CR 01-026 Amendment to Conditional Use Permit Agreement- SuperValu
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CITY OF
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February 28,2001
HOPKINS
Council Report 2001-26
AMENDMENT TO CONDITIONAL USE PERMIT AGREEMENT - SUPERV ALU
ProDosed Action.
Staff recommends the following motion: Move to approve an amendment to the conditional
use permit agreement to construct an addition to the perishable warehouse.
Overview.
As part of the conditional use permit approval for the construction of the addition to the
perishable warehouse, Supervalu was required to sign a conditional use permit agreement.
The conditional use permit agreement is a document that spells out the specifics of the action
and timetable that will need to be completed to implement the various conditions of the
conditional use permit. The original document was approved in the fall of2000.
Since the document was signed, there has been a change in the alignment of Fifth Street.
The document, as presented, was prepared by Jerry Steiner of the City Attorney's office.
Primarv Issues to Consider.
· What is the amendment to the original conditional use permit agreement?
SUDDortim! Documents.
· Amendment to the Conditional Use Permit Agreement
Financial Impact: $ _N/ A_Budgeted: Y/N
Related Documents (CIF, ERP, etc.):
Notes:
Source:
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CR2001-26
Page 2
Prima" Issues to Consider.
· What is the amendment to the original conditional use permit agreement?
Originally, Fifth Street was to be realigned to the south by approximately four feet. By
moving Fifth Street to the south, the internal drive lane on the perishable site would be wider
for the additional movements on the site with the closure of the 11 th Avenue access. This
realignment would have required additional right-of-way to be acquired on the south side of
Fifth Street from Westside Business Park, owned by Duke Realty. The additional right-of-
way to be acquired is on the curve of Fifth Street. Supervalu was going to try to acquire the
property, but if they were unsuccessful, the City could have used eminent domain.
Supervalu now will not move the street, and all the improvements on the south side of Fifth
Street will be in the existing right-of-way. Supervalu is making internal changes to their site
so the additional right-of-way land to the south will not be needed.
Alternatives.
1. Recommend approval of the amendment to the conditional use permit agreement. By
approving the amendment to the conditional use permit agreement, Supervalu will be
able to align Fifth Street as now proposed. It is understood with this action staff is
allowed to make minor changes that do not affect the intent of the amendment.
2. Recommend denial of the amendment to the conditional use permit agreement. By
denying the amendment to the conditional use permit agreement, Supervalu will not be
able to construct Fifth Street as now proposed. If the City Council considers this
alternative, findings will have to be identified that support this 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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Miller, Steiner & Curtiss, P.A.
AMENDMENT TO CONDITIONAL USE PERMIT AGREEMENT
THIS AMENDMENT TO CONDITIONAL USE PERMIT AGREEMENT (this
"Amendment") is made as of , 2001, by SUPERV ALU Inc., a
Delaware corporation ("Developer") in favor of and for the benefit of the City of Hopkins,
Minnesota, a municipal corporation under the laws of Minnesota ("City").
RECITALS
A. Developer executed and delivered a Conditional Use Permit Agreement dated
October 25, 2000 (the "CUP Agreement") in favor of and for the benefit of the City. The CUP
Agreement was recorded November 17,2000, as Hennepin County Registrar of Titles Document No.
3333738.
B. Developer and the City have agreed that the CUP Agreement shall be amended as
stated in this Amendment, and are executing this Amendment for that purpose.
NOW, THEREFORE, in consideration of the above Recitals and other good and valuable
consideration, Developer and the City agree that the CUP Agreement is amended as follows:
1. Recital Paragraphs A. and B. are incorporated in and made apart of this Amendment.
All defined words and phrases in the CUP Agreement, when used in this Amendment, shall have the
same meanings stated in the CUP Agreement.
2 Subparagraph 6, F., ii., of the CUP Agreement is deleted and replaced with the
following new subparagraph:
ii. Developer shall complete the reconstruction of Fifth Street South and Sixth Street
South, including roadway width modifications, sidewalks and pedestrian/bike trail
construction, in accordance with and as shown on Sheet No. S-6, titled
"Retaining/Screen Wall Plan & Details" for Project No. 94000-32, prepared by
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Planmark, revision No.3, dated January 19, 2001 ("Street Reconstruction").
Developer shall also prepare and submit a revised Landscaping Plan to the City
showing all landscaping improvements to be completed in the area of the Street
Reconstruction. Such revised Landscaping Plan shall be subject to approval by the
City. Developer agrees that it shall complete all ofthe Street Reconstruction as soon
as reasonably practicable, and in any event no later than December 31, 2001.
Developer agrees that it shall grant to the CHy, either by transfer of fee title or
permanent easement, as designated by the City, additional public road right-of-way
over the Real Property, adjacent to the westerly and northerly right-of-way line of
Fifth Stree~ South and Sixth Street South, as necessary to maintain 10 feet of
boulevard width parallel with the westerly and northerly edge of the pavement of
reconstructed Fifth Street South and Sixth Street South. Upon completion of the
Street Reconstruction, Developer shall cause Developer's surveyors to complete as-
built drawings locating the westerly and northerly edge of the pavement of
reconstructed Fifth Street South and Sixth Street South together with surveyor's
drawings and legal descriptions of the additional right-of-way to be granted to the
City, and shall deliver copies of which as-built drawings, legal descriptions and
surveyors' drawings to the City. Developer shall thereafter grantthe additional right-
of-way to the City, at Developer's sole cost, free and clear of all liens and
encumbrances.
3. The CUP Agreement shall remain in full force and effect in all of its terms and
conditions, as modified and amended by this Amendment.
City of Hopkins
SuperValu Inc.
By
By
Its
Its
By
Its
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STATE OF
COUNTY OF
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)SS
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The foregoing instrument was acknowledged before me this day of
, 2001, by , the
, of SuperValu Inc., a corporation under the laws of Delaware,
The foregoing instrument was acknowledged before me this day of
, 2001, by and
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, respectively, of The City of Hopkins, a municipal
corporation under the laws of the State of Minnesota, on behalf of the municipal corporation.
on behalf of the corporation.
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
Notary Public
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Miller, Steiner & Curtiss, P .A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, Minnesota 55343
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