CR 95-096 Rezoning Between Tyler And 169
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. June 1, 1995 o P K \ ~ Council Report CR95-96
REZONING--AREA BETWEEN TYLER AND 169
Proposed Action.
Staff recommends the following motion. Move to approve Resolution 95A3 approving Ordinance
95-768 that will rezone the area between Highway 169 and Tyler Avenue for first reading.
At the Zoning and Planning meeting, Mr. Hutchison moved and Ms. Kinnich seconded a motion
to approved Resolution RZ95-13 recommending approval of Ordinance 95-768 that will rezone
the area generally between Highway 169 and Tyler Avenue from R-2 to R-I-A and R-I-C. The
motion carried unanimously.
Overview.
In an effort to reduce the number of potential multi-family units within the City, the Planning
Commission has previously undertaken a process of amending the Comprehensive Plan to reflect
new goals for the City regarding multi-family sites. One of the goals in the Strategic Plan for
Economic Development specifies for Staff to review the potential multi-family sites and
recommend changes. In conjunction with this process, the Planning Commission has also
reviewed several sites in the City that are either zoned or guided for multi-family to determine if a
change is appropriate.
e One of the areas identified previously by the Staff and the Zoning and Planning Commission to be
changed is the residential area between Tyler and Highway 169. This property is currently zoned
R-2, Low Density Multiple Family. The majority of the uses are single and two-family homes.
The Comprehensive Plan designates this area as Low Density Residential. Staff is proposing
amending the zoning for this property to R-I-A, Single and Two-Family High Density and R-I-C,
Single Family Medium Density. This change will allow the Comprehensive Plan and the Zoning
Ordinance to be in agreement for the future reuse of this property.
Primary Issues to Consider.
0 How is the area currently zoned?
0 What has the Comprehensive Plan designated the subject area?
0 What types of uses are in this area?
0 What notification has the neighborhood received?
0 What has the Planning Commission previously recommended for the site?
0 Why is the Staff recommending a change?
0 What is the impact of this change?
0 What occurred at the Zoning and Planning meeting?
Supnortin2 Documents.
0 Analysis of Issues
0 Resolution 95-43
. 0 Ordinance 95- 768
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Nancy ~ Anderson, AIep
Planner
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. constitutes a transaction which will cause the Relief Ordinance to expire, at the City's option;
and
WHEREAS, representatives of Time Warner Inc. have represented to the Southwest
Suburban Cable Commission that the transfer of control of the cable system will not change
previous representations by representatives of KBL Cablesystems of the Southwest, Inc. d/b/a
Paragon Cable that upon negotiation of an acceptable early renewal they intend to upgrade
the channel capacity:
NOW, THEREFORE, the City of Hopkins resolves as follows:
1. The City of Hopkins acknowledges that it has the right to purchase the
cable system pursuant to Article XI of the cable franchise ordinance for
the City of Hopkins. The City has examined this right and determined
that exercise of the right to purchase, given the nature of the
transaction (which does not change the local grantee and management),
is not warranted. The City will waive this right for this transfer
between Houston Industries Incorporated and Time Warner Inc. The
City does not waive this right for any future transfer or sale.
2. The City, with the assistance of the Southwest Suburban Cable
Commission, has reviewed the legal, technical and fmancial
e qualifications of Time Warner Inc. to control the franchisee which
operates the cable system and has determined that Time Warner Inc.
has the legal, technical and fmanciaJ qualifications to operate the
system.
3. The City, with the assistance of the Southwest Suburban Cable
Commission, has reviewed the effect of the proposed transfer on its
residents. Based upon the assertions of Time Warner Inc. that such a
transfer will not affect the plans to upgrade the channel capacity upon
negotiation of an acceptable early renewal, the City of Hopkins has
determined that the proposed transfer will not negatively impact its
residents.
4. The City approves the transfer of control of KBLCOM, Inc. from
Houston Industries Incorporated to Time Warner Inc. as set forth in the
Stock Purchase Agreement, under the franchise, based upon Time
Warner Inc.'s execution of the Acceptance Agreement which is attached
hereto as Exhibit 1 within thirty (30) days of the adoption of this
Resolution or within thirty (30) days after the closing of the transfer of
control. whichever is later.
