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CR 94-198 CUP - Hanus Bus Facility \ i Y ~ october 24, 1994 + - - . Council Report #94-198 o P K \ ~ . CONDITIONAL USE PERMIT - HANUS BUS FACILITY Proposed Action staff recommends approval of the following: Resolution No. 94-69 aDPrOVlna a Conditional Use Permit for Hanus Bus Co. to locate a bus terminal facility at 1600 Second St.South, continaent UDon execution of a development aareement. Approval of this action will allow execution of the development agreement and allow Mr. Hanus to secure a building permit to construct his bus terminal facility. Overview The City council recently considered an application by Mr. Fred Hanus to locate a school bus terminal facility on a portion of the former NapcojVenturian property south of County Rd. 3. Previously, the Zoning and Planning Commission had reviewed this project and recommended approval contingent upon the applicant meeting a number of conditions including restricting traffic movement from the site to County Rd. 3 to right turns only. The city Council reviewed this application and requested additional analysis by Benshoof and Associates Inc. of both the right turn movement and possibility of a signalized intersection. Following this step, the Council ~irected staff to undertake the following prior to taking specific action on 'lJhe conditional use permit request. · Prepare a development agreement between the city and Hanus Bus Co. detailing the various conditions of the CUP. Attached to this agreement would be a traffic management plan prepared by the applicant detailing how they would deal with traffic movements in and out of the site on an interim basis until such time as there was either an upgraded roadway or intersection improvements undertaken in this area. In response to the above, a development agreement was prepared which is acceptable to both City staff and the applicant. In conjunction with the consideration of this item, attached is a memo from Benshoof and Associates dated October 10, 1994 which details a design alternative which could allow for full movement access points both at the Hopkins Auto Body and Hanus properties. Primary Issues to Consider · What are the specifics of the Development Agreement? · What are the traffic impacts of the project? · What are the specifics of the Traffic Management Plan? SUPDortinq Information · Benshoof & Associates Inc. memo dated Oct. 10, 1994. · Council Report 94-186 · Develop~ent Agreement · Traffic)Ma?ygement Plan . "\" /' ~", - .: (/ -'/"""-- '< JiI\1~Kerriga:n, O-:1rector of P~nning & ECphomic Development ---- ---- ----- -- --------.-- CR #94-198 Page 2 4Itrimarv Issues to Consider o What are the specifics of the Development Agreement? The Development Agreement includes all of the relevant conditions as detailed in the previous staff report. Some of the more important points of this agreement require the applicant to undertake the following: - Agree to comply with the traffic management plan as attached to the Development Agreement. - Applicant shall have full movement access to and from the site conditioned upon meeting the requirements of the traffic management plan. - The City has the ability to place future traffic restrictions on traffic movements from the site as determined necessary and appropriate. - All right turn movements will follow only routes as defined by the City of Hopkins as detailed in the traffic management plan. Initially, right turn movements shall be restricted to a route which takes buses from County Rd. 3 to 169 and then north or south to Hwy. 7 or Hwy. 62. . - If the city were to eventually allow right turning buses to follow a route south on 11th Ave. to 5th st. South, Hanus agrees to pay for all the cost of re-designing and reconstructing the intersection at 11th AVe. South and 5th Street South. - If the city determines the necessity for the construction of a signal at the access point to the subject property, Hanus agrees to the following: * Pay for all costs in conjunction with the installation of such a signal including roadway improvements, engineering and administrative costs, etc. * At any time the city determines the consolidation of access points is necessary and appropriate, Hanus is required to grant an easement for use by Hopkins Auto Body for access to the Hanus/County Rd. 3 intersection. Hanus would be required to construct the necessary frontage roadway improvements within the easement and maintain those improvements. - The employee parking and driveway areas shall be hard surfaced prior to the issuance of the certificate of Occupancy. The bus parking and drive areas will be hard surfaced by no later than July 1, 1996. - A maximum of 75 buses shall be stored or operated from the subject 4It property. - The city can require Hanus to install additional fencing around the perimeter of this site as determined necessary. CR #94-198 . Page 3 0 What are the traffic impacts of the project? If the staff recommendation is approved, there will be no immediate traffic impact to the adjacent property owners. The Hopkins Auto Body access will remain as a full access. Benshoof & Associates Inc. in their memo dated October 10th detailed the process to deal with access for both Hanus and Hopkins Auto Body. This approach would involve first monitoring Hanus's operation once it opens in the fall of 1995 and prior to the upgrading of County Rd. 3 . Based upon this monitoring, a few options would be available in conjunction with the future design of County Rd. 3 . - Plan A. If it was determined that there were no significant safety/ circulation problems, this alternative could be implemented as part of the final plan for the upgrading of County Rd.3. This design would allow for both Hanus and Hopkins Auto Body to retain full movement access drives. Through this design, left hand turn lanes would be provided for Hopkins Auto Body, Hanus, and west of the Napco/Venturian warehouse. - Plan B. This alternative could be implemented if it was determined that two full movement access points within the subject area was or . would create a problem. For this alternative the median cut to Hopkins Auto Body would be closed and any full movement access to and from the site would be from the Hanus driveway via an easement across the Hanus property. Under this alternative, the full movement intersection could be either signalized or remain unsignalized. Benshoof also recommends that if Plan A is implemented that future periodic traffic monitoring be performed and that Plan B could be implemented at such time that this monitoring indicates safety concerns with the 2 full movement access points. Based upon the above design alternative and the recommendation as detailed in this report, staff would attempt to incorporate Plan A into the future county Rd. 3 design plan unless it is determined that the dual access approach will or was causing safety/circulation problems or other negative impacts. 