ZOA 76-04CITY OF F RIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
TELEPHONE ( 612)571-3450
CITY COUNCIL February 3, 1982
ACTION TAKEN NOTICE
Mr..& Mrs. Gordon J. Aspenson
17 Rice Creek Way N.E,
Fridley, Mn 55432
Dear Mr. & Mrs. Aspenson,
On February 1, 1982 , the Fridley City Council officially
approved your request for Condo conversion of Condo Plat 8 and Condo plat 9
with the stipulations listed below:
1. Stipulations as per letter dated January 28, 1982 from Steven 019on.
2. Please consider this letter as your Condo Conversion license and retain:
3. Council has directed that half of the condo conversion license fee be
returned, due to the timing of this application and the City Rdindnce.
If you have any questions regarding the above action, please call the
Community Development Office at 571-3450.
JLBjde
Si4Kerel.yl
f�--
ty Pl
��iw a-aJ �. �.
anner
Please review the noted stipulations, sign the statement below, and return
one copy to the City of Fridley.
Concur with action taken.
COUNCIL MEETING OF FEBRUARY 1, 1982 PAGE 10
6 RECONSIDERATION OF VARIANCE REQUEST TO ALLOW A SECOND PYLON SIGN FOR
ONE YEAR 7441 EAST RIVER ROAD D S KORNER PIZZA. WEARNE R. CLA TON
GENIED BY COUNCIL ON 1/4/82):
Councilman Fitzpatrick stated, in view of the fact that there are going
to be changes at this intersection that might affect any new signing,
and the fact the original recommendation from the Appeals Commission was
for approval, the following action was taken:
MOTION by Councilman Ftizpatrick to grant the variance request to allow
a second pylon sign for one year for Red's Korner Pizza at 7441 East
River Road, as requested by Werne R. Clayton. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
7
ORDINANCE NO. 744 AMENDING CHAPTER 11, SECTION 11.10 OF THE FRIDLEY CITY
CODE RELATING TO FEES ( CONVERSION CONDOMINIUMS):
MOTION by Councilman Schneider to waive the second reading of Ordinance
No. 744 and adopt it on the second reading and order publication.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSI
CONSIDERATION OF TWO CONDOMINIUM CONVERSION PERMITS - GORDON ASPENSON,
17 RICE CREEK WAY:
Mr. Flora, Public Works Director, stated the City received two requests
for condominium conversions and the applicants were informed that they
were required to pay a license fee for condominium conversion.
He stated the application for these conversions was made to the County
on December 16, 1981 and the City received notification on January 19,
1982. He stated the amount they were requested to pay was $750 for
converting these rentals to condominiums.
Councilman Hamernik pointed out much of the work for these conversions
was done prior to the Council addressing the fee schedule and establish-
ing an ordinance for licensing.
Mr. Aspenson, 17 Rice Creek Way, the owner and applicant, thanked the
Council for putting this item on the agenda. He stated when they
decided to convert their units to condominiums, his wife discussed
this„. -atter in June with the City staff. He stated she was told there
was nothing in the City ordinances that would prohibit them from doing
this so they contacted the engineers and contractors and went through
with the conversions.
Mr. Aspenson stated they are now recorded at the County and he didn't
do the conversions with the intent of bypassing the City and was
ignorant of the fact the City had any ordinance covering condominium
conversions.
Councilman Hamernik stated, on the basis of the comments made and
discussions with staff, it seems the majority of the work was done
before the City had the ordinance, therefore, he moved the following:
MOTION by Councilman Hamernik to grant the 11censes._f_or__tAe_tw,o—
condominium conversions by Mr. Aspenson ai b500, 6510, 65202nd Street_
N.E. and 6489, 6491, 6493, 6495 Riverview %grace and-reduces--=bhe fee
by 50% because of certain extenuating circumstances. Seconded Ly
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
29•
COUNCIL MEETING OF FEBRUARY 1, 1982 PAGE 9
ENVIRONMENTAL QUALITY COMMISSION:
Councilman Schneider nominated Richard Svanda for reappointment to the
Environmental Quality Commission. Seconded by Councilman Barnette.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Fitzpatrick nominated Maynard Nielson for reappointment to
the Environmental Quality Commission.
MOTION by Councilman Fitzpatrick to close the nominations and cast a
white ballot for the reappointment of Maynard Nielson to the Environmen-
tal Quality Commission. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
HUMAN RESOURCES COMMISSION:
Councilman Fitzpatrick nominated Peter Treuenfels for reappointment to
the Human Resources Commission.
MOTION by Councilman Barnette to close the nominations and cast a white
ballot for the reappointment of Peter Treuenfels to the Human Resources
Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
ENERGY COMMISSION:
MOTION by Councilman Barnette to table the appointments to the Energy
Commission. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
CABLE TELEVISION COMMISSION:
Councilman Schneider nominated Barb Hughes, 548 Rice Creek Terrace, for
appointment to the Cable Television Commission.
MOTION by Councilman Schneider to close the nominations and cast a white
ballot for the appointment of Barb Hughes to the Cable Television Commis-
sion. Seconded by Councilman Barnette. Upon a vice vote, all voting aye,
Mayor Nee declared the motion carried unanimously. Councilman Schneider
nominated Ed Y.aspszak for reappointment to the Cable Television Commission.
MOTION by Councilman Schneider to close the nominations and cast a white
ballot for the reappointment of Ed Kaspsak to the Cable Television Commis-
sion. Seconded by Councilman Barnette. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
HOUSING AND REDEVELOPMENT AUTHORITY:
Mayor Nee stated he was not prepared at this time to make the appointment.
therefore, the matter was tabled.
5 CONSIDERATION OF RETURNING REPLAT OF INNSBRUCK NORTH
Inc LOt r%AN FroacnAl 1 v 1 RrA'rrn l.1/1DTIJ nr T LOA DCTI.ICr
Councilman Schneider stated the Innsbruck Townhouse Association reviewed
the replat with their attorney and found it would affect their titles.
He stated the attorney for the Townhouse Association recommended a
certification of correction could be filed, rather than a replat. He
stated the City Attorney saw no problems with this, but it would have
to go back to the Planning Commission.
MOTION by Councilman Schneider to refer this replat back to the Planning
Commission for their consideration of certificates of correction, rather
than a replat. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
M / " 11 :ri 11: I I ;rti • Y
111 .7.1 NIB;N M, M i 1111;
UYYIVP+Lj/UUN1 aux 1'UM:tlASPil u
CONSmCTION DATE: ADDIT1ONS:
CERTIFICATE OF OCCUPANCY ISSUED: YES NO DATE
A. ZONING ACTION: ORDINANCE NO:
B. SPECS& PERMIT (S): #
C. LOT SPLIT (S)
D. VACATIONS) : # ORDINANCE NO:
E. VARIANCES
APPEALS COMMISSION: APPROVED DISAPPROVED DATE NO.
CITY COUNCIL: APPROVED DISAPPROVED DATE NO.
F. EASEMENT'S: REQID DEPT REDID
Bikeway/walkway
Street right-of-way
Utility
Drainage
Alley
Other (Specify)
G. LICENSE S) (List): Date of Renewal:
H. STIPULATIONS (List): DATE REQUIRED DATE COMPLETED
180
-PUBLIC HEARING MEETING OF NOVEMBER 8, 1976 ,.b„_ F -PAGE ..3 ;
Mr. Qureshi, City Manager, stated that there were three choices: JI) It can remain
'a
R-1, (2) Rezone to R-2, and (3) If rezoned R-3, there could be some kind ofcovenant
filed against them to restrict them.
Mr. Virgil Herrick, City Attorney, stated that the covenant would have to be filed by
the owner --not the City. He further stated that there was one other possibility,
-
although somewhat untried, in that there is a kind of emerging series of cases in
zoning that would permit contractual zoning wherein the developer of the City enters
into a contract prior to rezoning a piece of property. This is, however, quite new
and has not been tested. Mayor Nee asked if it would automatically refer to R-1.
{
Mr-. Herrick respongjpd that it could possibly be made part of the contract and if the
development does not'take place as described in the contract, within a certain period
'of time, the rezoning would revert back to what it was previous to the request.
Mr. Herrick suggested that a draft proposal could be drawn up which would incorporate
what the developers are talking about and an agreement between the owner and the City.
Councilwoman Kukowski stated that the matter was not going to be voted on by the
Council at this time.
