proportion to their Class A votes in
the Association before the taking.
ARTICLE XIV.
GENERAL PROVISIONS
Section 1. ENFORCEMENT.
The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and charges no\v or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall
in no event be deelned a waiver of the right to do so thereafter.
Section 2. RULES AND REGULATIONS.
The Association may make reasonable rules and regulations governing the use of the Units, the Common
Elenlents and of the Limited Common Elements, which rules shall be consistent with"the rights and duties established
in this Declaration. The Declaration shall supersede any conflicting rules by the Association.
Section 3. SEVERABILITY.
Invalidation of anyone of these covenants or restrictions by judgtnent or court order shall in no way effect any
other provisions which shall renlain in full force and effect.
Sectio n 4. BINDING EFFECT.
The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the
benefit of, and be enforceable by, the Association or the Owner of any Unit subject to this Declaration, their respective
legal representatives, heirs, successors and assigns.
Section 5. AMENDMENT.
Except as provided in the Act or as otherwise provided herein, the covenants and restrictions of this
Declaration may be amended only by the assent ofsix1y-seven percent (670/0) of the Members. Any amendment must
be properly recorded and a recorded certificate of the Secretary of the Association certifying that the alnendment "vas
21
approved by all of the Melnbers shall be sufficient evidence of such fact. The prior written approval of all of the fIrst
1110rtgagees of Units or Owners other than the Declarant shall be required for any alnendn1ent of this Declaration which
vvould affect the right of the Association to do any of the acts specified in Article XI, Section 4( a), (b), (c), (d) and (e).
Section 6. NOT1CES.
Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be
deemed to have been properly sent when mailed postage-paid to the last known address of the person who appears as
Menlber or Owner on the records of the Association at the time of Inailing.
Section 7. MERGERS.
Upon a TI1erger or consolidation of the Association with another corporation as provided in its Articles and
ByLaws, its properties, rights and obligations lnay, by operation of law, be transferred to another surviving or
consolidated association or corporation, or, alternatively, the properties, fights and obligations of another corporation
may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving
corporation pursuant to a merger. The surviving or consolidated corporation may administer the covenants and
restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall
effect any revocation, change or additions to the covenants established by this Declaration within the Property except as
hereinabove provid.ed.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto caused these presents
to be executed this day of , 2006.
R01vIE COIvIP ANTES, LLC
a Minnesota limited liability company
By:
Its: Chief Manager
STATE OF MINNESOTA )
) 55.
COUNTY OF HENNEPIN )
Sworn to and subscribed before 111e this _ day of , 2006, by , as Chief Manager of
Rome Companies, LLC, a Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
My Commission Expires:
THIS INSTRUMENT WAS DRAFTED BY
AND SHOULD BE RETURNED TO:
Ronald A. Zamansky
Zamansky Professional Association
3901 IDS Tower
80 S. Eighth Street
Mirmeapolis, lv1N 55402
22
DECLARA TION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COMMON INTEREST COMMUNITY NO. , A CONDOMINIUM
MEDECINE LAKE ROAD OFFICE/WAREHOUSE CONDOMINIUM
EXHIBIT A
Legal Description of the PropertY
?'""
_.J
DECLARA TION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COMMON INTEREST COMMUNITY NO. , A CONDOMINIUM
MEDECINE LAKE ROAD OFFICE/WAREHOUSE CONDOMINIUM
EXHIBIT B
Allocation oflnterest in CallInan Elements and of the CaInman Expenses
Unit No. Percentage *
100%
*--to be adjusted to reflect square footage of the Unit as it relates to square footage of all Units
RBPIDOCS/FinaICI CDeclaration91805-N ew Hope.a 1 (ehk-cml)
24
[EXAMPLE]
RULES AND REGULATIONS OF
MEDICINE LAKE ROAD OFFICE/W AREHOUSE CONDOMINIUM
ASSOCIATION
(A) General
(1) Medicine Lake Road OfficelW arehouse Condominium Association, a
Minnesota nonprofit corporation (the "Association"), acting through its
Board of Directors on behalf of all of the Unit Owners of Medicine Lake
Road Office/Warehouse Condominium, has adopted the following Rules
and Regulations (the "Rules and Regulations") to govern the operation of
Medicine Lake Road Office/Warehouse Condominium. The terms used
herein, unless otherwise defined, shall have the same definition as set forth
in the Declaration of Medicine Lake Road Office/Warehouse
Condominium dated , 2006, and recorded
, 2006, with the Hennepin County Recorder's office
as Document No. · These Rules and Regulations may be
amended from time to time or repealed by resolution of the Board of
Directors enacted in accordance with the Bylaws of the Association.
(2) Wherever in these Rules and Regulations reference is made to "Unit
Owners, fI such term shall apply to the Owner of any Unit within Medicine
Lake Road Office/Warehouse Condominium, to such Unit Owner's
tenants, employees, agents, visitors, guests, invitees, or licensees.
Wherever in these Rules and Regulations reference is made to the
Association, such reference shall include the Association and any
managIng agent for Medicine Lake Road Office/Warehouse
Condominium when the managing agent is acting on behalf of the
Association.
(3) The Unit Owners shall comply with all the Rules and Regulations
hereinafter set forth governing the Property.
(B) Restrictions on Use
(1) No part of the Building shall be used for any purpose except for
office/warehouse use as set forth in the Declaration.
(2) Unit Owner shall not waste electricity, water or air conditioning and shall
cooperate fully with the Association to insure the most effective operation
of the Building, air conditioning system and the heating system. Unit
Owners shall keep the doors to their Units closed at all times.
(3) Unit Owner assumes full responsibility for protecting its Unit from theft,
robbery, and pilferage which includes keeping Unit doors locked and entry
to the Building closed and secured after normal business ho~rs.
(4) There shall be no obstruction of the Common Elements. Nothing shall be
stored on the Common Elements without the prior written consent of the
Board of Directors except as expressly permitted under the terms of the
Declaration. No portion of the Common Elements shall be decorated or
furnished by any Unit Owner in any manner. The Common Elements shall
be used only for the furnishing of the services for which the same are
reasonably suited and which are incident to the use and occupancy of the
Units. The Building entrances, lobby areas, hallways, elevator, stairwells
and sidewalks shall be used for no purpose other than for normal ingress
and egress. No Unit Owner shall enter upon the roof of the Building
without the prior written consent of the Board of Directors or managing
agent, and no antennas, satellite dishes, or other devices for transmitting or
receiving electronic, microwave, or similar signals or any other structure,
equipment, or other similar items may be placed on the roof or in any
portion of the Common Elements, without the prior written consent of the
Board of Directors or managing agent.
(5) Nothing shall be done or kept in any of the Common Elements which will
increase the rate of insurance for the Property without the prior written
consent of the Board of Directors. No Unit Owner shall permit anything to
be done or kept in the Unit or on the Common Elements which will result
in the cancellation of insurance on the Property or which would be in
violation of any public law, ordinance, or regulation. No gasoline or other
explosive or inflammable material may be kept in any Unit or storage
area. No waste shall be committed on the Property. All radio, television, or
other electrical equipment of any kind or nature installed or used in a Unit
shall fully comply with all rules, regulations, requirements, or
recommendations of the board of fire underwriters and the public
authorities having jurisdiction over the same, and the Unit Owner alone
shall be liable for any damage or injury caused by any radio, television, or
other electrical equipment to the Property. Any increase in the
Association's insurance premiums on the Property due to a Unit Owner's
actions shall be immediately paid by the Unit Owner without the
Association's waiver of its other rights at law or in equity for the Unit
Owner's breach of these Rules and Regulations.
(6) There shall be no smoking on the Property.
(7) Nothing shall be placed in or on any of the windows or windowsills so that
said object can be seen from the exterior of the Building. Nothing shall be
placed upon any Unit entrance that would be unsightly from the hallway.
Unit Owner will promptly remove any such object(s) referenced in this
paragraph upon notice from the Association.
(8) All garbage and trash must be disposed of as set forth in the Declaration.
(9) The toilets and other water and sewer apparatus shall be used only for the
purposes for which designed, and no sweepings, matches, rags, ashes, or
other articles not suitable to the intended use of such appliances shall be
thrown therein. The cost of repairing any damage resulting from misuse of
any such apparatus shall be borne by the Unit Owner causing such
damage.
(10) Nothing shall be done to or in any Unit or to or in the Common Elements
which shall impair or would be likely to impair or change the structural
integrity of the Building, nor shall anything be altered or constructed on or
separated from the Common Elements, except upon the prior written
consent of the Board of Directors.
(11) No improper, noxious, or offensive activity shall be conducted on the
Property, nor shall anything be done thereon which may be or become
unreasonably annoying or a nuisance to the other Unit Owners or
occupants of the Units. No Unit Owner shall make or permit any
unreasonably loud or disturbing noises, cause disturbanc:es or vibrations or
use or operate any electrical or mechanical devices that emit excessive
sound or other waves or create obnoxious odors on the Property or do or
permit anything to be done which will unreasonably interfere with the
rights, comforts, or convenience of other Unit Owners or that would
interfere with the operation of any device, equipment, radio, television
broadcasting, or reception from or within the Property or elsewhere and
shall not place or install any projections, antennas, aerials, or similar
devices inside or outside the Building without the Association's prior
written approval.
(12) No Unit shall be used for any unlawful purpose and no Unit Owner shall
do or permit any unlawful act in or upon a Unit or the Property.
(13) The Association shall have the right to prohibit any advertising by a Unit
Owner which in the Association's reasonable opinion tends to impair the
reputation of the Property or its desirability for office use and, upon
written notice from the Association, the Unit owner shall refrain from or
discontinue such advertising.
(14) Canvassing, soliciting and peddling in the Building is prohibited and each
Unit Owner shall cooperate to prevent the same.
(15) Vending machines shall not be installed anywhere on the Property without
permission of the Association.
(16) All entrances doors to the Building shall be locked after normal business
hours aJ.ld on weekends.
(C) Parking and Storage
(1) No personal property may be stored on the Common Elements except in
storage areas designated as such by the Declaration or by the Board of
Directors. All personal property placed in any portion of the Property,
including without limitation the storage areas, shall be at the sole risk of
the Unit Owner and the Association shall in no event be liable for the loss,
destruction, theft, or damage to such property.
(2) Should an employee of the Association or the managing agent at the
request of a Unit Owner move, handle, or store any articles in storage
areas or remove any articles therefrom or handle, move, park, or drive any
automobile placed in the parking areas, then, and in every such case, such
employee shall be deemed the agent solely of the Unit Owner and not of
the Association for such purpose. The Association shall not be liable for
any loss, damage, or expense that may be suffered or sustained in
connection therewith. Employees of the Association shall be under no
obligation to do or perform any of the foregoing, and this section is solely
for the purpose of clarifying that the Association shall have no liability for
any such actions by any employee of the Association or of the managing
agent.
(3) All vehicles shall be parked wholly within parking space lines. No junk: or
derelict vehicle or other vehicle on which current registration plates are
not displayed or as further restricted in the Declaration shall be kept upon
any of the Common Elements. Vehicle repairs other than emergency
maintenance are not permitted on the Common Elements.
(4) All Unit Owners shall observe and abide by all parking and traffic rules
and regulations posted by the Association or by governmental authorities.