5. The City, with the assistance of the Southwest Suburban Cable
. Commission, has reviewed the Relief Ordinance and KBL Cablesystems
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of the Southwest Inc. d/b/a Paragon Cable's Acceptance of Ordinance
Relief Ordinance dated July 17, 1992 and determined that it has the .
option to terminate those documents as a result of this transfer. The
City will extend the tem1S of that Ordinance and Agreement until
December 31. 1995. At that time the City will have the right to
exercise its right to terminate that Ordinance and Agreement and any
action taken at that time will be retroactive to the date that tllis
Resolution is entered.
6. The City grants the authority to the Southwest Suburban Cable
Commission to evaluate the City's legal rights to terminate the relief
agreement and the impact of terrnination of the Relief Ordinance
including its applicability to discussion regarding an early renewal and
a system upgrade to increase cha1ll1el capacity.
7. The City grants the Southwest Suburban Cable Commission the
authority to enter into negotiations with KBL Cablesystems of the
Southwest, Inc. d/b/a Paragon Cable that may lead to an early renewal
of the franchise and an upgrade and/or rebuild of the cable system.
8. KBLCOlvL Inc. and KBL Cable, Inc. must execute a Reaffinnation of
their Consent Agreement and Guaranty of Performance which is
attached hereto as Exhibit 2 within thirty (30) days of the adoption of
this Resolution or within thirty (30) days after the closing of the e
transfer of comrol. whichever is later.
9. KBL Cablesystems of the Southwest Inc. d/b/a Paragon Cable must
execute a Reaffirmation of Acceptance of a Franchise for a Cable
Television System which is attached hereto as Exhibit 3 within thirty
(30) days of the adoption of this Resolution or within thiny (30) days
after the closing of the transfer of control, whichever is later.
10. The Southwest Suburban Cable Commission. the City, KBLCOM. Ioc.
and Time Warner disagree regarding reimbursement of consultant's fees
for the review of the transfer of controL The City accepts the
settlement reached by the Southwest Suburban Cable Commission and
KBLCOM, Inc. in which KBLCOM, Inc. will pay fifty (50) percent of
the cansu lrant' s fees and the Southwest Suburban Cable Commission
\A.'ill pay fifty (50) percent.
BE IT FURTHER RESOLVED. that the City Clerk is directed to send a copy of this
Reso[ution to KBL Cablesystems of the Southwest. Inc. d/b/a Paragon Cable, Time Warner
Inc., KBL Cable, Inc. and KBLCOIvL Inc.
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of the Southwest. Inc. d/b/a Paragon Cable's Acceptance of Ordinance
. Relief Ordinance dated July 17, 1992 and determined that it has the
option to terminate those documents as a result of this transfer. The
City will extend the terms of that Ordinance and Agreement until
December 31, 1995. At that time the City will have the right to
exercise its right to terminate that Ordinance and Agreement and any
action taken at that time will be retroactive to the date that this
Resolution is entered.
6. The City grants the authority to the Southwest Suburban Cable
Commission to evaluate the City's legal rights to terminate the relief
agreement and the impact of termination of the Relief Ordinance
including its applicability to discussion regarding an early renewal and
a system upgrade to increase channel capacity.
7. The City grants the Southwest Suburban Cable Commission the
authority to enter into negotiations with KBL Cablesystems of the
Southwest, Inc. d/b/a Paragon Cable that may lead to an early renewal
of the franchise and an upgrade and/or rebuild of the cable system.
8. KBLCOM, Inc. and KBL Cable, Inc. must execute a ReaffIrmation of
their Consent Agreement and Guaranty of Performance which is
attached hereto as Exhibit 2 within thirty (30) days of the adoption of
e this Resolution or within thirty (30) days after the closing of the
transfer of control, whichever is later.
9. KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable must
execute a ReaffIrmation of Acceptance of a Franchise for a Cable
Television System which is attached hereto as Exhibit 3 within thirty
(30) days of the adoption of this Resolution or within thirty (30) days
after the closing of the transfer of control, whichever is later.
