CR 01-023 Approve Concept Plan - 5th St/6th St/10th Ave S Intersection Reconstruction
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C\TY OF
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February 1S, 2001
HOPKINS
Council Report 2001-23
Approve Concept Plan - 5th SUSth SU10th Ave South Intersection Reconstruction
Proposed Action.
Staff recommends adoption of the following motion: Move that Council approve
concept plan IIF" for the reconstruction of the 5th SUSth SU10th Avenue South
intersection as presented by staff.
Overview.
The Conditional Use Permit Agreement for the SuperValu perishable warehouse
expansion project includes a requirement for SuperValu to construct several
public improvements. The only roadway improvement whose preliminary design
has not been approved is the 5th SUSth SU 10th Avenue South intersection work.
Staff received additional input from south Hopkins residents at a February 12
public meeting and recommends the design and construction of intersection
option IIF". This option extends the existing 1 Oth Avenue to a new liT" intersection
with Sth Street south and realigns the existing 5th StreeUSth Street intersection to
the north creating a separate liT" intersection northeast of 10th Avenue. Council
approval of the intersection concept plan will allow SuperValu engineers to begin
final design of construction plans.
Primary Issues to Consider.
. Detai led Background
. Public InpuUConcerns
Staff Recommendation
Project Schedule
SupportinQ information.
. Intersection Concept Design Options
CUP Agreement e cerpt
December 29, 00 SuperValu letter
1
Steven J. Stadler, Public Works Director
Financial Impact: $ 0 Budgeted: Y/N n/a Source: nla
Related Documents (CIP, ERP, etc.): CUP AQreement
Notes:
Council Report 2001-23
Page 2
Analvsis of Issues
. Detai led Background
The CUP agreement, approved by City Council at the October 3,2000 Council
Meeting, requires SuperValu to pay design, construction and right of way
acquisition costs for roadway, utility, pedestrian way and landscaping work. City
council approved the project CUP and the associated preliminary design of most
road and pedestrian way improvements on August 2, 2000 and SuperValu is
proceeding with design. The only roadway improvement whose preliminary
design has not been approved is the 5th sueth SU 10th Avenue South intersection
work.
.
As Council probably recalls, staff reviewed and discussed with residents and City
Council several different options for improving this intersection. The Benshoof &
Associates traffic studies included consideration and analysis of seven different
intersection designs. Diagrams of these options are attached. The CUP
agreement specified that if SuperValu acquired the commercial properties on the
southwest corner of their site that Option C would be built. However, SuperValu
did not purchase these properties and did not request that the city acquire them.
The area residents preferred Option C. In fact, the 10th Avenue South residents
presented a petition signed by more that 20 property owners encouraging the city
to purchase the two commercial properties so that this option could be built. To-
date, City Council has not expressed interest in buying the two properties. The
CUP agreement states that if the properties are not purchased then the
developer agrees to reconstruct the intersection according to a design approved
by the City, the design will not include Option C. In order to keep the affected
residents engaged in the decision process on which intersection option to
construct, staff held a public meeting on Feb 12.
.
. Public InpuUConcerns
The February 12 public meeting was attended by several residents of 10th
Avenue south and residents from other south Hopkins locations. The residents
still clearly preferred Option "C". With Option C no longer an alternative, there
was disagreement on the next best intersection option. Some 10th Avenue
residents preferred Option 0 because they believed it would better isolate the
residential street from the negative influences of the commercial property and eth
Street South traffic. Some residents spoke against Option D because they were
concerned
Council Report 2001-23
Page 3
with the safety of the new intersection that would be created where 10th Avenue
would intersect with 5th Street South. The owner of the property at 601-605 10th
Avenue was opposed to the Option D alignment of 10th Avenue because it would
require 6' of additional city right-of-way and move the street closer to the duplex
structure. After further discussion there was general agreement that SuperValu
would eventually purchase the two commercial properties and that we should
adopt a "wait and see" approach and reconstruct the intersection per Option F.
. Staff Recommendation
Staff's recommendation is based on the following factors:
1) The input at the public meeting
2) The fact that the CUP agreement requires SuperValu to construct Option
C intersection improvements if they purchase the commercial properties
in the future.
3) The Option F intersection design provides an improvement from the
present condition while being the simplest design to change if Option C is
constructed in the future.
. Project Schedule
Design Plan review... ... ............ ... ... ...... ... ... ...... mid-April, 2001
Council approve final plans... ......... ... ...... ... ...... ..May 1,2001
SuperValu bidding... ...... ........................ ......... ..May, 2001
Construction...... ... ... ......... ......... ......... ............ .June-September, 2001
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. OPTION B
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CITY OF HOPKJ.NS
TRAFFIC STUDY FOR.
SUPERVALU
PERISHABLES
WAREHOUSE
EXPANSION
BENSHOOF &. ASSOCIATES, INC.