(5) Parking in a manner which blocks sidewalks or the driveway or the normal
flow of traffic is not permitted. If any,vehicle owned or operated by a Unit
Owner or any tenant, guest, invitee, or licensee of any Unit Owner shall be
illegally parked or abandoned on the Property, the Association shall be
indemnified and held harmless by such Unit Owner for any and all loss,
claim, damage, or expense, including but not limited to reasonable
attorney fees, that may ensue. Any such vehicle may be towed or removed
by the Association at the expense and sole risk of the Unit Owner. The
Association shall have no responsibility for damage to any vehicle so
removed.
(6) Vehicles parked in violation of any of these Rules and Regulations may be
towed away at the Unit Owner's sole risk and expense.
(D) Entry into Units
(1) The Association or managing agent shall not cause a master key system to
be used for Units in the Building; however, each Unit Owner shall provide
the Association or the managing agent, and the Association or the
managing agent shall have the right to keep, a working copy of any key(s)
required to gain entry to any Unit. These key(s) ("emergency keys") shall
be coded in such a way as to prevent identification by unauthorized
persons and secured by the Association or managing agent in a locked box
for use only if entry to such Unit is necessitated by the fact or threat of
fire, flood, or any other emergency condition which is likely to adversely
affect the Common Elements and facilities or other Units. The Association
or managing agent shall establish and implement, subject to prior approval
of the Board of Directors, procedures and controls to ensure the proper use
of such emergency keys. In no event shall such keys be removed from the
locked box and used to facilitate entry to a Unit for purposes other than
those noted above. The Association shall have no liability to any Unit
Owner for failure to enter any Unit in the event of an emergency, and no
such liability shall be assumed by the Association by reason of its
possession of emergency keys.
(2) The agents of the Board of Directors or the managing agent, and any
contractor or workman authorized by the Board of Directors or the
managing agent, may enter any Unit at any time reasonably convenient to
the Unit. Owner (except in case of emergency in which case entry may be
immediate and without such permission) for the purpose of exercising and
discharging their proper respective responsibilities, including, without
limitation, inspecting such Unit for the presence of any vermin, insects, or
other pests and for the purpose of taking such measures as may be
necessary to control or exterminate any such vermin, insects, or other
pests.
(3) Employees and agents of the Association are not authorized to accept
packages, keys (other than "emergency keys"), money, or articles of any
description from or for the benefit of a Unit Owner. If packages, keys
other than emergency keys (whether for a Unit or an automobile), money,
or articles of any description are-left with the employees or agents of the
Association, the Unit Owner assumes the sole risk therefor and the Unit
Owner, not the Association, shall be liable for injury, loss, or damage of
any nature whatsoever directly or indirectly resulting therefrom or
COlU1ected therewith. The Association does not assume any responsibility
for loss or damage in such cases. Deliveries requiring the Association or
the managing agent to provide entrance to a Unit will not be accepted.
(E) Common Elements
(1) All persons using any of the Common Elements do so at their own risk
and sole responsibility. The Association does not assume responsibility for
any occurrence, accident, or injury in connection with such use. Each Unit
Owner waives any right to make any claim against the Association, its
servants, agents, or employees, for or on account of any loss or damage to
life, limb, or property sustained as a result of or in connection with any
such use of any of the Common Elements. Each Unit Owner shall hold the
Association harmless from any and all liabilities and any action of
whatsoever nature by any tenants, guests, invitees, or licensees of such
Unit owner arising out of the use of the Common Elements, except where
such loss, injury, or damage can be clearly proved to have resulted from
and been proximately caused by the direct willful action or gross
negligence of the Association or its agents, servants, or employees in the
operation, care, or maintenance of the Property.
(2) Any damage to the Property caused by a Unit Owner shall be repaired at
the expense of the Unit Owner promptly upon request from the
Association or any managing agent.
(3) The Lunch Room and the Conference Room are available for use by all
Unit Ovvners. The Lunch Room ma)t not be reserved for exclusive use and
must be available to all Unit Owners at all times. Unit Owners must clean
up after themselves. The Conference Room may be reserved for use by
Unit Owners on a first come, first serve basis, providing said reservations
are not abusive to the exclusion of other Unit Owners.
(F) Moving
All moves into and out of the Building shall be coordinated through the Board of
Directors of the Association and shall be scheduled during "after business hours" and on
weekends only to avoid disturbing other Unit Owners. A member of the Board of
Directors or the managing agent shall be available to assure a smooth transition of all
moves in and out of the Building. Each Unit Owner is responsible for the proper removal
of trash, debris, crating, or boxes relating to that Unit Owner's move. In the event the
Association becomes responsible for removal of any trash, debris, crating, or boxes, the
Association shall hire said removal and charge said Unit Owner 150% of the cost of said
removal.
When scheduling a move, all Unit Owners must provide the Association with
sufficient information .~roving their occupancy of the Unit, together with their address,
telephone number and a contact person and a forwarding address if they are leaving the
Property .
(G) Association
(1) Charges and assessments imposed by the Association are due and payable
on the first day of each month, unless otherwise specified. Payment shall
be made at the managing agent's office by check or money order, payable
to the order of the Association, or otherwise as the Board of Directors may
direct in writing. Cash will not be accepted.
(2) Complaints regarding the management of the Property or regarding
actions of other Unit Ovmers shall be made in writing to the managing
agent or to the Board of Directors. No Unit Owner shall direct, supervise,
or in any manner attempt to assert control over or request favors of any
employee of the managing agent or the Association.
(3) A Unit Owner may apply in writing to the Board of Directors or managing
agent for a temporary waiver of one or more of the foregoing rules. Such
temporary waiver may be granted by a majority of the Board of Directors,
for good cause shown, if, in the judgment of the Board of Directors, such
temporary waiver will not unreasonably interfere with or materially impair
the Property or present a material adverse risk to the Association, the
Property, or the other Unit Owners.
(4) A Unit Owner is responsible for violations and breaches of these Rules
and Regulations as well as any damage done by their tenants, employees,
agents, visitors, guests, invitees, or licensees. The Association shall
impose fines for each day that a violation and/or breach continues after
written notice of said violation or breach to a Unit Owner. Said fmes may
be collected in the same manner as Association dues as set forth in the
Declaration.
RBP\Docs\Rules and Regulations-Medicine Lake Road.al.
ARTICLES OF INCORPORATION OF
MEDICINE LAKE ROAD OFFICE/W AREHOUSE
CONDOMINIUM ASSOCIATION
TIle llndersigned, being of full age, for the purpose of forming a nonprofit corporation
under Chapter 317 A of Minnesota Statlltes, lenown as The Mirulesota Nonprofit Corporation Act,
hereby adopts tIle follovving Articles of Incorporatioll.
ARTICLE I.
Name
The name of this corporation is Medicine Lake Road Office/Warehouse Condominium
Association.
ARTICLE ll.
Purpose aJ.ld Powers
The purposes for which the corporation (hereinafter "Association") is organized and shall
be operated in general are to provide for management, maintenance, repair, replacement,
preservation and architectural control of Common Interest Community No. , a
Condominium, including but not limited to the Building, Common Elements, and Limited
Cornnlon Elements, which are subject to the Declaration of covenants, conditions, restriction,
and reservations for Common Interest Community No. , a Condominium, Medicine
Lake Road Office/Warehouse Condominium Association (the "Declaration") located upon the
following described real property:
, Hennepin County, Minnesota,
(the "Property"). The additional purpose of the Association is to promote the health, safety, and
welfare of the owners, occupants and residents within the above-described Property and any
additions thereto as may be here8fter brought within the jurisdiction of this Association.
The Association may:
a. Exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in the Declaration applicable to the
Property, to be recorded in tl1e Office of the County Recorder of Hennepin
County, Minnesota, and as the same may be amended from time to time as therein
provided, said Declaration being incorporated herein as if set forth at length;
b. Fix, levy, collect and enforce payment by any lawful means, all charges or
assessments pursuant to the terms of the Declaration; to pay all expenses in
connection therewith and all office and other expenses incident to the conduct of
the business of the Association, including all licenses, taxes or governmental
charges levied or imposed against the property of the Association;
c. Acquire (by gift, pllrcllase, or otherwise), own, hold, improve, bllild upon,
operate, maintain, convey, sell, lease, transfer, dedicate for pllblic LIse or
otherwise dispose of any real or personal property ill connection with the affairs
of the Association;
d. Borrow money for the pllTposes of improving, repairing and maintaining tile
COffilTIOn Elenlellts or Limited Common Elements or any improvenlents located
tllerein and in aid tIlereaf, and, subj ect to the provisions of tIle Declaratioll,
nlortgage, pledge, or deed in trust or hypothecate any or all of its real or personal
property as security for money borrowed or debts incurred;
e. Grallt easements, dedicate, sellar transfer all or any part of the Common
Elements to any pllblic agency, authority or lltility for such purposes and subject
to such conditions as may be agreed to by the members as provided in the
Declaration;
f. Participate in mergers and consolidations with other nonprofit corporations
organized for the same purposes or annex additional residential property,
provided that any such merger, consolidation, or annexation shall have approval
by the members as provided in the Declaration;
a Contract for and employ persons, firms or corporations to assist in the
e.
lllanagement, operation, maintenance and administration of the Property;
h. Make and enforce reasonable regulations concerning the use and enjoyment of the
Property;
l. Enforce provisions of the Declaration, and any and all other covenants, conditions
or restrictions applicable to the Property;
J. Insofar as permitted by law, and consistent with the provisions and purposes
hereof and the Declaration, do any other thing tllat, in the opinion of tile Board of
Directors, will promote the common benefit and enjoyment of the members,
including cooperative developments or undertakings with adjacent properties; and
k. Subject to the provisions of Chapter 518B of Minnesota Statutes and any
successor laws, exercise any and all powers, rights, and privileges which a
corporation organized Ullder the Minnesota Nonprofit Corporation Act of the
State of Minnesota may now or l1ereafter have or exercise consistent with the
Declaration and these Articles.
2
AR TI CLE III.
Pecuniary Gain
Tllis Association does not and shall not, incidentally or othenvise, afford pecuniary gain
to, nor sIlalI any part of the net income or net earnings of tIns Association be distributable or
inllre to the private benefit of its members, directors, officers or any private person; provided,
however, that this Association may pay to its members, directors and officers out-of-pocket
expenses incllrred in the perfOTIllanCe of tlleir duties, and may lease and purchase from, sell to
and otherwise deal with, its members, directors, officers and others in real and personal property,
and Inay hire members to perform professional services, e.g., aCCoLmtant or attorney, with
approval, of the Association's Board of Directors.
ARTICLE IV.
Duration
The duration of this Association shall be perpetual.
ARTICLE V.
Registered Office and Registered Agent
Tile location of tile registered office of this Association shall be
and the name of its registered agent at that address is:
ARTICLE VI.
Incorporator
TIle name and. address of the sole incorporator is: ,
ARTICLE VII.
Membership
Every person or entity who is a record O\VIler of a fee or undivided fee simple illterest in
any Unit (as defined in the Declaration) which is subject to covenants of record and to
assessment by the Association (excluding contract sellers and including in place thereof their
contract purcllasers), shall be a member of the Association. TIle foregoing is intended to exclude
persons who or entities which hold an interest merely as a security for the performance of an
obligation unless and until stIch mortgagee has acquired title pursuant to foreclosure of said
mortgage 811d the period in which the fee owner may redeem from such foreclosure has
terminated or by any proceeding in lieu thereof. Membership shall be appurtenant to and may
not be separated from the ovvnership of any Unit. Ownership of a Unit shall be the sole
qualification for membership.
