CR 95-155 Approve CHAS3
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Council Report: 95-155
APPROVAL COUNTY STATE AID HIGHWAY (CSAH 3)
RECONSTRUCTION PRELIMINARY PLANS
LAYOUT NO.3, HENNEPIN COUNTY PROJECT NO. 9224
Proposed Action.
Staff recommends adoption of the following motion: "Move that Council
adopt Resolution 95-78. Resolution APproving County State Aid Highway
CCSAR 3) Reconstruction Preliminary Plans. Layout No.3. Hennepin
Countv Project No. 9224."
This action authorizes Hennepin County to proceed to final design
plans and acquire necessary right-of-way, permits and easements.
Overview.
Hennepin county has completed preliminary plans for the reconstruction
of CSAH 3 from Shady Oak Road to 11th Ave South. Before the County
can proceed with design, they must obtain approval from the Hopkins
and Minnetonka City Councils. The plans closely follow the
recommendations of the County Road 3 corridor Study. Adequate right-
of-way is included to allow for widening the roadway and incorporating
appropriate landscape elements. At the council meeting the County's
engineering consultant, Boyd Paulu, from MSA Consulting Engineers will
display the plan and present a summary of key project elements. Mark
Koegler, Landscape architect from Hoisington Koegler Group Inc., and
lead consultant on the County Road 3 Corridor Study, will present
landscape features of the project.
Primary Issues to Consider
o How much additional right-of-way is required?
o Is there significant impact to the abutting residential area?
o What are the options available to address individual property
owner concerns?
o What are the costs?
o How will the project be funded?
o What is the project schedule?
Supporting Information
Proposed Resolution 95-78
preliminary Payment Schedule
Listing of resident and business concerns
Resident letters of concern (2)
project information sheet
nnepin co~~ty~quisition Information Sheet
\,~
Steven J. Stadler, Public Works Director
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council Report: 95-155
Page 2
4It Analvsis of Issues
o How much additional right-of-way is required?
The plan will require additional right-of-way on both sides of
CSAH 3. On the north side along the residential area, from 17th
Avenue to 20th Avenue, a maximum of 5 feet is needed. On the
south side, from Country Kitchen west, 10 feet or less of
additional right-of-way is required.
o Is there significant impact to the abutting residential area?
There are negative impacts to the residential properties between
17th Avenue and 20th Avenue. These issues were brought up at the
August 29th Public Information meeting. Most of the concerns
centered on:
Privacy & Security
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Reconstruction will result 1n the curb being approximately
11 1/2 feet closer to existing homes and garages. In
addition, the 5 foot sidewalk is proposed to be 10 feet
behind the new curb. This means that the proposed sidewalk
will be almost 20 feet closer to homes than the current
walk. Obviously this will result in decreased privacy and
security.
Driveways
Existing driveways will be shortened resulting in less room
for parking and general use.
Hedges and Trees
There are many hedges and trees that will have to be removed
as they are planted within, on or near the existing right-
of-way.
Access to County Road 3
The preliminary plan calls for closing access at 145 20th
Ave So and 135 18th Ave So. Both of these addresses have
existing access from the Avenues.
o What are the options available to address individual property
owner concerns?
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There are many options available. Individual property owner
concerns will continue to be addressed as the project proceeds
toward final design as well as during construction. Some of the
options are as follows:
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council Report: 95-155
Page 3
Incorporate a fence to visually screen County Road 3 and the
sidewalk from the residential properties. The County has
indicated that they may share in the cost. Estimated city
cost for an approximately 900 foot long, six foot high
treated wood fence is $15,000. A fence would provide
consistent treatment in the three block area (17th - 20th
Avenue). It would also allow the necessary boulevard area
for trees, shrubs, safety buffer for pedestrians and snow
storage.
Move the sidewalk closer to the curb. This would obviously
limit or eliminate the possibility of landscape treatments
as recommended in the Corridor study.
Eliminate the sidewalk. This option violates the city's
Comprehensive Plan and Corridor study recommendations.
Generally, it is wise to include sidewalks along maJor
thoroughfares in residential areas.
Each property owner will be paid compensation from the
County for acquisition of additional property for right-of-
way. Compensation could be in many forms, such as: cash
settlement, agreements to pay for planting trees, relocating
trees or shrubs, driveway modifications, etc. This
compensation would be part of the right-of-way costs and
Hopkins would pay half.
o
What are the costs?
