CR 92-59 Vacation - Tyler Ave
February 27, 1992
o
'"
cauncil Repart 92-59
P K
VACATION - TYLER AVENUE
ProDosed Action.
Staff recammends
Resolution 92-24
Tvler Avenue.
.the fallawing matian:
denvinq Ordinance 92-704 to.
Move to approve
vacate part af
Mr. Hutchisan moved and Ms. Reuter seconded a motion to. recammend
appraval of the vacatian of Tyler as requested by the applicant.
The vote was as follaws: Hutchisan, aye; Reuter, aye; Pavelka,
nay; Day, nay; Winship, nay; Chapman, nay; Racek, abstained. The
matian failed cn a 2-4 vate.
Overview.
EClco is prapasing to canstruct an addi tion to their existing
building at 845 Tyler Avenue. This area is zaned I-1 which
requires a 20 foot setback abutting Tyler Avenue. This additian
is needed far additianal affice space.
The staff reviewed the prapased addition and advised the
applicant that either a variance wauld have to. be requested or
that Tyler Avenue had to. be vacated to. pravide the necessary
setback area. The applicant has decided to request the vacation
af Tyler Avenue.
There has been discussian af cannecting Tyler Avenue narth af the
railraad tracks at same future date to provide another cannection
between 2nd Street N.E. and Excelsior Avenue. Tyler Avenue is
the only raad that cauld be connected in the future. No. farmal
study had previausly been done cn the issue af cannecting Tyler
Avenue.
At the January Zoning and Planning meeting, the Planning
Cammission continued this item in order far a study to. be
ccmpleted on the Tyler Avenue cannectian. The attached memo.
states the recammendatians of the traffic cansultant.
o
o
a
o
Issues to Consider.
Is the partian of Tyler Avenue requested to. be vacated
needed far street purposes?
What ather aptians does the applicant have?
What were the staff actians during the past IDanth?
What was the recommendatian af the traffic consultant?
What are the cancerns af Edca?
primary
o
supportinq Documents.
o Analysis of Issues
a Lacation Map
o site Plan
o Resolution 92-24
o Ordinance 92-704
o Memo from Jim Benshaof
on~~~
Nanc S. Andersan
Planner
CR92-59
Page 2
NOTES FROM ZONING AND PLANNING
staff reviewed the applicants request with the cammission. Jim
Benshoaf, a traffic consultant, reviewed his memo. with the
Commission.
Steve Hanlon and Jerry Gustafsan frcm Edco appeared before the
Cammission. Mr. Hanlan stated they needed to expand their affice
building and needed the vacatian af Tyler to get the required
setback. Mr. Hanlan stated they wanted to. get started as soon as
passible. Edco also desires to. have Tyler Avenue vacated because
they are cancerned that if Tyler Avenue is ever impraved as a
public street, their aperatians will be negatively affected.
There was a great deal of discussian af the pras and cons of
vacating Tyler. The Cammissian also. discussed the cptian of the
applicant requesting a variance. Mr. Hanlon stated that if a
variance was granted, the building wauld be too. clase to the
street if Tyler was connected.
Mr. Pavelka opened the public hearing at 8:03. Being there were
no. camments from the public, the hearing was closed at 8:04.
The Commissian' discussed granting a variance far the setback.
The commissian suggested that the applicant cansider returning
with a variance request.
CR92-59
Page 3
pr~mary Issues to Consider.
o Is the portion of Tyler Avenue requested to be vacated
needed for street purposes?
The staff has reviewed the request and determined that the area
requested to be vacated is needed in the future if Tyler Avenue
is connected. There has been talk in the past af connecting
Tyler Avenue. A cannectian at Tyler wauld pravide another access
between 2nd street N.E. and Excelsiar Avenue.
In laoking at the area, Tyler Avenue is the lagical raad to.
pravide a narth/ sauth cannectian. Van Buren is the only ather
raad that gaes thraugh to. the railraad tracks, but Van Buren is
vacated on the north side of the tracks. The ather streets in
the area, Harrison, Palk and pierce do. nat go. as far narth as the
railroad tracks.
If Tyler is vacated an easement will be required for any
utilities in the right-af-way.
o What other options does the applicant have?