AR TI CLE VIII._
V oting Ri~hts
The Association may only have two (2) classes of voting n1embership.
.,
.J
a. Class A. Class A menlbers shall be all tl10se owners or entities of tile fee simple
title to any Ullit vVl1ich is a part of tIle Property excluding contract sellers and
including in place tllereof tlleir contract pllrchasers, excluding those having such
interest merely as a secllrity for tile performance of an obligation and excluding
Declarant idelltified in the Declaration. Each Class A member sIlall be entitled to
one (1) vote for each Unit in which he, she, or it llolds the interest required for
membership by Article VII. WIlen more than one person holds SllCll interest in
any Unit, all sllell persons shall be members, and the vote for such Unit sIlall be
exercised as they, among tllemselves, shall deterlllille, but in 110 event shall nlore
than one (1) vote be cast with respect to any Unit.
b. Class B. The DeclaraI1t shall be the sole Class B member and shall be entitled to
ten (10) votes for eacll Unit owned. Class B membership shall cease upon the end
of the Declarant Control Period as defined in the Declaration.
The right of any member to vote shall be suspended during any period in which such member
shall be in default in the payment of any assessment levied by tile Association. Such rights may
also be suspended, after notice and hearing, for a period not to exceed sixty (60) days for any
infraction of any of the rules and regulations published by the Association.
ARTICLE IX.
Board of Directors
The affairs of the Association shall be managed by a Board of Directors. The first Board
of Directors consist of three (3) Directors, who shall continue in office until the first meetlllg of
the members and until their Sllccessors are elected and qualified. The names and addresses of the
Association's initial Board of Directors are:
Name Address
, Minnesota
, Minnesota
, Minnesota
A Director must be a member, except that so long as a Class B membership exists, a Director
need not be a melnber. Cumulative voting shall not be allowed. The number, qualification,
terms of office, method of election, powers, authority and duties of the Directors of tIle
Association, the time and place of their meetings, and such other provisions with respect to them
as are not inconsistent with the express provisions of these Articles may be specified or changed
by the Bylaws, or an amendment of the Bylaws of the Association. The number of Directors
may be changed at any time by amendment of the Byla\vs of the Association. Any Class B
member who is a Director may appoint a representative to act on his behalf.
4
Tile Board of Directors shall fix tile date of COill1nencenlellt and the amOllnt of the
assessnlellt against each Ullit for each annual assessment period at least tllirty (30) days in
advance of such date of COllll11ellCement of suell period, and s11a11 at a time prepare a roll of the
properties and assessments applicable thereto which shall be kept in the office of tlle Association
alld sIla1l be open to inspection by any ll1ember. Written notice of every assessment shall
thereafter be sellt to eacIl owner subject to SllCh assessments. TIle Association sIlall, upon
delnand and upon the paynlent of a reasonable charge, furnish a written certificate signed by an
Officer of the Association setting forth whether or not assessments llpon particlllar Units have
been paid. Sllell certificate sIlall be conclusive evidence of paynlent of 8l1Y assessnlellts tllerein
stated to have been paid.
Any action, otller than an actiol1 requiring membership approval, Inay be taken by the
Board of Directors by written action sig11ed by the number of directors that would be required to
take tIle same action at a meeting of the Board of Directors at which all directors were present;
provided that all directors 811a11 be notified of the text of the written action prior to the signing by
any of the directors. All directors s11a11 be notified immediately of the effective date of any such
written action that is duly taken.
ARTICLE X.
Dissolution
The Association may be dissolved if dissolution is approved by the members as provided
in the Declaration. Upon dissolution of the Association, other than incident to a merger or
consolidation, the assets of the Association shall be dedicated to an appropriate public agency to
be used for purposes similar to those for which this Association was created. In the event that
such dedication is refused, such asset shall be granted, conveyed, and assigned to any nonprofit
corporation, association, trust or other organizations as sIlall at the time qualify under Section
501 (c )(3) of the Internal Revellue Code of 1986, and are engaged in activities substantially
similar to those oftrus Association.
ARTICLE XI.
Stock
This Association shall have no capital stock.
ARTICLE XII.
No Personal Liability
The members, officers and directors of this Association shall have no personal liability
for the debts or obligations of the Association of any nature whatsoever, nor shall allY of the
property of the members, officers or directors be subject to the payment of the debts or
obligations of the Association to an~y extent whatsoever; nor shall a melnber, officer or director
be personally liable to the Association or its n1embers for monetary damages for breach of
fiduciary duty as a member, officer or director. Members, however, shall be liable to the
Association for the assessments as specified in the Declaration.
S
AR TI CLE XIII.
Amelldmellt to .Articles or Bvla\vs
Except as provided in the Declaration, an ameI1dnlent to tl1ese Articles or to tIle Bylaws
shall be adopted upon its receiving the affirmative vote of at least sixty-seVe!l percent (670/0) of
tIle total votes which 111ay be cast by eac11 illembership class at any reglllar, special or annual
Ineetlllg of this Associatiol1.
IN WITNESS \VHEREOF, for the purpose of fOIming this 11011profit corporation Ullder
the laws of tIle State of Minnesota, I, the undersigned as sole incorporator of tins Association,
l1as executed the Articles as of the day and year first above written.
DPD/ART/85TH AVE ARTICLES.Al.DOC(RJvLZ)
6
BYLA WS
OF
MEDICINE LAKE ROAD OFFICEIW AREHOUSE
CONDOMINIUM ASSOCIATION
ARTICLE I
NA1\1E AND LOCATION
TIle name of the corporation is Medicine Lake Road Office/Ware11ouse Condominium
Association, l1ereinafter refen.ed to as the "Association". The principal office of tile Association
shall be located at 1809 South Plymouth Road, Suite 200, Minneapolis, Minnesota 55305, but
meetings of Melnbers and the Board of Directors nlay be held at such places within the State of
Minnesota, County of Hennepin, as may be designated by the Board of Directors.
ARTICLE IT
DEFINITIONS
Terms used herein shall have the meanings ascribed to them in the Declaration of covenants,
conditions, restrictions and reservations for Common Interest Community Nlunber , a
Condominium, Medicine Lake Road Office/Warehouse Condominium Association,
recorded , 2006, in the office of the Hennepin County Recorder, Hennepin
County, Minnesota as Document No. ("Declaration"). The terms of the Declaration
are incorporated herein by reference.
Rome Companies, LLC is the Declarant herein (hereinafter referred to as the "Declarant").
ARTICLE III
MEETING OF MENIBERS
Section 1. Annual Meetings. The first annual meeting of the Members shall be held within
one (1) year from the date of incorporation of the Association, and each subsequent regular annual
meeting of the Members shall be held on such date and at such place as shall be designated by the
Board of Directors in a notice of annual meeting to be furnished to the Members in the manner
required by law. At each annual meeting, there shall be, at a minimum, (i) an election of successor
directors for those directors whose terms have expired, (ii) a report on tIle activities and financial
condition of the association and (iii) consideration of and action on any other matters included n the
notice of meeting.
Section 2. Special Meetings. Special meetings-of the Members may be called at anytime by
the president or by the Board of Directors, or upon written request of the Members who are entitled
to vote fifty percent (50%) of all of the votes of the Class A membership.
Sectio113. Notice of Meetings. Notice of all meetings of the Members, stating the date, time,
1
place complete agenda thereof, and the procedure for appointment of proxies, shall be given by the
President or Secret81Y unless waived in writing. SllC11 notice shall be in writing 811d shall be delivered
by hand or sent by prepaid United States mail to each Member at the Member's address as it appears on
the books of the Association. Notices shall be mailed not less than twenty-one (21) days nor more than
thirty (30) days in advance of any annual meeting, and not less than seven (7) days nor more than thirty
(30) days in advance of any special meeting. Proof of sue11 nlailing shall be given by the affidavit of the
person giving the notice. The notice of the meeting may be waived before or after such meeting.
Section 4. Quorum. The presence at tIle begilming of the meeting of Members entitled to
cast, or of proxies entitled to cast, one-half of the votes of the combined classes of Membership shall
constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the
Declaration or these Bylaws. If, however, such quorum shall not be present or represented at any
llleeting, the Menlbers entitled to vote thereat shall have power to adjourn the meeting from time to
time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be
present or represented.
Section 5. Proxies. At all meetings for Members, the members may vote in person or by
proxy tIle nunlber of votes allocated to his or her Unit as stated in Article III of the Declaration. All
proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall
automatically cease upon conveyance by the Member of his or her Unit.
Section 6. Action Taken Without a Meeting. An action required or permitted to be taken at a
meeting of Members may be taken without a meeting by written action signed by all of the members
entitled to vote on that action.
ARTICLE TV
BOARD OF DIRECTORS: SELECTION~ TERM OF OFFICE
Section 1. Number. Initially, the affairs of this Association shall be managed by a board of
three (3) directors as set forth in the Articles of Incorporation who need not be members of the
Association. Upon the end of the Declarant Control Period (as defmed in the Declaration) the
affairs of this Association shall be managed by a Board of tlrree (3) directors, who must be Members
of the Association.
Section 2. Term of Office. At the fITst annual meeting following the termination of the Class
B Membership, the Members shall elect one (1) of the directors for a term of one (1) year, one (1) of
the directors for a telm of two (2) years and one (1) of the directors for a term of three (3) years; and
at eacll annual meeting thereafter the Menlbers shall fill any vacallcies on the Board of Directors for
the telm(s) then expiring.
Section 3. Removal. In the event of death or resignation of a director, his or her successor
shall be selected by the remaining Member of the Board and shall serve for the unexpired term of
said predecessor.
Section 4. Compensation. No director shall receive compensation for any service rendered
2
to tIle Association. However, any director may be reimbursed for actual expenses incluTed in tIle
perforll1ance of duties.
Section 5. Action Taken Withollt a Meeting. Subject to the requiren1ents of Article VI
Section 7, the directors shall have the right to take any action in the absence of a meeting which they
could take at a meeting by obtaining the written approval of all tIle directors. Any action so
approved shall have tile same effect as thOllgh taken at a meeting of tIle directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination~ Nomination for election to the Board of Directors shall be made by a
Nominating Committee. Nominations may also be made from the floor at the annual meeting. The
Nominating Committee sIlall consist of a Chairperson, who shall be a member of the Board of
Directors, and one (1) or more Members of the Association who need not be Members of tIle Board
of Directors. The Nominating Committee shall be appointed by the Board of Directors prior to each
annual meeting of the Members, to serve from the close of such annual meeting until the close of the
next annual meeting and such appointment shall be announced at each annual meeting. The
Nominating Committee shall make as many nominations for election to the Board of Directors as it
shall in its discretion determine, but not less than the number of vacancies that are to be filled.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At
such election the Members or their proxies may cast, in respect to each vacancy, as many votes as
they are el1titled to exercise under the provisions of the Declaration. The persons receiving the
largest number of votes shall be elected. Cl1ll1ulative voting is not permitted.
ARTICLE VI
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of Directors may be held at such
time aJ.ld place as shall be determined, from time to time by a majority of the Directors. Notice of
regular meetings shall be given to each Director, personally or by mail, telepllone or telegraph, at least
three (3) days prior to the day designated for such meeting unless such notice is waived.