The City of Hopkins proposed 1996-2000 CIP shows an overall
project cost of $5.2 million. The city share is $1.64 million.
the city share includes our participation in road reconstruction,
plus:
Additional landscape treatments: $266,000
Underground electrical, 11th Ave - Shady Oak: $244,000
Right-of-way cost: $175,000
Lighting: $313,000
Landscaping, 11th Ave So to Hwy 169: $150,000
Additional city costs for work outside the County Road 3
construction limits on the north and south legs of 11th Avenue
are not available at this time. This work is optional. A
decision on the extent of this work is dependent on available
funds and negotiations with the County on cost participation.
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How will the project be funded?
This project will be funded through general obligation bonds.
Debt service on these bonds will be through a combination of TIF
and MSA revenues. A preliminary payment schedule is included as
supporting information.
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council Report: 95-155
Page 4
What is the project schedule?
The planning and design phases of the project are expected to be
complete late in 1995, with construction to begin in the spring
of 1996.
The construction will be staged to allow for one lane of traffic
in each direction at all times through the project. Access will
also be maintained to all properties/businesses. It is
anticipated that the reconstructed roadway should be open to
traffic after the construction season. However, the extent of
utility work necessary and the time necessary for this work will
influence whether it will be possible to meet this goal. It is
very likely that the final bituminous surface will not be placed
until the 1997 construction season and that the final landscape
items will also be completed in 1997
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 95-78
APPROVAL COUNTY STATE AID HIGHWAY (CSAH 3)
RECONSTRUCTION PRELIMINARY PLANS
LAYOUT NO.3, HENNEPIN COUNTY PROJECT NO. 9224
WHEREAS, Layout No.3, Hennepin County Project
proposed improvement of Excelsior Boulevard
Highway 3), within the limits of the city has
presented to the city.
No. 9224 showing
(County State Aid
been prepared and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Hopkins, that said Layout No. 3 be in all things approved,
that Hennepin County is hereby authorized by the city to
acquire all rights-of-way, permits and/or easements required
for said improvement in accordance with Layout No.3, and
that the city agrees to ban the parking of motor vehicles at
all times and to provide enforcement for the prohibition of
on-street parking on those portions of said Project No. 9224
within its corporate limits.
NOW THEREFORE BE IT FURTHER RESOLVED, that the city intends to use Tax
Increment Financing from a Redevelopment District to finance
a portion of the project cost.
Adopted by the City Council of the City of Hopkins this 5th Day of
September, 1995.
By
Charles Redepenning, Mayor
ATTEST:
James Genellie, city Clerk
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PRELIMINARY - For Discuss'lon Only
Attachment 3
City of Hopkins, MN
General Obligation Bonds (County Road 3 - Area 1)
.
$1,450,000
TOtal" 'TOtal"
1n1mi1 ...... fAr AllIlual
06/01/96
02/01/97
OB/Ol/97
02/01/9B 65,000
08/01/98
02/01/99 65,000
08101/99
02101/2000 70,000
08/01/2000
02101/2001 75,000
08/01/2001
02101/2002 80,000
OB/Ol/2002
02101/2003 85,000
08101/2003
02101/2004 90,000
08101/2004
02/01/2005 95,000
OB/Ol/2005
02/01/2006 100,000
08/01/2006
02/0112007 105,000
. 08/01/2007
02/01/2008 110,000
08/01/2008
0210112009 115,000
08/01/2009
02101/2010 125,000
08/0112010
02101/2011 130,000
08/01/2011
02/0112012 140,000
1,450,000
54,093~33
40,570.00 .
40,570.00
39,010.00
39,Ql0.00
37,417.50
5.000. <....u.37,417-50
iu 35,667.50.
5.100.... ...... u .3s.e67~50 ....
.u............. .. 33,755.00 . '.
5.200/33,755.00
...............31,675.00
5.300. U ...31;~75.oo
i .' 29,42.2.50
5.400..29,422.50
26,992.5()..........
26,992.50 . .
24,380.00 .
24,380.00
~1,630.00
21,630:00
18,637.SO
5.800/u...... '18,637.50
'u 15.447.50
5.900T..u "'15,447.50 '. .. .
T..... 12,055.00 . .
12,055.00
8,~05:bO
6.100 t.................... ,'uuB,305..oo'uU
4.340.00
4,340.00
54,093 .. 54,O~3'
. .' 40;570 "
105,570 146;140'u
39,010
104,010 . .143,020
37,418
1 07,Ug < 144,835
....35,668 .
110,668 .... 146,335 ......
33,755
113,755 ... ....u14 7,510 .u.u
31.675
116.675/ uJ4S,35Q
29.423> .
11!l,4f~ ....
26,993u .
. 1fl;99:r'
24;380
124,380
21,630
J26,630
. 18,6$8)'
128,638.147,275
15,448.