10. The Southwest Suburban Cable Commission, the City, KBLCOM, Inc.
and Time Warner disagree regarding reimbursement of consultant's fees
for the review of the transfer of comrol. The City accepts the
settlement reached by the Southwest Suburban Cable Commission and
KBLCOM, Inc. in which KBLCOM, Inc. will pay fIfty (50) percent of
the consultant's fees and the Southwest Suburban Cable Commission
will pay fIfty (50) percent.
BE IT FURTIIER RESOLVED, that the City Clerk is directed to send a copy of this
Resolution to KBL Cablesystems of the Southwest. Inc. d/b/a Paragon Cable, Time Warner
Inc., KBL Cable, Inc. and KBLeOM, Inc.
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A motion to approve the foregoing Resolution No. 95-46 , was made by
. Council Member and duly seconded by Council Member
The following Council Members voted in the affmnative:
The following Council Members voted in the negative:
Passed and adopted this day of , 1995. -..,
ATTEST:
Title: Title: Mayor
Title: Clerk
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SECTION I - EXECUTIVE SUMMARY ... ..
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5-30-95/410727
Section I - Executive Summary
A. INTRODUCTION .
The Cities of the Southwest Suburban Cable Commission ("SWSCC") receive cable television
service from KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable ("Paragon "), the
franchise holder of cable television franchises in the Cities of Eden Prairie, Edina, Hopkins,
Minnetonka and Richfield (collectively the "Cities"; individually a "City"). Paragon is owned
by KBL Cable, Inc., which is owned by KBLCOM, Incorporated ("KBLCOM"), which is
owned by Houston Industries Incorporated ("HIl"). HII proposes to transfer the stock of
KBLCOM to Time Warner Inc. ("Time Warner"). The franchises will continue to be held by
Paragon.
We submit this Transfer of Ownership Report to the SWSCC and the Cities to assist in the
transfer process. The report includes a complete review of the information provided in the Form
394 and in response to individual information requests. The analysis and recommendations
contained in this report will assist the Cities in deciding whether to waive their right of first
refusal on the sale and whether to approve the proposed transfer of ownership.
B. SUMMARY OF REPORT
Pursuant to the Cable Television Consumer Protection and Competition Act of 1992 (the "1992 .
Cable Act"), the Cities have 120 days to approve or disapprove of the proposed transfer of
control of Paragon. The Cities must evaluate the legal. technical and financial qualifications of
the transferee as well as the impact of the transfer on subscribers and current franchise
obligations. According to Minnesota law and the applicable franchise ordinances, the Cities
have thirty (30) days in which to decide to approve the transfer or to determine that the transfer
may adversely affect subscribers and that a public hearing is necessary. If a City decides to hold
a public hearing, it must do so within thirty (30) days of the decision to hold the hearing.
Within thirty (30) days after the close of the public hearing, the City must decide whether to
approve or disapprove of the proposed transfer. The Cities also have the option of exercising
their respective rights to purchase the system.
To determine the legal, technical, and financial qualifications of the transferee, Time Warner,
we reviewed the following documents: the respective franchise ordinances; Paragon's
compliance with the current franchises: Paragon's franchise renewal process; the status of rate
regulation; and the information provided in the Form 394 and in response to information
requests.
The information gathered regarding the current SWSCC franchises held by Paragon indicates
that Paragon has complied or substantially complied with the franchises. The Cities, however,
have not conducted a complete audit of Paragon's compliance with the respective franchises. .
We recommend that each City require Time Warner to sign an Acceptance Agreement which
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Section I - Executive Summary
. A. INTRODUCTION
The Cities of the Southwest Suburban Cable Commission ("SWSCC") receive cable television
service from KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable ("Paragon "), the
franchise holder of cable television franchises in the Cities of Eden Prairie, Edina, Hopkins,
Minnetonka and Richfield (collectively the "Cities "; individually a "City "). Paragon is owned
by KBL Cable, Inc., which is owned by KBLCOM, Incorporated ("KBLCOM"), which is
owned by Houston Industries Incorporated ("IDI"). Jill proposes to transfer the stock of
KBLCOM to Time Warner Inc. ("Time Warner"). The franchises will continue to be held by
Paragon.