Section 2. Special Meetings. Special meetings of the Directors may be called by the President
and must be called by the Secretary at the written request of one (1) Director. Not less than three (3)
days' notice of such special meeting shall be given personally or by mail, telephone or telegraph, which
notice shall state the time, place and purpose of such meeting.
Section 3. Waiver ofN otice. Any Director may waive notice of a meeting, either regular or
special, before or after SUCll meeting, and such waiver shall be deemed equivalent to the giving of
notice.
Section 4. Quorum. Two-thirds of the Directors shall constitute a quorum for the transaction of
3
business at any llleetlllg of the Board.
Section 5. Adjournment When Quorum Lacking. If at any meeting of the Board of Directors
tllere is 110t a quorun1 present, the Director(s) present Inay adjolun the llleetil1g froIn tlll1e to time lU1tiI a
quorun1 is present. At any suel1 adjollmed meeting at which a quorum is present, any busilless winch
might have beell transacted at the llleeting as originally called may be transacted without further notice.
Tile joillder of a Director in the action of a lneeting by signing and concurring in the minutes t11ereof
shall constitute the presellce of SllCh Director for the purpose of determining a quonml.
Section 6. MaImer of Action. Each Director shall be entitled to one (1) vote, 8l1d the act ofa
majority of tIle Directors present at a meeting sllal1 constitute the act of the Board of Directors.
Sectio11 7. Board Meeting Open to Members. Except as otl1erwise provided in this Section,
meetings of the Board of Directors shall be open to all Members. The Board shall give reasonable
notice to Members of the date, time, and place of each Board Meeting. No notice need be given to
Members if: (i) the date, time, and place of meeting were announced at a previous Board meeting; (ii)
the date, time, and place of the meeting were posted in a location accessible to Members and designated
by the Board from tin1e to time; or (iii) if an emergency requires immediate consideration of a matter by
the Board. Meetings may be closed to discuss the following:
a. personnel matters;
b. pending or potential litigation, arbitration or other potentially adversarial proceedings
betvveen unit owners, between the board or association and unit ovvners, or other matters in which any
unit owner may have an adversarial interest, if the board determines that closing the meeting is
necessary to discuss strategy or to otherwise protect the position of the board or association or the
privacy of a lmit owner or occupant of a unit; or
c. criminal activity arising within the common interest community if the board determines
that closing the meeting is necessary to protect the privacy of the victim or that opening the meeting
would jeopardize investigation of the activity.
Nothing in this subsection imposes a duty on the board to provide special facilities for meetings.
The failure to give notice as required by this subsection shall not invalidate tIle board meeting or any~
action taken at the meeting. The minutes of any part of a meeting tllat is closed under this subsection
may be kept confidential at tile discretion of the board.
ARTICLE VII
THE BOARD OF DIRECTORS:
POWERS. DUTIES AND RESTRlCTIONS
Section 1. Powers. The Board of Directors shall have power to:
(a) adopt and publish rules and regulations govepllng the use of the Units,
Common Elements and Limited Common Elements and the personal conduct of the Members
4
and their guests thereon, and to establisl1 pellalties for the infraction thereof; llotice of any
proposed rule or regulation or amendlnent thereto, shall be fun1islled to the Members, and
sllall be deenled adopted ninety (90) days after such notice llnless the Members, at a special
llleeting called for that purpose, vote to amend or repeal such proposed rule or reglllation;
(b) suspend tile voting and elljoyment rights of any Member for any period dllring
whicl1 any assessments ren1ain unpaid, and to suspend the said enjoyment rights for any period
not to exceed thirty (30) days and to impose a fme not to exceed One Hundred Dollars
($100.00) for each infraction of its published rules and regulatiol1S, each day during which
infractions exist being deemed a separate and disti11ct infraction; provided, however, tllat
nothing contained in this sectio11 1 (b) shall be deemed to deny an Owner access to and :fi:om its
Unit located on the Property (as defined in the Declaration);
(c) exercise for the Association all powers, dtlties and allthority vested in or
delegated to this Association and not reserved to the Membership by other provisions of the
Declaration, the Articles of Incorporation or these Bylaws;
(d) declare the office of a member of the Board of Directors to be vacant in the
event such member shall be absent from three (3) consecutive regular meetings of the Board of
Directors; and
(e) employ a manager, an independent contractor or such other employees, as they
deem necessary, and to prescribe their duties; provided, however, that any agreement for
professional management of the Property, or any other contract providing for services by the
Declarant, shall provide for termination by either party without cause or payment of a
termination fee on ninety (90) days or less "vritten notice and a maximum contract term of three
(3) years.
Section 2. Duties. It shall be the duty of the Board of Directors to:
(a) cause to be kept a complete record of all its acts and corporate affairs and to
present a statement thereof to the Members at the annual meeting of the Members, or at any
special nleeting when such statement is requested by one-half of the Class A members entitled
to vote;
(b) supervise all officers, agents and employees of this Association, and see that
their duties are properly performed;
(c) as more fully provided in the Articles of Incorporation and the Declaration:
1) fix the amount of the annual assessment against each Unit at least thirty
(30) days III advance of each annual assessment period;
2) send written notice of eacll assessment to every Owner subject thereto
at least thirty (30) days in advance of each mual assessment period;
and
5
3) foreclose the lien against any property for which asseSSlllents are not
paid within thirty (30) days after due date or bring an action at la\v
agaillst tIle Owner personally obligated to pay the same;
(d) issue, or to calIse an appropriate officer to issue, upon denlaJ.ld by any person, a
certificate setting forth whetl1er or not any assessment has been paid. A reasonable charge may
be l11ade by the Board for tile issuarlce of these certificates. If a certificate states an asseSSlllent
l1as been paid, such celiificate sIlall be conc1l1sive evidence of SlICh payment;
(e) procure and maintaill adequate liability and hazard insurance on property ovvned
by the Association;
(f) cause all officers or employees having fiscal responsibilities to be bonded, as it
may deem appropriate and in accordance with the Declaration; and,
(g) cause the Common Elements and Limited Common Elements to be maintained
as set forth in tile Declaration.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Officers. The officers of this Association shall be a president,
vice-president, secretary, and treasurer, who shall at all times be Members of the Board of Directors,
aJld such ot11er officers as the Board may frOll1 time to time by resolution create, who need not be
Members of the Board of Directors.
Section 2. Election of Officers. The election of officers shall take place a~ the fITst meeting
of the Board of Directors following each annual meeting of the Members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and
each sIlall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of
tile Association may require, each of whom shall hold office for such period, have such authority and
perfonn such duties as the Board may, from time to time, determine.
Section 5. Resi1IDation and Removal. Any officer may be removed from office with or
without cause by the Board. Any officer may resign at any time by giving written notice to the
Board, the preside11t or the secretary. Such resignation- shall take effect on the date of receipt of such
notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of
such resignation s11a11 not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board.
6
TIle officer appointed to SllCll vacancy shall serve for tl1e renlainder of the ternl of the officer he or
she replaces.
SectioIl 7. Multiple Offices. The offices of presidellt, vice president, secretary and treasurer
nlay be COll1bined as the Melnbers of tIle Board of Directors determine and anyone Member may
110ld nlore tllan OIle office at tIle same tilne, with the exception of president and vice president.
Sectio118. Duties. The duties of the officers are as follows:
PRESIDENT
The President shall preside at all meetings of the Board of Directors, shall see
that orders and resolutions of the Board are carried out, shall sign all leases,
mortgages, deeds, contracts and other written instruments and shall co-sign all checks
and promissory notes.
VICE PRESIDENT
The Vice-President shall act in the place and stead of the President in the
event of his or her absence, inability or refusal to act and shall exercise and discharge
Stich otller duties as may be required by the Board.
SECRETARY
The Secretary shall record the votes and keep the minutes of all meetings and
proceedings of the Board and of the Members; serve notice of meetings of the Board
and of the Members; keep appropriate current records showing the Members of the
Association together with their addresses and shall perform such duties as required by
the Board.
TREASURER
The Treasurer shall receive and deposit in appropriate bank accounts all
monies of the Association and shall disburse such funds as directed by resolution of
the Board of Directors; co-sign all checks and promissory notes of the Association;
keep proper books of accounts; and shall prepare an annual budget and a statement of
income 81ld expenditures to be presented to the membership at its regular annual
meetings, and deliver a copy of each to the Members.
ARTICLE IX
COMMITTEES
Section 1. Standing Committees. The Association shall appoint tIle follo'Vving standing
conunittees which shall serve without compensation.
7
The Nominating Con1ll1ittee
The Maintenance Conmlittee
The Architectural Control COllUl1ittee
Unless otherwise provided herein, each committee shall consist of a Chairperson and one (1) or more
Members and shall include a menlber of the Board of Directors for Board contact. The con1ll1ittees
shall be appointed by tIle Board of Directors prior to each annual TIleeting to serve frOlll the close of
Sttch anllual l11eeting until tIle close of the l1ext annllal meeting and Sllell appointment shall be
arulounced at each arulual meetillg. TIle Board of Directors lnay appalllt such other committees as it
deenls desirable.
Section 2. Nominating Committee. The Nomillating Committee shallllave the duties and
ftmctiollS described ill Article V of these Bylaws and SllCh other functions as the Board, in its
discretion, determines.
Section 3. Maintenance Committee. The Maintenance Connnittee shall advise the Board of
Directors on all matters pertaining to the maintenance, repair or improvement of the Units, Common
Elenlents, Li11uted Common Elements and Property and shall perform StIch other functions as the
Board, in its discretion, determines.
Section 4. Architectural Control Committee. From and after the date hereof, there shall exist
an Architectural Control Committee (ACe). The ArchitectLrral Central Committee shall consist of
the Board of Directors of the Association or three (3) or more representatives appointed by the Board
of Directors. The Architectural Control Committee shall perform the functions described in Article
VII of the Declaration. It shall advise the Board of Directors regarding matters which may affect the
appearance and market value of the development.
Section 5. Subcommittees. With the exception of the Architectural Control Committee as to
those functions that are governed by Article VII of the Declaration and with the ~xception of the
Nominating Committee, each committee shall have the power to appoint a subcommittee from
among its menlbership and may delegate to any such subcommittee any of its powers, duties and
functions.
Section 6. Committee's Response to Complaints. It shall be the duty of each committee to
receive complaints from Members of any matter involving Association functions, duties and
activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate
or refer tllem to such otller committee, director or officer of the Associatiol1 as is further concerned
with tIle ll1atter presented.
ARTICLE X
BOOKS AND RECORDS
The Association shall keep adequate records of its membership, minutes of Members ~ meetings,
minutes of Board of Directors meetings, committee meetings, contracts, leases and other agreements to
which the Association is a party, and material con~espondence and memoranda relating to its operations,
8
811d fUlanciaI records sllfficielltly detailed to enable the Association to prepare the annual report and to
conlply with all applicable laws. The books, records and papers of the Association shall at all times,
during reasonable business hours, be subject to inspection by any Menlber and by any first mortgagee
of a Unit. The Declaration, the f\.rticles of Incorporation and the Bylaws of tIle Association shall be
available, duril1g reasonable bllsllless Il0urS, for inspection by lilY Member and by any fust mortgagee
of a Ullit at the principal office of the ~Association, where copies lllay be purchased at reasonable cost.