13O,44~
12,055
137.055 14~,tlD
8,305
138,305 146,610/T ..
.4,34Q
1 <<,340u 148,680
4.800u
4.900:........
2000
2001
5.500
5.500
5.700
2007
2008
. 20M
6.000.
"2010
6.200.u
2011
$812,703.33
2,262.703 2,262,703
147,241
Dated:
Interest Start:
06/01/96
02/01/97
Bond Years:
Average Life:
14,056.67
9.69425
Discount:
19,650.00
Average Coupon:
Net Interest Cost:
5.78162%
5.92141%
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Prepared by Ehlers and Associates
07/11/95
(CR3BONOWK4)
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9:43 MSA ST PAUL
P_03
City of Hopkins
Informational Open House
August 29, 1995
3:00 to 6:00 PM
CSAH 3 (EXCELSIOR BLVD)
CSAH 61 (SHADY OAK ROAD) TO 11TH AVE.
HENNEPIN COUNTY PROJECT 9224
SUMMARY OF COMMENTS RECEIVED
Vi Tweed
145 ~ 20th Ave. So.
Hopkins
Mrs. Tweed presented pictures showing her driveway and privacy
fence and landscaping that is along the right-of-way of CSAH 3. She
requested tha.t her driveway onto 20th. St. be left where it presently to
avoid impacting the mature spruce trees to the north of the drive'vvay.
She also expressed a very strong concern for the loss of her privacy
fence, landscaping, and trees due to the location of the proposed
sidewalk.
Response: The driveway can be left where it currently is, however, the fenee,
landscaping and trees along CSAH 3 will be impacted by the project
unless the decision is made to minimize the boulevard area and move
the sidewalk closer to the curb. This would not allow for the
streetscaping as proposed in the Hopkins corridor study. The exact
impacts to the property can not be completely identified until the
construction plans have been developed. The right-ofway acquisition
process will provide opportunity to further discuss these impacts with
Mrs. Tweed.
Marian Grandner
l30 ~ 19th Ave. So.
Hopkins
Expressed a strong concern for the proximity of the sidewalk to her
garage, which is attached to the house. The existing bituminous
sidewalk is about 6.8111 ( 22 ft.) from the garage with the proposed
sidewalk being approximately 1.2m( 4 ft.) fi'om the comer of the
garage. The sidewalk would also require the relocation of a fence in
the back yard of the property. Ms. Grandner also objected to the
extreme relocation of her driveway.
SEP- 1-95 FRI
9:44 MSA ST PAUL
P_04
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Response: The driveway can be adjusted so there is not such an extreme curve,
however there will have to be a slight shift of approximately half the
width of the existing driveway in order to move it out of the radius of
the intersection. The issue of the sidewalk would be the same as with
Mrs. Tweed in that if there is to be room for the streetscaping, the
sidewalk will have to be as shown on the layout. Also as with Mrs.
Tweed, the right-of -way process will provide additional opportunity
to discuss and determine the extent and value of the impacts to the
property.
Mr. and ~1rs, James Stanley
135 - 19th Ave. So.
Hopkins
Would like the lilac bushes located along the r/w relocated or
replaced as a sound/visual barrier/buffer. The sidewalk location at the
new r/w ] ine will cause the driveway to be shortened to the extent that
a parked car could possibly overhang the sidewalk. Mr Stanley
expressed concern over security and general use limitations of the
shortened driveway, along with concern over safety with regard to
access to CSAH 3. He felt that this could be somewhat alleviated
with the construction oftum-around areas on either side of the
driveway. This would also help to reduce the concern over general
use limitations. Mr. Stanley also indicated that the layout was
incorrect and that his driveway is concrete that has been coated black.
Response: The lilacs will be addressed in the R/W process and compensation
established or relocation agreed to, as would the issue of
compensation for use limitations and/or security. The same would be
true for the tum-arounds, the determination of compensation or
inclusion in the construction would be determined in the R/W
negotiation. Driveways are replaced in kind and if the driveway is
concrete, it will be matched with concrete during construction.
.
Laurel Nelson
135 -18th Ave. So.
llapkins
Objects to the elimination of her existing driveway onto CSAH 3
along the east edge of her property. does J~ot like the sidewalk so
much closer to her house and wants a privacy fence constructed ( 12
ft.!!!) along the sidewalk to screen property.
Response: The propelty has a primary driveway on 18th Ave. I the elimination
of tile secondary driveway is a safety issue as the County in all cases
seeks to minimize the number of direct access points onto all county
roads. Providing compensation for encroachment of the sidewalk and
.
SEP- 1-95 FRI
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9:45 MSA ST PAUL
P.05
the acquisition of the necessary R/W is part of the overall RIW
process during which the value of the impacts is determined. This
would include the closing of the driveway.
