032596 EDA Official File Copy
CITY OF NEW HOPE
EDA AGENDA
EDA Regular Meeting #5 March 25, 1996
Agenda #6
President Edward J. Erickson
Commissioner W. Peter Enck
Commissioner Pat La Vine Norby
Commissioner Gerald Otten
Commissioner Terri Wehling
1. Call to Order
2. Roll Call
3. Approval of Minutes of March 11, 1996
4. Resolution Approving Declaration of Covenants for 6073/6081 Louisiana
Avenue North (Improvement Project No. 519)
5. Resolution Approving Plans and Specifications for Landscaping at
6073/6081 Louisiana Avenue North (Improvement Project No. 519)
6. Adjournment
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
Approved EDA Minutes ' March 11, 1996
Meeting #4
CALL TO ORDER President Erickson called the meeting of the Economic Development
Authority to order at 7:41 p.m.
ROLL CALL Present: Erickson, Enck, Otten, Norby
Absent: Wehling
Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, Bellefuil
APPROVE MINUTES Motion was made by Commissioner Enck, seconded by Commissioner
Otten, to approve the EDA minutes of February 12 and February 27, 1996.
Voting in favor: Erickson, Enck, Otten; Abstained: Norby; Absent: Wehling.
Motion carried.
BID/BANNERS President Erickson introduced for discussion Item 4, Consideration of Bid
Item 4 for Spring/Summer Banners.
Mr. Donahue noted additional banners for 42nd Avenue will introduce a
fifth color to reflect New Hope's ethnic diversity. The bid from Northcott
banners for 54 banners is $7,890 and will be funded by the 42nd Avenue
Redevelopment program..
MOTION Motion was made by Commissioner Enck, seconded by Commissioner
Item 4 Otten, to approve the bid from Northcott Banners for $7,890. All present
voted in favor. Motion carried.
ADJOURNMENT Motion was made by Commissioner Otten, seconded by Commissioner
Enck, to adjourn the meeting. All present voted in favor. The New Hope
EDA adjourned at 7:42 p.m.
Respectfully submitted,
Valerie Leone
City Clerk
New Hope EDA March 11, 1996
Page I
I EDA
REQUF~T FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
~--2U25-96
Sarah Bellefuil 11 ] Item No.
By: Administrative Analyst By: ii/
,/
RESOLUTION APPROVING DECLARAT/ION OF COVENANTS FOR 6073/6081 LOUISIANA
AVENUE NORTH (IMPROVEMENT PROJECT #519)
The enclosed resolution approves the Declaration of Covenants for the City-owned property at
6073/6081 Louisiana Avenue North. The City purchased the rear 100 feet of property located at 7105
62nd Avenue North from Carol and Faye James in June, 1994, using CDBG scattered site housing
funds. This property was combined with the rear 100 feet of the adjacent property located at 7109
62nd Avenue North, which the City purchased in OctOber, 1993, for rehabilitation. The two properties
were replatted in October, 1994, as the Cameron Addition.
On December 11, 1995, the property was rezoned from R-l, Single Family Residential, to R-2, Single
and Two Family Residential. The purpose of the rezoning was to accommodate the construction of
a zero lot line handicap accessible twin home. The project is being sponsored by the City in
conjunction with CO-OP NW Community Revitalization Corporation and the Metropolitan Council.
Bids for the construction of the twin home were approved by the City Council on November 13, 1995.
Staff is currently securing a purchase agreement with one family. In order for the purchase agreement
to be signed, the attached Declaration of Covenants must be approved. The purpose of the Declaration
of Covenants is to address certain items peculiar to the property, including the party wall and
alterations to the exterior of the property. Other items that are addressed are the construction of
temporary structures on the property, vehicle storage, antennas, the obstruction of traffic site lines, and
window treatments. Also included is the sharing of repair and maintenance of the twin home by the
property owners. The Declaration of Covenants will be filed at the time the purchase agreement is
executed.
The enclosed resolution approves the Declaration of Covenants for the property at 6073/6081
Louisiana Avenue North and staff recommends approval of the resolution.
/
Review: Administration: Finance:
RFA-O01
H~R-20-98 ~ED 13:28 P, 02/12 '
Haroh 20, 1996
Daniel J. Donahue
New Hope EDA
4401 X¥1on Avenue North
New Hope, M/~ 55428
RE: 6073 - 6081 Louisiana Avenue North
Our File No. 99.11154
Dear Dan:
The construction of the handicap accessible ~winhome at 6073 - 6081
should be completed by summer. A Purchase Agreement for one of the
tWO Units should be signed goon. It is now time to consider
re~trictivo covenants for the properly. You may recall the EDA
also placed similar covenants on the twinhome at 7901 - 7909 51st
Avenue North.