Mayor Nee stated that this'would cane up again for discussion next Monday at which
{
time it would be the first reading of an ordinance, but they Would have an indication
-
at that time. Mayor Nee then commented that Councilman Starwalt wouldwantto have
a draft of a contract at that time. Mr. Herrick stated that he would have one
drawn up.
I
MOTION by Councilman Fitzpatrick to close the Public Hearing on the rezoning request.
Seconded by Councilman Hamernik. Upon a voice vote, all -voting aye, Mayor Nee
r
declared the motion carried unanimously and the Public Hearing closed at 8:31 p.m.
FSOTION.by Councilman. Fitzpatrick. to close the Public Hearing on,the.consideration of
the final plat. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed
at 8:31 p.m.
'
PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #76-04, GORDON
P N ON TO REZONE FROM R-1 T R-3; 6500 ZND STREET N.E.:
t
MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and
s
open the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing_
opened at 8:32 p.m.
Mr. Dick Sobiech, Public Works Director, then proceeded to state that this is a
request for rezoning from R-1 to R-3.
The Planning Commission did have a public gearing on September 8, 1976, and did.
recommend to Councilapproval of the request. Mr. Sobiech asked if Mr. Gordon Aspenson
was present, and he was. Mr. Sobiech further stated that the rezoning would be to
I
'allow for the construction of townhouse style triplex, which he and his staff believe
would fit quite well and are extremely attractive buildings. Mr. Sobiech then referred
to the west side of town, Riverview Terrace and Mississippi Street, where there is one
in existence. There were no .objections noted at the P.lannina Commission meeting after
the plans were reviewed by the adjacent property owners.
Mayor Nee then proceeded to ask the Councilmembers if they had any questions, and
there were none. He then asked the audience if there were any questions -or comments,.
and there was no response.
MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilwoman
Kukowski. Upon a voice vote, al.l voting aye, Mayor Nee declared the motion carried
unanimously and the Public Hearing closed at 8:36 p.m.
e
l'MIC HEARING MEETING OF NOVEMBER 89 1976
ON IMPROVEMENT: STREET
9-1976
PAGE 4
77-2
181
MOTION by Councilwoman Kukowski to waive the readino of the Public Hearing notice and
open the Public Hearing. Seconded by Councilman Fitzpatrick.' Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously and the Public
Hearing opened at 8:37 p.m.
Pira Sobiech, Public Works -Director,- discussed the project stating that street improve-
ment projects are proposed in one of two ways: they are either included as part.of a
.designated street improvement program or'they have been requested for improvement by
adjacent property owners. He further stated that the majority of the people who are
present at the meeting this evening are in the initial group where their streets
were initially programed into the.terr year street improvement program. At this
point in time, it is however, proposed that they continue on with the improvement
Program -
14r. Sobiech noted that it should be -pointed out that the initial program was started
in 1969, in which the City of Fridley had roughly 75 to 80 miles of streets and
approximately a third, or 25 miles, were substandard. At this point in time, they
have averaged approximately two and three miles per year to improve the substandard
design --eliminating the swaleback section or improving the dirt section. .He further
stated that 1977 will be the ninth year, and they have approximately four to five
miles of street remaining and about two. miles scheduled for 1977.
The basic standard that the staff has been followirm since 1969 is a 36' wide street
that has concrete curb and gutter and has bituminous mat. He then referred to a
map stating that those noted in red have been improved.Some of the earlier streets
were installed with the bituminous type of curbing and it was determined that that
type of curbing construction has a high maintenance and results in very high mainte-
nance costs. The concrete curbing, however, is more effective and can put up with
the abuse that the modern City maintenance equipment has to put up•with in maintaining
the street i.e., snow plowing and street sweeping.
Mr. Sobiech stated that the majority of the City is done to what they consider a
standard design. There is, however, a portion remaining to the south center of the
City and a few sporadic streets that have been eliminated at certain time periods
throughout the ten year improvement program. The initial ten year improvement
program was set up so that certain streets were programmed for certain years. During
the ten year process, there have been requests wherein certain residents have wanted
their streets improved a little sooner and therefore, the City would then compensate
for that and try to improve them as the people wanted them. The majority, however,
dere put in according to the program and they are approximately 90 to 95% done with
,,the program -
Mr. Sobiech continued that with the standard design section-, they first try to
improve the drainage situation. On several of the streets that are proposed for
improvement, there is Standing water and this hopefully will be taken care of with
the elimination of the winaback design. As noted, Mr. Sobiech stated that the majority
of the streets proposed have numerous patchings on them in an attempt to maintain
thein the best way possible until they got to the point of the proposed improvement
for the specific area. Together with trying to eliminate any drainage problems in
the area by the installation of the concrete curb and the moreuniform cross section
to correct thewater to the curbing and then out to the existino storm sewer structures;
they do install various catch basins, and upgrade the various castings in order to
ensure that the drainage is taken care of.
Mr. Sobiech further stated that another important item to note is that the improvement
will result in a reduction of maintenance costs by eliminating the substandard design
section. He also commented that the aesthetics.of the neighborhoods have improved
substantially and by proceeding with what has been a very successful program, the
quality of life can be maintained with the residents that do exist in Fridley.
196 I
I
i
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY.COUNCI-L OF NOVEMBER 15, 1976
I
The Regular P1eetina of the Fridley Cityv Council of November 15, 1976 was called to
order at 7:35 p.m. by Playor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and the audience in sayinn the Pledge of Alleniance to
the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilman Hamernik, Councilwoman Kukowski,
Councilman Starwalt and Councilman Fitzpatrick.
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
PUBLIC HEARING MEETING OF OCTOBER. 18, 1976:
i
MOTION by Councilman Hamernik to approve the minutes of the Public Hearing Meeting
of the Fridley City Council of October 18, 1976, as submitted. Seconded by Council-
woman !<ukowski. Unon a voice vote, all votinn aye, Mayor Nee declared the motion
carried unanimously.
REGULAR HEETING OF OCTOBER 25, 10-76:
HOTIOH by Councilman Starwalt to annrove the minutes of the Renular Meeting of the
Fridley City Council of October ?5, 1976, as submitted. Seconded by Councilman
Hamernik. Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried
unanimously.
REGULAR HEFTING OF NOVEMBER 1, 1976:
NOTION by Councilwoman Kukowski to aporove the minutes of the Renular Meeting of the
Fridley City Council of November 1, 1976, as submitted. Seconded by Councilman-Hamernik.
Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee advised that there would be an item added to the anenda followinn Item #8.
This will be "Consideration of a Resolution Authori7inn Execution of Anreement No. 58415
which provides for the Installation of Railroad Grade Crossinn Sinnals at 77th Way N.E."
MOTION by Councilwoman Ku!,owski to adopt the anenda as amended. Seconded by Councilman
Starwalt. Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried
unanimously.
OPEN FORUM, VISITORS:
Councilman Fitznatrick commented briefly that there was a matter for discussion regarding
fencing between Altura Park and Mr. Robert Bishop's nronerty at V-17 Altura Road.
He said that there has been material nreviously in the anenda renardina this topic.
Mr. Bob Bishop was present to state his case and answer any ouestions. Councilman
Fitzpatrick also stated that there is a letter sinned by the former Director of Paris
whereby he nave Mr. Bishop an option on the tyne of "encinn that included a redwood
fence, and Ptr. Bishop would like to have the fence nut in.
Mr. Bob Bishop, 5417 Altura Road, stated that he has a nroblem with the picket fence
that is un at the present time in that the snow in t' -e arintertime presents a problem
because there is no border and the 3' to 4' of snow noes into the driveway. Also, the
accumulation of garbage that blows throunh t"re nark, prom the kids nlayinn there,
and the unnecessary weeds is a problem. He futher mentioned that he had spoken to
197.
REGULAR COUNCIL MEETING OF NOVEMBER 15, 1976 PAGE 2
Mr. Paul Brown on several occasions regarding a fence being put in and a lot of promises
were made, but no fence. Mr. Bishop stated that he was willing to split half the cost
with the City and would like to have a fence put up from the fence that he has in the
backyard towards the street, and he was hoping the City Council would approve such a I
fence in order to preserve the beauty of the park.
Councilman Fitzpatrick stated that he would be in favor of erecting a fence and nay
half the cost and as far as maintenance noes, Mr. Bishon has agreed to assume the
maintenance. He further pointed out that the only objection of the Park Department wi.th
this request is that they do not want to maintain a redwood fence. Councilman
Fitzpatrick also stated that one of his chief reasons for sunnortinn the reouest was
that Mr. Bishop has been in possession of a letter for quite 'sometime believing that he
has had the option for the past two or three years. Councilman Fitzpatrick, therefore,
believed the Council would be justified in granting the request for the aforementioned
reasons.
r
Councilman Starwalt stated that although he realizes this is a problem, it is a matter
! of going beyond what the City has done for different homeowners under similar circumstances
and the City's policy has been to stick with the chain link fence. The chain link fence
being more durable and earier to maintain., he believed this to be a pretty good compromise.
