1987-101
....,'~
o
o
CITY OF HOPKINS
Hennepin County, Minnesota
Resolution # 87-101
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
TRANSFER OF FLOODPLAIN RIGHTS SUBJECT TO CERTAIN CONDITIONS
WHEREAS, a request for the transfer of floodplain rights from Valley
Park to the Peace Valley Townhomes has been made by the Minneapolis
Employees Retirement Fund (MERF),
WHEREAS, the procedural history of the application is as follows:
1. That the request for transfer of floodplain rights was filed with
the City of Hopkins on May 20, 1987.
2. That the Park Board reviewed such application on September 21,
1987.
3. That the City Council, at regular meetings held on October 20,
November 6 and November 17, 1987 reviewed the matter and
considered the comments of those present at the meetings.
4. That written comments and analysis of the City Staff and the Park
Board were considered.
NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council makes the
following Findings of Fact in respect to the request for transfer of
floodplain rights:
1. That the City Council and Park Board have not determined future
uses of park land at Valley Park.
2 · That removal of 4,500 cubic yards of fill from Peace Valley
townhomes would have a sl~ghtly negative impact on the aesthetic
appeal of the property.
3.
4.
5.
0 6.
The MERF and the Peace Valley Townhome development are currently
in violation of Watershed District requirements.
That the City of Hopkins believes it Is app~opriate to pursue a
solution that minimizes property value impact~.
That the City of Hopkins believes it is appropriate to maximize
the development potential of Valley Park.
That a transfer of rights from Valley Park to Peace Valley
townhomes, subject to reinstatement as needed, meets the needs of
both the applicant and the City.
BE IT FURTHER RESOLVED, that the request for transfer of floodplain
rights from Valley Park to Peace Valley townhomes is hereby approved
subject to the following conditions:
1. That the City would retain the right to reinstatement of
floodplain rights when needed.
0 2.
3.
4.
5.
6.
That the applicant draft a deed restriction agreement acceptable
to the City detailing Condition #1, above.
That the aforementioned deed. restriction agreement be filed with
the Hennepin County Recorder
That the aforementioned transfer and reinstatement option of the
City be approved by the Watershed District.
That the deed restriction agreement be drafted and submitted to
the City by January 1, 1988.
That a 5-year life be established for the deed restriction
agreement, at which time a final decision would be made as to
ownership of floodplain rights.
7. The city and applicant will negotiate comp~nsation for flood,
plain rights and submit for approval by the City Council within
30 days.
o Adopted this 17th day of November 1987.
o
DonaldJ. Milbert, Mayor