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CR 91-27 LRT Downtown Hopkins 1 y \ 0 f m January 30, 1991 ~ 0 " '" Council Report: 91-27 . P K \ LRT - DOWNTOWN HOPKINS Proposed Action. staff recommends adoption of the following motion: Move to approve the Contract For Conveyance Of Land And Easements By And Between The Housing & Redevelopment Authoritv In And For The city of Hopkins and the city of Ho~kins And The Hennepin County Reqional Railroad Authority. At this time HCRRA staff has not yet commented on the proposed contract. Based upon the HCRRA's review of the contract, it may be necessary for City staff to return to the city council/HRA for consideration of possible amendments to the agreement. Overview. On January 8, 1991, the City Council/HRA approved in concept the principles contained within HCRRA Resolution No. 83R-HCRRA-90, and directed staff to prepare an agreement with the HCRRA. The attached agreement between the City and the HCRRA takes into consideration the principles outlined in the HCRRA Resolution. The enclosed agreement provides, among other things, two options to the HCRRA for extending LRT through downtown Hopkins, and at the same time allow for the proposed redevelopment project between 6th and 8th Avenues. These options are as follows: . a) Extend LRT using the 9th Avenue route. The use of 9th Avenue could be exercised at any time. b) Extend LRT along the existing corridor through the redevelopment project. The HCRRA agrees to not undertake the extension for at least 20 years. Furthermore, the HCRRA agrees to compensate the future owners of the redevelopment project for any loss in value or damage which may be incurred as a result of the extension with the total actual compensation not to exceed $7.5 million. As directed by the city Council/HRA, City staff has notified all property owners abutting 9th Avenue of the HRA/city Councils review of the agreement during its 2/5/91 meeting. Primary Issues to Consider. o What obligations must the City meet based upon the provisions in the agreement? o What impacts will the proposed approach have on the city? o What significant provisions are contained in the agreement which were not outlined in the HCRRA Resolution? Supportinq Documents. o Analysis of Issues 0 Contract between Hopkins HRA, o Alternatives the City of Hopkins, and the HCRRA o HCRRA Resolution 0 Location Maps . No. 83R-HCRRA-90 0 Benshoof & Assoc analysis of traffic d implications related to the 9th Avenue route bWl Community Development Director r CR: 91-27 4It Page 2 Analysis of Issues. o What significant obligations must the City meet based upon the provisions in the agreement? - The HRA would agree to purchase the HCRRA right-of-way located in the redevelopment project area between 6th & 8th Avenues by May 31, 1991. The purchase price would be based upon the fair market value of the property and is estimated at this time to amount to roughly $160,000. The city would then transfer ownership of the property of the LRT right-of-way to the developer along with other properties the city may need to assemble to accommodate the project. It would appear the City would be reimbursed for all or a part of the acquisition expense at the time the city transfers the property to the developer (see page 7, section 3.2 of agreement). - The HCRRA must be given an easement to allow them to extend LRT along the existing corridor in the future, subject to the other provisions contained within the agreement. This easement would terminate should the HCRRA decide to utilize the 9th Avenue route for LRT purposes (see page 8, Section 3.5). - The City must provide permanent LRT easements to the HCRRA to allow for the realignment of the northern route of the Southwest Corridor 4It to 9th Avenue. These easements would not be granted to the HCRRA until such time as they are required (see page la, Section 3.6). The County would be required to give three years advance notice of its intent to use the 9th Avenue route. The easements would be located as follows: . on city owned boulevard along the south side of county Road 3 between T.H. 169 and 9th Avenue. . an easement along 9th Avenue between County Road 3 and First street North. The city Attorney is currently researching matters pertaining to the ability for the city to grant these easement to the County at some point in the future. For example, the city Attorney is researching the city's ability to grant an easement over the dedicated portion of 9th Avenue. o What impacts will the proposed approach have on the City? - The potential exists that the County would extend an LRT line using