Councilman Fitzpatrick's recollection was that bids were taken on three optional fences
so there certainly was something in the works, however he was not sure why it was held
up for so long.
Mayor Nee asked if there would be a problem with the fence being built on Mr. Bishop's
property and Mr. Virgil Herrick, City Attorney, responded that he did not think so
as long as the Council makes a finding that the fence is being built for the benefit
of the Park.
Councilman Hamernik asked Mr. Bishop to clarify what he meant by maintaining the fence.
Mr. Bishop responded that if a wood slat came out, there would be no problem in putting
another slat in.
Councilman Starwalt questi.oned...the action(s), if any, by the Park Board regarding the
matter and Mr. Nasim Qureshi, City Manager, stated that the Park Board was against it
Councilman Starwalt then stated that they apparently never reacted to the letter nor
the securing of bids.
Councilman Fitzpatrick stated that it was his impression that they forwarded it to the
Council for some action.
Councilman Hamernik raised the question of should Mr. Bishop sell his home, what position
does that leave the City in. Mr. Bishop responded that he suspects his home is worth
anywhere from $45,000 to $53,00, and one would assume that anyone who could qualify fur
a loan to buy his horne would have some pride in maintaining such a home.
Mr. Herrick stated that he believed it would be looked at as just another private
appurtenance with a ne-w home. However, YOU wOuld have to rely on the new owners to
maintain it irithin a reasonable fashion.
MOTION; by Councilman Fitzpatrick to approve the requP t and erect the fence and the City
pay half the cost for such fence. Seconded by Councilwoman Kukotijski. Upon a roil call
vote, Mayor Nee voting aye, Councilwoman KUkowski voting aye, Councilman Fitzpatrick
voting aye, Councilman Hamernik voting aye and Councilman Starwalt voting nay, Mayor
Nee declared the motion carried four ayes and one nay.
Mr. Qureshi stated that some kind of document would be drawn up and signed with Mr. Bishop
regarding this. �•
NEW BUSINESS:
CONSIDERATION OF FIRST READING OF AN ORDINANCE ON RE70NINR REQUEST, 70r1ING-ORDIr1ANCE
{ „ ) AMENDMENT ZOA x`76-04, COR90W.,ISPENSON,'TO RE7.ONE FROM R-1 TO R-3; 6500 22ND STREET N .E.:
l MOTION by Councilman Hamernik to waive the reading and adopt the ordinance on the first
reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor
,S Nee declared the motion carried unanimously.
l
DISCLOSURE STATEMENT FOR CONDOMINIUM N0.
6500, 6510, 6520 2nd Street N.E. Condominium
DESCRIPTION OF PROJECT:
Gordon J. Aspenson and Betty J. Aspenson, 17 Rice Creek Way,
Fridley, Minnesota (the "Sellers') have a building located at:
6500, 6510, 6520 2nd Street N.E. Fridley, Minnesota
(the "Building") and intend to subject the property to a plan of
condominium ownership (the "Project").
The Building contains 3 units (the "Units") and common
elements. No additional Units wil be included in the Project.
The Units will be restricted to residential, use and will include:
The common elements will include such facilities and amenities
as green areas and roadways.
The Sellers: (check one)
intend to commence work on the Project by
represents that all intended work is completed.
All of the Units in the Project will be offered for sale to
the public. The Sellers will have the right to sell Units to
investors or to rent Units pending sale.
STATUTORY REQUIREMENTS:
The Minnesota Uniform Condominium Act (the "Act") requires that
the Sellers provide each buyer of a Unit before closing with the
information and documents'contained in this Statement.
Within:15 days after receipt of this Statement and before closing,
a buyer may cancel any purchase agreement entered into with the
Sellers. If the buyer receives this Statement more than 15 days
before a purchase agreement is signed, the buyer has no rights
to cancel its purchase agreement with the Sellers. If the Sellers
fail to give the buyer this Statement before closing, the buyer
may recover from the Sellers up to five percent of the sales price
of the Unit being purchased. A buyer may waive all cancellation
rights if closing takes place within 15 days after the date when,
a purchase agreement is signed. _ `
In addition to the information contained in the first section
of this Statement, the information and documentation required by
the Act includes the..following matters:
-2-
1. Purchase agreement. The purchase agreement de.cribes
any liens, defects or encumbrances on or affecting the title to
the Unit being purchased; sets forth any warranties being provided
by',Sellers; and contains a statement that any -earnest money paid
in connection with the purchase of the Unit wiil-be held in escrow
unfil"closing and will be returned to the buyer if the purchase
agreement is cancelled. See exhibit 1.
2. Declaration; floor plan for Unit being purchased; bylaws;
articles of incorporation for owners' association (the "Association");
any rules and regulations; and any contracts or leases to which the
Unit owners or the Association will be a party. See exhibit 2.
3. Current balance sheet, projected initial budget, and other
financial information for the Association as prepared by Sellers.
See exhibit 3.
Such information is to include reserves for repairs, replace-
ments, and other matters; projected assessments by categories of
expenditures and by type of Unit; other supplies and services to be
provided by Sellers and assessed against any Units; a description of
any initial or special fees due from the buyer and payable to Sellers
or the Association at closing; and any current or expected fees or
charges to be paid by Unit owners for use of the common elements and
other facilities relating to the Project.
4. Opinion of architect or engineer describing the present
condition of all structural, mechanical, and electrical components
of the Project; listing any uncured violations of local building
regulations; and estimating the cost of curing any such violations.
See exhibit 4.
The Sellers make no representations as to the expected useful
life of any of the components described in the opinion of the
architect or engineer.
5. A description of any financing offered by Sellers and a
description of the financial arrangements made by Sellers to complete
any additional improvements to the Project.
6. A description of the insurance coverage to be provided
by -the Association.
The insurance coverage which the Association will provide is
described in the applicable section of the Declaration which is
attached to this Statement as part of exhibit 2. _
7. A statement as to the status of any pending suits material
to the Project or to which the Association is a party.
-3-
There is no litigation pending or threatened with respect to
either the Project or the Association.
} The law requires all material changes to any of the information
_
or -documents contained in this Statement to _e__ given to buyers
before closing.
Upon receiving this Statement, each buyer is to sign, date,
and return the Receipt for Disclosure Statement which is attached
to this Statement as Exhibit 5.
RECEIPT FOR DISCLOSURE STATEMENT
} The undersigned hereby acknowledges the receipt of. Disclosure
Statement containing the following documents .and information relating
to -.the 6500, 6510, 6520 2nd Street N.E. Condominium
(the-PProject"): (1) Purchase Agreement; (2) Declaration, floor
plan for the Unit, bylaws, articles of incorporation for owners'
association, any rules and regulations, and any contracts or leases
to which Buyer or the Association will be a party; (3) current
balance sheet, projected initial budget, and other financial
information for the Association as prepared by Sellers; (4) if the
Project is a conversion condominium, an opinion of an architect or
engineer describing the present condition of all structural, mechan-
ical, and electrical components of the Project; listing any uncured
violations of local building regualtions; and estimating the cost
of curing any such violations; (5) a description of any financing
offered by Sellers and a description of the financial arrangements
made by Sellers to complete any additional improvements to the Project;
(6) a description of the insurance coverage to be provided by the
Association; (7) a statement as to the status of any pending suits
material to the Project or to which the Association is a party; and
(8) certain other information required by the Minnesota Uniform
Condominium Act.
Dated: , 19
Signature of Buyer.
Signature of Buyer
CONDOMINIUM PURCHASE AGREEMENT
PURCHASE AGREEMENT entered into by and between the undersigned
Seller and the undersigned Buyer.
1 . SALE OF UNIT. Seller, in consideration -oaf $
(tiiez"Earnest Money") paid by Buyer and received by Seller, hereby
agrees to sell to Buyer, and Buyer agrees to purchase, Unit ,
together with the undivided interest in the Common Elements
appurtenant thereto, in Condominium
(the "Project") . The Earnest Money shall be held in escrow by
until closing and shall be returned
to Buyer without interest if this Agreement is cancelled by Buyer
pursuant to Paragraph 4. The Unit shall include any improvements
or items of personal property described on the attached Addendum,
if any.
