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05-06-1986 Resolutiions . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 86-18 A RESOLUTION ESTABLISHING A MORATORIUM ON SUBDIVISIONS WITHIN A DESIGNATED AREA NOW THEREFORE, BE IT RESOLVED by the Council of the City of Hopkins, Minnesota, Effective immediately, a moratorium shall be placed upon the approval of all subdivisions within that part of the R-I-D District covered by the Bellgrove Plat. This moratorium shall be for the purposes of zoning review, and shall expire upon the enactment or denial of a zoning amendment concerning this matter, or one year from adoption of this resolution, whichever shall come first. This moratorium shall not affect subdivisions in other parts of the R-1-D District or other zoning districts or those subdivisions pending before the Zoning and Planning Commission or City Council at this time. Whereas, the City of Hopkins has approved Ordinance No. 427 approving a zoning ordinance, Whereas, it has been determined that it may be necessary for the health, safety, and welfare of the residents of the City of Hopkins to amend this ordinance, Whereas, Chapter 462.355 Subd. 4 allows a City to adopt an interim ordinance when undertaking a study to revise the zoning ordinance, Whereas, no future applications for subdivisions in Bellgrove be accepted until adoption of an interim ordinance. Passed and adopted by the Council of the City of Hopkins-; ~j-'mesota ~_._--_. at a regular meeting held the day of 1986. __ _ - - - - - - --- - ---- - - - - -- - .... - - - --- J. SCOTT RENNE City Clerk ELLEN LAVIN Mayor JERRE MILLER City Attorney . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 86-19 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR SUBDIVISION APPROVAL SUBD86-2 WHEREAS, an application for Prellminary Plat approval entitled SUBD86-2 has been made by Marvel Eggum for 0 & E Ventures for subdivision of the property at #1 Loring Road. WHEREAS, the procedural history of the application is as follows: 1. That an application for Preliminary Plat approval was filed with the City of Hopkins on April 3, 1986. 2. That the Hopkins Planning Commission reviewed such application on Apri 1 29, 1986. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on April 29, 1986; all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council makes the following Findings of Fact in respect to SUBD86-2: 1. That the subdivision does conform to the Platting Requirements of the City of Hopkins. Adopted this 6th day of May, 1986. - >~ \ f -- - - - - -- - - - -- - - - - - - - - - - - - - - - .. - - - - - - - - - - -- - - ---- -~-._-- Ellen Lavin, Mayor - -- ). . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 86-20 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP85-22 WHEREAS, an application for a Conditional Use Permit entitled CUP85-22 has been made by Rudy Luthers Hopkins Honda, 459 Mainstreet, to place a sign at less than the minimum front yard setback. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP85-22 was filed with the City of Hopkins on May 11, 1985. 2. That the Hopkins Planning Commission reviewed such application on April 30, 1985 and on April 29, 1986. 3. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on April 30, 1985 and April 29, 1986; all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council makes the following Findings of Fact in respect to CUP85-22: 1. That the Design Committee found the setback acceptable. 2. That all other businesses along Mainstreet have a one foot setback. - ,- Adopted this 6th day of May, 1986. .,' -#1~4---- _: --- - Ellen Lavin, Mayor - ~ ---.... - . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-21 RESOLUTION MAKING A FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT WHEREAS, in 1982 the State of Minnesota approved the Environmental Review Program wh~ch requires the local governments review proposed projects which meet certain threshhold requirements to undertake an enviromental review. WHEREAS, the City has received a project entitled Oakwood H~lls, wh~ch requires complet~on of an Environmental Assessment Worksheet. WHEREAS, such environmental review has been completed in accordance w~th the requirement of State Statute and all comments have been considered. NOW THEREFORE, be it hereby resolved that the City of Hopkins finds that a Finding of No Significant Environmental Impact is made in conjunction with this project. Adopted by the Council Minnesota this 6th day of May of the 1986 . City of HOp'k~ns, - - - - _..::...:'- --=-~ :--:..--~- - - . _-7-~-::'4.-...-,::r-..... J. SCOTT RENNE City Clerk ELLEN LAVIN Mayor . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 86-23 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP86-3 WHEREAS, an application for a Conditional Use Permit entitled CUP86-3 has been made by Brian Zubert to construct a 6500 square foot retail building at the northwest corner of 20th Avenue & Mainstreet. e WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP86-3 was filed with the City of Hopkins on April 11, 1986. 2. That the Hopkins Planning Commission reviewed such application on Apri 1 29, 1986. 