the 9th Avenue corridor. This possibility does create potential traffic impacts along 9th Avenue. These traffic impacts have been identified by Benshoof & Associates (see attached report) and are . summarized below. The attached agreement does speak to potential traffic impacts by indicating that further study needs to be made if the 9th Avenue corridor was chosen (see page 13, Section 3.7). Examples of traffic impacts include: CR: 91-27 . Page 3 . left turns across the LRT tracks from County Road 3 to First street North are expected to be allowed only at Mainstreet. This results in all private driveways functioning as right-in and/or right-out only. . at First street South only through movements and right turns are available. . at First Street North, the north leg of the intersection is expected to be closed and the transit line curved to the northwest. As a result, the only movements available are through movements on First street North and right turns from north bound 9th Avenue to east bound First street North. . no parking will be allowed on the street. . existing utilities in the street will need to be relocated. - If the County should desire to buyout the proposed development project and extend LRT along the existing corridor, the potential exists that a grocery store project would not exist in as early as 20 years, or the grocery store project would be redeveloped into . some other type of development. To a certain extent, the City and developer may have the ability to influence whether or not the County utilizes the 9th Avenue route or the existing corridor in the future. If the development were planned such that extending LRT through this site would have a lesser impact on costs associated with buying out the development, the County may wish to utilize the existing corridor. Conversely, if the site were developed in a manner such that it would be prohibitively expensive for the County to buy the property, the County may have to use 9th Avenue as an alternative route for LRT. This is not an issue that necessarily needs to be addressed at this time. It is one that will be important as the development project proceeds. - By May 31, 1991 the HRA would be required to purchase the LRT right-of-way between 6th and 8th Avenues. The risk in this case is, if the proposed project does not take place as soon as the city anticipates, the city would own a piece of LRT right-of-way until a new project was proposed and approved. 0 What significant provisions are contained in the agreement which were not outlined in the HCRRA Resolution? - The agreement indicates that the HRA shall purchase the LRT right- of-way on or before May 31, 1991. This date was inserted in the . agreement in order to allow the City to grandfather a new TIF district in the area under the existing law. In this case, approximately one-halt of the LRT right-ot-way is located in a new TIF district established in the spring of 1990. In order to allow this district to be placed under the old TIF rules, the City needs to undertake some type of action. The acquisition of property is a type of action which a city can take in order to grandfather the TIF district. . CR: 91-27 Page 4 - The agreement provides for a provision whereby if the County utilizes the 9th Avenue route for LRT purposes, the LRT easement which the County will retain over the redevelopment property shall terminate (see page 11, Section 3.5 iii e). - The agreement indicates that the County must provide a 3 year notice to the city regarding its intent to utilize the 9th Avenue route. within this 3 year period the HCRRA and the City must have agreed on certain provisions, including a provision regarding the parties respective responsibility for payment of any costs, loss, or damages associated with the use of the 9th Avenue route. If the parties are unable to reach agreement, the City may terminate the Railroad Authority's option to utilize 9th Avenue (see page 12, section 3.6 b). Alternatives. The city council/HRA has the following alternatives with regard to this matter: . 1. Approve the recommendation as made by staff. 2. Deny staffs recommendation. This action would have an impact on progress towards achieving the proposed grocery store redevelopment project on the site between 6th & 8th Avenues. 3. Approve staffs recommendation with modifications to those items which the City would agree to commit to. 4. Table matter for further information. . \~,<, ('( " T l '.:.... lv--......ll ./J,r-, <-'1-.., l 'r ( V L '( -' n Cr.'- 1-( II:JO;1 Iv- . . RESOLUTION 1\l() . 