ARTICLE XI
ASSESSMENTS
As lllore fully provided in the Declaration, each Member is obligated to pay to the Association
aIIDual and special asseSSlllents all of which are secured by a continuing lien upon the property against
which tile assessment is n1ade. Any assessn1ents which are not paid when due shall be delinquent. If
the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest
from the date of delinquency at the rate of eight percent (80/0) per annum, and the Association may
bring an action at law against the Owner personally obligated to pay tile same or foreclose the lien and
interest, costs, and reasonable attorneys' fees in any such action shall be added to the amount of such
assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein
by non-use of the Common Elements or abandonment of such Ovvner's Unit.
ARTICLE XII
NO CORPORATE SEAL
There shall be no corporate seal.
ARTICLE XIII
AiYfENDMENTS
Section 1. These By-Laws may be amended, at a regular or special meeting of the Members, by
a vote of two-thirds of tIle Members, provided that so long as tllere is a Class B membership, the
Declarant shall have tile right to veto amendments.
NotwithstaJ.lding the foregoing paragraph, Section 4 Architectural Control Committee of
Article IX of these Bylaws may not be amended without the written consent of Declarant as long as
Declarmlt holds title to any Unit within Common Interest Community NUlllber , a
Condomirllum, Medicine Lake Road Office/Warehouse Condominium Association, or as long as the
Declarant Control Period, as defined in the Declaration has not ended, whichever is later.
Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws,
the Articles shall control, and in the case of any conflict between the Declaration and these Bylaws,
the Declaration sIlall control.
9
_ARTICLE XIV
MISCELLANEOUS
Section 1. Fiscal Year. TIle fiscal year of the Association sllall begin on the flIst day of January
al1d elld on the 31 st day of December of every year, except that the first fiscal year shall begin on the
date of illcorporation.
Sectiol12. Fillancial Statenlent. A review of the Association's financial statemel1ts shall be
made at tIle end of the Association's fiscal year, unless prior to 30 days after the end of that fiscal year,
at a nleeting or by nlaiIed ballot, all Melllbers vote to waive tile review requiremellt for that fiscal year.
A waiver vote shall not apply to lllore than one fiscal year and shall not affect the Board's authority to
cause a review or audit to be made. The review shall be made by a independent certified public
accountant licensed to do business in the State of Minnesota and shall be prepared in accordance with
generally accepted aCColmting principles. The financial statements shall be presented on a full accrual
basis using an ac~ounting fomlat that separates operating activity from replacement reserve activity.
The financial statements shall be delivered to all Members within 120 days of the end of the fiscal year.
Section 3. Annual Report An annual report s11all be prepared by the President or Treasurer and
shall be provided to eacll member at or prior to the annual meeting of members. The annual report
shall contain: (1) a statement of any capital expenditures in excess of two percent (2%) of the current
blldget or Five Thousand and 00/100 ($5,000) Dollars, whichever is greater, approved by the
Association for the current fiscal year and for the succeeding two fiscal years; (2) a statement of the
balance III any reserve or replacemel1t fund; (3) a copy of the statement of revenues and expenses for
tile Association's last fiscal year, and a balance sheet as of the end of said fiscal year; (4) a statement of
tile status of any pending litigation or judgments to which the Association is a party; (5) a detailed
description of the insurance coverage provided by the Association including a statement as to v\thich, if
any, of the items referred to in S 515B.3-113(b) are insured by the association; (6) a statement of the
total past due assessments on all Units, current as of not more than sixty (60) days prior to the date of
tile annual meeting; al1d (7) any other matter which the officers or directors of the Association deem
appropriate.
IN WITNESS WHEREOF, the undersigned, being all of the Directors of Medicine Lake
Road Office/Warehouse Condominium Association, have hereunto set their hands this _ day
of , 2006.
This instrument was drafted by:
10
Ronald A. Zanlansky
ZaIuansky Professional Association
3901 IDS Tower
80 South 8th Street
Minneapolis, MN 55402
Tel: 612-340-9720
RB P\D OC S\F IN AL Ben tCreekAss 0 c iati on. a 1 . By 1 a \vs. do c
1 ]
CERTIFICATION
I, tIle undersigned, do hereby ce11ify:
Tllat I am the duly elected and acting Secretary of said MecliciI1e Lake Road Office/Warehouse
Condollliniunl Association, a MiImesota 11onprofit corporation, 811d that the foregoi11g ByLaws
COl1stitute tIle ByLaws of said Medicille Lake Road Office!\Varehouse COlldominillIll Association as
duly adopted at a meeting of tIle Members thereof held on the _ day of ,
2006.
Secretary
RB p\Da C S \F IN ALB entCreekAsso c iati on. a 1 .B Y 1 a ws. do c
12
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Memorandum
To: Planning Commission
From: Kirk McDonald, Director of Community Development
Date: March 31, 2006
Subject: Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional
detail on Council/EDA actions on Community Development related issues or other city projects. It is
not required reading and is optional information provided for your review, at your discretiop..
1. March 13 Council Meeting - At the March 13 Council meeting, the Council discussed the
following planning/development/housing items:
. Motion authorizing staff to order new spring/summer banners for 42nd Avenue: Proceed
with design options one and two (two colors)" turquoise and yellow) from Northcott Banners
for $5,898; see attached Council request.
2. March 20 Council Work Session - At the March 21 Council work session, the Council discussed
the following planning/development/housing items:
" Joint Council/Commission work session to discuss city survey
3. March 27 Council Meeting - At the March 27 Conncll meeting, the Council discussed the
following planning/ development/housing items:
e PC 06-01, Request for variance from the ground sign setback and size requirements of sign
code, 820154th Avenue: Approved as recommended by the Planning Commission.
eD PC06-02, Request for CUP amendment regarding number and type of events to be held at
the outdoor athletic facility and to make several site improvements at the facility, 8320
47th Avenue: Approved as recommended by the Planning Commission. Cormeil requested
that conditions be amended to specifically address the P A system (compliance with 1vlPCA
requirements/decibel levels), policing of grounds within 24 hours after events (litter
collection), and compliance with graffiti abatement ordinance. See attached request and
revised resolution.
(/) Project #793, Update on the potential development of the city-owned property near the
railroad at 52nd and Pennsylvania avenues: Council directed staff to proceed with RFP
process to determine interest level in utilizing site for single-family homes.
& Project #795, Resolution authorizing the extension of the interim agreement with Pari
Passu/Trio Development for the redevelopment of the Bass Lake Road Apartments site:
Approved, see attached EDA request.
Miscellaneous Issues Page 1 3/31/06
4. March 30 Council Work Session - At the March 30 Council work session, the Council discussed
the following planning/development/housing items:
. Project #795, Discussion regarding the Bass Lake Road Apartments redevelopment project:
See attached Council request.
5. Codes and Standards Committee - Did not meet in March; no meeting scheduled for April.
6. Design and Review Committee - The Design and Review Committee met in March with both
applicants. The deadline for the May Planning Commission meeting is April 7. Staff will be
conducting a pre-application meetings on March 31, and will notify the committee if any
requests move forward. It is anticipated that the developer for the city-ovvned property at 42nd
and Quebec avenues will be submitting revised plans, which will be considered by the Design &
Review Committee in April and be considered by the full Commission at the May 2 Planning
Commission meeting.
7. Future Applications - Future potential applications or businesses/developers that staff is
currently working with, or has recently met with, include:
1. 42nd and Quebec revised plans
2. 36th and Hillsboro office expansion
3. Ambassador Nursing Home expansion
4. 5551 Louisiana potential rezoning
5. Holy Trinity Lutheran Church expansion, 4240 Gettysburg A venue
6. 4415 Nevada Avenue subdivision
7. Twin City Hardware expansion, 5650 International Parkway
8. Aldi grocery store, 7180 42nd A venue
9. Crystal Free Church CUP amendment for minor expansion
10. St. Therese Nursing Home/duplex
8. Bass Lake Road Apartments - The Council selected PariPassu/Trio Development to work with
over the next four months. The Connell approved an interim agreement that describes how
responsibilities and costs will be shared between the redeveloper and the city during the
exclusive negotiation period in January. Preliminary work has been completed including soil
borings, site survey, environmental analysis, and TIF analysis. The Council discussed next steps
for the project with the developer at a work session on March 30.
9. City Center Advisory Committee Update - Advisory committee applicants to be interviewed
after goals established by City Cormcil. At the January 17 Council work session, the Council
directed staff to have Meek's Appraisals proceed with a limited appraisal. Staff met with Dave
Kloeber, the new owner of the shopping center, on February 22. Mr. Kloeber will be attending
the April 10 Council meeting to discuss proposed upgrades to Winnetka Shopping Center.
10. 'Minutes - The March Planning Commission minutes are included for your review prior to the
Planning Commission meeting. Please remember that all approved Council minutes are on the
city's web site.
11. If you have any questions on any of these items, please feel free to contact city staff.
Miscellaneous Issues Page 2 3/31/06
CITY OF NEW HOPE
4401 XYLON A VENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMJvfISSION MINUTES March 8, 2006
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due
call and notice thereof; Chairman Svendsen called the meeting to order at 7
p.m.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Tim Buggy, Pat Crough, Jeff
Houle, Roger Landy, Bill Oelkers, Torn Schmidt, Steve
Svendsen
Absent: Kathi Hemken, Ranjan Nirgude
Also Present: Kirk McDonald, Director of Community Development, Steve
S onmall, City Attorney, Jason Quisberg, Assistant City
Engineer, Curtis Jacobsen, Community Development Specialist,
Kim Green, Community Development Assistant.! Carlos
Espinosa, Community Development Intern, Pamela Sylvester,
Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC06-01 Chairman Svendsen introduced for discussion Item 4.1.! request for variance
Item 4.1 from the ground sign setback requirements of the Sign Code, 8201 54th
Avenue Nortl1, Roseville Properties Management Company, Petitioner.
Mr. Kirk McDonald.! community development director, stated that the
applicant, Mr. Mark Rancone.! Roseville Properties, submitted a letter that
stated he could not attend this meeting due to the change in the meeting date.
Mr. Rancone stated in the letter he felt this was a simple request and the
Conunission could consider it at this meeting or postpone discussion until a
later date. Chairman Svendsen stated he felt the request could be considered
and the commissioners concurred.
Ms. Kim Green.! community development assistant, stated that the petitioner
was requesting a variance to the ground sign location setback requirements to
place the ground sign at the property line and a variance for the size of the
directional Sigr1 at the easternmost access. The property is located in an
industrial ZOnll1g district. The Canadian Pacific Railroad abuts the property to
the south, single family homes are located across 54th Avenue to the north,
and industrial properties to the east and west. The total site area is 13.04 acres,
and the building contains-369,OOO square feet. The primary goal of the
Comprehensive Plan for this district is to promote and enhance the industrial
land uses through improvements and/or expansion.
Ms. Green reported that the former property owner received variance
approval in 1999 to construct a 10-foot sound wall along the property line on
54th Ave11ue to mitigate noise issues. The property o"\"lner also received a
variance from the noise ordinance for occasionally exceeding nighttime noise
levels. A significant amount of landscaping was installed along the northern
side of the sound wall as a condition of approval. The requested sign
variances would allow for the sound wall and landscaping to be maintained,
yet allow for sign visibility for directing truck traffic.