Ed Rabe and Ken Ballig
Hopkins Auto Mart
Jv1innctonka
Concerned over the visibility issue with regard to the tree planting
contemplated with the streetscaping. Also with the location of the
ped.lbike trail because of the necessity to relocate their lighting and
the Joss of parking area.
Response: Streetscaping in this area remains in question depending on decisions
by the City of Minnetonka. This would also influence the location of
the trail and the impacts to the lights and parking. Compensation for
impacts to the property would be determined during the R/W proc.ess.
Lee Radermacher
rUlnp and Meter Service
I 1303 Excelsior Blvd.
Has landscaping in the area between his building and the road that
was required by the City of Minnetonka as a condition of building a
new building on the back of the property. Is concerned that removal
of the landscaping for the project will put him in violation of his use
permit. The proposed location of the trail is not satisfactory as his
primary access is the front of the building where there is a concrete
stoop and stairs that connect to a side walk along the front of the
building to the west. The trail will have to be moved away from the
building to accommodate this access.
Response: Trail will be moved to 0.5 III from the curb, and the stoop and walk
necessary for access to the building will be reconstructed as
necessary. The City will be consulted as to the status of the
conditional use permit should the landscaping be removed.
Amy Stiele
Hopkins A uto Body
1304 So.2nd St.
Hopkins
Expressed concern that right turn lanes had not been provided at t.he
major business access points to allow turning vehicles the opportunity
to safely make these turns.
Response: Right and left turn lanes have been provided at the major
intersections but the need to acquire additional right-of-way in order
to provide right turn lanes at business access was weighed against the
SEP- 1-95 FRI
9:46 MSA ST PAUL
P.06
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volumes of traffic using the access and it was determined that they
were not necessary. Should any of the business feel that a right turn
lane be necessary and be willing to discuss the right-of-way issue, it
would be possible to include turn lanes at selected locations during
the tinal design process.
Richard G. Thompson:
1200 So. 2nd. St.
Hopkins
Mr. Thompsonts business is the Country Kitchen. He has a sewer
connection to a private service line and would like to explore the
possibility of a new service directly to the main sewer.
Response: Mr. Thompson will be contacted as work on the utility improvements
in the area progresses. The city has a consultant engaged to prepare
plans to upgrade the sewer and water lines in the area from Nine Mile
Creek to 11th Ave. This concern along with the drainage on the
property will be reviewed and analyzed during the detail design and
Mr. Thompson will be consulted.
General Comments:
F our of the six residences between 20th and 17th were in attendance
and all were concerned about the location of the sidewalk in relation
to their house and the loss of trees, schrubs and fences. In addition
several expressed concern about their access to their property. One of
the residents that was not there lives at 135 - 17th Ave. and is
apparently an elderly widow. Because of the impacts to the propelty,
an etTOlt should be made to contact her to review the project and
determine how to deal with the impacts to her driveway and garage.
There was some discussion of the possibility of a privacy/security
fence along all of the residential property that would be placed as part
of the project, this could be one way of mitigating some of the impaet
of the project on these properties.
SEP- 1-95 FRI
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9=42 MSA ST PAUL
ATTENDANCE SHEET
City of Hopkins
Informational Open House
August 29, 1995
3:00 to 6:00 PM
CSAH 3 (EXCELSIOR BLVD)
CSAH 61 (SHADY OAK ROAD) TO 11 TH AVE.
HENNEPIN COUNTY PROJECT 9224
NAME
ADDRESS
37 - 18th Ave. No.
135 - 18th Ave. So.
Mailing address: 5420 three Points Blvd. Mound
Own Property: 701 E. Excelsior Blvd.
.
Ed Rabe
Laurel Nelson
Marlys Langer
Ron Langer
P_02
PHONE
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945-0111
933-8308
472.1686
Ken BaIlig
CUlt ??
57 Monroe Ave. So.
Amy Stiele 1304 - 2nd St. So.
Mr.&~1rs. James Stanley 135 - 19th Ave So.
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Richard Thompson 1200 So. 2nd St.
Lorri Olson, Midwest Management, 750 Pennsylvania Ave
( Hopkins Auto Mall)
Marian Grandner
938-4133
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938-2462
935-7556
938-2268
933-4102
513-5581
Gary Svobodny
~----
Marilyn Johnson
Vi Tweed
Lee Radermacher
137 - 20th Ave. So.
140 - 20th Ave So.