83R-HCRAA-90 The following re&olution was offered biT Comm!ss!one~ Derus WHEREAS, the Hennepin County Regional Railroad Authod ty (HCRAA) owns thi\t portion of the northern route of the South~st Corddor from County Road 3 to First Street North in the City of Hopkins; and WHEREAS ~ the City of Hopkins and Ryan Constructlotl Company of Mir~esotG have been working o~ a red~velopmGnt project in the Hopkins Omtral A'.lsiness District consisting of a grocery store and oth~t retail pt'oposed to w locZlted between Sixth Avenue and Eighth Avenue; and WHEREAS. t.he prO{XJsed nldovelopment site bet'Y.'eell Sixth Avenue and Eighth Avenue i "eludes tha.t property o\..,Il1ed by the HCRRA; and WHEREAS, this redevelopment pr()j~ct "WOuld be of benefit to both Hennepin County and the City of Hopkins t.hrough thE! cre~tion of new job!) and an expanded tax base, BE IT RESOLVED, that t.he Hennr::pin C6lJ(J.ty R~gional Railroad Authodty (HCl1RP,,) approves use of the HelmA property located between . Sixth Avenue and ~ighth Avenue in the City of Hopkins as a developmgnt si te for: a grocery and retnU project and that st-,af! be di teet.ed to preIXue .:m i'l.'Jreement wi th the Ci t'l of Hopkins that includes the principles atti:ched hereLo which <!Jn~ on fill;! with the Clerk of the HCRF.A Board. .' The question was on the adoption of the resolution and there were YEAS and NAYS u~ follows: COUNTY OF HENNEPIN BOl\RD OF COUNTY COMMISStONERS YEA NAY OTHER Jeff Spartz - - - Randy Johnson - - ~ John Keefe John E. De rus - ~ - Tad Jude ~ - - ~ Sam S. Sivanich - ~ Mark Andrew{ Chair~n - - - - - - ATTEST: -~ . Jeff Spartz{ Sp.cr.etary . Resolution No. 83R-HCRRA-90 princ;iplcG of 1'.greBm9nt Between Hennepin County Regional ~,tln).Cld AuthQdt.-y and tho City of Hopkins H(~RA Fr099rty Located Belween 6th Avenue and 8th Avenue in the Ci ty of Hopkins l. The tr,:.nsfel" ()f O",!(\c('ship by the HCRRA of that porUon of the nOt-t:h(~m C(ll;t~ of the Southw€t;t Corrirlor loc~ted ilpproxlm.=lt:ely beL,'r~t::~ ~j xt}; Avenuo Z1nd Eighth l\venue in t,hOl Ci ty of Hopkins to the Ci ly of Hopkins. The HCRRA 6hall be r.ompP.n~~ted toe thi~ [Klrtion of the right of w.ay b.:16ed upon the fair market value of the p~or~rty. 2. 1n.J.t th~ U tIe for th~ right of w~y to be released shall be coo\'eYf'ld ~,() t,he City of Hopkins. The timio9 of th~ convey~nce ~h?;ll !)0 determined and sr~cified in th<< agreement. 3. That the H~KRA shall ret~ln an easement for r~T purposes o~~~ that portiol' of the LRT right of way proposed to be r.onveyed. 4. 'IlHL Ute ~gn)c!\K'nt be stru,~tur.ed to allow ths BeRRA the optlon . of ~)(teI1d:i 1\9 the LRT line along the exi sting ncrthi'!rn rout~ of the S~ltr-we~t Corridor 0(, as an alternative, along NinUl Avenu(: 1.0 First street North where it sholl join ',.iith tile existing corrido( of the not thew rout.? of the SouthwcGt Corrldnr _ 5. If the- HQU-0\. f;hould df'!t;i n~ to 8xtE'nd the LRl' line along thIS Existing co(cldor, the HCRRA, the City aod th~ future developer shall agree to the following: 0 th~t ~t .such tirn/3 the HCRRA propof;es the extension of LRT along the existing corridor 1 that the HCRP~ will consider the placement of ~n LRT stop in downt~~ Hopkins. Q th~t the HCRRA agrees not to exercise its LRT easerr~nt rights batv:aen sixth Avenue ~nd Ei9hth Avenue for a period of 20 yp.ars fcom th~ date of the agLee~nt. 0 that the agreement be €xtended for a minimum of thl'G(l five-year ~€riods (i.e., notification in years 17, 22, 27) . 0 that HC'UAA provi.des a minimum of three years advance notic~ of its i~t€nt to irr~lemP.nt LRT following the . 35-year padod. 0 that HCRIV\ ~grees. to compensate the owners of the . r€n,:i.'G} epffl{:nt proj8ct fot' .)ny loss in value oc dan\2lge, Resolution No. 83R-Hcruu~-90 e Page 2 b<\~\?c upon faiL rn.arket value of th'? propel:ty, they If.ay io:::ur at: <I re(.;ult of LRT i:npl(:meJitation over the e~soment io ~n astin~ted amou~t of $5,000,000 escalat~d 1n accordanc~ ",1 th the Hinnesota Consumer Price Index C\or;1)(\lly with the tct(tl ~ctll(l.l cost not to exceed $7,500,000 at the time of exercise of easement r19ht~. No further compp.l1e.ntion for damages, loss or oth~t. costG to <'If.Y oth~ (S shall b(~ t.'equi red in ord(! t' for HCRfV'\ to exe:rd ~B i ts ei\(:~m~nt dghl1>. 0 that an arbitration procedure be established to deh~f!Clin~ actU:.'ll Ins!;; ()f. v(\1ue- at time of eXNcise of easement rights. 