The staff has spent a great deal of time examining and discussing
ather optians for the applicant. It seems the ather aptians are
the fallowing: 1) request a variance, 2) request to vacate only a
small part af Tyler Avenue to. pravide the 20 faat setback, 3)
reduce the size or redesign af the addition.
In this case granting a variance wauld appear on the surface to.
satisfy all concerns. Hawever, it appears the applicant daes nat
want a variance. Edca staff have a cancern that if they
canstruct near the right-cf-way and Tyler is eventually develaped
it cculd have a negative impact an their building. If Edco
requested a variance it would be necessary to. identify a hardship
situatian.
The secand aption is to. vacate anly enaugh af Tyler Avenue to.
pravide the 20 foot setback. The City Engineer has reviewed this
optian but has nat recammended it be used. Tyler Avenue has a 66
faat right-af-way. If Tyler Avenue is extended to the narth,
there may be a need far a 48 faat paved area, which leaves 9
feet on each side af the paved area. This 9 feet would be used
for sidewalk and boulevard. All 66 feet wauld. be used far raad
purposes.
The last aption is to reduce the size af the addition, ar to.
redesign the building to meet the 20 foot setback. The staff has
discussed this with the applicant. The applicant is not willing
at this time to. reduce the size af the building. From a design
standpaint city staff have discussed the passibility af a two
story building which is also. not acceptable to. Edco.
CR92-59
Page 4
o What were the staffs activities during the past month?
Fallawing the January meeting the staff contacted Jim Benshoaf a
traffic cansultant regarding the Tyler Avenue connectian. At
Edco's request, Mr. Benshaaf and the Ci ty staff met with the
representatives of Edca at their site during the manth.
o What was the recommendation of the traffic consultant?
After the last Zoning and Planning meeting the staff contacted
Jim Benshoaf from Benshoof and Assaciates regarding a further
analysis of the Tyler Avenue connectian. In 1989 Mr. Benshoof's
firm completed the Phase I study far the future expanding af
County Road 3 between 5th avenue and Blake Raad.. His firm is naw
undertaking Phase II af the Caunty Raad 3 study, which has not
yet been completed. Althaugh the studies are nat facusing an
the Tyler Avenue connection, the Tyler Avenue cannection is
discussed as one optian to. upgrade the Caunty Road 3 ccrridar.
His recammendation was not to. vacate Tyler Avenue at this time.
Attached is the memo from Jim Benshaaf.
o What are the concerns of Edco?
Edca's main cancern at this time is securing City approval to
allaw them to. construct an expansian to. their office building.
Hawever they also have a cancern abaut the impact the cannectian
af Tyler wauld have an their future expansian and aperatian.
They have indicated. that such a cannection could have the
follawing negative impacts:
restrict mavement between buildings with forklifts and
trucks
reduce available parking
cause pctential access problem
Alternatives.
1. Approving vacating Tyler Avenue as requested. By appraving
the vacation, the applicant will be able to canstruct the
prapased building.
2.
Denial of
applicant
additian.
the
will
vacaticn. By
nat be able
denying the
to. canstruct
vacatian, the
the prapased'
3.
Continue for further infarmaticn.
indicates that further information
shauld be continued.
If the City Council
is needed, the item
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CITY OF HOPKINS
Hennepin Caunty, Minnescta
ORDINANCE NO. 92-704
AN ORDINANCE VACATING PART OF TYLER AVENUE NORTH
BE IT ORDAINED by the ci ty Council of the ci ty of
Hopkins as follows:
That the following described thoroughfare in the
followings designated area in the city of Hopkins is hereby
vacated as a public thcroughfare:
That part of Tyler Avenue North, ariginally dedicated on the
recorded plats of West Minneapolis Center and "Anderson's
. 1st Addition to st. Louis Park" and naw to be vacated, which
lies southerly of the southerly right-of-way line the Soo
Line Railroad Company (farmerly the Chicago, Milwaukee and
st. Paul Railway, Hastings and Dakota Divisian), and lying
northerly af the following described line:
Commencing at the most nartherly corner of Tract A,
Registered Land Survey No.. 248, Hennepin County, Minnesota,
thence easterly at a right angle to. the westerly line of Lot
90, Auditors Subdivision NuNber 239, Hennepin county,
Minnesota and said line there terminating.