145 - 20th Ave. So
Pump & Meter Service
11303 Excelsior Blvd.
938-7852
935-3588
938-250 I
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F!:'r t.he ~iast year~ the Hl~~~~(ins and Hennepin Count.y
Cj:'~~SLI:lt.ing t:rmsJ en9ineel~sf et.cr ~Iave i:'een dreao)ing U~l ~ll~jl ~\ft.er
~~lan i~egar~jj.ng "IY home and ~IY :shc;p. The ~lla)~ tiefl:;re the city .t.cday
i;~i!:le~\rs t.o be a rec:ipe f~:,r re,juCi}lg FrlY ~lcl~,e t.o a t.h,~)~ough-fal~e_ 1
r~ave -18 feet. 'frciu, n~y dec~~ .to fflV ~,}-'i'Vi~[~: 'fence, s~frubs and flci~~e)~s l:!ll
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encro8ches feet ( I haven't been able to get an exact footage
figure) on the soutn exposure, where you p13n to have a community
wa].~~:i,)'g ~'~3t.~1 a few feet fr~orl) rny do()r. N2)~t. Yi~U ~[lan to t.al<e focitage
on rrlY SOLlt.~iwest. c!:~rner fo)~ a pight. !~and t.urn J.aner whic~1 cornes cll:lser
t.o r~v :L:ivi)~g ~OC!~I. T~lenJ j()U p:lan t() add illSLI1.t. ti:! injury by wipi)19
CIUt. '"(Ij ~,ine alllj t~irch t}~eeSf wl-I:ic~! a)~e ITlj ttuffer fron) t.~ie coul~le)~cial
area.. and direct my Ijri'/2way i~,t.l:) f~Y l:i\jing ri~clrrl window, t"~ien s~~a~~eing
it. ar!:rLllllj t.i) t.I-Ie bac~~ of t.l~e r'il:iLlse. TI-Ie increase in t.l~affic jjLI8 t.':1
'~-/()Li'(' T'er'~Ci\/2.t.icq-1 'J,}ill ciJ.:::,C; lCfC"("i"7::i;SE" t.~-!e nc-cisE' d.'net e:=::r-iaL~5i:. t=ic,llut.ic:"f-j "LC:I:i
~Jr1beal~at,le levels. lei~villq CfiY ~11:lrrle t~ll'11ivei~tileJ unsaleat:le. a)-~d
l~~r1rentable. The re~tresent.ati've of the consLllt.lng flPn~ arr':!Q~i~.tly
reTers to ~his as MINIMAL IMPACT.
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l~2_:~t. ~Ilan ~.s t.::: see what daulage Y!:ILI call ~jc' t.I:~ t,he Aan)ccl sho~'; ~DI-!ic~~
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C!Ci()i~ 2l~t.rance aifllj gr~lb m!JC~i r}eedi~lj fo,:,t.~;ge fc!r ~/CEur rigi-IL LLjl~n 13j1e,
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AGAIG! C;:I_LING IT MINIMAL IMF'AC:T. I w!:!~Jld suggest. yc~u t!LIY au.t. I~IY ~I;:lrrle
at )~e~i:li~celllen.t. value, leaVIng 'Y()LI 'free -t() C~IClrl i.t. LI~I in any manner Vi:IL~
s~lc,uld desi{~e, i:lr rearrar1ge V':'Ltll~ plal'ls in a D)anner t.hat. is not.
ijet.)~ifne{1t'i~1 to 't.l-:e resil,jents ,3nd b~~s:inesse5 c!f t.~le area.
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i)~Crea5ed a)',d T3S1.er rrl':;Vi)'lg t.r~ai'fic wi:ll
~:Il-}l~/ rGa~:-e i-t eaSler '[.1:; t!Y~t2lSS Hc~pk_ins and ~edLI(:e t,he ~conciroic
ef1vi~~OfOe)~t TO~~ -t.!-,e n12:in ~,t~~eet, t!t~lsilless w~licl-i Y;:tU ~dY is t-he pLlr!~~)Se
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August 29, 1995
~ Hopkins City Council.
For the past year we hdve awaited anxiously some
consistency and direction to the various plans materializing
on the County Road 3 project.
Upon viewing the plans August 29th, we finally have
a realistic idea of the projects impact on our properties
and the quality of where and how we live.
Due to the fact that our houses, windows, doors, etc.
will be as close as 18 ft. from the proposed sidewalk, it
concerns us greatly that there has been no mention, as in the
other phases of the project, to buffer our residences from the
evident noise and exhaust pollution. Not to mention the increase
in vehicle and pedestrian traffic.
It seem's inevitable this project is going to proceed,
We feelit crucial that something be done to protect and main-
tain a cleaner and quieter neighborhood for us all.
