CR 2000-126 Vacation Sixth Avenue South
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",.1 ,~ .' m Council Report 2000-126
July 27 t 2000
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VACATION - SIXm AVENUE soum
. Pro Dosed Action.
Staff recommends the following motion: Move to adopt Resolution 2000-49. approving
Ordinance 00-842 providing for the vacation of Sixth Avenue South for first reading.
At the Zoning and Planning meetin& Mr. Bartz moved and Mr. Thompson seconded a
motion to adopt Resolution RZOO-6t recommending approval of Ordinance 2000-842
providing for the vacation of Sixth Avenue South. The motion was approved on a 5-2 votet
Mr. Szuba and Mr. Rudolfvoting nay.
Overview.
The applicantt SuperValu, is proposing to vacate Sixth Avenue South for the construction of
an addition at the perishable site. The area to be vacated is from Third Street to Fifth Street.
The vacation or Sixth Avenue will provide SuperValu with internal access to the perishable
site and a new warehouse area. I
The intersection of Third Street and Fifth Avenue will be reconstructed to become a three-
legged intersection. The neighborhoods to the south of SuperValu will have access to the
north from Second A venue or 11th Avenue. '
The abutting property owners on each side of Sixth A venue will acquire half of the right-of-
. way. The abutting property acquires the land because when Sixth Avenue was constructed
the land was taken from the abutting property owners.
Primarv Issues to Consider.
. What is the zoning of the property. and how has the Comprehensive Plan
designated the subject site?
. Is Sixth A venue needed for a public purpose?
. What is the recommendation of the traffic study regarding' the vacation of
Sixth Avenue?
. What is the staff recommendation for the vacation of Sixth Avenue?
. Have the utility companies objected to the vacation?
. What was the discussion at the Zoning and Planning meeting?
SUDDortine: Documents.
. Analysis oflssues
. Resolution 2000-49
dinance 00-842
Nanc S. Anderson, AICP
Planner
. Financial Impact: $ Nt A Budgeted: Y/N _ Source:
Related Documents (CIP, ERPt etc.):
Notes:
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CR2000-126
Page 2
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Primary Issues to Consider.
. What is the zoning and of the property, and how has the Comprehensive Plan
designated the subject site!
The zoning of the property is I-I, Industrial. The Comprehensive Plan has designated the site
as industrial.
. Is Sixth Avenue needed for a public purpose!
The public works department reviewed the proposed vacation and determined that the street
is not needed for a public purpose.
. What is the recommendation of the traffic study regarding the vacation of Sixth
Avenue?
The following is the recommendation of the traffic study:
. Regarding the potential closure of Sixth Avenue North of Fifth Street, we have determined
that such closure would provide major benefits for the neighborhood in terms of reduced
non-residential through traffic and reduced truck traffic on Fifth/Sixth Street west of Sixth
Avenue, The closure of this street would cause the following disadvantages:
. Slight increase in response time for some police calls
. Slight reduction in the convenience of access to and from the neighborhoods for residents
. Slight reduction in accessibility to and from the north for pedestrians and bicyclists
On an overall basis, it is our judgement that the traffic benefits to the neighborhoods of
closing Sixth Avenue outweigh the disadvantages. For this reason, we would support the
closure of Sixth A venue north of Fifth Street.
. What is the statrrecommendation for the vacation of Sixth Avenue!
Staff's recommendation for approval of this project includes the closing of Sixth Avenue
South. It is understood this may provide some minor inconvenience in pedestrian and
automobile movement from the Park Valley/Peaceful Valley neighborhoods. Sta:ff. however,
feels that the elimination of the roadway would have the following important benefits:
. It would allow for continuous extension of the noise wall and berming, which
was previously constructed to the east as part of the distribution facility
. project. This would allow for fairly complete physical separation of
SuperValu's industrial operation from the adjacent residential neighborhood.
If Sixth A venue was to remain open and total separation was not achieved,
there would be a better chance for conflicts between these uses.
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CR2000-126
Page 3
. . Residents within the Park ValleylPeaceful Valley neighborhoods have
expressed concerns about the amount of through-traffic utilizing the streets in
these neighborhoods to bypass more congested roadways. Benshoof &
Associates recently reviewed this issue as part of their traffic study for the
SuperValu warehouse expansion project. As part of this study, it was
determined that ~'if Sixth Avenue is closed, the major link for the
neighborhood will be eliminated, reducing the through-traffic impacts on the
neighborhood streets. This change in travel patterns could result in as high as
20 percent reduction in non-residential through traffic on the located street."
. Adequate north/south access will be maintained into the park Valley/Peaceful
Valley neighborhoods. Prior to 1998 there were only two north/south
roadways into these neighborhoods: Sixth Avenue South and 11th Avenue
South. SuperValu constructed a new north/south roadway, Second Avenue
South, as part of the distribution facility project on the Hennepin County
Public Works property. The intent of building this road was to provide access
to their new employee/customer lot; however, conceptually the roadway was
also built based on the fact that SuperValu was considering future phases of
development that would require the closing of Sixth Avenue South.
. There are conditions within the conditional use permit that require roadway
. and pedestrian improvements to be completed to mitigate the impact of the
closing of Sixth A venue South.
. Have the utility companies objected to the vacation?
The utilities in Sixth Avenue will remain unchanged, and an easement will be provided to all
the utility companies. The utility companies have been notified of the vacation. As of the
date of this report. Paragon Cable, NSP. and Minnegasco have replied. Paragon Cable does
not object, Minnegasco is requiring an easement and NSP is objecting. U. S. West has not
responded. The utilities in the street will not be disturbed and all will be granted an
easement.
