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022795 EDA, · Official File Copy C~Y OF NEW HOPE EDA AGENDA EDA Regular Meeting g2 February 27, 1995 President Edward J. Erickson Commissioner W. Peter Enck Commissioner Pat LaVine Norby Commissioner Gerald Otten Commissioner Terri Wehling 1. Call to Order 2. Roll Call 3. Approval of Minutes of lanuary 9, 1995 4. Resolution Approving Declaration of Covenants for 7901-7909 51st Avenue North (Improvement Project No. 505) 5. Adjournment % CITY OF NEW HOPE · 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 Approved EDA Minutes January 9, 1995 Meeting//1 CALL TO ORDER President Erickson called the meeting of the Economic Development Authority to order at 7:16 p.m. ROLL CALL Present: Erickson, Enck, Otten, Wehling, Norby Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, Bellefuil APPROVE MINUTES Motion was made by Commissioner Wehling, seconded by Commissioner Enck, to approve the EDA minutes of December 12, 1994. Voting in favor: Enck, Wehling, Otten, Erickson; Abstained: Norby; Absent: None. Motion carried. IMPROVEMENT President Erickson introduced for discussion Item 4, Resolution Approving PROJECT NO. 505 Plans and Specifications and Ordering Advertisement for Bids for Item 4 Construction of Handicapped Accessible Twin Home at 5009 Winnetka Avenue North (Improvement Project No. 505). Ms. Sarah Bellefuil, Administrative Analyst, provided background of the project including acquisition and funding. She reviewed the design plan and features of the twin home. She noted as a result of the December 12th discussion, a gabled roof will be constructed above the garages. Substantial discussion ensued regarding the insulation standards and whether to upgrade from the minimum standards. Ms. Bellefuil stated according to the City Building Official, noise does not penetrate walls but actually penetrates around doors and windows. High quality doors and windows as well as caulking around door and window openings will decrease noise infiltration. EDA members expressed concern regarding possible traffic noise from Winnetka and approved the installation of a sound channel on the interior wall on the Winnetka side to dampen vibrations at a cost of $245. Commissioner LaVine Norby commented on the project's close proximity to her home and stated for this reason she will abstain from the vote. The EDA briefly discussed landscaping of the property. Remarks were made against the placement of a center strip of green space between the driveway as it is difficult to maintain. EDA RESOLUTION Commissioner Enck introduced the following resolution and moved its 95-01 adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND Item 4 ORDERING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF HANDICAPPED ACCESSIBLE TWIN HOME AT 5009 WINNETKA AVENUE NORTH {IMPROVEMENT PROJECT NO. 505)." The motion for adoption of the foregoing resolution was seconded by Commissioner Wehling, and upon vote being taken thereon the following voted in favor thereof: New Hope EDA January 9, 1995 Page '1 Erickson, Otten, Enck, Wehling; and the following voted against the same: None; Abstained: Norb¥; Absent: None; whereupon the resolution was declared duly oassed and adoDted, signed by the president which was attested to by the executive director. ADJOURNMENT Motion was made by Commissioner Enck, seconded by Commissioner Wehling, to adjourn the meeting. All present voted in favor. The New Hope EDA adjourned at 7:37 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope EDA January 9, 1995 Page 2 · ~ EDA Originating Department Approved for Agenda Agenda Section City Manager~ EDA Sarah Bellefuil I ) 2-27-95 ItemNo. By:. Administrative AnalystBy:/~/: RESOLUTION APPROVING DEC~/ARATION OF COVENANTS FOR 7901-7909 51ST AVENUE NORTH '(224Pl~~'PROJEG~ 1~3. 505) The enclosed resolution approves the Declaration of Covenants for the City owned property located at 7901-7909 51st Avenue North (formerly 5009 Winnetka Avenue North). This property was purchased from HUD in February, 1994, for scattered site housing purposes. In June, 1994, 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 the CO-OP Northwest Community Revitalization Corporation. Bids for the construction of the project were opened February 23, 1995, and will be presented to the City Council on March 13, 1995, for approval. Staff is currently securing purchase agreements with two individuals. In order for the purchase agreements 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 this 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 sight 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 agreements are executed. The enclosed r~lution approves the. Declaration of Covenants for the property at-7901-7909 51 st Avenue and staff recommends approval of the resolution. MOTION BY '~~ SECOND BY Review: Administration: Finance: RFA-O01 CORRICK & SONDRALL, P.A. STEVENA.