The enclosed Declaration of Covenants is similar to those passed
for 7901 - 7909 51st, and cover sAveral appearance items, aa well
as the common wall and fence issues. The only difference from the
7901 - 7909 version invol¥~m the deleEion of the land use
provision. Use of the property will now be uoverned by the Zoning
Code. The deleted ~rovi~ion could be read to prohibit home
office~.
If the EDA approves of the Declaration, the encloeo~ Resolution
with attaohed Deolaratio~ of Covenants can b~ passed at the nex~
meeting.
HRR-20-96 NED 13:28 P. 03/12
Daniel J. Donahue
March 20, i996
Page 2
Do not hesi:ate to call if you have any questions or comments.
Sincerely,
Martin ~. Male~ha
Assistant C~ty Attorney
mBw
cc: Kirk McDonald, Management Assistant (W/She} Valerie Leone, City Clerk (w/enc)
Sarah ~ellef~il, Administrative Assistant (w/enc)
Steven A. ~ondrali, City Attorney
EDA RESOLUTION NO. 96-
RESOLUTION APPROVING
DECLARATION OF COVENANTS FOR
6073 - 6081 LOUISIANA AVENUE NORTH
WHEREAS, the Economic Development Authority in and for the
City of New Hope (EDA) owns certain real estate known as 6073 -
6081 Louisiana Avenue North, legally described as:
Lots 1 and 2, Block 1, Cameron 3rd Addition, Hennepin
County, Minnesota,
(the Property), and
WHEREAS, it will be in the best interests of the people of the
City of New Hope and the future owners of the Property to foster
orderly and appropriate development and use of the Property, and
WHEREAS, the Declaration of Covenants attached hereto as
Exhibit A will further those ends.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of New Hope as follows:
1. That the above recitals are incorporated herein by
reference.
2. That the Declaration of Covenants attached hereto as
Exhibit A is approved and adopted.
3. The President and Executive Director are authorized and
directed to sign the Declaration of Covenants attached as
Exhibit A and arrange for filing the same with Hennepin
County.
Adopted by the Economic Development Authority in and for the
City of New Hope this day of , 1996.
Edw. J. Erickson,Pre$ident~-
Attest:
Daniel J. Donahue, Executive Director
DECLARATION OF COVENANTS
This declaration is made this day of , 1996,
by Fconomic Bevelopment Authority in and for the City of New Hope,
a Minnesota municipal corporation, hereinafter referred to as the
Declarant.
WHEREAS, the Declarant is the fee owner of'
Lots 1 and 2, Block 1, Cameron 3rd Addition, according to
the plat thereof filed or of record in the Office of the
Registrar of Titles in and for Hennepin County,
Minnesota, (hereinafter the Property),
and
WHEREAS, the purpose of the Declaration ts to insure proper
use and improvement of the Property and each residential site so as
to protect all owners of the Property against such improper use of
the Property that will depreciate the value of their Property, to
encourage the maintenance of attractive improvements appropriately
located to prevent an inharmonious appearance and function, and to
provide a development that will promote the general welfare of the
neighborhood.
NOW, THEREFORE, the Declarant hereby declares that all of the
Property shall be held, transferred, sold, conveyed and occupied
subject to the following covenants, conditions and restrictions
which are of the Property, and which shall run with the Property
and be binding on all parties that have a right, title, or interest
in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
'1
EXHIBIT A
1. Definitions. "Property" shall mean the real property
platted as Lots 1 and 2, Block 1, Cameron 3rd Addition, Hennepin
County, Minnesota, according to the plat thereof on file or of
record Jn the Office of the Registrar of Titles in and for said
County. "Lot" shall mean any lot in the Property. Whenever the
singular is used, it shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all
genders.
2. Ordinances. In addition to the provisions of this
Declaration, the ordinances of the City of New Hope, Minnesota
(hereinafter City) in effect as of the date of this Declaration
shall be binding hereafter.
3. Improvement of Property. Except for the initial
construction of the dwelling on the Property while the Property is
owned by Declarant, no owner shall undertake any modification,
change or alternation of the dwelling thereof, whether functional
or decorative, unless and until the value, t'ype and size thereof,
materials to be used in construction, exterior color scheme,
specifications and details thereof, shall have been approved in
writing by Declarant, and all necessary permits and approvals have
been received from'the City.
4. Temporary Structures. No structure of a temporary
character, recreational vehicles, trailer, basement, tent, shack,
garage, barn or other out buildings shall be used on any lot at any
time either temporarily or permanently, except that each lot may
have a garden or yard storage shed not to exceed 100 square feet,
provided that its exterior is of the same material and color as the
dwelling and its placement on the lot is such that it will not
damage or interfere with any easement for the installation or
maintenance of utilities, and will not change, obstruct or retard
the direction or flow of any drainage easements.
