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=