2. PURCHASE PRICE. The purchase (price for the Unit is
$ which shall be payable at closing as follows:
$ by crediting the Earnest Money against the purchase
price; payable in cash; and $ payable in
cash from the proceeds of a mortgage loan to be obtained by Buyer
at its expense. Immediately after Seller's acceptance of this
Agreement, Buyer shall make application for and use its best
efforts to obtain such a mortgage loan. If 'a written commitment
for such a mortgage loan reasonably satisfactory to Seller has
not been received by Buyer and a copy thereof furnished to Seller
within days after the date hereof, this Agreement shall
be voidable at the option of either party, and, if so voided,
the Earnest Money shall be promptly refunded to Buyer without
interest. If such a mortgage loan commitment is obtained, Buyer
will pay all of the lender's charges, discount or other points,
and other closing costs related to such mortgage loan.
3. OJMPLETION OF PROJECT. Seller shall substantially complete
the Project (including the Unit) in -a good and workmanlike manner
according to the final plans and specifications therefor by the
date of closing. The closing date shall be extended for a
reasonable period of time in the event of any delay in completion
caused by acts of God, riot or civil disorder, acts or omissions
of Buyer, acts of governmental bodies, labor problems or disorders,
unavailability of materials through ordinary business channels,
fire, delay in transportation, casualties, or any other causes
beyond Seller's reasonable control. No changes to the final plans
and specifications for the Unit shall be accepted by Seller -unless
Buyer signs a change order form and provides for payment yin a
manner satisfactory to Seller of the increased cost of construction
caused by such change order. Seller reserves the right to
substitute materials of substantially equal quality to any
specified in the final plans and specifications and .to make minor
changes in the final plans and specifications to accomodate changes
d
required during construction. Seller or its agents shall
supervise all construction work without interference on the part
of Buyer. Construction of the Unit shall be conclusively -deemed
to be completed in accordance with the final plans and
specifications and change orders, if any, when Seller's architect
so certifies in writing to Seller and when Buyer accepts tl a Unit
following a final inspection. Buyer 'shall be exclusively deemed
to have accepted the Unit (and the Project) in its then condition
subject only to any items of completion specified in writing at
the time of the final inspection and acknowledged by the Seller.
Buyer acknowledges that portions of the Project (including the
Unit) may not have been newly constructed and may have been
previously occupied and that any warranties which may be available
under Minnesota Statutes, Sections 327A.01 to 327A.07 offer
protection only to those parts of the Project (including the Unit)
which have been newly constructed by the Seller. Seller makes
no other war-ranties with respect to the Unit or the Project.
4. CONDOMINIUM DOCUMENTS. The Minnesota Uniform Condominium
Act (the "Act") requires that Seller give to Buyer the following
documents and information and any material changes thereto which
Seller may make prior to closing (the "Condominium Documents"):
a. This Agreement;
b. Declaration; floor plan for the Unit; bylaws; articles
of incorporation for.owners' association (the "Association");
any rules and regulations; and any contracts or leases to which
Buyer or the Association will be a party;
- C. Current balance sheet, projected initial budget, and
other financial information for the Association as prepared by
Seller;
d. If the Project is a conversion condominium, an opinion
of an architect or engineer describing the present condition of
all structural, mechanical, and electrical components of the
Project; listing any uncured violations of local building
regulations; and estimating the cost of curing any such violations;
e. A description of any financing offered by Seller and
a description of the financial arrangements made by Seller to
complete any additional improvements to the Project;
f. A description of the insurance coverage to be provided
by the Association;
g. A statement as to the status of any pending suits
material to the Project or to which the Association is a :party;
and
h. Certain other information required by the Act.
Within 15 days after receipt of the Condominium Documents and
before closing, Buyer may cancel this Agreement. If Buyer has
received the Condominium Documents more than 15 days before this
Agreement is signed, Buyer shall have no right to cani&el this
Agreement. If Seller fails to give Buyer the Condominium documents
bdfore closing, Buyer may recover from Seller up to five' percent
o€ the sales price of the Unit. Buyer may waive -all rights to
receive the Condominium Documents if closing takes place within
15` days after the date of this Agreement. If Buyer does not return
to Seller a signed receipt for the Condominium Documents and any
material changes thereto at the time of receiving the same, this
Agreement shall be voidable at the option of the Seller, and,
if so voided, all Earnest Money shall be promptly refunded to
Buyer without interest.
5. TITLE REQUIREMENTS. Seller shall furnish to Buyer within
a reasonable time prior to closing either an abstract of title,
a registered property abstract or, in place of all other evidence
Of title, a commitment for an owner's poli-dy of title insurance
committing to insure Buyer as the owner of the Unit at closing.
Title to the Unit shall be subject only to (a) the Act and those
of the Condominium Documents that are customarily recorded or
registered; (b) the lien of real estate taxes (including
installments of special assessments and interest thereon payable
therewith, if any) payable in tis year of closing and thereafter;
(c) any mortgage against the Unit given by Buyer; and (d) the
permitted encumbrances described in the attached Addendum, if
any. Buyer shall have .10 days after the receipt of said abstract
Or commitment to examine title and to make written objections
thereto. Any objections not so made shall be deemed to be waived.
If any objections are so made, Seller shall be allowed 120 days
after the date of written objection to title in which to make
title marketable. All payments required hereunder shall be
Postponed pending correction of title. If title is not made
marketable within such time period, this Agreement shall be null
and void at the option of either party, and, if so voided, neither
party shall be liable for damages to the other and the Earnest
Money shall be refunded to Buyer without interest. Should title
be found marketable or made so within the 120 days following
written objection thereto, and should Buyer default in its
performance for a period of 10 days following written notice by
Seller, Seller may elect to specifically enforce this Agreement,
terminate this Agreement and retain the Earnest Money as liquidated
damages, or resort to any other remedies permitted by law.
6. POSSESSION AND CLOSING. Closing, shall be held at a
mutually convenient time and place within 45 days after completion
of the Unit. At the closing Buyer shall pay Seller the balance
of the purchase price and shall deposit -with the Association an
amount equal to two months estimated annual assessments against
the Unit; Seller shall deliver to Buyer appropriate title
documents; all special assessments levied against the Unit as
of the closing and all real estate taxes assessed against the
Unit and payable in the year of closing shall be prorated between
tie .parties to the closing date; if desired by Buyer, Buffer shall
pay the .cost of obtaining an owner's policy of title insurance;
physical possession of the Unit will be surrendered to Buyer;
and;Buyer shall thereafter be liable for its pro rata share of
the accrued expenses of the Project. In the event the Unit is
damaged or substantially destroyed by fire or other casualty before
closing, this Agreement shall be voidable at the option of either
party and, if so voided, the Earnest Money will be promptly
refunded to Buyer without interest.
7. ANNUAL ASSESSMENTS. Commencing as of closing, Buyer shall
be liable for and, when levied, shall pay its pro rata share of
the accrued expenses of the Project by way of either annual or
special assessments. The Association shall have the right to
use the amount deposited at closing by Buyer to pay for the
operation, maintenance, repair and replacement of the Common
Elements of the Project. The Association may elect to credit
such amount against the first installments of annual assessments
coming due, hold such amount in reserve or apply the same to any
accrued expenses of the Project.
8. GENERAL PROVISIONS. The provisions of this Agreement
shall constitute the entire understanding of the parties, shall
survive the delivery of any title documents at the closing, and
shall bind and inure to the benefit of the respective heirs,
administrators, executors,
hereto. This Agreement
Addendum, if any. Buyer
to this Agreement request
revisions do not materially
hereunder.
SELLER:
(Name)
(Title)
Signature
(Date)
successors and assigns of the parties
includes the terms of the attached
shall promptly execute any revisions
ed in writing by Seller so long as such
affect Buyer's rights or obligations
BUYER:
(Name)
Title
Signature
Date ......
-14-
CERTIFICATE
I4-
CERTIFICATE
Robert B. Baker a registered professional
architect for the State of Minnesota does hereby certify that all
stric-rural components and mechanical systems serving more than one
unit of all buildings containing or comprising any units hereby
created are substantially completed consistent with the floor plans
for 6500, 6510, 6520 2nd Street N.E. Condominium, Anoka
County Records.
Dated this 11th day of December 1981,
' STATE OF MINNESOTA) n�-�. L�d�C,�
) SS tee, ��97
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
11th day of December , 1981, by Robert B. Baker
a registered professional architect.