Approximately five years ago, the building was sold and within the last year
the new owner placed new signage on the site 15 feet from the curb in the
boulevard area, which is wider on the south side of 54th A venue than along
most streets. Upon examination, the city determined that the ground sign was
placed in the boulevard area without a sign permit and, therefore, did not
meet the city s setback requirements. The owner met with city staff and
agreed to apply for a variance. The existing sound wall to the west and the
landscaping to the east would obscure visibility of the sign if it were placed at
the required lO-foot setback from the property line, and render the sign
useless for directing traffic into the site. The applicant ~et with the Design
and Review Committee, who also suggested a directional sign at the east end
of the property. The directional signage request is for 10 square feet rather
than the permitted two square foot sign.
The Sign Code does not require notification to surrounding property owners
or publication in the official newspaper of the city.
Ms. Green stated staff supported the variances due to the fact that there are
unique conditions at the site, including the sound wall and extensive
landscaping, and signs are necessary to assist with traffic circulation on the
site and to minimize the impact of truck traffic for the residential neighbors to
the north. The increased size of the directional sign would increase visibility
for directing trucks to the correct entrance, would not impede access to public
utilities, and would .preserve the landscaping along the sound wall. Staff
recommends approval subject to the conditions listed in the planning report.
There was no one in the audience to address the Commission; the public
hearing was closed.
Chairman Svendsen reiterated that the Design and Review Committee was
supportive of the variaJ.1ce request to place the sign at the property line due to
the extensive landscaping at the west entrance. A question was raised as to
why the sign could 110t remain in its current location and the reply was that
the sign was located in the city's right-of-way and not on the applicant's
property. Mr. Steve Sondralt city attorney, interjected that placing a sign in
the right-of-way is illegal by city ordinance. The city should not set a
precedent by allowing one property owner to place a sign in the boulevard
area and then other property owners may want to place signage in the right-
of-way as well. The city should be consistent throughout the city. Ms. Green
added that other property_ owners had already inquired about this. Mr.
Sondrall clarified his answer by stating that rather than making exceptions for
signage in the right-of-way, it would be better, to change the ordinance.
Otherwise, the city would have to develop criteria for why an exception
could be made for placing signage in the right-af-way. Commissioner Crough
'>\Tondered whet11er some of the mature trees on the west could be moved and
Planning Commission Meeting 2 March 8, 2006
replaced with ground-level landscaping, which would allow greater exposure
for the sign.
Commissioner Buggy questioned the reason for the directional sign to be 10
feet. Svendsen answered that it was the suggestion of the Design and Review
Committee to install the larger sign to better direct truck traffic to the west
entrance. Oelkers added that the committee felt it would benefit the
neighborhood to better direct traffic to the proper entrance.
There was no one in the audience to address the Commission.
Motion by Commissioner Landy, seconded by Commissioner Schmidt, to
close the public hearing on Planning Case 06-01. All voted in favor. Motion
carri ed.
MOTION Motion by COlnmissioner Landy, seconded by Commissioner Oelkers, to
Item 4.1 approve Planning Case 06-01, request for variance from the ground sign
setback requirements of the Sign Code, 820154th Avenue North, Roseville
Properties Management Company, subject to the following conditions:
1. The petitioner must follow the city's standard sign permit
application process and obtain a sign permit for the freestanding
sign;
2. The directional sign on the east end of the property is not to exceed
ten (10) square feet in size;
3. The applicant must submit plans to the city and receive approval
from the building official for the directional sign on the eastern end
of the property.
V oting in favor: Anderson, Brinkman, Buggy, Crough, Houle, Landy,
Oelkers, Schmidt, Svendsen
V oting against: None
Absent: Hemken, Nirgude
Motion carried.
Svendsen stated tl1at this planning case would be considered by the City
Courlcil on Marcil. 27.
PC06-02 Chairman Svendsen introduced for discussion Item 4.2, request for
Item 4.2 conditional use permit amendment to amend the existing conditional use
permit regarding number and type of events to be held at the outdoor athletic
facility and to make several site improvements at the facility, 8230 47th
A venue Nort11, Independent School District No. 281, Petitioner.
Mr. Kirk McDoIl.ald, director of community development, stated that the
applicant was requesting a conditional use permit amendment to amend the
existing conditional use permit (CUP) regarding tl1e number and type of
events to be held at the Cooper High School outdoor athletic facility stadium
a11d to make several site improvements at the facility. The school is located in
an R-l single fan1ily residential zoning district and is surrounded by single
family homes a11d New Hope Elementary School to the southwest. Schools
Planning Commission Meeting 3 March 8, 2006
are a conditional use in the R-l district. The site is approximately 35 acres in
SIze.
The high school was constructed in 1963, and a conditional use permit was
approved in 1994 for the athletic facility. In 1996, a resolution was approved
to allow Armstrong to use the facility if an emergency arose in Plymouth, and
Plymouth approved a similar resolution allowing the use of the Armstrong
facility in the event of an emergency in New Hope. In 1999, the conditional
use permit was amended for the construction of the gyms, a joint effort
betvveen the school district and the city, tennis courts, and a 2,500 square foot
storage building, which was never constructed.
McDonald stated the petitioner submitted correspondence indicating the
school utilizes the outdoor stadium for various events not currently
addressed in t11e CUP. The original CUP listed the specific events to be held at
the facility. The activities promote organized and supervised activities for
athletics, physical education and recreation programs. Correspondence from
the school district stated it was the district's opinion, the requested CUP
amendment would not be injurious to the use and enjoyment of other
property in tl1e immediate vicinity for the purposes already permitted, nor
would it substan~ally diminish or impair the property values in the area.
Modifications to the existing outdoor stadium public address system would
be implemented in 2006 to decrease the decibel level impact on the
surrounding properties, based on the acoustic consultant's report. Pursuant to
mailing notices to all properties within 500 feet of the site, the school district
conducted two neighborhood meetings, one in December 2005 and one in
February 2006 to inform the neighbors of the improvements planned. During
the football season in fall 2006, the acoustic consultant will take
measurements of the decibel level at varsity football and soccer games. The
final report would be sent to the city. The output of the public address system
for soccer and lacrosse games would be decreased from that utilized for
varsity football, due to smaller spectator counts. Typical spectator counts for
varsity football are from 1,500 to 3,000, and soccer events are from 150 to 600.
Anticipated spectator counts for lacrosse games should be approximately the
same as soccer.
Existing practices would be maintained for the property and parking lot
ingress, egress, and parking subject to the provisions of the current CUP. The
school district requested that the provision for use of traffic barricades be
deleted, due to the fact that this practice was discontinued after the first 1:\'\10
football games in 1996 after review with the New Hope Police Department.
Current parkiIlg capacity includes: Cooper 456, New Hope Elementary 144,
and old Highvievv 9, for a total of 609. Parking lot capacity for the game
events are adequate without the need for additional on-street parking. The
exception for adequate parking capacity is the spring graduation, and the
applicant requested to temp_orarily hood the no parking signs for that day.
When available, spectators could also utilize the Crystal Evangelical Free
Church parking lot at 4741 Zealand Avenue.
Property O'Vl1ers \",ithin 350 feet were notified and staff received several
con1ments concerning the date of the Planning Commission meeting being
Planning Commission Meeting 4 March 8, 2006
held the same night as the caucus, therefore, the meeting date was changed
and notices were mailed regarding the new date. One comment was received
supporting the increased use of the field and the benefit to the community.
Mr. McDonald reported that a conditional use permit amendment was
warranted when significant changes in the scope of the approved use were
made.
Staff and the Design and Review Committee reviewed the plans. Comments
included clarifying the number of events, both school and conununity, traffic,
parking, tras11 pick up, drainage, public address system, noise, band practice
hours, and ligl1ting. The applicant submitted a revised narrative, site plan,
and acoustic plans as a result of those meetings.
The plan is to modify the number and type of events that are allowed under
the current C1.JP, and to include all the events that are occurring or may occur
in the future. The specific changes include: football - change from 4 games
plus post season to 5 games plus post season; soccer (male and female)
change from 7 games plus post season to 16 games plus post season; any
legitimate daytime school activity - currently allowed - no change;
graduation - currently allowed - no change; lacrosse (male and female) - new
sport - add 16 games plus post season; track - change verbiage from track
events as previously scheduled to all track events; band - not included in
origu1al CUP - change to add all band practices 7 a.m. to 9 p.m. weekdays
and 9 a.m. to 6 p.m. weekends, P A not utilized for this; community events
such as Relay for Life, etc. (no concerts)- not included in original CUP - any
community event with only two per year utilizing the P A system; youth
events - not i11cluded in original CUP - change to unlimited youth events,
with two eve11ts per year utilizing the P A system; and baseball daytime
sporting events - currently allowed - no change proposed.
Mr. McDonald described the proposed site improvements to the high school
property, including replacing the existing natural turf with synthetic turf,
cl1anging speakers, construction of concession/storage building, replacing turf
011 junior varsity field, and utilization of New Hope Elementary playfields for
girls! softball and soccer programs. The applicant indicated that the new
public address system would be compliant with day and nighttime decibel
levels. Parking is proposed to stay as it is; however, staff recommends that an
overall parking plan for football games be included as a condition of
approval. No cl1anges \vere proposed for landscaping or lighting. The
applicant should provide conceptual plans for the new turf proposed on the
site. Grading and drainage issues should be subject to the approval of the city
engineer. Tras11 pick up would continue as is done currently. No additional
signage was proposed. A 2,500 square foot concession/storage building was
approved Witl1 the 1999 CUP amendment, but never constructed. The new
plans sho,,,, a slnaller 1,440 square foot building to be constructed in 2008. The
majority of tl1e building would be utilized for storage with two overhead
doors. The smaller portion would be used for concessions with a concession
door, counters, concrete stoop and roof overhang. Construction materials
would consist of concrete block foundation, James Hardy siding, and roof
with asphalt sl1ingles. Dates for field upgrades are as follows: 2006 -
Planning Commission Meeting 5 March 8, 2006
reconstruct stadium field with synthetic turf; 2007 - reconstruct natural turf
on junior varsity baseball field; 2008 - reconstruct natural turf on varsity
baseball field. Several CUP language changes were proposed as explained in
the planning report. Mr. McDonald explained the CUP amendment was a
policy issue as the zoning ordinance does not regulate the number and
frequency of eve11ts.
Mr. McDonald explained that the city engineer had reviewed the plans and
indicated that the field modifications were reviewed with the Shingle Creek
Watershed staff. Water quality requirements were addressed with previous
site improven1ents. There are some grit chambers on the site. The school
district is plannu1g on adding a storm water storage tank to control the runoff
rate to the existing conditions.
Mr. McDonald stated that city staff was supportive of the amendment to the
conditional use permit and felt the changes were a great improvement to the
school and entire city, and recommended approval, subject to the conditions
in the planning report.
Commissioner Brinkman questioned what time the soccer and lacrosse games
were played.
Mr. Jim Gerber, director of facilities with the school district, responded to
Commissioner Brinkman's question with regard to the time of day games
were played. High spectator games occur in the evening hours. Soccer and
lacrosse typically begin at 4:30 or 5 p.m., usually are a double header for
varsity games, and extend into the early evening hours. Football starts about 7
p.n1. and ends about 9:30 p.m. with the crowd dissipating by 10 p.m. A
question arose with regard to overtime for football games. It was noted that
overtime had never occurred at a Cooper football game. If overtime would
occur, the ending time could extend past 9:30 p.m.