6, Th(] HCl'.RA and thf3 Ci ty ogree to the followi.ng: II th~ (1 ty will rrov tde permanent €'ctf.;c:nents to th(~ HCRRA to a11ml for thl? ro"lignmE"nt (If the r.tJrth~rn ["oute of the :::r;-.'uthwest CQr d.jl)[ to Ninth Avenue. The easements will be granted at the sama t1!l\€ as title to HeBR1\. proper.ty Is tr~D3[er[ed to the City. The easements will t~ located as fo110\...s: . - 00. City-a....'l1€d boule'Jard along the sOllth :=:ide of Cc't'nty PCc.d 3 tK3b:E'(Hl T. B. 169 to Ninth Aver.u~. - ':H-. €~s€r.lent up to 28 feet in wI~ith along Ninth l\venu€ b€-t\.'een C,:,unty Road 3 and First SLL"eet No.cth. 0 that at such time in the future an LRT line is proposed to 1.>-2' constructed along r.unth Avenue, that c:onsid~l'atio\'\ w.i 11. be aiven to the foll(no..'inq i terns: .. . - an LR'l' gtop In downtcr..m nopkins. -- -3 t il mi n i ffi'J.In. the p~0vi5ion of full traffic rr~v€rr~nt intersections at Ninth Avenue nnd P~ln Str.eet. 0 a st1)dy wi 11 df.tte cmin(;! the traffic impact$. n!lating tD t:J1e operation of LRT on Ninth Avenue ~nd on the existing cor ridor . . 3rd Draft . 1/28/91 CONTRACT FOR CONVEYANCE OF LAND AND EASEMENTS BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HOPKINS and THE CITY OF HOPKINS, MINNESOTA . and THE HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY Dated as of This document was drafted by: HOLMES & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 . TABLE OF CONTENTS . Paqe PREAMBLE 1 ARTICLE I. Definitions 3 Section l.l. Definitions 3 ARTICLE II. Representations and Warranties 5 Section 2.1. Representations by the Authority 5 Section 2.2 Representations by the City 5 Section 2.3. Representations and Warranties by the Railroad Authority 5 ARTICLE III. Conveyance of Property 7 Section 3.l. Status of Property 7 Section 3.2. Timing of Conveyance and purchase price 7 Section 3.3. Title 7 Section 3.4. Hazardous Wastes 8 Section 3.5. Property Easement 8 Section 3.6. Alternate Corridor Easement II . Section 3.7. Corridor Study l3 ARTICLE IV. Events of Default 14 Section 4.l. Events of Default Defined 14 Section 4.2. Remedies on Default 14 Section 4.3. No Remedy Exclusive 14 Section 4.4. No Additional Waiver Implied by One Waiver 15 ARTICLE V. Additional provisions 16 Section 5.l. Conflict of Interests; Authority Representatives Not Individually Liable l6 Section 5.2. provisions Not Merged with Deed l6 Section 5.3. Titles of Articles and Sections l6 Section 5.4. Costs of Enforcement 16 Section 5.5. Notices and Demands 16 Section 5.6. Counterparts 17 SCHEDULE A Description of Property SCHEDULE B Deed SCHEDULE C Description of Alternate Corridor . SCHEDULE 0 Form of Alternate Corridor Easement CONTRACT FOR CONVEYANCE OF LAND . THIS AGREEMENT, made on or as of the day of , 1991, by and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HOPKINS, a public body corporate and politic ("Authority"), established pursuant to Minnesota Statutes Section 469.00l to 469.047 (formerly Sections 462.411 to 462.711) (the t1Act") having its principle office at lOIO First Street South, Hopkins, Minnesota 55343, and THE CITY OF HOPKINS, a Minnesota municipal corporation ("City"), having its principle office at lOIO First Street South, Hopkins, Minnesota 55343 and THE HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY, a ("Railroad Authority") having its principle office at . WIT N E 5 SET H: WHEREAS, the Authority was created pursuant to the Act and was authorized to transact business and exercise its powers by a resolution of the City; and WHEREAS, in furtherance of the objectives of the Act, the Authority has undertaken a program to promote redevelopment of land which is underutilized and blighted within the City, and in this connection is engaged in carrying out redevelopment of pro- . jects known as Redevelopment Project No. 1 and Redevelopment Project No. 2. within the City (collectively, "projectsfl); and WHEREAS, as of the date of this. Agreement there has been prepared and approved by the Authority and the City, redevelop- ment plans for both projects (collectively "Redevelopment Plans" ) ; and WHEREAS, pursuant to the Act and the Project Plans, the Authority is authorized to acquire real property and to undertake certain activities to prepare such real property before develop- ment by private enterprise; and WHEREAS, in accordance with the Redevelopment Plans, the Authority is attempting to facilitate redevelopment of certain real property located partially in Redevelopment Project No. 1 and partially in Redevelopment Project No. 2, more particularly described in Schedule A annexed hereto and made a part hereof (the "Property") which Property IS currently owned by the Railroad Authority; and WHEREAS, In order to achieve the objectives of the Redevel- opment Plans, the Authority is prepared to acquire the Property from the Railroad Authority, subject to certain conditions more fully described herein; and . 