5. Landscaping. No tree, hedge or other landscape feature
shall be planted or maintained in the location which obstructs
sight lines for vehicular traffic on public streets.
6. Window Treatment. No bedsheets, plastic sheets,
newspaper, plastic storm windows or other similar window treatments
shall be hung or placed in or on any window on any dwelling located
on the Property.
7. Party Walls and Party Fences. The rights and duties of
owners of the Lots with respect to party walls and party fences
shall be governed by the following:
a. General Rule of Law to Apply. Each wall or fence which
is constructed as part of the original construction on
the Property, any part of which is placed on the dividing
line between lots, shall constitute a party wall or party
'fence, and with respect to such wall or fence, each of
the adjoining owners shall assume the burdens and be
subject to an easement for that portion of a party walt
or fence within his or her lot boundary and shall be
entitled to the benefits of these restrictive covenants
and, to the extent not inconsistent herewith, the general
3
rules of law regarding party walls and party fences and
regarding liability for property damage due to negligence
or willful acts or omissions shall apply thereto.
b. Sharin9 of Repair and Maintenance and Destruction by Fire
or Other Casualty. If any such party wall or fence is
damaged or destroyed by fire or other casualty or by some
cause other than the act of one of the adjoining owners,
his agents or family (including ordinary wear and tear
and deterioration from lapse of time), then, in such
event, both such adjoining owners shall proceed forthwith
to rebuild or repair the same to as good condition as
formerly, in proportion to their respective use of the
party wall or fence.
c. Repairs of Damage Caused by One Owner. If any such party
wall or fence is damaged or destroyed through the act of
one adjoining owner or any of his agents or guests or
members of his family (whether or not such act is
negligent or otherwise culpable) so as to deprive the
other adjoining owner of the full use and enjoyment of
such wall or fence, then the owner responsible for such
damage shall forthwith proceed to rebuild and repair the
same to as good condition as formerly, without cost to
the adjoining owner.
d. Other Changes. In addition to meeting the other
requirements of this Declaration, and of any building
code or similar regulation or ordinance, any owner
4
proposing to modify, make additions to or rebuild his
res'idential unit in any manner which requires the
extension or other alteration of any party wall or fence
shall first obtain the written consent of the adjoining
owner and Beclarant.
e. Right to Contribution Runs With Land. The right of any
owner to contribution from any other owner under this
section shall be appurtenant to the land and shall pass
to the successors in title of such owner.
8. Insurance. By virtue of taking title to a residential
unit in the Property, each owner covenants and agrees with all
other owners and with Declarant that each individual owner shall
carry all risk casualty insurance on the residential unit and other
structures constructed on the lot, and include coverage for a home
sharing a common wall and liability coverage of at least
$300,000.00. Each individual owner also agrees that in the event
that their dwelling is totally destroyed, the owner shall proceed
promptly to repair or reconstruct the dwelling in a manner
consistent with the original construction.
9. Alternations to Exterior. Owners agree that the exterior
of all structures, including the garage, shall be maintained in
accordance with the same quality and materials as the original
construction. No alterations to the exterior of the dwelling,
including an alteration in the color, shall be made without prior
written consent of the other owner and Declarant.
5
10. Covenants Run With Land. These restrictions and
covenants are to run with the land and shall be binding on ail
parties and all persons claiming under them for 30 years from the
date hereof, at which time these covenants may be extended, or may
be modified and extended, for successive periods of thirty years,
with extension by a majority vote, and modification only by an
unanimous vote, of then owners and Declarant, with the combined
owners of each individual lot to cast one vote, and an instrument
setting forth said extension or modification and extension is duly
executed and acknowledged by said owners and Declarant voting in
favor of the extension or modification and extension and duly fi]ed
with the Registrar of Titles in and for Hennepin County, Minnesota.
Notwithstanding the foregoing, the covenants and restrictions
applying to the party wall or fence shall continue in fuji force
and effect as long as a dwelling with a party wail or fence is in
existence on the Property.
11. Assignment. The Declarant may assign any and ail of its
rights, powers, obligations and privileges hereunder to any other
corporation, association or person. Such assignment, or
assignments, are effective upon the recording and filing with the
Registrar of Titles Office, Hennepin County, Minnesota of the
instrument assigning the same.
12. Enforcement. Enforcement of these covenants shall be by
proceeding at ]aw or in equity against any person or persons
violating or attempting to violate any of the covenants and
restrictions, either to restrain violation or to recover damages,
6
any owner or Declarant shall have the right to seek enforcement of
these covenants and restrictions, and in the event such party
seeking such enforcement shall be upheld by the courts, the
defendant or defendants in such case shall be liable for the
reasonable attorney's fees sustained by the plaintiff, together
with court costs of such action, and the same shall, to the extent
permitted by law, constitute a lien upon the property of such
defendant.