Chairman Svendsen ''\Tondered whether or not lighting would be utilized
during COrn111unity events. Mr. Gerber responded that lighting would be the
same hours as other events.
Commissioner Oelkers initiated discussion on where junior varsity GV) and
9th grade football and soccer games would be played. Mr. Gerber stated that
traditionally IV games end by 6 p.m. and games are played on the JV field
where there are no lights. These games are covered under legitimate daytime
activity.
M1:. Gerber added that one of the primary purposes of requesting the
amendment was to allow the district the opportunity to accommodate
additional sporting events, such as lacrosse, and address the number of
gan1es held on the stadiuI}l field. Under the current CUP, there are no
afternoon gan1es held on the stadium field, but on the adjacent TV field. Some
of t110se games could now be played on the synthetic turf stadium field to
save and increase the quality of the natural turf]V field.
Commissioner Crough questioned where the girls softball and soccer games
Planning Commission Meeting 6 March 8, 2006
were played and Mr. Gerber replied that those programs are played on the
west side of the New Hope Elementary School site. The turf on those fields is
scheduled for replacement in 2008/09. It takes approximately 12 months to
reconstruct the turf and allow time for the turf to get reestablished. During
that time, some of those events would be held at other locations throughout
the district.
Commissioner Schmidt asked for clarification on the type and construction of
the synthetic turf. Mr. Gerber stated that there would be about an eight inch
gravel base with a drain tile system in it, then a tvvo and one-half inch thick
layer of carpet mat with fibers about two and one-half inches, which is then
infielded Witl1 a combination of rubber and sand, which gives it the cushion
benefits as compared with the older style of turf system.
COlnrnissioner Anderson requested an explanation of when the public
address system would be utilized and the impact on adjacent residents. Mr.
Gerber stated that tl1e P A system would be used for the varsity level games.
He indicated that at the first neighborhood meeting in December, there was
concern expressed about the output from the P A system and the fact that it
was an impact on adjacent properties. The district hired a consultant to test
existing output conditions and model what improvements could be made to
reduce those impacts. The outcome indicated a significant reduction in the
decibel levels by changing amplifiers and replacing/adding/redirecting
speakers and staying well within Minnesota Pollution Control Agency
guidelines for noise. Girls' lacrosse is a new varsity program being added at
Cooper in tile fall of 2006.
Commissioner Anderson questioned how many of the events would be
utilizing the public address system. Oelkers commented that both boys and
girls teams have been playing soccer. The chart in the packet showed seven
games (boys and girls together) combined as opposed to 14 games separately,
therefore, tlle increase is only two games. Mr. Gerber explained that boys play
lacrosse as a club sport and within two years that would be changed to varsity
level. Currently, boys' and girls' teams play back- to-back games at various
locations. He clarified the number of games - currently, seven home games
for both boys and girls for a total of 14 games, played back to back. The
district is adding one game each for boys and girls in the event league rules
cl1ange to allow more games. The number of soccer games would parallel
lacrosse. The l1urnber of football games was changed in the event that the
league may schedule three games played on the home field one year and five
tl1e next year on the home field. Mr. Gerber explained that one issue
discussed at the neighborhood meetings was the public address system and a
second issue was the amount of traffic impacting the community. Most of the
games being added are very low spectator counts. In the last year, paid
spectators for soccer games ranged from 15 to 65, compared to football games
at 2,500. The new P A system would have MO levels of amplification. One for
the larger football crowd where a higher output is needed, and the output for
most of tl1e games would be set for 50 to 60 spectators.
Chairman Svendsen clarified that the schedule indicated seven games, which
was actually two games played back-to-back. He added that the state
Plmming Commission Meeting 7 March 8, 2006
mandates equal opporhmity for both boys' and girls' games.
Mr. Gerber indicated that lacrosse is a spring sport. At this time the games are
played back-to-back, however, at some time in the future that could be split to
separate days.
Commissioner Houle initiated discussion on the acoustical study completed
by the district. Mr. Gerber showed maps indicating the areas of greatest
output with the current system and areas of output that would be drastically
reduced with the new system. Output from the new system would comply
with :tv1PCA requirements at the property lines for noise pollution. Speakers
would be reoriented on the field, and additional speakers would be added to
help reduce the decibel level output. Based on the models prepared by the
consultant, tile school district is confident significantly reduced decibel levels
would be achie\Ted. Next fall after the first football and soccer games, the
consultant would be modeling the noise output from the P A system after
each of the first two games and then make any other reductions as necessary
to 111ake sure the numbers stay within the modeling information proposed.
Conunissioner Houle asked for an explanation of the decibel levels. Mr.
Gerber answered that the lv1PCA sets a 65 decibel LI0 or 60 LSD for daytime
up to 10 p.m. and 55 LI0 or a 50 LSO after 10 p.m. The LID means that sound
level cannot be maintained for more than 10 percent of one hour. The district
hopes to achieve a decibel level that would meet the nighttime levels during
the day. The n10del was based on football games where the crowd noise is
significantly 11igher, therefore, the P A system output needed to be set higher.
Soccer and lacrosse games would have a decrease in the output required by
the amplifier which would further decrease the decibel level impacts on the
surrounding area. :Mr. Gerber indicated that some of the equipment vvould be
reused - about llalf of the speakers. New speakers would be purchased to get
better distribution to further cut back amplifier output. The amplifier would
probably be replaced due to the fact that new components may not operate
efficiently i11 an older system.
Chairman Svendsen questioned whether commissioners were comfortable
vvith the explanation of the 65 LI0 decibel level. Commissioners Landy,
Brinkman and Schmidt stated in the past they could hear the P A system
where tlley live and were comfortable with the proposed reduction. Mr.
Gerber indicated that after tl1e testing next October, the district would have an
output meter to monitor the output levels.
ChairmaI1 Sve11dsen stated that a letter had been sent to Mayor Opem from
Mark and Kathleen Duffey, 4833 Zealand Avenue, due to the fact they could
not attend the Ineeting. Excerpts of the letter included "we are totally in favor
of tl1e city approving this amendment. Our house is directly across the street
troIn the field. We have two students at the high school and a, 6th grader at
RMS. The use of t11is facility is extremely important to the school and its
students. Not just as a parent of Cooper students, but as a member of the
con1ffiUluty, we feel the more activities the students can be involved in the
better especially \^lhen they can represent their school. I hope the city can pass
this amendment. We vvould be extremely disappointed if this amendment
does not go through!"
Planning COlnmission Meeting 8 March 8, 2006
Chairman Svendsen asked whether anyone in the audience wished to address
the Commission.
Mr. Raymond Moles, 11200 46th Avenue North, Plymouth, came forward
and stated l1e was the commissioner for the Armstrong/Cooper Youth
Football Association and the Armstrong/Cooper Youth Lacrosse Association.
He stated the associations supported the proposal. The youth utilize Lighted
Field in New Hope and a few years ago the youth had the opportunity to
play at Cooper stadium for the traveling league. Over the last four to five
years, the youth program has had over 1,500 players. Most of the players on
the Armstrong and Cooper teams have come through this youth program.
About 42 percent of the attendees come from New Hope and Crystal. The turf
fields are safer for the kids and have greater durability. When Lighted Field is
being resurfaced, that has a dramatic affect on the youth programs. In spring
the fields are wet, which makes for unsafe playing conditions on the fields for
the youth. A turf field would be great for the youth to use for the spring
lacrosse program and the football program. Mr. Moles stated he had worked
with the Parks and Recreation Department for many years and the staff had
provided officiating.
MI. Ron Long, 4410 Goldenrod Lane North, Plymouth, stated he was a
former teacl1er ll1 District 281 and he coached for 10 years at Cooper and at
the old Robbinsdale High School. He worked for five years with the youth
association. He was no,,,, a realtor and stated that New Hope is affordable for
people wit!1 childre11. It is important to provide athletic programs for the
youth in the area.
Ms. Patsy Green, 5936 West Meadow Lake Road, approached the podium.
She stated she is a New Hope resident and appreciates good facilities in New
Hope, Cooper parent and supporter of the Hawks and would appreciate the
city's support of t11e CUP amendment, and member of the school board. Ms.
Green thanked the commissioners and extended appreciation for what they
do.
Th.ere was no 011€ else in the audience to address the Commission; the public
hearing was closed.
Chairman Sve11dsen extended appreciation for the youth organizations
speaking in support of tl1€ requested amendment. An important aspect of the
yout11 prograln is that it is a feeder program for high school athletics; a place
where youth get ll1terested in sports.
Motion by Conm1issioner Buggy, seconded by Commissioner Landy, to close
the public hearing on Planning Case 06-02. All voted in favor. Motion
carried.
C0l11D1issioner Houle initiated discussion on the youth associations utilizing
the stadium. Oelkers stated that, in his opinion, the youth association should
be allowed to use the stadium. The stadium should be utilized as often as
possible. Mr. McDonald added that the youth association's use of the stadium
Planning Commission Meeting 9 March 8, 2006
would fall under the heading "unlimited youth events."
MOTION Motion by Commissioner Oelkers, seconded by Commissioner Landy, to
Item 4.2 approve Planning Case 06-02, request for conditional use permit
amendment to amend the existing conditional use permit rega:rding
number and type of events to be held at the outdoor athletic facility and to
make several site improvements at the facility, 8230 47th Avenue North,
Independent School District No. 281/Cooper High School, subject to the
following conditions:
1. The applicant shall submit concept plans for all storage buildings
with detailed plans to be submitted with the building permit
application.
2. Any change in the amount of events as outlined in the applicant's
narrative shall require an amendment to the conditional use permit.
3. Comply with city engineer recommendations, including the overall
grading and drainage of the site.
4. The building official shall verify sound levels at the property line.
V oting in favor: Anderson, Brinkman, Buggy, Crough, Houle, Landy,
Oelkers, Schmidt, Svendsen
V oting against: None
Absent: Hemken, Nirgude
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on March 27, and asked the petitioner to attend.
Design and Review Sve11dsen reported that the Design and Review Committee met with the
Committee petitioners in February. McDonald added that an application had been
Item 5.1 submitted for t11e redevelopment of the Egan McKay property for the April
Plaru1ing Comn1ission meeting, and staff was expecting plans for 4301
Quebec to convert the warehouse to condominiums. The next meeting will be
held on March 16 at 7:30 a.m.
Codes and Standards Commissioner Buggy stated that the Codes and Standards Committee had
Committee not met in January or February. :Mr. McDonald added that there was no new
Item 5.2 items to discuss at this time.
OLD BUSINESS There was no old business.
Miscellaneous Issues
NEW BUSINESS Chairman Svelldsen stated that the Commission was invited to provide input
to tIle City Council on the potential development of the city-owned property
near 52nd and Perulsylvania avenues.
Railroad Property IvIr. Curtis Jacobsen, comnlunity development specialist, stated that staff and
Discussion tile City COUl1cil vvere requesting input from the Planning Commission
regarding the potential development of the vacant city-owned property near
52nd and Peru1sylvania avenues. The property is wooded with low-value
vegetation and abuts the Canadian Pacific railroad tracks to the south, with
Planning Commission Meeting 10 March 8, 2006
single family homes to the north. The site is 7.97 acres in size with about
seven developable acres. The site is zoned R-l, and the city's Comprehensive
Plan identifies the site as a potential development opportunity. The police
occasionally l1ave responded to transient persons living on the property over
the years.