Z/oc 11P 4e4
Notary Pu tic
r
CERTIFICATE
a registered professional
engineer for the State of Minnesota does hereby certify that
units- 1-3, inclusive, of 6500, 6510, 6520 2nd Street N.E.
Condominium No. Anoka County Records, are substantially
completed.
Dated this day of , 1981.
NOTICE OF CONDOMINIUM CONVERSION
TO':
Please take notice that the undersigned intends to convert the
building in which you reside located at
to a plan of con ominium ownership. The
condominium will be restricted to residential use.
You are to vacate the premises you occupy by no later than
,- 19 You may be required to vacate the
premises before such dater nonpayment of rent, waste, or conduct
which disturbs other tenants' peaceful enjoyment of their apartments.
If any of the tenants of the premises you occupy is 62 years of age
or older, has a substantial physical, mental or emotional disability
_ or dysfunction, or is a minor child, you may demand, in a writing
delivered to the undersigned within 30 days after the date of delivery
a mailing of this Notice, that you be permitted to vacate the premises
on , 19
Attached to this Notice is a form of purchase agreement setting
forth the terms of sale for the premises you occupy. You have until
., 19 to accept the terms contained in such
purchase agreement. Un e� r the law, the undersigned cannot offer thir
parfies more favorable terms for the sale of the premises until
, 19
Please contact the undersigned if you wish further information.
DECLARATION FOR CONDOMINIUM NUMBER 9
6500, 6510, 6520 2nd Street N.E. Condominium
I.
This Declaration is made by Gordon J. Aspenson and Betty J.
Aspenson (".Declarants") pursuant to the Minnesota Uniform Condominium
Act, (M.S.A. 515A.1-101 to 515A.4.-117) hereinafter called the "Act".
II.
The definitions contained in the Act sh211 apply to this
Declaration.
The legal description of the property included in the Condo-
minium is described as follows, to -wit:
Lots 10 & 11, Block 4, Lowell Addition to the City of
Fridley, Anoka County, Minnesota
IV.
The designation of residential units and garage units is set
forth in the floor plans. The description or delineation of the
boundaries of units is as follows:
A. The boundaries of the residential units are the walls,
floors, and ceilings, as contemplated in Paragraph 515A.2-102(1)
of the Act.
B. The horizontal boundaries of the garage units are the
upper surfaces of the material from which the parking areas are
constructed, not including any ofsuchmaterial or any paint or
-2 -
other surfacing material thereon, and horizontal plane distant
8 feet above the lower horizontal boundaries. The vertical
boundaries of garage units are any walls and any_.planes rising
vertically from the inner lines of any stripes painted or marked
on the lower horizontal boundaries.
V.
The floor plans for the Condominium are part of this Declaration.
VI.
Exhibit A attached hereto allocates to each unit an undivided
interest in the common elements, a portion of the votes in the
Association, and a percentage of common expenses of the Association.
The allocations are based upon the proportions of area of each unit
to the area of all units.
VII.
The Declarants rese-tye no right to create or subdivide units
other than rights available to unit owners as provided in Article
XIII of this Declaration.
VIII.
The limited common elements shall be those described in Paragraphs
515A.2-102(2) and (4) of the Act and in addition the balconies and
storage areas allocated to particular units on the floor plans.
IX.
The following are restrictions on use, occupancy, and aliena-
tion of units: -
A. Residential units are to be occupied and used only for
residential purposes only by unit owners, their families, tenants,
-3 -
and social guests; provided, however, that the Declarants may
m4intain residential units as business and sales offices, model
apartments, and other development facilities -during its sales, all
as more particularly set forth in Article XIII.
B. Garage units may be used only for the parking and storage
of motor vehicles and bicycles.
C. Units may be rented or leased by unit owners but only for
terms longer than 60 days. Any lease or tenancy shall be subject
to the provisions of this Declaration, the Bylaws, and the Rules
and Regulations of the Association.
D. No use or practice which is a source of nuisance to other
occupants or which injures the reputation of the Condominium or
which interferes with the peaceful possession of the Condominium
by the unit owners, or which unreasonably increases use of the common
elements or unreasonably increases common expenses shall be allowed
in the Condominium, except with the written consent of the Association.
E. No occupant or unit owner shall permit anything which would
violate any law or which would result in cancellation of insurance,
or without the written consent of the Association, would increase
the premiums for insurance on the Condominium, to be done or kept
in any unit or the common elements.
F. There are no restrictions on occupancy or alienation by
reason of age,race, sex or religion. _
G. No pets may be kept in the Condominium except as permitted
by the Rules and Regulations of the Association.
-4-
X. =
The Condominium is not subject to any ordinance, charter
pr'ivision, or regulation -adopted pursuant to Section 515A.1-106
of the Act because:
A. The Condominium is not a conversion condominium, or
B. The Condominium is a conversion condominium but (1) there
.i
is no ordinance or charter provision of the City of Fridley which
applies to conversion condominiums, or (2) a bona fide loan commit-
ment for a consideration has been issued by a lender,"was in effect
on the date the city adopted the ordinance or charter provision,
and remains in effect, or (3) notices of condominium conversion, or
intent to convert, described by Paragraph 515A.4 -110(a) of the Act
containing a termination of tenancy have been given to at least
75% of the tenants and subtenants in possession prior to the date
of adoption of the ordinance or charter provision regulating the
creation of conversion condominiums in the City of Fridley.
XI.
Except as otherwise permitted by the Act or this Declaration,
the common elements shall not be altered or removed, and no improve-
ments shall be constructed thereon except by the Association or upon
the written consent of the Association. No change or alteration
which will adversely affect the structural soundness of any building
shall be made to any unit or the common elements except:by the
Association.
No structural changes or -alterations shall be made to any unit
without the prior written consent of the Association, 'and no proposals
-5 -
or plans for changes or alterations to a unit shall be modified or
amended without the prior written consent of the Association. The
Association's consent shall be requested by a written petition
submitted by the unit owner. Unless the Association gives the unit
owner a notice denying or limiting its consent within 30 days after
delivery of the petition, the consent may be presumed by the unit
owner.
The Association shall require that a unit owner furnish adequate
plans and specifications to describe the nature of the proposed
changes and alterations. The Association shall further require that
a unit owner furnish adequate assurances that it will indemnify and
hold harmless the Association and other unit owners from mechanics
liens or other claims arising from structural alterations or modifi-
cations of the units or common elements. The Association may require
that a unit owner provide a deposit or other assurance that any
removed or altered common element will be repaired and restored
as required by the Association.
XII.
The boundaries between adjoining units may be relocated in
accord with Section 515A.2-114 of the Act with the following limita-
tions:
A. No unit may be modified by relocation of boundaries to
the extent that it no longer remains practicably usable as a
residence or a garage, as the case may be.
10
B. Each residential unit resulting from relocation of boundaries
ly
shtall be at least 1010 square feet in area and sha-.l have at
lease: one living room, one kitchen, one bedroom., one bathroom,
8 exterior windows, and direct, exclusive access to a common
element corridor adjacent .to the unit.
XIII.
A unit.owner may subdivide its residential unit into two or
more residential -units, as provided in Section 515A.2-115 of the Act,
provided, however, that each resulting unit be at least 1010 square
feet in area and shall have at least: one living room, one kitchen,
one bedroom, one bathroom, 8 exterior windows, and direct,
exclusive access to a common element corridor adjacent to the unit.
XIV.
The Declarants, as provided in Section 515A.2-117 of the Act
reserve the right to maintain unit no. 1 as a model and may maintain
a sales office in the common elements located on the first floor
of the building until it has completed its sales program for the
Condominium. Unit no. 1 may be used by the Declarants as a manage-
ment office until the end of the period of Declarant control. The
Declarants may maintain reasonable signs on the common elements
advertising its development and sales of the Condominium during the
period of Declarant control. Upon termination of any of the rights
9
stated in this Article XIV, the Declarants may remove their property
from the Condominium.
-7-
Xv. =
The Declarants retain an easement as provided in S&Ption
3:
515A.2-118 of the Act through the common elements as may be reason-
ably' -necessary for the purpose of discharging a declarant's obligation
or exercising special declarant rights.
XVI.
This Declaration may be amended in accord with Section 515A-.2-119
of the Act.
XVII. L -
The Condominium may be terminated in accord with Section 515A.2-
120 of the Act except that the Condominium may not be terminated
without the consent of at least .50% of the first mortgagees of record
other than the Declarants or Affiliates of the Declarants, each first
mortgagee having one vote for each first mortgage held.
XVIII.