1 WHEREAS, the Authority, the City, and the Railroad Authority . believe that conveyance of the Property pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and of the County, and the health, safety, morals and welfare of the residents, and in accord with the public purposes and provisions of the applicable state and local laws and requirements under which the projects have been undertaken and are being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: . . 2 ARTICLE I . Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means the Municipal Housing and Redevelopment Act, Minnesota statutes, Sections 469.00l to 469.047, as amended (formerly Sections 462.411 to 462.71l). "Agreement" means this agreement, as the same may be from time to time modified, amended, or supplemented. "Alternate Corridor" means the real property described in Schedule C of this Agreement. "AuthorityU means the Housing and Redevelopment Authority in and for the City of Hopkins, Minnesota, or any successor or assign. "CityU means the city of Hopkins, Minnesota. "County" means the county of Hennepin, Minnesota. . "Deed" means the deed to the Property, attached as Schedule B of this Agreement. IIEvent of Default" means an action listed in Article IV of this Agreement. "Holder" means the owner of a mortgage. "Mortgageetl means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Property. "Project" means both Redevelopment project No. 1 and Redevelopment project No. 2, adopted and administered by the Authority. "Project Area" means the real property located within the boundaries of the Projects. "Property" means the real property described in Schedule A of this Agreement. "Railroad Authority" means the Hennepin County Regional Railroad Authority. . 3 . IIRedevelopertl means the private entity selected or to be selected by the Authority to carry out redevelopment of the Property, or the entity's successors or assigns. tlRedevelopmen t Plan II means the redevelopment plan for Redevelopment Project No. I and the redevelopment plan for Redevelopment Project No. 2, as those plans may be amended. lIStatell means the State of Minnesota. , . . 4 ARTICLE II . Representations and Warranties Section 2.1. Representations by the Authority. The Au thor i ty makes the following representations as the bas is for the undertakings on its part herein contained: (a) The Authority is a municipal housing and redevelopment authority duly organized and existing under the laws of the state. Under the provisions of the Act, the Authority believes that it has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority and the City have found that the projects are "redevelopment projects" within the meaning of the Act, and that both were created, adopted, and approved in accordance with the times of the Act. (c) The Authority proposes to acquire the Property from the Railroad Authority, solely for the purpose of fostering the redevelopment of the Property in accordance with the Act and the Redevelopment Plans. (d) The Authority intends to enter an agreement with a . Redeveloper under which the Redeveloper will acquire the Property and other property within the Project Areas, and the Redeveloper will redevelop such area for various commercial uses. Section 2.2. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a municipal corporation duly organized and existing under the laws of the State. (b) The City will grant to the Railroad Authority the Alternate Corridor Easement, in accordance with the terms of this Agreement. Section 2.3. Representations and Warranties by the Railroad Authority. The Railroad Authority makes the following represen- tations as the basis for the undertaking on its part herein contained: (a) The Railroad Authority is a , duly organized and existing under the laws of the State, has the power to enter into this Agreement, and has duly authorized the execution, delivery and performance of this Agreement by proper action. . 5 (b) The Railroad Authority will convey the Property to the . Authority in accordance with all the terms of this Agreement. . . 