0 What are the specifics of the Traffic Management Plan? The Traffic Management Plan was prepared by Benshoof & Associates Inc. for Hanus Bus company. This plan requires that Hanus comply with the following requirements: - stagger exiting times of buses from the site. - A maximum of 3 buses can only be stacked at one time for purposes of turning left out of the site. Any additional buses entering the . driveway area to exit at this time must turn right. - All buses turning right must follow a route east on County Rd.3 and then either north on Hwy. 169 to Hwy. 7 or south on Hwy. 169 to Hwy.62. CR #94-198 . Page 4 - Manual traffic control at peak hours will be required to be implemented if determined necessary and appropriate. Such a plan would be approved by Hennepin County. - Hanus will need to undertake a reporting process documenting traffic operation action steps and mitigation measures as relates to the Traffic Management Plan. The Traffic Management Plan can be changed at any time in the future if it is determined necessary and appropriate by the City. Alternatives The city Council has the following alternatives regarding this issue. 1. Approve the action as recommended by staff. with approval of this action, the development agreement will be executed. Once the applicant has complied with all of the conditions detailed in that agreement, the city will be able to issue a Certificate of Occupancy. 2. continue for additional information. with this action the Council needs to be clear as to specifically what additional information is needed. . 3. Deny the Conditional Use Permit. To support his action, specific findings need to be developed to support this action. . . - - - -. - .- CITY OF HOPKINS e Hennepin County, Minnesota RESOLUTION NO: 94-69 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMlT FOR A BUS TERMINAL EAST OF 1600 SECOND STREET SOUTH WHEREAS, an application for a conditional use permit, CUP94-2, has been made by Hanus Bus Company; and WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit CUP94-2 was tiled with the City of Hopkins on June 24, 1994. 2. That the Hopkins Planning Commission, pursuant to mailed and published notices, held a public hearing on the application and reviewed such application on July 26 and August 30, 1994: all persons present were given an opportunity to be heard. .... That the written comments and analysis of the City staff were considered. .), e 4. That the report prepared by Benshoof and Associates, dated 6!l4/94 and 9/29/94 was considered. 5, The legal description of the subject property is as follows: Lot 1 Block 1 Stiele Addition NOW THEREFORE, BE IT RESOLVED that the application for conditional use permit CUP94-2 is hereby approved based on the following Findings of Fact: 1. That a bus facility is permitted in an I-I district with a conditional use pennit. BE IT FURTHER RESOLVED, that application for CUP94-2 is hereby approved based on the following conditions: 1. Execution of the Development Agreement attached as Exhibit A. 2. That the site is constructed and improved as per the approved site plan. . ~ ."-~ .w BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7301 OHMS LANE, SUITE 500 / EDINA, MN 55439 I (612) 832-9858/ FAX (612) 832-9564 October 10, 1994 REFER TO FILE: 94-14 MEMORANDUM TO: Jim Kerrigan, City of Hopkins FR.O~'i: TAn '}'l<>~ ~V.L If \,.o.L .:) RE: Proposed Hanus Bus Facility We believe that a plan of action needs to be defined for the access arrangements to serve the proposed Hanus development. To this end, we have developed a preliminary process which we feel will address the issues raised at the October 4th City Council meeting. This process is in draft form and we would like to further discuss this with City staff and Mark Koegler, and then with Fred Hanus, Gary Rappaport, and Ed Stiele. e DRAFT PROCESS FOR IMPLEMENTATION OF COUNTY ROAD 3 ACCESS 1) Construct Hanus/NAPCa full access driveway as detailed in the September 28 Benshoof report with the appropriate Traffic Management Plan and future cross access easements. 2) Pursue further discussions with the County Road 3 Task Force regarding the recommended design for this segment. Since the raised median concept is the p.~ef~~-ed 2.!.t~!11;..ti'}e, t.,:S/:J !'~~w.~er ofticns are: . Plan A - Implement the raised median concept with two access openings: one for Hanus/NAPCO and the other for Hopkins Auto Body. A preliminary plan of this concept is attached. This access option would provide full access to Hopkins Auto Body until such time that traffic issues or problems arise. When or if such traffic issues arise, Plan B could be implemented. . Plan B - Implement the raised median concept with one access opening at the Hanus/NAPCO. This step would close the Auto Body median openi"ng provided in Plan A, construct the cross easement access to the Auto Body site, install a traffic signal and other appropriate traffic . control needs. This is the concept previously developed, Figures 7 and 8 in the September 28th Benshoof report. Mr. Jim Kerrigan -2- October 10, 1994 . 