We submit this Transfer of Ownership Report to the SWSCC and the Cities to assist in the
transfer process. The report includes a complete review of the information provided in the Form
394 and in response to individual information requests. The analysis and recommendations
contained in this report will assist the Cities in deciding whether to waive their right of first
refusal on the sale and whether to approve the proposed transfer of ownership.
B. SUlVIMARY OF REPORT
. Pursuant to the Cable Television Consumer Protection and Competition Act of 1992 (the" 1992
Cable Act"), the Cities have 120 days to approve or disapprove of the proposed transfer of
control of Paragon. The Cities must evaluate the legal. technical and financial qualifications of
the transferee as well as the impact of the transfer on subscribers and current franchise
obligations. According to Minnesota law and the applicable franchise ordinances, the Cities
have thirty (30) days in which to decide to approve the transfer or to determine that the transfer
may adversely affect subscribers and that a public hearing is necessary. If a City decides to hold
a public hearing, it must do so within thirty (30) days of the decision to hold the hearing.
Within thirty (30) days after the close of the public hearing, the City must decide whether to
approve or disapprove of the proposed transfer. The Cities also have the option of exercising
their respective rights to purchase the system.
To determine the legal, technical, and financial qualifications of the transferee, Time Warner,
we reviewed the following documents: the respective franchise ordinances; Paragon's
compliance with the current franchises; Paragon's franchise renewal process; the status of rate
regulation; and the information provided in the Form 394 and in response to information
req uests.
The information gathered regarding the current SWSCC franchises held by Paragon indicates
that Paragon has complied or substantially complied with the franchises. The Cities, however,
. have not conducted a complete audit of Paragon r s compliance with the respective franchises.
We recommend that each City require Time Warner to sign an Acceptance Agreement which
5-3U-95/410727 1
Section I - Executive Summary
. states that the City has not waived its right to demand compliance with the current franchise if
non-compliance is uncovered in the future.
During the review of the SWSCC franchise documents, we noted that the Relief Ordinances
adopted by the Cities in 1991 and accepted by Paragon will terminate, at the Cities' option, with
this sale or transfer. Time Warner has indicated that it does not believe that the transfer of
control between Houston Industries Incorporated and itself triggers the automatic termination
provision in the Relief Ordinance. We believe, however, that this transaction does trigger the
termination provision.
Because there are important issues which must be discussed before deciding whether to terminate
the Relief Ordinances, we recommend that the Cities extend the duration of the Relief
Ordinances until December 31, 1995. At that time, the Cities will determine whether to: (1)
terminate those documents and return to the original terms of the franchise ordinance and
proposal; (2) enter into different relief extension agreements; or (3) allow the Relief Ordinances
to continue.
We have examined the legal, technical and financial qualifications of Time Warner. The
information provided indicates that Time Warner has the legal qualifications to operate the cable
system. We also believe that Time Warner has the technical qualifications to operate the
system. The financial information provided indicates that Time Warner has the financial
. qualifications to operate the system.
The Cities have indicated that they do not want to exercise the right of first refusal and purchase
the respective cable systems. We recommend that the Cities waive this right regarding this
transaction, but expressly reserve the right to exercise this right of first refusal in the event of
future transfers.
We further recommend that the Cities require Time Warner to sign an Acceptance Agreement
which includes a guaranty of the performance of KBL Cablesystems of the Southwest, Inc. d/b/a
Paragon Cable.
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5-30-951410717 2
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SECTION V - CONCLUSIONS
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SECTION Vi .~...CONCLUSIONS.. ..
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3-30-95/41On7
Section V - Conclusions
. A. RECOMl\1ENDATIONS
1. CURRENT FRANCHISE
We have reviewed the franchise. Paragon appears to be in compliance with the current
franchise. We recommend, however, that the Cities prepare a transfer resolution and acceptance
agreement which state that the Cities do not waive their rights with regard to any non-
compliance issues which may exist.
2. RELIEF ORDINANCES
We reviewed the Relief Ordinances which Paragon and the SWSCC Cities entered in 1991. The
SWSCC Cities have the right to terminate these Agreements and Ordinances at the transfer or
sale of the system. We believe that this transaction triggers the termination clause in the relief
documents. Time Warner has indicated, however, that they do not believe that this transaction
constitutes a sale or transfer of the system.