TRANSPORTATION ENGINEERSAND PLANNERS
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APPROXIMATE
SCALE
"100'
FIGURE 17 (1 of 2)
OPTIONS FOR THE
5th/6th STREET
INTERSECTION WITH
. 10th AVENUE
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Developer is unable to acquire such additional right of way or easements
within thirty (30) days of the date on which the City Council approves the
final design for reconstruction of the Intersection, the City agrees that it shall
proceed with acquisition of such l?ublic right-of-way or easements and shall,
if necessary, acquire the same by means of eminent domain, subject to all
legal and statutory requirements applicable thereto. Developer agrees to
rehnburse the City for and hold the City harmless from all costs, awards and
expenses, of whatever kind or nature, incurred by the City in acquiring right-
of-way or easements for the Intersection, including, but not limited to, the
actual acquisition costs tog~ther with all appraisers, attorneys and consultant
fees incurred to complete such acquisition. In the event it is necessary -to
acquire additional right of way or easements for reconstruction of the
Intersection under this Subparagraph d), the date by which Developer must
complete reconstruction of the Intersection shall be postponed as necessary
to allow for delays resulting from such acquisition.
e) If, subsequent to the reconstruction of the Intersection, Developer acquires
c:hopciviI\CondUse.SuperValu
the Third Party Property, Developer agrees that it shall redesign and
reconstruct the Intersection according to Option C, at Developer's sole cost,
and agrees that the provisions of Subparagraph c) above, shall be applicable
to such redesign and reconstruction, including dedication of the necessary
road right-of-way or easements to the City.
ii. Developer shall also complete the reconstruction of Fifth. Street South and Sixth
. Street South, including roadway width modifications, sidewalks and
14
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YERrlALU
Corporate Offices
PO Sox 990
Minneapolis, MN 56440
952 828 4000
$UPERVALUINC~ '
8E1rbara H. Parks, Esq.
phone; (952) 8Z8-4479
Fax: (952) 828-4403
E-M~t.: _8~rb.:P~!k.?@2.Y.J;g~~r.o~ ---
December 29. 2000
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City of Hopkins
Attention; City Manager
1010 First Street South
Hopkins, MN 55343
RE: Conditional Use Permit Agreemenl ~me "<..;UP Agreement") between The City of
Hopkins and SUPERVALU INC. dated October 25, 2000 relating to Perishables
Warehouse Facility located in Hopkins, Minnesota; Our Facilitt No. 01610
Ladies and Gentlemen:
As you are aware, Paragraph 6 F i. a) of the CUP Agreement requires SUPERVALU to
"exercise reasonable efforts and proceed with all due diligence to enter into ~ binding
Purchase Agreement or Purchase Agreements, on or before December 31, 2000, by
which ISUPERVALU] shall qcquire the two privately-owned parcels located north of Sixth
Street South, west of Fiftn Street South and east of 1llfl Avenue South. \.." In
accordance with such requirement, S~PERVALU ha~ c~ntacted the t>NO owners of the
parcels.. Caty Construction and Nonrwest Development.Syndicate - to discuss
p~rchqslng the parcels..
SUPERVALU submitted to Coty ConstJ1Jction a written offer to purchase its parcel for an
amount which SUPERVALU believes to be the fair market value of the parcel. This offer
was for $240,000 cash purchase price, plus payment by SUPERVALU of relocation
costs up to a maximum amount of ~1 00,000, plus a bUY"Iout by SUPERVALU of the
Dooley's Auto Repair lease. Coty Construction turned SUPERVALUls offer down,
explaining that they thought the purchase price was inadequate and that it would be
difficult to find relocation premises,
Although SUPERVALU's discussions with Northwest Deveiopment Syndicate clid nOT
ever reach the stag~ of a formal written offer: Mary McGlinch of SUPERVALU ~ic have
telephone discussions with Bruce Lieberman, attorney for owner Northwest Development
Syndicate. However, before the discussions reached the purchase price stage, Coty
Construction informed SUPERVALU that it would not sell its parcel for the offered pricel
and SUP~RVALU saw no point in continuing negotiations with Northwest Development
Syndicate since purc~ase of the Coty Construction parcel is not feasible.
Pursuant to Paragraph 6 F i. b) of the CUP Agreement if SUP~RVi~LU is unable to enter
in~o p~rchase agreements for the two parcels by December ~,1 ~ ,?OOO, then lIupqn written
request" of SUPERVALU, thf? City of HopKins :s oCJligated to proceed wltn acquisition of
the tw'o paresis, by eminent domain if necessary. However, SUPERVALU hereby
infonns you that it is not requesting the City or Hopkins to proceed with such an
C:\Ollla\Hopkfnl\CltyNPlleaLI\1lr. doc
City of Hopkins
December 29,2000
Page 2
acquisition. Therefore, the City of Hopkins and SUPERV,A.LU shall proceed as set forth
in Paragraph 6 F i. d) of the CUP Agreement. This paragraph requires SUPERVALU Ie
reconstruct the intersection or l'l\tI Avenue and Fifth/Sixth Street pursu~nt to "a design
approved by the City, which design shall not incorporate Option C." Therefore, the City
shoulo select the design for the intersection reconstruction as soon as reasonably
possible, as provided in Paragraph 6"F i. d)" To the extent you need input from
SUPERVALU in connection with selecting a design. such as attendance at neighborhood
meetings or preparing drawings, please contact Mary McGlinch and/or David Bade.
Please feel free to call jf you have any questions.
Very truly yours,
SUPERVALU INC" /1 /'.
~p~
Barbara H. Parks
Region Counsel
cc: Mary McGlinch
David 8ade
Jftt1' Kerrigan
Steve Stadler
Nancy Anderson
Jerry Steiner
C: \OalaU-i afll<lnl\Cily Notleel..I1.r.d oe