. What was the discussion at the Zoning and Planning meeting?
Staff reviewed the proposed vacation. Sheri Azizi and Mary McGlinch appeared before the
Commission and reviewed the need for closing Sixth A venue. Jim Benshoof reviewed the
traffic study. Craig Reid and Don Beckering reviewed the police and emergency vehicle
access. Jerre Miller reviewed the vacation process. The following comments were made at
the public hearing:
. Other measures of reducing cut-through traffic have not been tried
. Get rid of the trucks
. . Have major traffic issues in the neighborhood
. People coming from Opus cutting through neighborhood
. Shady Oak single lane - does not help
. Need four-way stop at Washington
,
CR2000-126
Page 4
. . Overall transportation problem - closing Sixth Avenue will not solve problem
. Only reason to close Sixth Avenue is for SuperValu
. Sixth Avenue serves the neighborhood
. Sign neighborhood for local traffic only
. Survey completed and 30 people responded 25 for keeping sixth open, four for
closing Sixth A venue, and one undecided
. Any increase in emergency vehicle response is a problem
. Staff has put Commission and City Council in a box
. Do not care about south Hopkins
. In favor of closing Sixth Avenue
. Trend in City's to isolate neighborhoods
. Has SuperValu ever considered a tunnel?
A total of ten residents spoke. Six were against the vacation, three wanted the vacation, and
one never stated an opinion on Sixth Avenue.
Steve Stadler, Public Works . director, discussed the upgrading of Shady Oak: Road and
Excelsior Boulevard.
The Commission discussed the pros and cons of the vacation of Sixth Avenue. Some issues
the Commission brought up are the following:
. . Has the cut..through traffic been discussed before?
. There are not enough signs to tell truck drivers how to get to SuperValu
. Vacating Sixth seems to be an overall benefit
· . There seems to be more disadvantages in the study for the vacation of Sixth Avenue
. Second Avenue will become the new road to use
. Reduction oftruck traffic a benefit to neighborhood
. No one has said that the vacation of Sixth will be an inconvenience for pedestrians
and bikers
. Must consider public asa whole
. Traffic pattern is an issue
. Need comprehensive traffic plan
. Not great inconvenience for neighborhood
Alternatives.
1. Approve of the vacation of Sixth Avenue South. By approving the vacation of Sixth
Avenue South, the Applicant will be able to construct the building as proposed.
2. Deny the vacation of Sixth A venue South. By denying the vacation of Sixth A venue South,
the Applicant will be able to construct the building as 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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.
CITY OF HOPKINS
Hennepin County, Minnesota
. RESOLUTION NO: 2000.49
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VACATION OF SIXTII A VENUE SOUTH
WHEREAS, an application for Vacation VACOO-I has been made by SuperValu;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a vacation of Sixth A venue was made by SuperValu on March 31,
2000;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published
notice, held a public hearing on the application and reviewed such application on April 25,
2000; May 30, 2000; and July 25, 2000: all persons present were given an opportunity to
be heard;
3. That the written comments and analysis of City staff were considered; and
4. A legal description of the property to be vacated is as follows:
That part of the West Half of Sixth Avenue South, lying northerly of the Easterly extension
of the Northerlyright-of.way of 5th Street South as dedicated in the recorded plat of WEST
MINNEAPOLIS, Hennepin County, Minnesota, and lying Southerly of the Northeasterly
extension of the Northwesterly line of Lot 7, AUDITOR'S SUBDMSION NO. 195.
. NOW, THEREFORE, BE IT RESOLVED that the application for Vacation V ACOO.l is hereby
approved based on the following Findings of Fact:
1. That the above described part of Sixth Avenue is not needed for a public purpose.
BE IT FURTHER RESOLVED that application for Vacation V ACOO-l is hereby approved
subject to the following conditions:
1. That the vacation be granted subject to public private utility easements retained over the
full width of right-of-way in vacated Sixth A venue South and Railroad Boulevard.
2. That conditional use permit No. CUPoo-2 is granted and the applicant satisfies all
conditions and requirements for such conditional use permit.
3, That the Applicant satisfies all conditions and requirements for and obtains final approval
of the plat of the subject property per application No. SUBDOO-l.
4. Applicant obtains the proposed height variance and satisfies all conditions and
requirements for such variance per application No. VNOO-2.
5. That all the utility company's conditions are met, if any.
Adopted this 2nd day of August 2000.
. ATTEST: Eugene 1. Maxwell, Mayor
Terry Obermaier, City Clerk
.; .,... . ""
CITY OF HOPKINS
Hennepin County, Minnesota
. ORDINANCE NO. 2000-842
ORDINANCE VACATING A PORTION
. OF SIXTH AVENUE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public street in the City of Hopkins,
namely: .
That part of the West Half of Sixth Avenue South, lying northerly of the Easterly
extension of the Northerly right of way of 5th Street South as dedicated in the
recorded plat of WEST MlNNEAPOLIS, Hennepin County, Minnesota, and lying
Southerly of the Northeasterly extension of the Northwesterly line of Lot 7,
AUDITOR'S SUBDMSIONNO. 195
be vacated as a public street.
First Reading: August 2, 2000
. Second Reading: August 15,2000
Date of Publication: August 23, 2000
Date Ordinance Takes Effect: September 12, 2000
Eugene I. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
.