6 ARTICLE III It Conveyance of Property Section 3.1. Status of Property. The title to the Property 1.S presently held by the Railroad Authority. In order to make the Property available for redevelopment, the Authority shall acquire the Property from the Railroad Authority, subject to all the terms and conditions of this Agreement. Section 3.2. Timinq of conveyance and purchase price. (a) If no Event of Default has occurred (or if an Event of Default has occurred that has been cured), the Railroad Authority shall execute and deliver to the Authority the Deed for the Property, and the Authority shall pay the purchase pr ice to the Railroad Authority, on or before May 31, 1991 ("Closing Date"). The Deed shall be substantially in the form of the Deed attached as Schedule B to this Agreement. (b) The purchase price to be paid by the Authority to the Railroad Authority in exchange for conveyance of the Deed shall be the fair market value of the Property as determined by an appraisal prepared by an appraiser selected by the Authority; provided that the Authority must notify the Railroad Authority in writing of the appraisal amount at least 30 days before the . Closing Date. The Authority shall pay the cost of such appraisal. (c) Unless otherwise mutually agreed by the parties, the execution and delivery of the Deed and payment of the purchase price shall be made at the principal offices of the Authority. The Authority shall take possession of the Property upon closing on the Closing Date. (d) The Authority shall accept the Deed subject to all existing leases on the Property; provided, and only on the condition, that ( i) such leases are terminable without payment or penalty after 30 days written notice to the lessee; and (ii) the lessees under such leases are obligated to pay any property taxes or payments in lieu thereof that may be payable on the leased property. (e) The Authority shall promptly record the Deed in the proper office for recordation of Deeds and other instruments pertaining to the Property. The Authority shall pay all recording costs, including state deed tax, in connection with the Authority's acquisition of the Property. Section 3.3. Title. (a) Prior to and as a condition to the Authority's obligation to acquire the Property, the Railroad e Authority shall obtain and furnish to the Authority a commitment 7 for the issuance of a policy of title insurance for the Property. e The Authority shall have lO days from the date of its receipt of such commitment to review the state of title to the Property and to provide the Railroad Authority with a list of written objections to such title. Upon receipt of the Authority's list of written objections, the Railroad Authority shall proceed in good faith and with all due diligence to attempt to cure the objections made by the Authority. Not earlier than eleven days following the date the Authority shall have received a commitment for the issuance of a policy of title insurance for the Property from the Railroad Authority or, in the event the Authority shall have provided the Railroad Authority with a list of written objections, within 10 days after the date that all such objections have been cured to the reasonable satisfaction of the Authority, the Authority and Railroad Authority shall proceed with the acquisition and conveyance of the Property pursuant to Sections 3.1 and 3.2 of this Agreement. In the event that the Railroad Authority has failed to cure objections within 60 days after its receipt of the Authority.s list of such objections or by lO days before the Closing Date, whichever is earlier, either the Railroad Authority or the Au thor i ty may by the giving of written notice to the other, terminate this Agreement, upon the receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder. The Authority shall have no obligation to take any action to clear defects in the title to the Property. . 3.4. Hazardous Wastes. (a) The Railroad - Authority shall, as of the date hereof, grant to the Authority a right of entry on the Property to conduct an environmental audit of the Property prior to the Closing Date. If, after completing such audit, the Authority determines that hazardous wastes or other pollutants as defined under federal or state law exist on the Property, the Authority may, at its option, terminate this Agreement by giving written notice to the Railroad Authority, upon receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder. (b) The Railroad Authority agrees that, upon conveyance of the Property under Section 3.2 herein, the Railroad Authority will indemnify, defend, and hold harmless the Authority, its governing body members ( officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Property. Section 3.5. Property Easement. The Authority acknowledges and agrees that the Deed shall be subject to an easement on the Property in favor of the Railroad Authority ("Property Easementll), which Property Easement shall provide and incorporate e the following terms and conditions: 8 e (a) The Property Easement shall be solely and exclusively for use by the Railroad Authority to construct