3) Monitor driveway operations between 11th and 17th Avenues identifying traffic safety problems, delays, and collect appropriate traffic data after Hanus opens in the Fall, 1995 and before upgrading of County Road 3. The traffic monitoring would be performed during the a.m. and p.m. peak bus exiting periods, and during the p. ffi. peak hour. Second, traffic volume data should be collected to analyze traffic signal warrants. The results of this monitoring and signal warrant analysis would be used to define the recommended County Road 3 final design option (Plan A or B). The cost for this monitoring and traffic signal warrants analysis is estimated at $1,900. 4) Implement the above Plan A or B option for County Road 3 based on the Step 3 traffic monitoring and analysis results. This option should then be included in the County Road 3 final design plans. If Plan A is implemented, it is recommended that future periodic traffic monitoring be performed. This future monitoring would allow the City to implement Plan B when County Road 3 traffic operations indicate needs for access or safety changes. I lo.ok forward to your comments on this draft process. Please call me after City staff's reView. I i Enclosure (1) . . --. -- -- -- . 200' LEFT TURN LANE 150' LEFT TURN I '( I,' ; ! ! ,'j , I . J"'o. . I .--. ! J 1 .(..1 I '~, I · -I' .--', ---1 .::J : I /'. -. -:" . ( 11./ '" . ---___: I -' I / ". 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L_. � � • --------- : ;..,. ,.-,..,..,,, � i � � .'�••�.-..•.,•,.,. i �� i � ,.•�.-..-..•r��;,, •�.•..•,,-,,. , � �A11��S � � :;;;:-;::--:: ,,;;; . . . . . ; � � ; , ;;;-,.:,,;�:�,..:..,.-:..,.:;,:..;;;. .;,-�: .,..: .,.-:,.,, -,. , R�T _ , � ,, ;,,'•;,;,:�,.•: ;•,.�:.•,,:;�;;,:��, t � l ab � i L 4� � i ' ( + � i. 'i:'i:�i,',; ' ::'. i,, � i/: ii, �',',' ,. � � rTTr � I �'� 'i. 'i,'i::i, iii: i �,�s�.�� Ss.�Gllsr�5 t�� .L'til��Ll l � ' �:: ;;:, , ��:.:..%:;,.;:. ,...,•,. � � , � � .,. ,:�;:::-;::: :,, I I S � � � , :;:'%;:%%•�;::;,:.•. ,: :;,. � '° � ; S`I�'�' � � � ��.,:�, � ' � BENSHOOF & RSSOC. INC. TEL No. 612 832 9564 Oct 27.94 10:45 P.02 .w BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7301 OHMS lANE, SUITE 500 / EDINA, MN 55439/ (812) 832-9858/ FAX (612) 832..s564 October 27, 1994 REFER TO FILE; 94-14 TRANSPORTATION MANAGEMENf PLAN (TMP) FOR HANUS BUS FACILITY HOPKlNS,NUNNrnSOTA TRAFFIC ISSUES AND TMP mnnSOPHY The Hanus Bus Company (HBC) is proposing a 75 bus facility adjacent to County Road 3 in the City of Hopkins. The p~rty will have County Road 3 access, which will be a shared dnveway with the NAPe warehouse property to the west. This Transportation Management Plan (TMP) has been prepared based on the September 29, 1994 lraffie study report by Bensh90f & Associates, Inc. The main e traffic issue to be resolved is for buses to safely and efficiently exit the site, especially d.uring the afternoon peak period. This TMP is based on the service that HBe provides to the Minnetonka School District. If that service is discontinued and/or if other service is added, this TMP will have to be updated or modified as r~uired by the City of Hopkins at any time during the effective time period. Any modi lcations will be lmplemented within 30 days after wriuen notice from the City of Hopkins. This TMP will be in effect until such time that the City of Hopkins cancels the TMP. I i CONTACT PERSON Mr. Fred Hanus Hanus Bus Company address phone MITIGATION MEASURES Four measures of reducing traffic impacts for the proposed development have been identified and are listed in the order of implementation: e 1) stagger times when buses e);it the site 2) extend the time periods during which buses exit the site 3) turn buses to the right on to County Road 3 via designated routes 4) provide manual police control BENSHOOF & RSSOC. INC. TEL No. 612 832 9564 Oct 27,94 10:46 P.03 Hanus Bus Company TMP -2- October 27, 1994 . It should be noted that the founh measure, manual police control, is a last step or fall- back solution. The flIst three measures are ex6.:ted to effectively mitigate the traffic impactS. The appropriate actions taken and w en to initiate these four measures are described in the next section. ACTIONS STEPS AND DOCUMENTATION The actions steps should be i:f.lemented based on certain traffic operational conditions and should then be documen . These actions steps and documentation are described in the next two sections. TRAFFIC CONDITIONS AND ACTIONS STEPS 1) All buses turn left onto County Road 3. a) HBe will stagger exiting buses from me site to minimize impacts and delays at the intersection of County Road 3 and the site driveway. This measure will consist of reducing the number of exiting buses from a maximum of three per minute down to one or [wo exiting buses per minute. . b) HBC will extend the time period for exiting buses during peak exiting periods to a maximum level of one exiting bus per minute. For the afternoon peak ~riodt this would result in buses exiting during a 45 minute period rom 1:40 p.m. to 2:25 p.m. One intended effect of these actions is that not more than two buses are waiting at the same time to turn left onto County Road 3. Daily lOt reports will be kept documenting these provisions and operations. These daily og reports are discussed. in the next section. 2) Buses turn left and right onto County Road 3. If actions la and Ib above stin result in three or more buses waiting to turn left onto County Road 3, then additional action is needed. HBC will provide instrUctions and assignments (0 bus drivers such that a bus driver will tum right onto County Road 3 whenever he/she approaches County Road 3 and finds that [wo buses are ahead wailing to rom left onto County Road 3. The only two routes that right turning buses may use are as follows: . BlJ~es to Northw~t - Buses destined to nonhwest area west of Shady Oak Road will use the following route: eastbound County Road 3, nonhbound TH 169, and then westbound TH 7. . Buses to Southwest - Buses destined to southwest area west of Shadel Oak Road will use the following reute: eastbound County . Roa 3, southbound TH 169, and then eastbound TH 62. These routing options combined with the above action 1 steps are anticipated to provide exiting opportunities which will mitigate the anticipated traffic Impacts. Daily log repom will be kept documenting these provisions and actions. These daily log reports are discussed in the following section. BENSHOOF & RSSOC. INC. TEL No. 612 832 9564 Oct 27,94 10:47 P.04 Hanus Bus Company TMP -3- October 27~ 1994 . 