First Reading: March 2, 1992
Second Reading: March 17, 1992
Date of Publication: April 1, 1992
Date Ordinance Takes Effect: April 21, 1992
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 92-24
RESOLUTION MAKING FINDINGS OF FACT AND DENIAL
OF AN APPLICATION FOR A VACATION
WHEREAS, an' application far a vacation entitled VAC 91-4
made by EDCO praducts is denied.
WHEREAS, the pracedural history af the applicatian is as
follows:
1. That an application for a vacatian VAC 91-4
was filed with the City af Hapkins an October
24, 1991.
2. That the Hapkins Planning Cammission reviewed
such applicatian an January 28, 1992.
3. That the Hapkins Planning Cammission,
pursuant to. published and mailed notice, held
a public hearing an January 28, 1992 and
February 25, 1992: all persans present at the
hearing were given an oppartunity to. be
heard.
4. That the written camments and analysis of the
City Staff and the Planning Cammission were
cansidered.
NOW THEREFORE BE IT RESOLVED, that application for VAC 91-4
is hereby denied based an the following Findings
af Fact:
1. That Tyler Avenue is needed fcr a possible
extensian in the future which wauld provide for a
cannectian af Secand Street NE and Caunty Road 3.
Adcpted this 2nd day of March, 1992.
Nelscn W. Berg, Mayor
ATTESTS:
James A. Genellie, City Clerk
BENSHOOF & ASSOCIATES, INC.
TRANSPORTATION ENGINEERS AND PLANNERS
7301 OHMS LANE, SUITE 500 1 EDINA, MN 554391 (612) 832-98581 FAX (612) 832-9564
February 14, 1992
REFER TO. FILE:
92-08
MEMORANDUM
TO:
FROM:
RE:
Nancy Anderson, City of Hopkins
James A. Benshoo~A~
Proposal by Edco Products, Inc. to. Vacate a Portion of Tyler Ave.
South of Railroad Tracks
PURPOSE AND BACKGROUND
In response to yaur request we have reviewed the traffic implications regarding the
proposal by Edco Products, Inc. to vacate a portion of Tyler Ave. immediately south of
the railroad tracks. The two key questians addressed through this review are: I) Do
public traffic needs exist to preserve the Tyler Ave. right-of-way? and 2) Would any
adverse traffic impacts be caused if the Tyler Ave. right-of-way were vacated as
proposed by Edca Products, Inc.?
To. address these questions, we related to the work we have been performing since the
fall of 1989 to analyze traffic needs in the CSAH 3 corridor between 5th Ave. and
Blake Rd. Also, we met with representatives of Edco Products, Inc. to understand
their needs, their development objectives, and their particular reasons for the proposed
vacation of a portion af Tyler Ave. The meeting with Edco representatives was
beneficial in providing insights regarding the history of their operation and the
opportunities and constraints affecting their future operation on the Hopkins site.
For background purposes, it is important to understand that between Milwaukee St. and
Blake Rd. public rights-of-way are provided for five streets north of CSAH 3-- V an
Buren Ave., Harrison Ave., Tyler Ave., Palk Ave., and Pierce Ave. Of these five
street rights-af-way, the rights-of-way only for Van Buren Ave. and Tyler Ave. extend
.the full distance between the railroad tracks and CSAH 3. The rights-of-way for the
other three streets terminate just a short distance north of CSAH 3. The Tyler Ave.
right-of-way sauth of the railroad tracks is aligned directly with inplace Tyler Ave.
north of the railroad tracks, which extends north to Lake St.
This memorandum next discusses the Phase I .and Phase 2 results from the CSAH 3
corridor study that pertain to Tyler Ave., followed by our overall conclusions.
Ms. Nancy Anderson
2-
February 14, 1991
FINDINGS REGARDING TYLER AVE. FROM PHASE 1 CSAH 3 CORRIDOR
STUDY
The CSAH 3 Corridor Study was initiated in the fall of 1989 to address traffic issues
(1.long CSAH 3 between T.H. 169 and Blake Rd. Two principal purposes for the Phase
1 portion, which was documented in a memorandum dated November 22, 1989, were:
to analyze existing traffic conditions in the corridor and to identify potential alternative
solutions to resolve traffic difficulties.