13. Severabili.ty. Each of the provisions hereof shall be
deemed independent of the others, and invalidation of any one of
these covenants, or any part or parts thereof, by judgments or
court order, shall in no way affect any of the other provisions
hereof which shall remain in full force and effect.
WITNESS WHEREOF, the Declarant hereto has executed this
declaration on the day and year indicated be]ow.
ECONOMIC DEVELOPMENT AUTHORITY
AND FOR THE CITY OF NEW HOPE
By
Its President
By
Its Executive Director
7
STATE OF MINNESOTA )
) SS.
COUNTY OF HEN~EPIN )
The foregoing was acknowledged before me, a Notary Public
within and for said County, this day of
, 1996 by Edward J. Erickson and Daniel J.
Donahue, the President and Executive Director, respectively, of the
Economic Development Authority in and for the City of New Hope, a
Minnesota municipal corporation, on behalf of said municipal
corporation.
Notary Public
The foregoing Declaration of Covenants is hereby accepted as
of the date hereof.
THIS INSTRUMENT DRAFTED BY:
CORR[CK & SONDRALL, P.A.
8525 Edinbrook Crossing, #203
Brooklyn Park, MN 55443
(612) 425-5671
c: \ w p5 l\cn h\6073 dclr. doc
8
I EDA Ill
~ REQUF~T FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
3-25-96
Sarah Bellefuil F -3 Item No.
By: Administrative Analyst By:Z 5
RESOLUTION APPROVING PLANS PECIFICATIONS FOR LANDSCAPING AT
6073/6081 LOUISIANA AVENUE NORTH (IMPROVEMENT PROJECT NO. 519)
The enclosed resolution approves plans and specifications for landscaping at 6073/6081 Louisiana
Avenue North. The City purchased the rear 100 feet of property located at 7105 62nd Avenue North
from Carol and Faye James in June, 1994, using CDBG scattered site housing funds. This property
was combined with the rear 100 feet of the adjacent property located at 7109 62nd Avenue North,
which the City purchased in October, 1993, for rehabilitation. The two properties were replatted in
October, 1994, as the Cameron Addition. The site was originally vacant and a handicap accessible
twin home is currently being built on the site.
The City Forester developed the enclosed landscaping plan. The plan incorporates both new and
existing landscaping. The City Forester has also prepared a cost estimate of $3621.00 for the
landscaping. This cost does not include sod.
Staff would like to obtain bids to landscape and sod the property at this time. Since this project was
initiated, it has been the City's intent to provide landscaping and sod at the site once construction is
complete. The cost for landscaping and sod will be recouped by the City when the sale of the
property is complete.
The enclosed resolution approves the plans and specifications for landscaping at 6073/6081 Louisiana
Avenue North and staff recommends approval of the resolution.
To:
/
Review: Administration: Finance:
RFA-O01
CITY OF NEW HOPE
EDA RESOLUTION NO. 96-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
LANDSCAPING AT 6073/6081 LOUISIANA AVENUE NORTH
(IMPROVEMENT PROJECT #519)
WHEREAS, the City Forester has prepared plans and specification for the landscaping at
6073/6081 Louisiana Avenue North and has presented such plans and
specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the
City of New Hope, Hennepin County, Minnesota:
1. Such plans and specifications are hereby approved.
2. The City Clerk is authorized to obtain written quotes from landscaping
Contractors.
Adopted by the Economic Development Authority in and for the City of New Hope, Hennepin
County, Minnesota, this 25th day of March, 1996.
President
Attest:
Executive Director
PLANTING SCHEDULE
Qty. Code Botanical Common Size Form Unit Total
Name Name Price
3 LLL Tilia cordata Little Leaf Linden 2.5" B & B 350.00 1050.00
2 RSC Malus 'Red Splendor' Red Splendor Crab 2" B & B 215.00 430.00
2 BHS Picea glauca Black Hills Spruce 6' B & B 225.00 450.00
2 TA Thuja occidentalis 'Techny' Techny Arborvitae 5' B & B 100.00 200.00
8 TY Taxus x media 'Taunton' Taunton Yew 24" B & B 75.00 600.00
6 GS Spiraea x bumalda
'Goldflame' Goldflame Spirea //5 Cont. 22.00 132.00
4 HV Viburnum trilobum 'Hahs' Hahs Viburnum //5 Cont. 32.00 128.00
3 ID Comus sericea 'lsanti' Isanti Dogwood //7 Cont. 32.00 96.00
7 CD Comus sericea 'Cardinal' Cardinal Dogwood //5 Cont. 25.00 175.00
3261.00
Does not include sod