3) As a fall back or extra measure, police officers could provide manual traffic control at peak times. A specific plan for this traffic control would need to developed and approved by City and Hennepin County staffs prior to implementation. It should be noted that this measure is not expected to be needed. REPORTING METHODS To document the traffic operati.ons~ action sr.eps~ and mitigation measures) a detailed reporting document has been developed. This re,port would be completed by HBC and submitted to City staff for the following time penods: . Daily, Monday through Friday, for the first two weeks of HBC's full bus operations . One week (Monday through Friday~r month for the next six months . One day per month, or as determin by the City. for remaining time that TMP is in effect The reponing form is presented on page 4. . e --- I BENSHOOF & ASSOC. INC. TEL No. 612 832 9564 Oct 27.94 10:47 P.OS . Hanus Bus Company TMP -4- October 27, 1994 . REPORTING FORM FOR HANUS BUS COMPANY TRANSPORTATION MANAGEMENT PLAN Name: Day/Date: Bus Exiting Times Start End # of Buses Time l'im.Q Left Out Right Out . Problems/Issues Identified: Yes No If Ye8J what time periods: If Yes, describe the issues: Acdons Taken; Yes No If YesJ describe the action in detail; . Step la: Step Ib: Step 2: Other; . Draft 10/26/94 CONDITIONAL USE PERMIT AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS This Conditional Use Permit Agreement and Declaration of Restrictive Covenants (this "Agreement" ) is made and executed this day of , 1994, by Hanus Bus Company, a - Minnesota corporation ("Owner") . RECITALS A. Owner is the fee owner or contract purchaser of real property located in the City of Hopkins, Hennepin County, State of Minnesota, legally as described as: e Said real property is hereinafter referred to as the "Real Property" . B. Owner has applied to the City of Hopkins for a Condition- al Use Permit to operate a bus facility on the Real Property. Owner intends to improve the Real Property with the structures, parking, driveway and other related improvements (collectively the "Improvements") shown on Exhibit A to this Agreement. C. On November -' 1994, the City Council of the City of Hopkins, Minnesota (the "City" ) approved a Conditional Use Permit (the "Conditional Use Permit") for the operation of a bus facility on the Real Property, subject to the terms, conditions and restric- tions stated in this Agreement and in the Conditional Use Permit. As a condition of such approval, the City has required Owner to . execute and record this Agreement. Owner has agreed i) to accept c: \ file \ hopcivil\ cond use. han such terms, conditions and restrictions, ii) to execute this . Agreement, and iii) to record this Agreement as a servitude upon the title to the Real Property. NOW, THEREFORE, in consideration of the foregoing Recitals and the issuance of the Conditional Use Permit, Owner agrees to the terms and conditions stated in this Agreement and declares that all of the Real Property shall be held, transferred, leased, occupied, used and developed subject to the following terms, covenants, conditions and restrictions: 1. Recitals Incorporated. The foregoing Recitals are incorporated in and made a part of this Agreement in their entirety. 2. Identification of Exhibits. Attached to this Agreement . are the following exhibits, each of which is incorporated in and made a part of this Agreement by reference: Exhibit Description of Exhibit A Site Plan prepared by Wirtanen Clark Larsen Archi- tects B Landscape Plan prepared by Wirtanen Clark Larsen Architects C Utility, Grading, Drainage and Erosion Control Plan prepared by Schoell and Madson, Inc. D Building Elevations prepared by wirtanen Clark Larsen Architects E Concept Layout for the Hanus Bus Traffic Study prepared by Benshoof & Associates, Inc. 3. Traffic Control, Routinq and Road Access Prov-isions. The following terms, conditions and restrictions shall apply to, restrict and govern traffic control, routing and road access: . c: \fiJe\hopcivil \conduse. han 2 . a. Access to Hennepin County Road 3 ( "HeR3 ) from the Real Property shall be limited to the location shown in Exhibit A to this Agreement. Prior to issuance of a Building Permit to Owner for construction of the Improve- ments, Owner shall obtain all required approvals from Hennepin County for such access to HCR3. All access and driveway improvements shall be completed by Owner prior to issuance of a Certificate of Occupancy for the Improvements in accordance with Exhibit E and final plans and specifications approved by Hennepin County and the City. b. Subject to all of the terms and conditions of this Agreement and approval by Hennepin County, Owner shall initially be permitted full access to HCR3. Such access is, however, specifically subject to the City's right to impose the future terms, conditions and restrictions described in this Agreement. c. At the time of execu,tion of this Agreement, Owner will deliver to the City a Traffic Management Plan describing in detail the manner in which Owner will regulate and control movement of buses exiting and entering the Real Property to and from HCR 3 to address the concerns, conclusions and recommendations stated in the Traffic Study prepared by Benshoof and Associates, Inc. dated . September 29, 1994. Such Traffic Management Plan shall be acceptable to City staff. The City shall be entitled, upon written notice to Owner, to require Owner to update the Traffic Management Plan from time to time, as deemed necessary by the City. Owner shall comply at all times with the Traffic Management Plan and agrees that, in the event the City determines Owner is not in compliance with the Traffic Management Plan, the City or a third party consul tant retained by the City may complete a compliance study and Owner shall comply with all recommendations