3. That the Hopkins Planning Commission, pursuant to mailed notices, held a public hearing on April 29, 1986; all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council makes the following Findings of Fact in respect to CUP86-3: 1. That the proposed development meets all the requirements of the ordinance. BE IT FURTHER RESOLVED, that application for Conditional Use Permit CUP86-3 is hereby approved subject to the following conditions: 1. That the applicant meet with the Mainstreet Design Committee and plan a design acceptable to that committee. 2. That the applicant work with the City Engineer to plan an accept- able ingress and egress. 3. That the storage area for refuse be screened so as not to be visible. 4. Compliance with the landscape ordinance. 5. Applicant provide City Engineer with a complete drainage plan. 6. City Engineer approval of all plans. 7. Curb to be 3 feet back of property line. 8. Parking be on site for employees and customers. 9. Sldewalk be installed on Mainstreet and 20th Avenue per City requirements. Adopted this 6th day of May, 1986. - -- .. - - .::" -- - - -- - -. - - -~_.-=-~~;_: --- - - - -.-- Ellen Lavin, Mayor .... - RESOLUTION NO. 86-24 A RESOLUTION GIVING PRELIMINARY APPROVAL TO A CHANGE OF OWNERSHIP AND OF A REFINANCING PLAN OF THE CITY'S CABLE TELEVISION FRANCHISE. WHEREAS, the City of .Hppkins , Minnesota, ("City") has granted a cable televisJ.on franchise (lithe Franchise") to Rogers Cablesystems of Minnesota Limited Partnership (lithe Granteell) pursuant to City'S cable communications ordinance (lithe Franchise Ordinance"); and WHEREAS, City has also adopted an ordinance (the "Relief Ordinance") intended to provide financial relief to Grantee by providing for a modification of Grantee's obligations for a period of time in order to permit refinancing of Grantee's long-term debt and to enhance its financial viability; and WHEREAS, Grantee has now proposed a refinancing plan, as contemplated by the Franchise Ordinance and the Relief Ordinance and seeks approval of such plan; and WHEREAS, Rogers Cablesystems of Minnesota, Inc. ("RCMI") is the general partner of Grantee and is a Wholly-owned subsidiary of Rogers U.S. Cablesystems, Inc. ("RUSCI"); and WHEREAS, the proposed refinancing calls for a change in ownership of Grantee's general partner through transfer of the ownership of the shares of RCMI from RUSCI to Rogers American Cable Corp. ("RACC"), a Wholly-owned subsidiary of Rogers Cablesystems of America, Inc. ("RCA"); and \ '1 -i . WHEREAS, RCMI has represented to the Southwest Suburban Cable Communications Commission ("SWSCC"), which acts on behalf of the City on certain matters related to cable television, that in conjunction with the proposed refinancing of Grantee, RCA will make use of its line of credit from time to time as necessary to provide funds to Grantee to meet operating expenses and debt service payments; and WHEREAS, it has also been represented by Grantee to SWSCC that such transfer of stock ownership of RCMI will strengthen the financial position of RCMI and will facilitate the refinancing of Grantee's long-term debt; and WHEREAS, SWSCC has engaged the firm of Touche Ross, certified public accountants, to review this proposed transfer of stock ownership of RCMI and the proposed refinancing; and WHEREAS, Touche Ross has made an interim report to SWSCC indicating that the proposed refinancing will lighten the debt - 1 - -9 e e service burden of Grantee through a reduction of interest rates and an extension of the loan period; and WHEREAS, Touche Ross recommend that, before final approval of such proposed refinancin~ and stock ownership transfer, certain additional informatJ.on be provided and certain written commitments be made by RACC and RCA; and WHEREAS, RACe has indicated that it will offer to purchas the interests of all the individual limited partners of Grante , which offer, if accepted, will also result in a change in ownership of Grantee; and WHEREAS, Minnesota Statutes Section 238.083, and Article XII of the Franchise Ordinance, require City approval of any change in ownership of Grantee; and WHEREAS, Article II, Section 4, of the Franchise Ordinance provides for a four-year extension of the Franchise if Grantee completes refinancing of its existing long-term indebtedness before December 31, 1987, and provides written evidence thereof acceptable to the City; and WHEREAS, it appears that the proposed change of ownership will not adversely affect the Grantee's subscribers; and WHEREAS, it appears that the proposed refinancing is likely to benefit Grantee and may, in turn, permit Grantee to provide better service to its subscribers than it would otherwise be able to provide. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of RgpkiR~ , Minnesota, as follows: , 1. The City herewith gives preliminary approval to the following actions: A. RACC; The transfer of the stock of RCMI from RUSCI to B. The purchase of the interests of the limited partners of Grantee by RACC; C. The refinancing of the long-term debt of Grantee as proposed to SWSCC and as contemplated in Article II, Section 4, of the Franchise Ordinance. 