This Phase 1 work resulted in the identification of several major traffic issues and in
the development af six basic alternative solutions. One of the six alternatives (labelled
as Alternative A in the report) would involve the extension of Tyler Ave. north across
the railroad tracks. The evaluation presented in the Phase 1 study report indicated that
such an extension of Tyler Ave. would serve several traffic functions, but that it would
not provide as much overall benefit as would several other alternatives. The Phase 1
study report recommended that three other alternatives, not including the Tyler Ave.
option, be analyzed in detail for patential implementatian.
FINDINGS AFFECTING TYLER AVE. FROM PHASE 2 CSAH 3 CORRIDOR
STUDY
The Phase 2 portion of the CSAH 3 Corridor Study, which has been underway for
about two years, has focused on detailed traffic analyses and preparation of an
improvement plan for the CSAH 3 corridor between 5th Ave. and Blake Rd. This
work is nearly finished, and a project report soon will be submitted to the City and '
County. Two major findings from this Phase 2 portion af the CSAH 3 Corridor Study
which affect Tyler Ave. are:
Serious problems have been identified regarding implementation of the three
preferred alternatives that resulted from the Phase 1 portion of the corridor
study. The types of problems identified included:
.
- Weaving problems on CSAH 3 between the T.H. 169 east ramp
intersection and S1. Louis St. if a new railroad crossing were established
at the east ramp intersection.
- Traffic safety problems regarding an extension of Jackson S1. due to
limited "stacking" distance on CSAH 3 and Jackson St. between the
railroad tracks and the prospective new signalized intersection at CSAH
3 and ]acksan S1.
- Loss of parking and other adverse impacts on Super Valu property
caused by a hybrid of the preferred alternatives
. Need exists for a land use/redevelopment study along CSAH 3 between the
railroad tracks and Blak~ Rd. to provide a sound basis for decisions regarding
improvements to this segment af CSAH 3. Such a study is needed to address
issues inv<?lving widening af CSAH 3 and access provisions along this roadway.
The raadway needs to. be widened from its existing 44 feet to 66 feet. In this
context the right-of-way needs to be widened from the existing 66 feet to 90 or
100 feet. Decisions need to be made regarding whether this widening should
occur to the north or south. From an access standpoint, numerous private
Ms. Nancy Anderson
3-
February 14, 1991
driveways and several City streets presently access CSAH 3 between the
railroad tracks and Blake Rd. Reduction in the number of access points is
needed to improve traffic safety. From a land use standpoint, several major
issues should be addressed in the CSAH 3 land use/redevelopment study,
inCluding:
- Future growth for Edca Products, Inc.
- Types of development on north and south sides of CSAH 3 that are
preferred relative to the City's Comprehensive Plan
- Future needs for City street rights-of-way that extend north of CSAH 3.
As previously mentioned, five streets have right-of-way that extend north
of CSAH 3. The right-of-way for two of those streets (Van Buren Ave.
and Tyler Ave.) extends to the railroad tracks. These rights-of-way need
to be examined to determine which specific rights-of-way have a long-
term public need for a new crossing of the railroad tracks or for local
access to properties between the railroad tracks and CSAH 3.
Though a detailed work program for a land use/redevelopment study along
CSAH 3 has nat yet been established, it is clear that such a study would require
a major involvement. Specifically, it is expected that at least a year would be
required to complete a CSAH 3 land use/redevelopment study.
CONCLUSIONS AND RECOMMENDATIONS
A principal conclusion that we have established from the work previously described on
the CSAH 3 Carridar Study is that the City should preserve its Tyler Ave. right-of-way
at this time. This right-of-way may have a long-term need in providing access to local
properties plus a possible need to connect across the railroad tracks. The difficulties
that have arisen during the Phase 2 CSAH 3 Corridor Study regarding other candidate
solutions involving railroad crossings indicate a need to preserve the Tyler Ave. option
at the present time. Anather reason to preserve the northern portion of the Tyler Ave.
right-of-way at this time is to avoid creating another "stub" right-of-way situation, such
as exists on Harrisan Ave., Polk AVf?, and Pierce Ave., where the right-of-way
extends for just a portion of the distance between the railroad tracks and CSAH 3.
On an overall basis from the traffic review discussed in this memorandum, we would
affer the fallowing two recommendations:
Preserve the Tyler Ave. right-of-way at the present time
.
.
Continue to. negotiate with Edco Products, Inc. regarding an acceptable means
of meeting the short-term needs of both parties until a long-term development
and transportation framework is established.