or requirements of said compliance study. Owner agrees to pay all fees and expenses incurred by the City, including independent consultants' fees and time expended by City staff, in completing such compliance study. d. At such time as the City shall determine, in its sole and unqualified discretion, that full access to HCR3 for Owner's use of the Real Property as a bus facility is unacceptable for traffic control, traffic congestion, traffic circulation or traffic safety purposes, Owner agrees that the City may impose, and that Owner shall comply with, such restrictions as the City shall desig- nate to restrict, regulate or control bus traffic from Owner's business, including, but not limited to: i) A restriction that access to and from the Real . Property to HCR3 be limited to right turn movements c: \fi Ie \hopcivil\con duse.han 3 . only or a so-called "right in-right out" driveway access. ii) A restriction that Owner and Owner's employees, agents and subcontractors shall comply with bus routing requirements designated by the City, in its sole discretion, to require that all buses follow specified routes when traveling through the City of Hopkins to avoid the use of residential streets and unnecessary traffic congestion, provided that buses shall be allowed to use residential streets to the extent such use is necessary for the sole purpose of servicing passengers at locations within the City of Hopkins. Owner agrees that it shall imple- ment such restrictions, rules and monitoring re- quirements for Owner's employees as are necessary to insure compliance with the City's bus routing requirements. iii) A specific restriction that all buses turning right from the Real Property to HCR3 shall only travel eastbound on HCR3 to northbound U.S. Highway 169 to State Highway 7 or to southbound U.S. Highway 169 to Hennepin County Road 62. iv) A specific restriction that the City may require . that some or all of the buses turning right from the Real Property to HCR3 shall only travel east- bound on HCR3 to southbound 11th Avenue South to westbound Fifth Street South to westbound K-Tel Drive to Shady Oak Road. If such bus routing is required by the City, Owner agrees that Owner shall pay all costs of redesigning and reconstructing the radius of the intersection of 11th Avenue South and Fifth Street South as necessary to accommodate turning of buses. Payment of such costs shall be by special assessment against the Real Property in accordance with the provisions of Paragraph 18 of this Agreement. The City shall notify Owner, in writing, of the imposi- tion of the restrictions referred to in this Subparagraph 3, d. , and Owner agrees that Owner shall comply with all such restrictions within thirty (30) days of the delivery of such notice. 4. Future Traffic Signal. At any time after the date of this Agreement, the City, in its sole discretion, shall be entitled to install or require Owner to install a traffic semaphore and . signalized intersection (such traffic semaphore, si,gnalized c: \fi1e\hopcivil \conduse. han 4 . intersection and any related signal, utility, mechanical, road, driveway, turn lane and access improvements being hereinafter collectively referred to as the "Traffic Signal Improvements") at the access from the Real Property to HCR3, upon the following terms and conditions: a. The City shall notify Owner, in writing (such written notice being hereinafter referred to as the "Traffic Signal Notice"), that Owner is required to make applica- tion to Hennepin County for the permits and approvals required for installation of the Traffic Signal Improve- ments and otherwise proceed with the engineering and construction work described in this Paragraph 4. For a period of sixty ( 60 ) days after delivery of the Traffic Signal Notice to Owner, Owner shall be entitled to submit to the City such traffic studies, traffic management plans and other information as Owner shall deem appropriate relative to the need for installation of the Traffic Signal Improvements. The City shall review the information submitted by Owner and consider alternatives to installation of the Traffic Signal Improvements, but the final determination as to whether the Traffic Signal e Improvements are to be installed shall be made by the City in its sole discretion. In the event the City determines that the Traffic Signal Improvements are to be installed, the City shall notify Owner in writing of this determination ( such written notice being hereinafter referred to as the "Notice to Proceed"), and Owner shall exercise its best efforts and proceed with all due diligence to obtain all permits and approvals required for installation of the Traffic Signal Improvements. The Notice to Proceed shall state the dates by which Owner is required to obtain the approvals described in this Subparagraph 4, a. and complete the engineering and construction work described in Subparagraphs 4, b. and c. , below. If Owner fails to obtain such approvals by the date specified in the Notice to Proceed, the City may, in its discretion, join in such application and seek approval from Hennepin County for installation of the Traffic Signal Improvements. At such time as the required approvals have been obtained from Hennepin County for installation of the Traffic Signal Improve- ments, Owner or the City, as the case may be, shall proceed with completion of the engineering and construc- tion work described in Subparagraphs 4, b. and c. b. If the Notice to Proceed states 'that Owner is required to arrange for completion of engineering work for the . Traffic Signal Improvements, Owner shall engage at his c: \file \hopcivil \conduse.han 5 . expense a Minnesota registered civil engineer approved by the City to prepare detailed plans and specifications for the complete installation of the Traffic Signal Improve- ments in accordance with all applicable codes, ordinances and regulations. Such plans and specifications shall be acceptable to the City Engineer and the Hennepin County Public Works Department, and the City and Hennepin County shall be entitled to review such plans and