$ONDRALL ATTORNEYS AT LAW t~GALA$$ISTANTS MICHAEL R. LAFLEUR Edinburgh Executive Office Plaza LAVONNE E. KESKE MARTIN P. MALECHA SHARON O. DERBY WILL[AMC. STRAIT 85~5 Edi~brook Crossing Suite ~203 Brooklyn Park, Minneso~ 55443 TELEPHONE (612) 425-5671 FAX (612) 42~867 February 3, 1995 Ms. Sarah Bellefuil Administrative Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Sale of 5009 Winnetka Avenue North Our File No: 99.11124 Dear Sarah: Enclosed please find a draft Declaration of Covenants relating to the above referenced property. In reviewing this draft please keep in mind the following: 1. These covenants involve certain items peculiar to this property, including the party wall and alterations to the exterior of the property. At at minimum, these provisions should be included in the document. These include paragraphs 10, 11, 12 and parts of 4. 2. Several other provisions might be considered boilerplate but need to be there, such as paragraphs 1, 2 and 13-16. 3. The other paragraphs are optional, and including them depends upon how regulatory the EDA feels. Some of these issues addressed in these paragraphs are covered by City ordinances, and some go beyond the Code (such as 5, 7, 9 and parts of 6). 4. There are a number of other provisions which I did not include because they are covered adequately by the City Code. These include items such as prohibitions on (non pet) animals, noise, lighting spilling over onto the other parcel, etc. These items could be included in the covenants, but the City probably has a more effective enforcement mechanism by the application of its building and zoning codes. Ms. Sarah Bellefuil February 3, 1995 Page 2 5. If a person violates these covenants, someone, either the EDA or the other property owners, must bring a court action to enforce the covenants. And, while the covenants include a right to attorney's fees for the plaintiff if they prevail, quicker and probably less expensive compliance can be achieved by the enforcement of the City Codes. Please review the enclosed and contact me with any comments or questions. These covenants should probably be approved at the same time as the plat. Sincerely, Martin P. Malecha s3f2 Enclosure cc: Daniel J. Donahue, City Manager Kirk McDonald, Management Asst. Steven A. SOndrall, City Attorney FE~-22-~5 ~ED 15~t5 P, 02/ll EDA RESOLUTION NO. 95- RESOLUTION APPROVING DECLARATION OF COVENANTS FOR 7901 - 7909 51ST AVENUE NORTH WHER~Ag, the Econom~ Development Authorlt¥ in anU for the , City or New Hope (EDA) iS the owner of the real estate known as 790! - 7909 5!st Avenue North, legally described ss follows: That part O~ the Southeast Quarter of the Northeast Quarter, Section 7, Township 11a, Range 21~ described as beginning at ~ point on the East l~ns of said quarter- quarter d~stant 330 feet Sou~h along said. East l~ne from the Northeast corner thereof; thence North along s~d East ~ne 150 feet; thence West parallel to the North line of said quarter-quarter 1~8 ?eat; ~hence South patella1 to said East line 150 feet: thence East to the point of beginning, except the West 7 feet of the East 40 feet the~eof~ ac~ord~n~ to the Government Survey thereo~ and WHEREAS, said real estate witl be platted as Lots 1 and 2, Block 1, Marry Addition, and WHEREA~ a handicap accessible twinhome for low or moderate ~ncome persons w~11 then be constructed an said reAtest~te, and WHEREA~, in order to insure the proper ownership an~ use of ~a~d real estate, it ~s desirable to adopt the Declaration of Covenants a,f~ched hereto es Exh~b~ A. NOW THEREFORE~ BE IT RESOLVED by the Economic Development Authority Jn And for the City of New Hope a~ follows= !. That ~he Declaration o~ Covenants attached hereto as Exhibit A ~s approved and adopted, and the P~esident and Executive Directo~ ~re authorized and directed to ~ign the ~me. ~. That staff fs directed to f~le said Declaratlon of Covenants with the Hennepin County Registrar of Titles after the filing of the plmt of Mark¥ Addition. Dated this day of , 1996, Edw. ,.!. Erickson, President Attest: Dan¥~ J, Donahue, Exeoutive Director FEB-22-g6 WED 15:15 P, 03/ll DECLARATION OF COVENANTS lt~is declaration is made thi~ day of _, 1995, by Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation, hereinafter refer'red to as the Declarant, WHEREAS, the Declara. L is the fee owner o~: Lots I and 2, Block 1, Marky