We insist on your serious consideration to installing
a privacy fence, or any other solutions to help us feel part
of our neighborhoods and not part of County Road 3.
e
Sincerely,
/}J;<--If LL
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PROJECT INFORl\'IA TION
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EXCELSIOR BOULEVARD ( CSAH 3)
SHADY OAK ROAD ( CSAH 61 ) TO ELEVENTH AVENUE
HENNEPIN COUNTY PROJECT 9224
Hennepin County, working together with the Cities of Minnetonka and Hopkins, is developing
plans to improve Excelsior Boulevard (County State Aid Highway 3) from west of Shady Oak
Road (CSAH 61) in Minnetonka to East of 11th Avenue in Hopkins. The project would also
include work on Shady Oak Road and Ii th A venue to provide transitions to the existing
roadways and accommodate future construction.
Improvements to Excelsior Boulevard have been discussed in the past and are being proposed at
this time in response to a number of factors. These include the continuing deterioration of the
roadway, the need to improve safety in the corridor by providing medians and improved turn
lanes at the major intersections and access points, and the correction of drainage problems
through the corridor, particularly in the Shady Oak Road intersection. The proposed project will
also provide the opportunity to accommodate the streetscape/landscape concepts that have been
developed by a task force that has been looking at the entire CSAH 3 corridor trom Shady Oak
Road to east of Blake Road.
Included in the preliminary plans for the improvements are:
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Roadway:
- Four lane, median divided road with turn lanes at the major intersections and
median openings and left turn bnes at major access points.
- Common center left turn lane from 20th to 18th A venues.
Intersections:
- Provisions for two through tramc lanes in each direction plus left and right turn
lanes with tree right turn movements at both Shady Oak Road and Eleventh
A venue.
- Left and right turn lanes provided on C SAH 3 at 17th A venue and the Public
Works/Pavilion entrance.
- Double left turn lane provided for west bound CSAH 3 at II th Avenue.
Traffic Signals:
- Improved traffic signal systems at Shady Oak Road. 17th Ave. and 11 th Ave.
- Provisions to interconnect the signal systems to provide for smoother traffic
now.
Pedestrian/Bicycle Facilities:
- Concrete sidewalk provided along the proposed north right of way line for the
entire length of the project.
- Bituminous pedestrian! bicycle trail provided along the proposed south right-of-
way line with connections to the regional trail to the south.
- Connections to existing trails/sidewalk along Shady Oak Road. 17th. and 11 tho
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Storm Drainage:
~ Improved storm sewer throughout the project.
- New major storm sewer line provided to the south on Shady Oak Road to
provide for improved drainage in the Shady Oak Road intersection and to
incorporate storm water improvements for the adjacent neighborhoods.
Utility Improvements:
- Replacement and/or improvement of public utilities ( sewer and water)
impacted by the construction.
- Relocation or reconstruction of private utilities ( gas. electric, telephone, cable
TV. and other communication facilities) impacted by the construction.
Amenities:
- Provisions for streetscape and landscape items to be placed under other
contracts which would include trees and shrubs, special types of concrete. street
lighting. special signing and other items identitled by the corridor task force and
approved by the appropriate city.
The project is being designed in metric units in response to Federal and State mandates. This will
not result in any noticeable ditference in the appearance of the roadway nor will there be any
metric units used in signing the roadway. The speed limit will remain in miles per hour.
SCHEDULE
The planning and design phases of the project are expected to be complete late in 1995. with
construction to begin in the spring of 1996.
The construction wi II be staged to allow for one lane of traffic in each direction at all times
through the project. Access \vill also be maintained to all properties/businesses. It is anticipated
that the reconstructed roadway should be open to traffic after the construction season. HO\,vever.
the extent of utility \vork necessary and the time necessary for this work will int1uence whether it
will be possible to meet this goal. It is very likely that the final bituminous surface will not be
placed until the 1997 construction season and that the tinallandscape items will also be
completed in 1997.
COST
The project is estimated to cost $3.5million which \vill be split between the County and the cities
in accordance with established policies. The primary source of tunding will be County and
Municipal State Aid ( gas tax). The Cities do not intend to assess any of the costs of the project
to the adjacent properties.
PROCESS
F ollO\ving the informational meetings in the two cities. the layout depicting the main features of
the proposed construction \vill be presented to the respecti\"e City Councils for their approval.
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Once this approval is secured. the final design and preparation of construction plans will begin.
At the same time the acquisition of the additional right-of.way will begin. Representatives of the
County will be in contact with each property owner to review the process. identify the area
affected and begin to establish the value of the property. The design process may incorporate any
special considerations on individual properties that are determined to be necessary during the
right-of-way acquisition process.