specifications and require reasonable modifications thereto prior to final approval. The Owner through his engineer shall provide for a competent inspection of all of the Traffic Signal Improvements as required by the City Engineer. c. If the Notice to Proceed states that Owner is required to complete the installation of the Traffic Signal Improve- ments, Owner shall, after obtaining the required approv- als from Hennepin County and completion of the engineer- ing plans and specifications, proceed with all due diligence to complete the installation and construction of the Traffic Signal Improvements and shall exercise its best efforts to complete the Traffic Signal Improvements no later than the date stated for the completion thereof in the Notice to Proceed. All work for the construction of the Traffic Signal Improvements shall be performed by a contractor or contractors acceptable to the City, in its sole discretion, but under the supervision and . control of the Owner, and shall be subject to the review and approval of the City Engineer, and, where appropri- ate, Hennepin County and any other governmental agency having jurisdiction. In the event the City, in its sole discretion, shall determine that all or any portion of the work for the installation of the Traffic Signal Improvements is subject to the competitive bidding requirements of Minn. Stat. 471.345 or the City's Charter, and upon written notice to Owner, Owner agrees that such work shall be competitively bid in accordance with the requirements of Minn. Stat. 471.345 and the City Charter. d. All costs associated with the approval, design and construction of the Traffic Signal Improvements, includ- ing, but not limited to, time expended by City staff and all fees and costs incurred by the City for engineers, consultants and attorneys are herein referred to as the "Traffic Signal Improvements Costs". Owner agrees that the City may cause all of the Traffic Signal Improvements Costs to be recovered as a special assessment against the Real Property under Minn. Stat. Chapter 429, in which case Owner agrees to pay the entire amount of such assessment as provided in Paragraph 18 of this Agreement. Owner shall be entitled to seek to obtain other sources of payment for the Traffic Signal Improvements Costs, . including agreements from other benefited land owners to c: \fi le\hopcivil \conduse.han 6 . have a portion of the Traffic Signal Improvements Costs assessed against land other than the Real Property, but the City shall have no obligation to assist Owner in doing so and Owner shall remain responsible for payment of all Traffic Signal Improvements Costs in the event Owner is unsuccessful in obtaining other sources of payment therefore. e. In lieu of requiring Owner to obtain the approvals described in Subparagraph 4, a. and complete the engin- eering and construction work described in Subparagraphs 4, b. and c. , above, the City may[ in the City's sole discretion[ elect to itself obtain[ perform or complete all or any part of such approvals [ engineering or construction work. In addition[ if the Owner fails to obtain, perform or complete any of said approvals, engineering work or construction by the date (s) stated in the Notice to Proceed for such completion by Owner, Owner agrees that the City may, in its sole discretion, elect to obtain[ perform or complete such approvals, engineer- ing work or construction on Owner's behalf, J..n which event Owner shall cooperate with the City and facilitate the completion of the Traffic Signal Improvements. In any case[ Owner agrees that the Traffic Signal Improve- ments Costs to be assessed against the Real Property shall include all costs incurred by the Owner and by the e City in obtaining, performing and completing the approv- als[ engineering work and construction of the Traffic Signal Improvements described in this Section 4. 5. Easements. Owner agrees to acquire, grant or provide the following easements: a. At the time of execution and recordation of this Agree- ment[ and as a condition of issuance of the Conditional Use Permit, Owner shall execute and record against the title to the Real Property a Reciprocal Easement Agree- ment, in form and content acceptable to the City, establishing reciprocal easements with the owner of the adjacent land to the west for driveway and access purposes to HCR3. Such reciprocal easements shall be in the location shown on Exhibit A to this Agreement[ shall be perpetual in duration and shall burden and benefit both the Real Property and the adjacent land to the west. Such Reciprocal Easement Agreement shall be executed by the owner of the adjacent property to the west, and Owner shall provide the City with evidence of title[ acceptable to the City, establishing that the Reciprocal Easement Agreement creates valid, perpetual driveway and access easements over the Real Property and the adjacent . property to the west. Such Reciprocal Easement Agreement c: \file \ hopcivil\cond use.han 7 . shall also provide that the adjacent property to the east shall be benefited by the Reciprocal Easement Agreement in the event of establishment of the driveway and access easement described in Subparagraph 5, b. of this Agree- ment. Owner shall deliver a copy of the recorded Reciprocal Easement Agreement to the City promptly after said Easement has been recorded. b. At such time as the adjacent land to the east of the Real Property no longer has full-movement access to HCR3, the City shall be entitled to require, by written notice to OWner, that Owner establish, by a recorded Easement, a driveway easement benefiting the adjacent land to the east for access to HCR3 by means of the access improve- ments to be installed on the west side of the Real Property as depicted in Exhibit E to this Agreement. Such driveway easement shall be in the approximate location shown on Exhibit E to this Agreement, and shall be provided at no cost to the owner of the adjacent land to the east. Owner agrees that it shall, at Owner's sole expense, complete all driveway and related improvements for such driveway easement, such driveway and related improvements to be completed to design standards acceptable to the City. The driveway improvements presently installed in the area of the driveway easement shown on Exhibit E to this Agreement may be maintained in ~ their present condition by Owner pending the _ establishment of the driveway easement benefiting the ad jacent land to the east, provided that Owner shall maintain such driveway improvements in a reasonable state of repair. The recorded Easement shall specif ically provide that Owner is responsible for all costs of maintenanc~ and repair (including snow plowing) of the driveway to be installed within this driveway easement. Owner shall deliver a copy of the recorded said Driveway Easement to the City promptly after said Easement has been recorded. 