Addition, according to the plat thereof File~ or of record in the Office of the Registrar of Titles in and for Hennepin County, Minnesota, (hereinafter the Property), anU WHEREAS, the purpose of the Declaration is 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 improvement~ 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 alt parties that h&ve 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. ~XH1BIT A 1. Definitions. "Property" mhall mQ~n the reml property platted as Lots 1 and 2, Block 1, Marky Addition, Hennepin Oounty, Minnesota, ~0oordinB to th~ plot thereof on film or of regord in the Office of the ~egistrar of Titiem in and for 8aid Oounty. "Lot" shall mean any lot in the Property, whenever lhe 8ingu!Qr ug~d, it ~h~ll include the plurml, the plurml the mingulmr, 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 Oity of New Nope, Minnemota (hereinafter City) in effect as of the date of this Declaration ehall bm binding hereafter, 3. Land Use. The Property shall be used solely for single= family res'identi~l purposes. No trade or other business activity shall be carried on upon any of the Property, nor mba11 anything be done thereof which may be or become an annoyance or nuisance. · , Improvement of Property. Except for the initial construction of the dwelling on the Property while the Property is owned by De~lar'ur]L, rio owr]er' sh~l 1 under'L~ke ~rly audi ri uL ior,, change or alternation of the dwelling thereof, whether functional or decorative, unless and until ~he value, ~ype and size thereof, mater~ot~ to be umed in ¢onmtruct~on, exterior color ~cheme, specifications and details thereof, shall have been approved in writing by Deolarant~ and all necessary permits and aPproYal~ been received from the Oity, §. Temporary Structures. No structure of a temporary ~ F~B'-22&95 ~ED 15:16 P, 05/11 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 m~y have a garden or yard storage shed n~f to ~×need 100 GQuare feet, provided that its exterior Is o¢ the same material and color as the dwellins.&n~ it~ placement on the lot is such that it wil~ not damage or interfere with any easement for the installation or maintenance of utilities, and will not change, obstruct or retard direction or flow of any drainag~ ea~ments. §. Vehicles. No vehicles wtthout a current and valid reeistration, no inoperable vehicles, and no oommeroi~! vehi6]es, recreational,vehicles, trai~ers, boats, snowmobiles, and wheeled or track Yehic]es or 6ommercial equipment of any kind shall be ~tur'ed on the ~ot other than within the garage so as not to be visible from outside the ~ot. ?, Antenna. Al~ t~evision or other antenna sha~l be located within the interior of the dwelling unless hardships involved make it necessary to use ~nother loo~tion, Any suuh alternative ~oration must be ~pe¢ific&~ly ~pproved in writing by Declarant prior to any installation work, satellite dishes or similar transmitting or r~¢eivin9 devices will not normally be approved within the Property. 8. L~nd~capinR, No tree, hedge or other landscape feature shall be planted or maintained in the location which ob~trurt~ FE~-22-@~ ~ED 1~:16 P, 06/ll sight lines for vehicular traffic on public streets. g. Window Treatment. No bed~heet~, plastic sheets~ newspaper, plastic storm windows or other similar window treatments shall be hun9 or placed in or on any window on any dwelling located on the Property. 10. Party Walls and Party Fences. The rights and duties of owners with respect to party walls and party fences shall be governed by the following~ a. ~enera.]__Ru.3_~_~_~_~.._~g_..6_pg]_Z, Each wall or' renue which ~, constructed as p~rt of the or~glnal construction on the Property, ~ny par~ of which is placed on the dividing line between lota 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 wall 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 r'u]es'.u'r l~w r'egarding par'ly walls and p~r't~ 'rer]~es arid regarding liability for property damage due to negligence or w~]l~ul acts Or om~ssions shall apply thereto, b. GharinA of Repair and Maintenance and De~t~u~tion..by Fi.re P_E.]