The Association shall have all of the powers set forth in
Section 515A.3-102 of the Act except as limited by this Declaration
or the Bylaws.
XIX.
The Declarants reserve control of the Association for three
years from the date of the first conveyance of a unit to a unit
owner other than the Declarants, subject to the restrictions provided
in Section 515A.3-103 of the Act.
XX. -
Upkeep of the Condominium shall be provided as set forth in
Section 515A.3-107 of the Act.
we
XXI.
The Association shall maintain the insurance required by
Section 515A.3-112 of the Act. The comprehensive geneal liability
insurance shall be the amount and type that will preclude unit owner
9
tort liability arising out of ownership of the common elements as
contemplated in paragraph 515A.3 -111(b) of the Act.
XXII.
Any surplus funds described in Section 515A.3-113 of the Act
may be applied as therein provided or may at the election of the
Association be allocated for capital expenditures.
XXIII.
Assessments for common expenses.shall be governed by Section
515A.3-114 of the Act, except that the Association shall assess
any common expense arising from a major rehabilitation or repair
project benefiting fewer than all of the buildings in the Condominium
to the units in those buildings benefited. Such a common expense
shall be allocated among the units in the buildings benefited in
proportion to their common expense liability.
The Association shall adopt and levy annual common expense
assessments, but such assessments shall not exceed those for the
prior year by more than 10% except by a vote or ratification of a
meeting of the members of the Association. The Association may adopt
and levy special assessments but only upon the vote or ratification
of a meeting of the members of the Association. During the period
of•Declarant control, the Declarants, as members of the Association,
may not vote on these questions.
ME
The Association may provide that assessments be payable monthly
or at other intervals. If default is made in the payment of the
installments, the Association may declare the entire annual or
special assessment to be accelerated and to be immediately due and
payable.
XXIV.
Fees, charges, late charges, and interest charges provided for
in Paragraphs 515A.3-102(8)(9) and (11) of the Act shall be deemed
to be assessments and will constitute a lien and are enforceable in
accordance with Section 515A.3-115 of the Act.
FHLMC Provisions. The following provisions shall take precedence
over all other provisions of this Declaration, and in the event of
any inconsistency or contradiction, the following provisions shall
control:
A. A first mortgagee of a unit or its assigns, upon request,
will be entitled to written notification from the Association of
any default in the performance by the unit owner of any obligation
under this Declaration or bylaws which is not cured within sixty (60)
days.
B. No right of first refusal contained in this Declaration
or the Bylaws of the Association shall impair the rights of a first
mortgagee to:
1. foreclose or take title to a unit pursuant to the
remedies provided in the mortgage; or
-10-
2. accept a deed or assignment in lieu of foreclosure
in4the.event of default by a mortgagor; or
3. sell or lease a unit acquired by the mortgagee.
C.. Any first mortgagee who obtains title to a unit pursuant
to the remedies provided in the mortgage or foreclosure of the
mortgage will not be liable for such unit's unpaid dues or charges
which accrue prior to the acquisition of title to such unit by the
mortgagee..
D. Unless at least sixty-six and two-thirds percent (66-2/3%),
or such higher percentage as is required by law, of the first
mortgagees (based upon one vote for each mortgage owned) or owners
(other than the sponsor, developer, or builder) of the individual
condominium units have given their prior written approval, the
condominium homeowners association shall not be entitled to:
(1) by act or omission, seek to abandon or terminate
the condominium project;
(2) change the pro rata interest or obligations of any
individual condominium units for the purpose of:
(i) levying assessments or charges or allocating
distributions of hazard insurance proceeds or
condemnation awards, or
(ii) determining the pro rata share of ownership
of each condominium unit in the common element.
(3) partition or subdivide any condominium unit;
(4) by act or omission, seek to abandon, partition,
subdivide, encumber, sell or transfer the common
elements. (The granting of easements for public
utilities or for other public purposes consistent
with the intended use of the common elements by
the condominium shall not be deemed a transfer
within the meaning of this clause);
-11-
(5) use hazard insurance proceeds for losses touany
condominium property (whether to units or to common
elements) for other than repair, replacement or
reconstruction of such condominiuTn,property.
E. Condominium dues or charges (common element expenses) shall
include an adequate reserve fund for maintenance, repairs and replace-
ments of those.common elements that must be replaced on a periodic
basis and shall be payable in regular installments rather than by
special assessments.
F. Any agreement for professional management of the condominium
project orany other contract providing for services of the developer,
sponsor or builder may not exceed two (2) years. Any such agreement
must provide for termination by either party without cause and
without payment of a termination fee on ninety (90) days or less
written notice.
G. All taxes, assessments and charges which may become liens
prior to the first mortgage under local law, shall relate only to
the individual condominium unit and not to the condominium project
as a whole.
H. No provision of the condominium constituent documents
gives a condominium unit owner or any other party priority over
any rights of the first mortgagee of the condominium unit pursuant
to its mortgage in the case of distribution to such unit owner of
insurance proceeds or condemnation awards for losses or the taking
of condominium apartments and/or common elements.
-12-
I. Notwithstanding any provision of this Declaration to the
contrRry, in the event that financing shall be applied for by any
ofthe parties to this Declaration, their heirs, successors, or
asigns, which application shall be conditioned upon compliance
with standards then in effect as imposed by Federal National Mortgage
Association, Federal Home Loan Mortgage Corporation or Government
National Mortgage Association, then the guidelines and standards as
established by such agencies shall control and the provisions of
this Declaration where inconsistent shall be subordinate thereto.
Neither this article nor any of the provisions of this Declaration
governing amendment of this Declaration shall be amended without the
written consent of all first mortgagees of units.
An addition or amendment to the documents shall not be considered
material if it is for the purpose of correcting technical errors or
for verification only. An eligible mortgage holder who receives a
written request to approve additions or amendments who does not
deliver or post to the requesting party a negative response within
30 days shall be deemed to have approved such request.
IN TESTIMONY WHEREOF, this Declaration has been executed as of
the day of December, 1981.
Gordon J. Aspenson
Betty J. Aspenson
-13 -
STATE OF MINNESOTA)
)SS
COUNT' OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of December, 1981, by Gordon J. Aspenson and Betty J. Aspenson,
Declarants.
Notary Public
This instrument was drafted by:
Vincent S. Dahle
Attorney at Law
2124 Silver Lake Road
New Brighton, MN 55112
633-5584
,A
-14-
CERTIFICATE
Y4-
CERTIFICATE
Robert B. Baker a registered profedsional
architect for the State of Minnesota does hereby_ certify that all
structural components and mechanical systems serving more than one
unit of all buildings containing or comprising any units hereby
created ar.e substantially completed consistent with the floor plans
for 6500, 6510, 6520 2nd Street N.E. Condominium, Anoka
County Records.
Dated this 11th day of- December 1981.
STATE OF MINNESOTA)
)SS
COUNTY OF RAMSEY )
.,'7e6, 06'j97
The foregoing instrument was acknowledged before me this
11th day of December 1981, by Robert B. Baker
a registered professional architect.
Notary Public
CERTIFICATE
a registered professional
engineer for the State of Minnesota does hereby certify that
units 1-3, inclusive, of 6500, 6510, 6520 2nd Street N.E.
Condominium No. , Anoka County Records, are substantially
completed.
Dated this day of
1981.
1:X111 It 1'1' 6
CI)II,lt)III i I I IIIII NnIIIIII -I
6500, 6510, 6520 2nd Street N.E. Condominium
OF IIN L TS
(knits I'1iis I'ercooita,le of
Cnunnoll K l e - me n t s)
IIN 1'T NUMBER
AI'PM )X I MATE
Alfl- A
1010 square•feet
1010 square
feet
1105 square
feet
I'I:RCI:N'I'A(,I: O
AI.I. IINITS
32.3 'd
32.3 d
35.4
EXHIBIT C TO
DECLARATION OF
CONDOMINIUM NUMBER 9
6500, 6510, 6520 2nd Street N.E. Condominium Assodiation, Inc.
BYLAWS adopted by:
6500, 6510, 6520 2n
(the "Association")
BYLAWS
d Street N.E. Condominium Association, Inc.
as of the date hereof.
1. GENERAL PURPOSES AND POWERS.
1.01 PURPOSES. The Association has been organized pursuant to
Section 515A-..3-101 of the Act to operate and manage Condominium
No. 9 ,
6500, 6510, 6520 2nd Street N.E. Condominium
(the "Project"), which has been created pursuant to the Act.