6 . Reimbursement of Costs to Ci tv. Owner agrees, upon receipt of written request therefore from City, to reimburse the City for the following costs: a. All of the reasonable attorneys' fees and related expenses incurred by the City in the drafting, negotia- tion and execution of this Agreement. b. All fees and expenses incurred by the City, including independent consultants' fees and time expended by City staff, within twenty-four (24) months following the date of execution of this Agreement, in preparing traffic . c:\fiIe\hopcivil\conduse.han 8 . studies to further assess the effects of traffic generat- ed by Owner's use of the Real Property. 7. Storm Sewer and Storm Drainage Im~rovements. All storm sewer improvements shall be located on the Real Property and completed by Owner, at Owner's expense, in accordance with the Utility, Grading, Drainage and Erosion Control Plan attached to this Agreement as Exhibit C. Storm water run-off and drainage measures and improvements are also to be completed, at Owner's expense, as specified in Exhibit C to this Agreement. 8. Landscapinq and Landscapinq Irriqation Requirements. All landscaping on the Real Property shall be completed and maintained by Owner, at Owner's expense, in accordance with the Landscape Plan attached to this Agreement as Exhibit B (except that the sizes of the plantings shown on the Landscape Planting Schedule shall be e increased to conform to the City Code requirements) and shall otherwise comply with all ordinance, codes and regulations of the City of Hopkins. Owner shall install and maintain, at Owner's expense, an irrigation system for the landscaping to be installed between the employee parking area and the south right-af-way line of HeR3. 9. Trash Dumpsters. All trash dumpsters, trash receptacles and recycling containers on the Real Property shall be enclosed within screened enclosures approved by the City. 10. Fuel Storage Tanks. All fuel storage tanks on the Real Property shall be installed underground, and shall be otherwise installed and maintained in accordance with all applicable codes, . regulations and ordinances. c; \file \hopcivil \cond use, han 9 11. Exterior Materials. All exterior roofing materials for . the improvements to be constructed on the Real Property by Owner shall be of earth-tone colors approved by the City. All exterior areas identified as "masonry-base" on the Building Elevations attached as Exhibit D to this Agreement shall be brick or other masonry materials acceptable to the City. All exterior cedar siding shall be maintained in a sealed or stained condition. 12. Pavinq Requirements. The employee parking area and driveways designated on Exhibit A to this Agreement as hard- surfaced paving areas shall have hard-surfaced paving installed, in accordance with plans and specifications approved by the City, prior to issuance of a Certificate of Occupancy for the Improve- ments. All other parking and driveway areas shown on Exhibi t A e shall have crushed rock paving surfaces installed thereon prior to issuance of a Certificate of Occupancy for the Improvements and hard-surfaced paving installed thereon, in accordance with plans and specifications approved by the City, no later than July 1, 1996. 13. Limitation on Number of Buses. Owner agrees that no more than seventy-five (75) buses shall be stored upon or operated from the Real Property at any time. This shall include sixty-three ( 63) buses for regular use, seven (7) buses for sports and activities use and five ( 5 ) buses for shop or spare use. 14. Other Governmental Approvals. Owner shall obtain, prior to issuance of a Building Permit for the Improvements, all required approvals and/or permits from the Minnesota pollution Control . Agency, Hennepin County, the Nine Mile Creek watershed District and c: \file \ ho pcivil\conduse.ha n 10 . any other governmental authorities required for the operation of Owner's business on the Real Property. Owner shall maintain all such required permits and comply therewith at all times. 15. Screeninq. Owner shall install and maintain slatted or screened fencing at all times as shown on the Landscape Plan attached to this Agreement as Exhibit B. Owner shall also install and maintain such additional slatted or screened fencing around the perimeter of the Real Property as the City shall in the future reasonably require upon sixty (60) days written notice to Owner. All fencing installed on the Real Property shall be constructed to a height specified by the City. 16. Compliance with Site Plan. All of the Improvements on the Real Property shall be constructed, completed and maintained by e OWner in accordance with the Site Plan attached to this Agreement as Exhibit A. 17. Public Address System. Owner agrees that no public address system shall be installed or maintained on the Real Property. 18. Special Assessments. Owner acknowledges and agrees that all costs of redesigning and reconstructing the intersection of 11th Avenue South and Fifth Street South, as described in Paragraph 3, d. , iv. of this Agreement, and all of the Traffic Signal Improvements Costs described or referred to in Subparagraphs 4, d. and e. of this Agreement may be assessed against the Real Property and recovered as a special assessments under Minn. Stat. Chapter 429. Owner hereby waives any right to notice of or objection to . c: \ file \ hOpcivi 1\ cond use. ha n 11 . such assessment and any other provisions of state or local law providing for notice or objections. 