~L~Le_E._C~, If any such party wall or fence is damaged or destroyed by fire or other' casualty or by some csuse other than the act of one of the adjoining owners, , ff~B-22-85 WED 15:17 P, 07/II his agents oF family (including ordinary wear and tear and deterioration from lapse of time), then, in such event, both such ad~oining 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. Repair~ of Damage Caused by One Owner. If any such party wal~ or fence is damaged or de~royed through the act of one adjoining owner or any of his agent~ or guests or members of hi~ family (whether or nor ~uch act is ~ negligent or otherwise culpable) so as to deprive the · ' other adjoining owner of the full u~e and enjoyment of such wall or fence, then the owner responsible for such d~m~ge shall forthwith proceed to rebuild and repeir the game to as good condition am formerly, without cost to · the adjoining owner. " d. Other Change~, In addition to meetin~ the other requirements of this Declaration, and of any building code or similar' r'e~ulat~on or ordinance, any owner proposing to modify, make additions to or rebuild his residential unit ~n any manner which requires the exteneion or other alteration of any party wall or fence shall first obtain the written consent of the adjoining owner and Declarant. 5 FEB-22-95 WED 15:17 P, 08/ll Right to Contribution Runs With Land. The right o¢ any owner to contribution from any other owner under this section mhall be ~ppurten~nt to the land and shall pass to the succes~or~ in title of such owner. 11. Insurance. By virtue of taking title to a residential unit in the Property, each owner covenants ~nd 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 eot a home shartng a common wall and ~iaDility coverage of at least $300,000.00. E~ch indi¥idual owner also agrees that in the event that their dweTling is tota]]y destroyed, the owner shall proceed promptly to repair or reconstruct the dwellin~ in a mmnner consistent With the original construction. 12. A~ternations 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 exlerior of the dwelling~ including ~n alteration in the color, shall be made without prior written consent of the other owner and Declarant. 13, Covenants Run with Land. These restrictions and covenants are to run with fh~ land and shall be binding on al~ p~rties and all persons claiming under them for 30 yesrs from the date hereof, at which time theee covenant~ may be e~tended, or may be modified and extended, for successive periods of thirty years, FEB-22-95 WED 15:18 P,O@/I1 with extension by a majority vote, and modification only by an unanimous voted of then owners and Declarant, with the combined owners of each individual lot to cast one vote, and an instrument settt~g forth said extension ur' modification and extension is duly executed and acknowledged by said owners and Declarant voting in favor o¢ the extension or modification and extension and duly filed 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 cuntinue in full force and effect as long as a dwellin9 with a party wall or fence is in existence on the Property, 14. A~~ent, The Declarant may Assign any and all of its rights, powers, obligations and privileges hereunder to any other corporation, association or person. Such assignment, ur' as~ignment~ are effective upon the recording and filing with the Registrar of Titles Office, Hennepin County, Minnesota of the instrument assigning the same. 15. 6nforcement. Enforcement of th~ covenants shall be by proceeding at law or in equity against any person or persons violating or ~ttemptin9 to violate eny of the covenants and restrictions, either to restrain violation or to recover damages, ~ny owner or Dec~rmnt shall h~ve the right to meek enforcement of these covenants and r~trictlons, and in the event such party seeking such enforcement shall be upheld by the Gourts, the FEB-22-95 WED 15:18 P, IO/ll ~ defendanl: or defendants ir] such oase shall be liable for the reasonable attorney's fees ~ustained by the pleintiff, 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. 1§. ~eye.r_abi__l__.~it¥. Each oF lhe provisions hereof shell be deemed independent of the other~, and invalidation of any oma of these covenants, or any part or parts thereof, by judgments or ~ourt order, shall in no way affect ~ny of the other provision~ hereof which sha~l remain in full force and effect. IN WITNESS WHEMEOF, the Declarant hereto h~s executed th'is declaration on the day and yesr indicated below. ECONOMIC DEVELOPMENT AUTHORITY AND FOR THE CITY OF NEW HOPE BY .. Its President gy Its Executive Director 8 FEB-22-95 WED 15:18 P, 11/ll ~TATE OF MINNESOTA ) COUNTY OF HENNEP~N ) The foregoing was acknowledged before me, ~ Notary Public within and for said County, this day of 1995 by Edward J. Erickson and Daniel J. Donahue, the President and Execut~¥e Director, respect~¥ely, of the Eoonomic Developmen~ Authority in ~nd for the Gtty of New Hope, ~ Minnesota municipal corp~rat~on, 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: CORRICK & SONDRALL, P.A. 8525 Edinbrook Croeein~, #203 Brooklyn Park, MN 55443 (612) 425-5671 C4\ W p5 l\~rt I~, ~ar~tion. m=