and operate a light rail transit (IILRTII) line on the Property: provided that such use of the Property must be in accordance with an LRT system plan adopted by the Railroad Authority or by its successor in interest. (b) The Railroad Authority shall not exercise its rights under the Property Easement for a period of 20 years after the Closing Date for the conveyance of the Property to the Authority. The Railroad Authority acknowledges and understands that, during the aforementioned ~O-year period, the Property may be used and developed by the Redeveloper or the Authority in any manner consistent with the Redevelopment Plans or any modification thereof. (c) After termination of the 20-year period set forth in Section 3.5(b), the Railroad Authority may exercise its rights under the Property Easement, subject to the following terms and conditions precedent: . ( i ) Except as hereinafter provided, the Railroad Authority shall, no later than 17 years after the Closing Date, provide written notice to the Authority, and to the owner of the . Prope:rty at the time of the notice, of its intent to exercise its Property Easement rights after termination of the 20-year period. If the Railroad Authority provides such notice, it shall pay the damages required under Section 3.5(d) herein no later than the first day of the 2lst year after the Closing Date. The Property Easement shall terminate upon certification by the Authority, in recordable form, that the aforementioned payment has not been timely made. ( i i ) If the Railroad Authority fails to provide the notice required under Section 3.5(c)(i), the Railroad Authority shall not exercise its rights under the Property Easement until termination of the 25th year after the Closing Date: provided that, as a condition to exercising such rights, the Railroad Authority shall, no later than 22 years after the Closing Date, provide written notice to the Authority, and to the owner of the Property at the time of the notice, of its intent to exercise its Property Easement rights after termination of the 25-year period. If the Railroad Authority provides such notice, it shall pay the damages required under Section 3.5(d) herein no later than the first day of the 26th year after the Closing Date. The Property Easement shall terminate upon certification by the Authority, in recordable form, that the aforementioned payment has not been timely made. (iii) If the Railroad Authority fails to provide the . notice required under Section 3.5 ( c') ( i i) , the Railroad Authority shall not exercise its rights under the Property Easement until 9 e termination of the 30th year after the Closing Date; provided that, as a condition to exercising such rights, the Railroad Authority shall, no later than 27 years after the Closing Date, provide written notice to the Authority, and to the owner of the Property at the time of the notice, of its intent to exercise its Property Easement rights after termination of the 3D-year period. If the Railroad Authority provides such notice, it shall pay the damages required under Section 3.5(d) herein, no later than the first day of the 31st year after the Closing Date. The Property Easement shall terminate upon certification by the Authority, in recordable form, that the aforementioned payment has not been timely made. (iv) If the Railroad Authority fails to provide the notice required under Section 3.5(c)(iii}, the Railroad Authority shall not exercise its rights under the Property Easement until termination of the 35th year after the Closing Date: provided that, as a condition to exercising such rights, the Railroad Authority shall, no later than 32 years after the Closing Date, provide written notice to the Authority, and to the owner of the Property at the time of the notice, of its intent to exercise its. Property Easement rights after termination of the 35-year period. If the Railroad Authority provides such notice, it shall pay the damages required under Section 3.5(d) herein, no later than the . first day of the 36th year after the Closing Date. The Property Easement shall terminate upon certification by the Authority, in recordable form, that the aforementioned payment has not been timely made. (v) Unless otherwise provided in this Agreement, the Railroad Authority may exercise its rights under the Property Easement any time after termination of the 35-year period set forth in Section 3.5(c)(iv), provided that, as a condition to exercising such rights, the Railroad Authority shall, at least 3 years prior to exercising its rights under the Property Easement, provide written notice to