The city has received several proposals from developers over the past 10
years, but has not pursued the development of this parcel of land. Proposals
from developers included Scherer Bros. Lumber with 18 single family homes
in tl1e mid to late 19705, city plans for 14 homes in the same timeframe, Bill
Oelkers/Alan Chazin Homes in 1998 with a plan for 40 lots, and Eagle Crest
DeveloperslLand for Sale, Inc. for 30 single level townhomes in 1999. In 2002
the Livable Communities Task Force was split on whether or not to develop
the property. In 2004, Ryland Homes proposed 30-35 single family, attached
homes on the site. Each time a development proposal was submitted, the
former council members determined that the property should remain green
space. During 2005, tl1e city received inquiries from two development firms,
Ryland Han1es and Kingman LLCjPeter Long, therefore, at staff's
recommendation" the City Council expressed interest in possibly selling the
property to a developer to expand the city's tax base, sale of the land would
provide funds to construct quiet zone improvements on Winnetka Avenue,
and to provide opportunities for upscale, single-family housing. The Council
directed staff to prepare a request for qualifications/proposals to solicit
developme11t proposals for the site. The Council also discussed the possibility
of tl1e city becoming tl1e developer. Staff was preparing for the request for
qualification/proposal process and to possibly become the developer. City
C011sultants prepared information on potential lot layouts and costs if the city
would becolne t11e developer.
Mr. Jacobsen reported that if a land sale occurred, the sale agreement could
incorporate required improvements on Winnetka Avenue to allow for the
establishment of a railroad quiet zone. There is also a small tax forfeited
parcel to the ,vest of the site. If this parcel would be included in the
development, it could potentially be utilized for utility purposes.
Feedback fr01l1 tl1e Planning Commission would be. passed on to the City
Council.
Chairman Svendsen iI1itiated discussion on whether or not the property
vvoLlld accon1modate l..lpscale single family housing with the railroad tracks
abuttil1g the lots. A pricing index for upscale housing was discussed as being
well over $350,000. 111e consensus was that people willing to spend that
amount of money or more for a 110me would probably not want to drive
through neigl1borhoods of much lesser priced housing to get to their house.
The city should determine if it ,,,,auld be willing to sell the lots at a lower
price of $50,000 for Inarket rate homes or try to sell the lots for $75,000 to
$90,000 for l1igher end 110usmg by a railroad track and next to industrial uses.
COI11ffiissioners indicated they ,,,,auld not purchase lots in an area such as
this. Commissioner Buggy stated he felt it would be very difficult to make
this a single falnily development. Oelkers added that the topography of the
site \vould be very difficult for a developn1ent. He added that he felt Ryland
Planning Commission Meeting 11 March 8, 2006
did a great job on the development at Bass Lake Road and Winnetka Avenue.
That type of housing may be appropriate for the railroad property. He stated
he would support single-level townhome, possibly senior, housing.
Commissioner Oelkers stated he was very concerned with the city being the
developer as that is not the expertise of staff or the council. He stressed that
the city should not give away its assets. If the property was sold for a large
amount of money and used for the good of the city, such as upgrading parks,
etc., that would be a good thing. He stated he did not want the city to become
a land developer.
Commissioner LaJ1dy questioned whether it would be feasible to build
upscale single family homes in that area with the noise from the railroad. He
concurred V\rith Oelkers that city staff did not have the expertise to be the
developer. Landy did not feel high density housing would be appropriate. It
was pointed Oilt that this ,vould not be a good area for children being so close
to the railroad tracks.
Commissioner Brinkman questioned whether a product like Winnetka Green
would work. Oelkers pointed out that the noise from traffic along Bass Lake
Road or Highvvay 169 was bad as well. Commissioner Schmidt didn't think
any development should be started prior to the quiet zone being
implemented, 11owever, it was mentioned that the Council was thinking that
funds fron1 tl1e sale of the property would pay for the improvements to
Wilmetka. Mr. McDorlald interjected that the city was working with
Hennepin C0U11ty to determine the costs for the improvements, which would
be approxin1ately $130,000.
C0I11rnissioner Buggy reiterated he felt single family housing would not
work, but possibly twinhomes or townhomes could work. He stated every
property 11ad its price and every location had its value. For a developer to
make any money on the project, they would want to purchase the property at
a discounted price. Oelkers added that due to current land prices, the city
should be able to get good money for the property per unit. Land developers
aI1d builders look at the per-unit cost. If 40 units could be constructed, the city
'Yvould get more for the land, which would be five units per acre or medium
density. Conm1issioner Crough stressed 1) the Council should not burden city
employees Witl1 being the developer, 2) put property on the open market and
developers COllld determine what would sell, and 3) luxury homes would not
be appropriate for tl1e area because in the appraisal business, the homes
would be discolmted 50 percent due to the railroad.
Mr. McDonald summarized the COll1mel1ts from the Commission:
0 It was not be opposed to the project, but would like a professional
developer or RFP process,
0 The city s110uld 110t~ct as the developer,
. One level townl101nes or twinhomes,
. Get a decent price for the land, do it in conjunction with quiet zone
improvements, and
. rnediun1 density.
Planning Commission Meeting 12 March 8, 2006
Winnetka Center Mr. McDonald stated that the mayor requested that staff keep the Planning
Improvements Commission up to date on the City Center happenings. Winnetka Shopping
Center has been or is in the process of being sold to Dave Kloeber, owner of
Unique Thrift Store. City staff met with Mr. Kloeber and he informed staff
that he would be making significant improvements to the shopping center,
such as exterior fa~ade including removing the overhang drive-thru at
Unique Thrift, bringing in a new bank and creating a drive-thru for the bank,
bringing in ne\^l tenants, potentially splitting the property and creating an
outlot with buildings, etc. Staff asked Mr. Kloeber to put his plans in writing
along ,vith a tin1efran1e, and develop specific sketches. This would have a big
impact on how and when the City Center redevelopment proceeds.
Conunissioner Buggy V\Tondered where the city was with regard to
redevelopment of the entire City Center area. Question arose about the
selection of the task force, and Mr. McDonald stated there were many
volunteers, however, selection of members and implementation of the group
had not yet moved forward.
Buggy stated he felt ll1 the last few years the city has missed many
opportunities to improve the nature and community of the city and the City
Center area. He thoug11t the move by Mr. Kloeber was a calculated move to
keep his store vvhere he wanted it. Commissioner Buggy stated he was
disappointed t11at tl1e city had not moved forward sooner with the
rejuvenation of City Center.
Conunissioner Oelkers stated he felt it was due to a lack of the Council's
understanding of the reality of today's marketplace. The Council seemed to
have the con,ception tl1at multi-family housing is bad. Multi-family housing is
vvl1at drives tl1e l1ew COl1struction real estate market. Developers can make
il10re money 011 110using than commercial, therefore, denser housing is what
is constructed. Forn1er Governor Ventura changed the tax system and
residential real estate brings close to the same amount of tax as industry.
Other neig11boring cities are booming because they take the initiative to move
forvvard.
Discussion was initiated on whether or not the city could require Mr. Kloeber
to n1atch the exterior fa<;ade of the New Hope Mall. McDonald interjected
that one of tl1e tasks of the ne\v City Center Advisory Group could be to
develop desigr1 guidelines for the city's commercial corridor. At this time
there is very little lar1guage III the code to address design issues for
conlmercial buildings. NIr. Sondrall stated that if a building complies with
mh1imum building code requirements, cities cannot implement stricter
building codes tIlan tl1e state. The city should determine whether a design
code would be in C011flict with building codes. Some cities utilize an
arc11itectural C011trol committee that imposes specific requirements as part of
the covenants of the develop.ment. McDonald added that if Mr. Kloeber had
to come before t11e Conmlission for a zoning application or platting request,
the city could offer suggestions for fa<;ade treatments. The requirement would
have to be related to a legitimate governmental interest. The former City
Center Task Force developed a book of design guidelines, which were never
adopted. 111e Council indicated interest in modifying those guidelines and
Planning Commission Meeting 13 March 8, 2006
implementing them h1 the future. The new advisory group may have
additional input in that document. Commissioner Landy reiterated that the
design guidelines were intended as a draft document for discussion
purposes.
Commissioner Houle stated that in working with cities around the country on
developments, many cities have a much stronger design and review language
component than New Hope. Most cities have a lot of say over colors and
materials and the developer must go through a design and review process.
He felt the current Nevv Hope zoning code was quite lenient and granted a
large amount of latiru.de to developers and builders, and the city had very
little input regarding t11e aesthetics. Mr. Sondrall stressed that the city had to
make a connection between the land use and the interest being promoted. For
residential housing, the city requires minimum lot sizes and building sizes,
V\Thich leads to tl1e valuation issue. Question was raised how a neighboring
city was able to regulate tl1e facades of specific buildings in its developments,
and it was detern1ined regulations were placed on the developer through the
plalmed unit development. The city cannot impose restrictions on the fa<;ade
of Winnetka Center or any other building if only a building permit was
required. Mr. McDonald stated that Columbia Heights had adopted
commercial design guidelines and three properties have been redeveloped
along Central A venue that all have a unifying theme.
Mr. McDonald stated the comments from the Commission and would be
passed on to tl1e City COLmcil.
Motion to Approve Motion was n1ade by Commissioner Landy, seconded by Commissioner
Minutes Schmidt, to approve the Planning Commission minutes of December 6,
2005. All voted in favor. Motion carried.
Elections Chairman Svel1dsen stated by ordinance the Commission was required to
elect officers for the current year at the first meeting of the year. He opened
the floor for 110minations for tl1e positions of chair, vice-chair, and third
officer.
Motion by COlnmissio11er Landy to nominate Steve Svendsen for chair, Kathi
Hen1ken for vice-chair, and Bill Oelkers for third officer, seconded by
C0l11missioner Oelkers. All voted in favor. Motion carried.
COil1missioners \,yere assigned to the subcommittees as follows: Design and
Review - Steve Svendsen, Bill Oelkers, Jeff Houle, Paul Anderson, and Ranjan
Nirgude; Codes aI1d StaJ.1dards - Kathi Hemken, Tim Buggy, Jim Brinkman,
Pat Crough, a11d Torn Schmidt. Mr. McDonald added that the Council had
discussed transit issues and the committee would be moving forward on that
this year. Roger Landy agreed to be the alternate for either committee and
would serve 011 the Con1prehensive Plan update committee meetings when
review of the plan begins later this year.
Discussion ensued on tl1e new modular home at 60th and Winnetka avenues.
Mr. McDonald stated that the property had a temporary certificate of
occLlpancy and several itelns remained to be finished in the spring. McDonald
Planning Commission Meeting 14 March 8, 2006
added that the zoning code has specific minimum requirements for the width
and length of 110mes and that the modular home meets those requirements.
The Codes and Standards Committee could discuss these types of homes in
the future if there was interest in changing the code. Code amendments can
be recommended by staff, the Council, or the Commission.
ANNOUNCEMENTS Mr. McDonald informed the commissioners that they could attend the land
use planning workshops offered through Government Training Service and
that staff would coordinate the registrations and payments. There are funds
available in the planniJ.1g budget for commissioners to attend this training.
McDonald reminded the commissioners of the joint Council/Commission
meeting on March 20.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:04 p.m.
Respectfully submitted,
Q~.s;~
Pamela Sylvester
Recording Secretary
Planning Commission Meeting 15 March 8, 2006