FROM FREDRIKSON & BYRON1
2.25.1992 15=47
P. 2
HENNEPIN COUNTY REGIONAL RAilROAD AUTHORITY
.....Southwtet Street LMI (JOIIBrnment Otnter. Mlhneapotls, MN. 5'5487-<<>16 612134&::O~
Fax. e121340-9710
hbruary 2S, 1992
Ht;. Nancy S. Anderson, Clty'lenner
city of Hopkins
1010 First st~..t south
Hopkins, tIN 5$343
awl fubHc Hearing of the YaoaUan of 'J'yler Avenue, Hopkins,
M1nne.ota
I>tar Ms. Mderson:
Hennepin County Regional _llrood A1.lthodt:y (UClU'AI doe. not have a
position on Ic.too Products, In(l." request for vacation of Tyl.r Avenue
between kc:e1alor aou18v~rd and the railroad corddor. HowtVIt I as owner
of! the ncrthern portion ot the raU corridor, we are eonoerned that the
c:l ty 11 considering optnin; Tyler Avenue thrO\igh to &c~l.ior Boulevard.
BCIUm purchalled the fotfl'l8r eblcago Nor:t:hwe.ttrft _il~oad right of way for
light raU trans1t.. In planning for thil tt'an,it COrridor, it 1& our
goal to mln1l'6h. the nwnber of at-gr(lde 1nterlJectiOOl ., muOll I' possible
to "eduoe conflict and hazards inherent in any grade crO$lln;. In
addi tion, the 8x1stinq freight Htvic. WOUld be consolidated but would
l:&1'Iib.in on thb corridor, parall.l to th. tranIJlt traokap, oompounding
the impacts fo~ an at-grade eros.ift9.
HCRRA will, of C01,lU', review 8trf ptopo..l ot the city when r.quested and
w111 WQtk with citr ,taff to '..olve our IIlUtual r.;oncttnB. If WI can be
of: any assistance, pleasl Qo not helltate to call.
Zd~
Itenneth It. Stevel'l', Dl rector
Light Rail Trani! t
DS:8w
cc: Nr. '1hclRlaa R. Wilhe1JQy
'feddkson and Bfron
Suite 1100 Intel'natiOMl center
900 Second Avenue Swth
~nneaD011li MN 55402-3391
Mart Andrew Jchn E. Derus JUCIy MakowIlk. Ted Judo
Ohalll\'llll VIIlIt CtIlI!ll\6l\ Tnluu,..' s.ootItlY
BOAR!:) OF COMMIS$IQNI::.HS
Pfter Mcl.aughlin RandV ~n John 1<_
,
FROM FREDRIKSON & BYRONl
2.25.1992 16:28
P. 2
MINIfItIN(J D<<WfTWNT
.. tN....,
1M '*' AfiI~f.'" _ fItMO
fW (111) 141.'0
800 Line R.llr'01d Company
JilL!/!
February 25, 1992
Bngr. File: BT0129
Xa Nanoy S. Anderson
City Planner
city Hall
Hopkin., K1nn..ota 55343
RE: TYLlR AVENUE
via fax: (612) 347-1834
D.~r Hs. Anderson:
.......
It has baan brought to .Y attant10n that the c1ty of Hopkin. w1l1 be
conaidering ~. vacation ot . portion of Tyler Avenue at tonlqbt'a
planninq oommis810n ...tin;_ w. alao understand that that one of the
4et.t'minin; factor. .s to wbeth*t' to vagate-or not 1. predicated upon
a. plan to .xtenc1 '1')'1er Aye aClro.. the right-at-way and. traCks. of tbe
800 Line aailroaClwith an at""9t'&4e OJ:o..ing.
Lackint;J any further information, 800 Line Jta11road would be opposed
to the creation ot an additional grad. crossing within the city
limit... '1'o.y knowledge, in a4clition t.o the 800 Line, U1e to11owinq
part.ies either have Pl:Operty or operatinq l'lghts which would he
adversely affect.ed by " new trade aro..1n9: ebioa9o an4 Bort.hw..tarn
Railroad, Twin eity and W..tllt'n kilroad, and Hennepin county Light.
Rail.
, truly,
IMit ~~0--
Direotor-Public Work.
_""'-'-..-.....- I "
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