There are many factors which the Cities must consider before deciding whether to terminate
these Agreements and Ordinances. We recommend that the Cities extend the time in which to
. exercise their right to terminate the Relief Ordinances until December 31, 1995.
On December 31, 1995, the Cities would possess the right to terminate the Ordinances and
Agreements. This recommendation will give the Cities adequate time in which to consider their
options and consult with Paragon's staff. If the Cities decide to execute the termination
provisions of the Relief Ordinances, the Cities can then discuss the application of those
provisions with Paragon.
3. LEGAL QUALIFICATIONS
We have reviewed the legal information which Time Warner provided and which we obtained
through other sources. Although Time Warner identified five (5) separate lawsuits regarding
franchise matters, we believe that those lawsuits were isolated incidents and do not indicate a
troubling pattern of behavior on the part of Time Warner. Based upon the information provided,
we believe that Time Warner has the legal qualifications ta operate the cable system far the
Cities in the SWSCc.
4. TECHNICAL QUALIFICATIONS
Time Warner has outlined its qualifications in the Form 394. They have also indicated that they
intend to retain current Paragon staff. Based upon the information provided by Time Warner in
the Form 394 and the information which we obtained through other sources, we believe that
Time Warner has the technical experience and ability to operate the cable system for the Cities
. of the SWSCc.
5.30-95/41 a727 21
Section V - Conclusions
5. FINANCIAL QUALIFICATIONS .
We have completed our review of the information provided in the Form 394 and information
which we have obtained through other sources regarding the financial ability of Time Warner to
operate the system. The information which we have reviewed to date indicates that Time
Warner possesses the financial qualifications to operate the system. Also, financial projections
of the Minnesota systems indicate that they as a whole should be able to meet their current
financial obligations and have additional dollars available for capital improvements.
However, we do not have any specific financial information regarding Paragon, or any other
Time Warner entities besides Time Warner itself and all Minnesota systems as a whole.
Time Warner has indicated that it would like KBLCOM to sign the performance guaranty for the
system as it directly owns the company which holds the franchise. However, we do not have
any information relative to whether KBLCOM has the financial qualifications to make a
performance guarantee by it meaningful. Also, with Time Warner indicating that it is
considering placing its cable business in a separate self-financed operating unit, there is no
assurance that KBLCOM will continue to exist in its current form.
Given the uncertainties involved in the projections, and in how Time Warner will in the future
structure its cable operations, a guarantee by Time Warner itself of the performance of KBL
Cablesystems of the Southwest, Inc. d/b/a Paragon Cable and reaffirmations of previous .
guarantees and acceptance agreements by KBLCOM, Inc., KBL Cable, Inc. and KBL
Cablesystems of the Southwest, Inc. d/b/a Paragon Cable, would give SWSCC the most
protection and assurance that sufficient financial qualifications exist to operate the Paragon
system.
B. APPROV AL AND ACCEPTANCE
Attached as Appendix A is a draft Resolution, a draft Acceptance Agreement for Time Warner,
and draft reaffirmations by KBLCOM, Inc., KBL Cable, Inc. and KBL Cablesystems of the
Southwest, Inc. d/b/a Paragon Cable. These documents are necessary to fully protect the Cities
and reserve all rights under the current franchise ordinances.
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5-3(]..Q5i410727 22
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Section V . Conclusions
. 5. FINANCIAL QUALIFICATIONS
We have completed our review of the information provided in the Form 394 and information
which we have obtained through other sources regarding the financial ability of Time Warner to
operate the system. The information which we have reviewed to date indicates that Time
Warner possesses the financial qualifications to operate the system. Also, fmancial projections
of the Minnesota systems indicate that they as a whole should be able to meet their current
financial obligations and have additional dollars available for capital improvements.
However, we do not have any specific financial information regarding Paragon, or any other
Time Warner entities besides Time Warner itself and all Minnesota systems as a whole.
