05-06-1986 Resolutiions
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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. __ _
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J. SCOTT RENNE
City Clerk
ELLEN LAVIN
Mayor
JERRE MILLER
City Attorney
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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.
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Ellen Lavin, Mayor
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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.
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Adopted this 6th day of May, 1986.
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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,
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J. SCOTT RENNE
City Clerk
ELLEN LAVIN
Mayor
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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.
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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.
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Ellen Lavin, Mayor
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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
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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
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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:
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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
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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.
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Mayor
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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.
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J. SCOTT RENNE,
City Cl erk
ELLEN LAVIN, -- ~------_.~~
Mayor
JERRE MILLER,
City Attorney
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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
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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.
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J. SCOTT RENNE,
Ci ty Cl erk
ELLEN LAVIN,
Mayor
JERRE MILLER,
Citv Attornev
E X H I BIT IAI
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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