19. Nature of Restrictions. The terms, conditions and restrictions established by this Agreement shall run with the title to the Real Property and apply to and bind the Owner and each and every subsequent owner of any part of the Real Property and their respective successor and assigns, and shall operate as a covenant passing with the title to the Real Property and any part thereof. Such terms, conditions and restrictions are imposed upon the Real Property as a servitude in favor of the City of Hopkins, Minnesota, for its benefit only. The terms, conditions and restrictions established by this Agreement are perpetual in duration, except as may be specifically otherwise provided in this Agreement. The . terms, conditions and restrictions established by this Agreement may, however, be terminated and released at any time, in whole or in part, by the City by means of a written Release, in recordable form, duly executed by the City, provided that the City shall be under no obligation to release any of such terms, conditions or restrictions. 20. Enforcement of AQreement. The terms, conditions and restrictions established by this Agreement shall be enforceable exclusively by the City of Hopkins, Minnesota, and shall be enforceable by injunctive relief, prohibitive or mandatory, to prevent the breach of or enforce performance or observance of the terms, conditions and restrictions established by this Agreement, or by any other appropriate legal remedy. In addition, upon the . violation of the terms, conditions and restrictions established by c: \ fi Ie \ hopcivi 1\ cond use. han 12 . this Agreement, the City may revoke the Conditional Use Permit or subsequent additional permit issued to Owner for the any or operation of Owner's business on the Real Property and/or may enforce any other remedy or sanction provided by Minnesota Statutes or the Ordinances of the City of Hopkins. Owner acknowledges that the rights of the City to enforce performance of the terms, conditions and restrictions established by this Agreement are special, unique, and of an extraordinary character and that, in the event Owner violates or fails or refuses to perform any term, condition or restriction established by this Agreement, the City may be without an adequate remedy at law. Owner agrees, therefore, that in the event Owner violates any term, condition or restriction established by this Agreement, the City, may, at its option, . initiate and prosecute an action to specifically enforce the performance of the terms, conditions and restrictions established by this Agreement. No remedy specified in this Agreement is intended to be exclusive, and each remedy shall be cumulative, and in addition to each and every other remedy. Failure of the City to enforce any of the terms, conditions and restrictions established by this Agreement in any particular instance shall in no event be deemed to be a waiver of the right to do so as to any subsequent violation. Owners agrees that Owner shall pay the City's reason- able attorneys' fees and expenses incurred in the enforcement of the terms, conditions and restrictions of this Agreement. 21. Notices. Any notice, request or other communication required or provided to be given under this Agreement shall be in . writing and shall be deemed to be duly given when delivered c: \file \ hopciviJ\conduse. han 13 . personally to an officer of Owner or to the City Manager of the City or when mailed by first class United States Ma iI, postage prepaid, addressed as follows: To Ovmer: Hanus Bus Company Attention: Fred Hanus To City: City of Hopkins Attention: City Manager 1010 First Street South Hopkins, Minnesota 55343 or to such other address as either party, by notice given as herein provided, shall designated. Mailed notice shall be conclusively deemed to have been given two ( 2 ) business days after the date of' mailing. 22. Severability. Invalidation of any of the terms, . conditions or restrictions of this Agreement, whether by Court Order or otherwise, shall in no way affect any of the other terms, conditions and restrictions, all of which shall remain in full force and effect. 23. Headinqs. The headings and captions at the beginnings of paragraphs of this Agreement are for convenience of reference only, shall not be construed as a part of the text of this Agreement and shall not influence its construction. 24. Execution of Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which - shall be an original, and all of which shall constitute one and the same instrument. 25. Construction. This Agreement shall be construed and . enforced in accordance with the laws of the State of Minnesota. c: \fi Ie \hopcivil \conduse .ha n 14 26. Evidence of Title and Recordation of Conditional Use . Permit. Prior to the execution of this Agreement, Owner shall provide the City with evidence of title to the Real Property, at Owner's expense, in the form of a current Title Opinion or Commitment for Owners' Title Insurance. Owner shall cause this Agreement to be executed by or consented to by all persons holding any interest in the title to the Real Property, or lien thereon, as deemed necessary by the City. Owner agrees to cause this Agreement and the Conditional Use Permit to be filed for record as a restric- tion against the title to the Real Property. IN WITNESS WHEREOF, Owner has executed this Agreement as of the date and year first above written. . Hanus Bus Company By Its STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of , 1994, by , the of Hanus Bus Company, a Minnesota corporation, on behalf of the corporation. Notary Public . c: \ fiJe\hopcivil\cond use.han 15 . THIS INSTRUMENT WAS DRAFTED BY: . Vesely, Miller & Steiner, P.A. 400 Norwest Bank Building 1011 First Street South Hopkins, Minnesota 55343 . . c: \file \ hopcivil\conduse.han 16 =---. - ---LJ-- <tj E-; H !Xl H I ::z:: I L ! fj I I i C i ! ! 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