Time Warner has indicated that it would like KBLCOM to sign the performance guaranty for the
system as it directly owns the company which holds the franchise. However, we do not have
any information relative to whether KBLCOM has the financial qualifications to make a
performance guarantee by it meaningful. Also, with Time Warner indicating that it is
considering placing its cable business in a separate self-financed operating unit, there is no
assurance that KBLCOM will continue to exist in its current form.
Given the uncertainties involved in the projections, and in how Time Warner will in the future
structure its cable operations, a guarantee by Time Warner itself of the performance of KBL
. Cablesystems of the Southwest, Inc. d/b/a Paragon Cable and reaffirmations of previous
guarantees and acceptance agreements by KBLCOM, Inc., KBL Cable, Inc. and KBL
Cablesystems of the Southwest, Inc. dlbla Paragon Cable, would give SWSCC the most
protection and assurance that sufficient financial qualifications exist to operate the Paragon
system.
B. APPROVAL AND ACCEVfANCE
Attached as Appendix A is a draft Resolution, a draft Acceptance Agreement for Time Warner,
and draft reaffirmations by KBLCOM, Inc., KBL Cable, Inc. and KBL Cablesystems of the
Southwest, Inc. dlbla Paragon Cable. These documents are necessary to fully protect the Cities
and reserve all rights under the current franchise ordinances.
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5-3G-95/41 0727 22
CR 95-96
Page 2
. Primary Issues to Consider.
0 How is the area currently zoned?
The zoning of the area is R-2, Low Density Multiple Family. This zoning would allow two-family
dwellings, two to four family dwellings, and townhomes. Approximately 435 units could be added
with the existing zoning.
0 What has the Comprehensive Plan designated the subject site?
The Comprehensive Plan has designated the site as Low Density Residential, which basically
corresponds to the existing land uses in the area.
0 What types of uses are in this area?
This area consists of single and two-family homes.
0 What notification has the neighborhood received?
The parcels to be rezoned and all parcels within 350 feet of the parcels to be rezoned were notified
of the proposed rezoning and of the public hearing at the May 30, 1995, Zoning and Planning
meeting. A public hearing notice was also published in the paper.
e 0 What has the Planning Commission previously recommended for the site?
In a previous discussion of the area, the Planning Commission recommended that the areas be
rezoned to R-I-A and R-I-C.
0 Why is the Staff recommending a change?
The Staff is recommending a rezoning to R-I-A and R-I-C. The Staff is recommending
amending the Zoning Ordinance in order to maintain the single and two-family homes in the area.
The Comprehensive Plan has designated this area as low density residential. The Strategic Plan
has also recommended that various multi-family sites be reviewed within the City and that
amendments be made to the Comprehensive Plan and Zoning Ordinance to preserve the
single-family homes within Hopkins.
0 What is the impact of this change?
The areas that will be zoned R-I-C are all single family homes, and now they will become
conforming uses in this area. The area that will be rezoned to R-l- A is single family and two-
family homes and will also become conforming uses.
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CR 95-96
Page 3
. 0 What occurred at the Zoning and Planning meeting?
Staff reviewed the proposed rezoning with the Commission. Vince Schreier, 321 Madison and
Steve Shaw, 301 Monroe appeared before the Commission. Mr. Schreier wanted to know why
the north 175 feet of the ABM property was not included in this rezoning. Mr. Shaw wanted the
ABM property included in this rezoning at tonight's meeting. Staff eXplained that there are notices
that have to be published and sent to the abutting property owners in order for a rezoning to be
heard at a meeting. The required notices have not been done for the ABM property. Staff stated
that the north 175 feet of ABM is scheduled to be on the agenda for the June meeting. Staff will
be proposing that this property also be rezoned to R-1-C. Staff stated that this property was not
included in the present rezoning because it also involves a change to the Comprehensive Plan. No
one spoke against the proposed rezoning at the meeting.
Alternatives
1. Approve the zoning amendment. By approving the zoning amendment, the area generally
between Tyler and Highway 169 will be rezoned to R-1-C and R-1-A.
2. Deny the zoning amendment. By denying the zoning amendment, the area generally between
Highway 169 and Tyler will be rezoned. If the City Council considers this option, findings of
fact will have to be stated that support the alternative.