Once the construction plans have been completed. they will be presented to the Cities for final
approval. After linal plan approval. the County will advertise for bids and award a contract prior
to the start of construction.
Once construction begins, it is typical for the County and their contractor to hold periodic project
meetings that are open to the residents and businesses. These meetings are used to update all
parties on the status of the construction and provide an opportunity to resolve issues in a timely
manner.
For more information or if you have specifi.c questions. please call:
City of Minnetonka
Lee Gustafson. City Engineer
Phone: 939-8200
City of Hopkins
Steve Stadler. Public Works Director
Phone: 939-1338
Hennepin County Department of Public Works
Transportation Division
Craig M. Twinem. PE. Project Manager
Phone: 930-2536
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REIMBURSEMENT OF LITIGATION EXPENSES
If anyone of the three fallowing conditions exist, the County must reimburse you
for your reasonable casts, disbursements, and expenses, including reasonable
attorney, appraisal, and engineering fees which you have actually incurred. Such
litigation expenses are reimbursable only under these conditions:
1. If the County starts a condemnation action, but the court decides that the
County does not have authority to acquire your property by condemnation, or
- 2. If the County starts a condemnation action and abandons it, or
3. If you. as owner, successfully maintain an inverse condemnation proceeding.
(Inverse condemnation is a legal process by which an owner brings suit
against the County to prove that they have taken compensable property rights
without payment of just compensation).
REIMBURSEMENT OF INCIDENTAL EXPENSES
You are entitled to be reimbursed for fair and reasonable expenses you
necessarily incurred far:
1. Recording fees, transfer taxes, and similar expenses incidental to conveying
your real property to the acquiring agency.
2. Penalty costs for prepayment of any pre-existing, recorded mortgage, entered
into in good faith, encumbering your property.
3. The pro-rate portion of prepaid real property taxes that can be reimbursed in
accordance with state law.
APPEALS
You may file a written appeal with the County in any case in which you believe
that we have failed to properly determine your eligibility for, or the amount of,
a payment required for those expenses incidental to transfer of title to us or
certain litigation expenses as mentioned above. All written appeals, regardless
of form, shall be considered by the County.
In filing an appeal you have the right to be represented by legal counselor
other representative in connection with the appeal, but solely at your own
expen se. In mak i ng an appeal you shall be permitted to inspect and copy a 11
materials pertinent to the appeal, except materials which are classified as
confidential by the County, Reasonable conditions may be imposed upon right to
inspect, consistent with applicable laws.
SUMMARY AND CONCLUSION
What 1S stated here is brief and general. If you desire more information, you
may request assistance from the Right of Way Agent assigned to acquire you
property.
J. \FOR~IS\A[OTNF
Hennepin County Department of Public Works
320 Washington Ave. S~
Hopkins, MN 55343
(612)930-2500
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1. You have been paid the agreed purchase price, or
2. A depos it has been made wi th the court, for your benefi t, in an amount not .
1 es s than the County approved appra i sa 1, or the amount of the award of
compensation in a condemnation proceeding.
Once the County has acquired your property, it may decide to rent it, subject to
termination on short notice. The amount of rent charged you, or another tenant,
wi11 not exceed the fair rental value of the property to a short term occupier.
- DONATIONS
You may make a gift or donation of the property, or any part of it, or of any of
the compensation paid for it, to the County.
You have the right to receive just compensation for the acquisition of the
property if it is desired. You are also entitled to have an appraisal made of
the property along with an offer of just compensation.
However, you may release the County from either or both of the obligations. It
is your option.
CONDEMNATION
If agreement cannot be reached on the purchase of your property the County will
acquire your property by the exercise of the power of eminent domain. If a
situation such as this does occur, the County will institute formal condemnation
proceedings. .
Under eminent domain procedures, the court appointed commissioners may, in their
discretion, allo~ reasonable owner appraisal costs not to exceed $500.
BUILDINGS, STRUCTURES AND IMPROVEMENTS - SINGLE.OWNERSHIP
When the County obtains an interest in your land, it must acquire at least an
equal interest in any buildings, structures or improvements located on the
acquired land, if they are required to be removed or if the highway project will
adversely affect them.
TENANT-OWNED BUILDINGS, STRUCTURES AND IMPROVEMENTS
The County is required to pay for property as if it were in a single ownership
and the contributory value of a tenant's improvements will be paid. In other
words, if you are a tenant who owns a building, structure or improvement on land
required for public purposes, the offer made by the County to the landowner will
include either the fair market value which your building, structure or
improvement contributes to the real property or the fair market value of the
building, structure or improvement for removal from the real property, whichever
is greater. As a tenant QI..ming any buildings, structures or improvements on real
property you must reach agreement with the landowner as to your share of the
sett1ement.