1.02 POWERS. The Association shall have all of the powers of
nonprofit corporations under the laws of the State of Minnesota
necessary or desirable to effectuate its purposes, including those
set forth in the Act.
1.03 DEFINITIONS. The definitions of the terms referred to in
these Bylaws, if not defined herein, are set forth in the plan
of condominium ownership (the "Declaration") to which these Bylaws
are attached.
2.. MEMBERSHIPS.
2.01 MEMBERSHIP. Membership in the Association shall be one
of the appurtenances of ownership of a Unit in the Project. The
Owner of a Unit shall automatically be the holder of a membership
and shall be entitled to the benefits and be subject to the burdens
relating thereto. If more than one person or entity is the Owner
of a Unit, the membership appurtenant to that Unit shall be shared
by all such persons or entities in the same proportionate interest
and by the same type of ownership as the Unit is held. No person
other than an Owner of a Unit may hold a membership in the
Association.
2.02. VOTING RIGHTS FOR MEMBERSHIPS. The voting rights of each
Owner shall correspond to such Owner's percentage of undivided
interest in the Common Elements of the Project as set forth in
the Declaration. No Owner shall be entitled to vote on a matter
to come before the Association either as an Owner or as a member
of the Board of Directors if such Owner is delinquent in the
payment of assessments levied pursuant to the Declaration. No
voting rights shall inure to any Unit if the same is owned by
the Association. Cumulative voting shall not.be permitted.
&2.03 REGISTRATION OF OWNERS AND OCCUPANTS. Each Owner shall
register with the Secretary of the Association in writinf (a)
the name and address of such Owner or any lessee of the Unit,
(b) thte nature of such Owner's interest or estate in the Unit;
(c) tlio address at which such Owner desires to receive notice,
if ent-itled to such notice, of any duly called meeting of the
Owners; (d) the name and address of any Mortgagee; and (e) the
name of the Owner, if there is more than one Owner of a Unit,
who shall'be authorized to cast the vote with respect to such
Unit. I f. there is more than one Owner of a Unit, each must execute
the registration as provided in this Paragraph. If the Owners
of a Unit fail to register as provided herein, the Board of
Directors or a committee appointed by it shall determine who may
cast the vote attributable to the Unit.
2.04 RESTRICTION ON TRANSFER. The interests, rights and
obligations of an Owner may not be assigned, pledged, encumbered
or transferred in any manner, except as an appurtenance to such
Owner's Unit.
2.05 FIRST MEETING OF MEMBERS. The first meeting of the Owners
shall be held at the call of the President of the Association
no later than 30 days after the termination of the Declarant's
period of control as described in Paragraph 7.03 of the
Declaration.
2.06 AN14UAL MEETINGS. An annual meeting of the Owners shall
be held on the first Tuesday in March of each year, if not a legal
holiday, and if a legal holiday, then on the next secular day
following, at such time and place as is specified by the President
or Secretary in the Aotice of such meeting. At the annual meeting,
the Owners shall elect a Board of Directors to serve until the
next annual meeting and shall transact any other business
authorized to be transacted by the Owners.
2.07 SPECIAL MEETINGS. Special meetings of the Owners may
be called at any time by the President or by the Board of Directors
and shall be called by the President in any event upon receipt
of a written request for a special meeting signed by those Owners
entitled to vote holding 20% or more of the total authorized vote
of the Project.
2.08 NOTICES. Notice of all meetings of the Owners, stating
the time, place and complete agenda thereof, shall be given-by
the President or Secretary unless waived
shall be in writing, shall be sent to each nMortgagee andcOwnerice
of record at the address of the Unit and to any other addresses
which may be designated by such Mortgagee or Owner, and shall
be hand delivered or sent by United States mail not less than
21 days in advance of any annual or regularly scheduled meeting
&and at least seven days in advance of any other meeting. Rroof
of such mailing 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.
2.09 ATTENDANCE OF MORTGAGEES AT MEETINGS. Any Mortgagee may
attend and participate in any general or special meeting but shall
have no vote unless granted by Oritten proxy.
2.10 QUORUM. A.quorum at meetings of the Owners shall consist
of those Owners entitled to vote holding at least 50% of the Total
Vote of the Project present in person or by proxy.
2.11 MANNER OF CASTING VOTES. Votes may be cast in person
or by proxy. Proxies -must -be filed with the Secretary before
the appointed time of the meeting and shall be valid until revoked
in writing.
2.12 ACTION BY OWNERS WITHOUT MEETING. Any action.required
by law to be taken at a meeting of the Owners, or any action which
may be taken at a meeting of the Owners, may be taken without
a meeting by a written instrument setting forth the action so
taken and signed by all of the Owners of Units in the Project
who Ore entitled to vote.
2.13 MANNER OF ACTING. When a quorum is present at any meeting,
any question brought before the meeting shall be decided by a
simple maj-ority of the Owners entitled to vote present in person
or proxy.
3. BOARD OF DIRECTORS.
3.01 FIRST BOARD OF DIRECTORS. The first Board of Directors
of the Association shall consist of the persons whose names are
set forth in the Articles of Incorporation. Said first Directors
shall serve until their successors have been duly elected. Said
first Directors shall hold an organizational meeting no later
than 30 days after the termination of the Declarant's period of
control as described in Paragraph 7.03 of the Declaration.
3.02 NUMBER AND QUALIFICATIONS OF DIRECTORS. The second Board
of Directors and all successive Boards shall consist of three
Owners. The Directors shall receive no compensation for their
services, but may be reimbursed for all of their out-of-pocket
expenses incurred in connection with Association business.
3.03 TERM. The terms of the Directors shall expire at the
annual meeting of the Directors or when their successors have
been elected, whichever occurs later. The terms of the first
Board shall expire at the first annual meeting of the Directors.
LThe terms of the second Board shall expire as follows: the term
Of the first Director shall be for one year, the term of the second
Director shall be for two years, and the term of the Xast Director
shall be, for three years. The determination of which Director
positions fall within the first, second or last category shall
be based on the alphabetical order of the first letter of the
last names of the members of the second Board. The terms of the
members of the third and succeeding Boards shall be three years
each.
3.04 REMOVAL. Any Director may be removed by the affirmative
vote of those Owners entitled to vote holding 75% or more of the
Total Vote of the Project at any meeting of the Board.
3.05 VACANCIES. Any vacancy in a directorship may be filled
at any meeting of the Board, and a Director so= -elected to fill
such vacancy shall serve for the unexpired term of its predecessor
in 6ffice and until its successor has been elected.
3.06 REGULAR MEETINGS. Regular meetings of the Board of
Directors may be held at such time and place as shall be determined
from time to time by the Directors.- Notice of regular meetings
shall be given to each Director, personally or by mail, telephone
or telegraph, at least seven days prior to the day designated
for such meeting unless such notice is waived.
3.07 SPECIAL MEETINGS. Special meetings of the Directors may
be called by the President and shall be called by the Secretary
at the written request of three or more Directors. Not less than
three days' notice of such special meeting shall be given.
personally or by mail, telephone or telegraph. Such notice shall
state the time, place and purpose of such meeting.
3.08 WAIVER OF NOTICE. Any Director may waive notice of a
regular or special meeting, either before or after such meeting.
Such waiver shall be deemed equivalent to the giving of notice.
3.09 QUORUM. A majority of the Board of Directors shall
constitute a quorum for the transaction of business at any meeting
of the Board.
3.10 MANNER OF ACTING. Each Director shall be entitled to
one vote, and the act of a majority of the Directors present at
a meeting at which a quorum is present shall constitute the act
of the Board of Directors.
3.11 BOARD ACTION WITHOUT MEETING. Any action required by
law to be taken at a meeting of the Board of Directors, Or any
action which -"may be taken 'at a meeting of the Board, may be taken
without a meeting by a written instrument setting forth the action
w
'J
&so taken and signed by all the Directors.
3.12 PRESIDING OFFICER. The presiding officer at meetings
of the Board of Directors shall be the President, and, in his
or her absence, the Directors present shall designate one of their
number to
� preside.