2. Final approval of these actions will be considered by City, upon the occurrence of the following: A. Grantee has filed with City copies of executed loan documents evidencing that Grantee has refinanced its - 2 - ~ long term debt as contemplated by Article II, Section 4, of - the Franchise Ordinance and as represented to SWSCC. B. RCA has given written contractual commitment to Cit!, satisfactory to City, that it will provide financial ass stance as necessary to Grantee, during the term of the refinancing loan, to enable G~antee to meet its operating expenses and debt service payments. C. Grantee, RCMI or RACC have certified to City that the ownership of the stock of RCMI has been transferred from RUSCI to RACC and that all actions incident to such transfer have been duly authorized and taken. D. RACC has executed and delivered to City an acceptance and a guarantee of RCMI's performance of the Franchise Ordinance, the Relief Ordinance and the Performance Agreement between City and Grantee, accompanied by such opinions of counsel as are required by Article XIV of the Franchise Ordinance. E. SWSCC has recommended to City that it give final approval of the actions described in paragraph 1 of this Resolution. 3. Upon final City approval of the actions described in paragraph 1 of this Resolution, the city will execute and deliver an agreement with Grantee evidencing extension of the Franchise to December 31, 1999. Dated this 20th day of May , 1986. #~ Mayor - 3 - CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 86- 25 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS WHEREAS, certain improvements, all as more fully described in Exhibit lA' hereto attached and hereby made a part hereof have been previously ordered and completed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, as follows: 1. That the cost of each such improvement to be specially assessed is hereby declared to be the cost or the amount to be assessed, whichever is greater, which appears in said Exhibit IAI. 2. That the City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for each such improvement against every assessed piece or parcel of land within the various districts or locations affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessments in his office for public inspectlon. 3. The Clerk shall, upon the completion of such proposed assessments, notify the Council thereof. Passed and adopted by the Council of the City of Hopkins, Minnesota, this 20th day of May, 1986. - -- -- ~ - - - - - - ~ - - - -- ~- ~~ --_-- -.._ ~ _-7 _.....:""_-=_--":- ~- J. SCOTT RENNE, City Cl erk ELLEN LAVIN, -- ~------_.~~ Mayor JERRE MILLER, City Attorney - E X H I BIT IAI 1. ProJect 82-10: Street construction including curb and gutter on Smetana Road (11th Street South) from 11th Avenue South to the west city limits, estimated cost being $252,504.83 2. Project 82-11: Storm sewer construction on Smetana Road (11th Street South) from 11th Avenue South to the west city limits, estimated cost being $18,721.98 3. Project 82-12: Street lighting on Smetana Road (11th Street South) from 11th Avenue South to the west city llmits, extimated cost being $15,479.78 4. ProJect 82-13: Bridge construction on Smetana Road by the installa- tion, landscaping and lighting of a secondary road - pedestrian under- pass bridge, estimated cost be $54,329.51 Smetana Drive Costs: 82 -11 $ 591.468.64 296,553.13 Street Construction $ 219,569.42 + 15% 32,935.41 $ 252,504.83 Storm Sewer 16,279.98 + 15% 2,442.00 $ 18,721. 98 Street Lighting 13,460.68 + 15% 2,019.10 $ 15,479.78 Bridge 47,243.05 + 15% 7,086.46 $ 54 , 32 9 . 51 TOTAL $ 341.036.10 Total Cost Hopkins Share ProJect 82-10 82-12 82-13 ... ~~ ,~ CITY OF HOPKINS Hennepin County, Minnesota RESOLUTI ON NO. 86- 26 RESOLUTION DECLARING COSTS TO BE RE-ASSESSED AND ORDERING PREPARATION OF PROPOSED RE-ASSESSMENT WHEREAS, certain improvements, all as more fully described in Exhibit lA' attached hereto and hereby made a part hereof, have been previously ordered and completed and assessed, and WHEREAS, it is now apparent that benefits derived thereunder are found to benefit properties not previously assessed therefore, and WHEREAS, parties previously assessed have asked that the benefits be more truly spread upon the now benefitting area as allowed by M.S.A. Section 429.071 Subd 1; NOW, THEREFORE, be it resolved by the City Council of the City of Hopkins, Minnesota, as follows: 1. That the remaining unpaid assessments have been ascertained and which appears in said Exhibit IAI. 2. That the City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for each improve- ment against every assessed piece orparcel of land within the various districts or locations affected without regard to cash valuation as provided by law, and he shall file a copy of such proposed assessments in his office for public inspection. 3. The Clerk shall, upon completion of such proposed re-assessments, notify the Council thereof. Passed and adopted by the Council of the City of Hopkins, Minnesota this 20th day of May, 1986. ~ - ~~- ; -- -- --_- .---7" ~~-=€---:--- -..- J. SCOTT RENNE, Ci ty Cl erk ELLEN LAVIN, Mayor JERRE MILLER, Citv Attornev E X H I BIT IAI ------- RE-ASSESSMENT Levy No: 09477 Sanitary Sewer Levy No: 09478 Watermai n Levy No: 09878 Bituminous Surface Levy No: 09879 Curb, Gutter & Driveway Levy No: 09880 Lighting and Landscaping TOTAL TO BE RE-ASSESSED $ 36,996.12 56,954.52 54,530.64 11 , 513. 34 31,951.26 $ 191,945.88