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The County will not take any action which would coerce you into accepting its
offer. Prohibited actions include advancing the time of condemnation, deferring
negotiations or condemnation, or postponing the deposit of funds in court far
your use.
You will have a reasonable length of time to consider the offer. To aid in your
decision you may wish to secure your awn appraisal. Minnesota law provides for
reimbursement by the County in an amount not to exceed $500.00 far the actual
cost of an appraisal of property acquired by direct purchase. Reimbursement
cannot be made, however, until your property is acquired.
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If you elect to accept the offer, you will be asked to sign instruments granting
the County the ri gh t to purchase your property. The County wi 11 at its own
expense furnish all documents necessary to complete the sale, make the necessary
examination of title, and record the instruments of conveyance.
After the documents have been recorded, payment will be processed. If there is
a mortgage and a 11 or a major portion of the property is bei ng acqui red, a
separate check payable to the mortgagee will be drawn for the amount of the
balance on the mortgage plus interest to the date of payment. When the checks
are ready far delivery, one check will be mailed to the mortgagee, who will in
turn give the County a satisfaction of mortgage to be recorded. The check for
the amount of the balance due you will then be mailed.
If on 1 y a part of your property is to be acqui red, the County wi 11 ask for a
partial release of the mortgage. The check will be mailed to you; you and your
mortgagee must then agree on a distribution of the money. Any fee charged by the
mortgagee far issuing a partial release or a prepayment penalty must be borne by
you. When your property is acquired you will be furnished a claim form in which
you may request reimbursement for fees charged by your mortgagee far a partial
release or prepayment penalty.
If all or a major portion of your property is being acquired, it will be
necessary that all current and del inquent real estate taxes, as well as all
special assessments, be paid in full. If only a small portion of your property
is being acquired, any delinquent taxes must be paid, although in some instances
the County may be able to record the documents notwithstandi ng current real
estate taxes due. The County can advise you on payment of taxes due.
The County will make every reasonable effort to avoid litigation by acquiring
your property through direct negotiation.
POSSESSION
If you must move because your home is being acquired, or if you must relocate
your business or farm operation because of the acquisition of your property, you
will be given at lest 90 days written advance notice of the date by which you are
required to move. If you have to move from your home, a decent, safe and
sanitary replacement dwelling must be available to you, on a nondiscriminatory
basis, prior to your displacement.
You are not required to surrender possession of your property until:
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ACQUISITION INFORMATION
FOR PROPERTY OWNERS
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A primary responsibility of the Hennepin County Department of Public Works is the
administration, planning, construction, maintenance and safety control of the
County highway system.
In carrying out this responsibility the acquisition of privately owned real
property is sometimes necessary. The purpose of this brochure is to inform those
individuals whose land must be acquired, of their rights under Minnesota law and
to provide information about the acquisition process.
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Under Minnesota law, the County may acquire property by gift, direct purchase,
or eminent domain proceedings.
EARLY CONTACT
Before the County is in a position to acquire your property, a survey crew may
request permission to enter your land to obtain information for the development
of the proposed improvement.
A field title agent may contact you to learn the nature and interest of involved
parties in the land.
DETERMINATION OF JUST COMPENSATION
An appraisal of your real property will be made before negotiations are started.
(Rea 1 property is defi ned as the ri ghts and interests possessed in 1 and and .
generally whatever is erected, or growing upon, or affixed to, land.) You, or
a representative you designate will be given an opportunity to accompany the
appraiser on his,inspection. This provides you an opportunity to point out any
unusual or hidden features your property may possess.
In preparing the appraisal, the appraiser may not consider an increase or
decrease in the value of your property, prior to the date of valuation, which
results from the highway project or the likelihood that your property will be
acquired for the project. However, any physical deterioration within your
reasonab1e control will be considered in the valuation of your property.
The appraisal is based primarily on studies of recent sales of property in the
vicinity of your property.
The completed appraisal ($) will be reviewed by the County. Based on a review of
the appraisal(s), the County will establish the amount it believes to be just
compensation to be offered for the property.
DIRECT PURCHASE
The County will make a prompt offer to purchase the property for the full amount
it has determined to be just compensation. A written statement will be provided
to you which will include the amount offered and an explanation of the basis for
determining this amount. In cases where only a part of the property is to be
acquired, the statement wi11 separate the amount of compensation to be paid for ...
the property being acquired and the amount (if any) for damages to the remainder. ,.,
If the acquisition leaves you with an uneconomic remnant, the County must offer
to purchase it.