. 3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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CITY OF HOPKINS
e Hennepin County, Minnesota
RESOLUTION NO: 95-43
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A REZONING FROMR-2 TO R-I-AAND R-I-C
WHEREAS, an application for a rezoning, ZN95-7, has been made by the City of Hopkins; and
WHEREAS, the procedural history of the application is as follows.
1. That an application for Ordinance Amendment ZN95-7 was made by the City of Hopkins
on April 28, 1995.
2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
public hearing on the application and reviewed such application on May 30, 1995; all
persons present were given an opportunity to be heard.
3. That the written comments and analysis of the City Staffwere considered.
e NOW THEREFORE, BE IT RESOLVED that the application for Ordinance Amendment
ZN95-7 is hereby approved based on the following Findings of Fact.
1. That a goal in the City of Hopkins Strategic Plan for Economic Development is to review
the multi-family zoned and guided property.
2. That the City has undertaken a detailed analysis of multi-family zoned and/or
guided sites in Hopkins, including the subject site.
3. That the proposed amendment to the Zoning Ordinance is consistent with the
goals/policies in the Comprehensive Plan including:
0 The City will work to provide an overall mixture of residential land use in the City.
0 The City will work to correct the disproportional amount of multiple family land
uses within the City.
0 The City will work to provide a balance ofland uses within the City.
0 The City will seek to provide housing opportunities for people in ail segments of
the life cycle.
4. That the proposed amendment to the Zoning Ordinance is consistent with the
future land use designation in the Comprehensive Plan for the property in question.
Adopted this 6th day of June, 1995.
. Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
e CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 95-768
AN ORDINANCE REZONING THE AREA BETWEEN
TYLER AND HIGHWAY 169
BE IT ORDAINED by the City Council of the City of Hopkins as follows.
That the present zoning classification of R-2, Low Density Multiple Family, upon the
following described premises is hereby repealed, and in lieu thereof the said premises is hereby
zoned as R-l.C, Single Family Medium Density.
Lots 1-11 Block 1 Campbell Third Addition
Lots 1-3 Block 2 Campbell Third Addition
Lots 1-7 Block 3 Campbell Third Addition
Lots 1-5 Block 4 Campbell Third Addition
Outlot No. 1 Campbell Third Addition, beginning at a point on south line of north
1/2 of northwest 1/4 distance 1214.03 feet west from southeast comer thereof
thence north at right angles 200 feet thence west at right angles to east line of
Great Northern Railroad right-of-way thence southwesterly along said
e right-of-way line to south line of north 1/2 of northwesterly 1/4 thence east to
beginning excluding road
18-24 Block 1 Stevens Oakwood Park
Lots 1-9 Block 1 Stevens Oakwood Park
That the present zoning classification of R-2, Low Density Multiple Family, upon the following
described premises is hereby repealed, and in lieu thereof the said premises is hereby zoned as
R-I-A, Single Family High Density.
The south 72 feet of west ] 33 feet Lot 17 Block 1 Stevens Oakwood Park
The south 36 feet of west 133 feet oftot ]6 and the north 36 feet of west 133 feet
of Lot 17 Block] Stevens Oakwood Park
The north 72 feet of west 133 feet Lot ]6 Block 1 Stevens Oakwood Park
Lots] -3 Turngren's Addition
Lots] -6 Monroe Place Addition
Outlot 1 including adjacent vacated street Turngren's Addition
Lots 1-6 Block] Meath's Addition
Lots ].5 Block 1 Lenher Terrace
Lots 1-4 Block 2 Meath's Addition
Lots 9 & 10 Block ] Meath's Addition
Lots] -7 Block 2 Stevens Oakwood Park
. Lots 16-24 Block 2 Stevens Oakwood Park
-.. - - -- - -- -- --
That the presently existing Hopkins Zoning Map adopted as part of Hopkins Zoning
. Ordinance is hereby amended and changed in accordance with the above provision.
First Reading: June 6, 1995
Second Reading: June 20, 1995
Date of Publication: June 28, 1995
Date Ordinance Takes Effect: July 18, 1995
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
,
.'
City Attorney Signature Date
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