3.13 POWERS AND DUTIES OF BOARD OF DIRECTORS. All of the powers
and duties of the Association shall be exercised by the Board
of Directors. In addition to those powers existing under common
law and statutes,.*the Articles of Incorporation, the Declaration,
the.Act, and the rules and regulations adopted from time to time,
the $,oard of Directors shall:
(a) Elect annually the officers of the Association;
(b) Prepare and mail to each Owner before the annual
meeting of the Owners for each year an annual report which is
to include the following documents and information: a proposed
budget for the fiscal year showing anticipated income and operating
expenses, including reasonable reserves; a statement of any capital
expenditures in excess of two percent of the current budget or
$5,000-00, whichever is greater, anticipated by the Association
during the current year or succeeding two fiscal years; a statement
of the status and amount of any reserve or replacement fund and
any portion of the fund designated for any specified project jy
the Board of Directors; a copy of the statement of financial
condition for the Association for the last fiscal year; a statement
of the status of any pending suits or judgments to which the
Association has been or is a party; a statement of the insurance
coverage provided by the Association; and a statement of any unpaid
assessments due and payable to the Association, identifying the
Unit number and the amount of the unpaid assessment;
(c) Determine, establish and collect assessments in
accordance with the Declaration for the purpose of providing for
the Common Expenses and reserves of the Common Elements of the
Project;
(d) Establish adequate reserve funds for the replacement
of the Common Elements �o be funded by monthly payments rather
than by extraordinary assessments, including a working capital
account for the initial months of the Project's operation equal
to at least two months' estimated assessment for each Unit;
.(e) Use all assessments collected in the proper exercise
Of its powers and duties;
(f) Operate, maintain, repair, and replace—tie Common
Elements;
(g) Restore the Common Elements after loss or damage
thereto except as provided for in the Declaration;
g(h) Establish and amend rules and regulations respecting
the use of the Common Elements and the Project as--a--whole;
(i) Enforce by legal means the provisions of these Bylaws,
the Declaration, the Articles. of Incorporation, the Xct, and the
rules and .regulations;
(j) Provide for the insurance coverage required by the
Declaration;
(k) Contract for the provision of any services permitted
by the Act, the Declaration and these Bylaws for terms of not
more than one year, provided that any such contract be terminable
for cause by the Association upon 30 days' written notice without
any obligation .to pay any termination fee;
(1) Employ personnel for terms prescribed by law for
reasonable compensation to perform the services required to be
carried out by the Association and provide for the proper care
and maintenance of the Common Elements; and
(m) Perform such other acts as may be delegated to the
Board of Directors by the Owners, (hese Bylaws, the Declaration
or the Act, and perform such other acts as may be incidental to
or necessary in the performance of the foregoing.
4. OFFICERS.
4.01 DESIGNATION OF OFFICERS. The officers of the Association
shall be President, Secretary, and Treasurer. One person may
hold the offices of President and Treasurer. Each of these
officers shall be a member of the Board of Directors, shall be
elected at the annual meeting of the Board, and shall serve until
his or her successor has been elected. Any officer may be removed,
with or without cause, by a majority vote of the Directors at
any meeting of the Board or by those Owners entitled to vote
holding 50% or more of the Total Vote of the Project $t any meeting
of the Owners. Any vacancy in an office of the Association shall
be filled by the Board of Directors, and an officer elected to
fill a vacancy shall serve for the unexpired term of his
predecessor in office and until his successor has been elected.
Any officer may receive such compensation for his or her services
as the Board of Directors may establish from time to time.
4.02 PRESIDENT. The President shall be the chief executive
officer of the Association. He or she shall have all of the powers
&and duties which are usually vested in the office of the president
of a corporation, including, but not limited to, the duty to
preside at all meetings of the Owners and the Board of Directors
and the obligation to supervise the other officers in the
management of the business and affairs of the Assoe-iation. He
or she shall see that all actions and resolutions of the Board
of Directors are carried into effect. He or she shall be
authorized by. his or her sole signature .to execute all contracts,
obligations, deeds, and other legal instruments of the Association
unless the Board of.Directors designates one or more other officers
to exe cute such documents.
4.03 SECRETARY. The Secretary shall keep the minutes of all
proceedings of the Directors and the Owners. He or she shall
give all notices to the Owners, Directors and other parties
required by the. Act, the Declaration, and these Bylaws. He or
she shall keep the records of the Association, issue certificates
as to the status of the Owner's assessment accounts, perform all
duties incident to.the office of a secretary of a corporation,
and carry out all other responsibilities as may be required by
the Directors or the President.
4.04 TREASURER. The Treasurer shall have custody of all
intangible property of the Association, including funds, securities
and evidences of indebtedness. He or she shall be bonded in such
sum and with such sureties as the Directors may require.He or
she shall keep the books of the Association in accordance with
good accounting practices and principles; shall submit such books
together with all vouchers, receipts, records $nd other papers
to the Directors for their examination and approval as often as
they may require; shall deposit all monies and other valuable
effects in the name of or to the credit of the Association in
such depositories as may be designated from time to time by the
Board of Directors; shall disburse the fund$ of the Association
as ordered by the Board of Directors; and shall perform all other
duties incident to the office of a treasurer of a corporation.
4.05 ADDITIONAL OFFICERS. The Board of Directors may from
time to time elect other officers to manage the affairs of the
Association.
4.06 INDEMNIFICATION. Each Director and Of of the
Association shall be indemnified and held harmless by the
Association ;From all costs and expenses, including reasonable
attorneys' fees, which may be imposed upon or reasonably incurred
by such Director or officer in connection with or arising out
of the defense or settlement of any claims, action, suit or
proceeding brought against him by reason of his being or having
been a Director or officer of the Association, whether or not
he is a Director or officer at the time of incurring such expenses.
&No Director or officer shall be indemnified by the Association
with respect to matters as to which he is finally adjudged in
any such action, suit or proceeding to have been guilty of willful
or fraudulent conduct detrimental to the best interests of the
Association. The foregoing right �f indemnification shall inure
to the benefit of the heirs, executors, administrators, and
personal representatives of such Director or Officer and shall
be in addition to other rights to which such Director or Officer
may be entitled as a matter of law.
5. PROJECT MANAGEMENT.
5.01 FUNDS AND PROPERTIES. -All funds and the titles to all
properties acquired by the Association, and the proceeds thereof,
after deducting the costs incurred by the Association in acquiring
and disposing of the same, shall be held for the benefit of the
Owners for the purposes stated in the Declaration.
5.02 DEPOSITORY. All funds of the Association shall be
deposited in such bank or banks as the Board of Directors may
designate from time to time. All withdrawals from such bank, or
banks shall be authorized by any two officers of the Association.
5.03 BOOKS AND RECORD. The books, accounts and records of
the Association shall be open to inspection by any Owner and any
Mortgagee at all reasonable times.
5.04 REVIEW OF ACCOUNTS. A review of the accounts of the
Association shall be made annually by a certified public accountant
or other qualified person and a copy of his or her report shall
be furnished to each Owner not later than the date of the annual
meeting of the Owners for the year following the year in which
the report is made.
5.05 FIDELITY BONDS. Fidelity bonds may be required by the
Board of Directors or by the Owners from Jach officer, employee
and agent of the Association and from any manager or contractor
handling or responsible for Association funds. The amount of
such bond shall be determined either by the Board of Directors
or the Owners, whichever required such bonds. The premiums on
such bonds shall be paid by the Association.
5.06 FISCAL YEAR. The fiscal year of the Association shall
be the calendar year.
5.07 OFFICE. The location of the principal office of the
Association shall be the location of the Building.
6. GENERAL PROVISIONS.
Y
6.01 RULES AND REGULATIONS. The Board of Directors of the
Association may promulgate such rules and regulations as it deems
reasonable and necessary from time to time to govern the admin-
istration, management, operation and use of the Common Elements.
Copies of all such rules and regulations and any amendments thereto
shall be furnished to the Owners.
6.02 PARLIAMENTARY AUTHORITY. Robert's Rules of Order shall
govern the conduct of Association proceedings when not in conflict
with the Declaration, these Bylaws, or any applicable laws. The
President shall have the authority to appoint a parliamentarian
if he or she deems it necessary to do so.
6.03 COMPLIANCE WITH ACT. Should any of the terms of these
Bylaws conflict with the Act, the Act shall be controlling. Should
any of the terms -of these Bylaws conflict with the Declaration,
the Declaration shall be controlling. If any such term, provisions,
limitation, paragraph or clause of these Bylaws is judicially held
to be invalid, such determination shall not affect the enforceability,
validity, or effect of the remainder of these Bylaws.
6.04 CORPORATE SEAL. The Association shall have no corporate seal.
6.05 AMENDMENTS. These Bylaws may be amended in accordance with
the Act.
These bylaws were adopted by action of its Board of Directors
as of December 16 , 19 81
Attest:
Secretar Presi en
THIS INSTRUMENT DRAFTED BY:
Vincent S. Dahle
Attorney at Law
2124 Silver Lake Road
New Brighton, MN 55112
633-5584