the Authority, and to the owner of the Property at the time of the notice, of its intent to exercise such rights. If the Railroad Authority provides such notice, pay the damages required under Section 3.5(d) herein within 3 years after the date of service of the notice. The Property Easement shall terminate upon certification by the Authority, in recordable form, that the aforementioned payment has not been timely made. (d) As a condition to exercising its rights under the Property Easement in conformance with this Section, the Railroad Authority shall compensate the party or parties that own the Property at the time that use of the Property Easement commences pursuant to Section 3.5(c) herein, for damages associated with use of the Property Easement by the Railroad Authority, subject . to the terms and conditions as follows: lO '. ( i ) The amount of the damages to be paid by the Railroad Authority shall be the fair market value of the Property and any improvements thereon as of the time the Railroad Authority exercises its rights under the Property Easement pursuant to Section 3.5(c) herein; provided that the appraisal shall evaluate the Property and improvements as if the Property Easement did not exist and was not of record. If the Railroad Authority and the owner of the Property are unable to reach agreement on the fair market value, the damages shall be determined and paid in accordance with Minn. Stat. Ch. 117, as that statute may be amended, which proceedings will assume taking of the entire fee interest of the Property and improvements as if the Property Easement did not exist and was not of record. The Railroad Authority understands and agrees that the owner of the Property may subordinate its interests under this Section 3.5(d) to the Holder of any Mortgage. Other than payment of damages as determined herein, the Railroad Authority shall have no obligation to compensate any person or entity for damages, loss or other costs, as a condition to exercising the Railroad Authority's rights under the Property Easement. . ( i i ) Except as hereinafter provided, the Railroad Authority's obligation under Section 3.5(d) shall not exceed $5,000,000 calculated in 1991 dollars. Such amount shall be . adjusted annually in accordance with the consumer price index for Minnesota, provided that the amount shall in no event exceed $7,500,000 calculated as of the time the fair market value of the Property and improvements are calculated pursuant to Section 3.5(d) (i). ( i i i ) The terms of this Section 3.5(d) shall be incorporated in the Property Easement, shall run with the land, and shall be non-severable from other provisions of the Property Easement. In addition, the Railroad Authority agrees that, if requested by the Redeveloper, it will enter into an agreement with the Redeveloper that substantially conforms to the terms of this Section 3.5(d). (e) In addition to the termination provisions set forth in Section 3.5(c), all rights held by the Railroad Authority under the Property Easement shall terminate if the Railroad Authority acquires the Alternate Corridor Easement in accordance with Section 3.6 herein. Such termination shall be effective upon t~e date of conveyance of the Alternate Corridor Easement ~n accordance with Section 3.6 herein. ( f) If the Railroad Authority exercises its rights under the Property Easement ~n conformance with this Section, the Railroad Authority shall make a good faith effort to plan for and accommodate an LRT stop in the Ci ty between 5th Avenue and 9th . Avenue along the right-of-way that includes the Property. II . Section 3.6. Alternate Corridor Easement. In consideration of the mutual obligations under this Agreement, the City hereby grants to the Railroad Authority an option to acquire an easement on property within the Alternate Corridor that is presently owned by the City (the "Alternative Corridor Easement"), which option is subject to the following terms and conditions: (a) The Alternate Corridor Easement shall be evidenced by an agreement substantially in the form of Schedule D hereto and shall be solely and exclusively for use by the Railroad Authority to construct and operate an LRT Line within the Alternate Corridor; provided that such use of the Alternate Corridor must be in accordance with an LRT system plan adopted by the Railroad Authority or by its successor in interest; and further provided that use of Ninth Avenue and any other public street or avenue within the Alternate Corridor for LRT purposes is subject to the rights of the public to use such streets and avenues, and provided that the Railroad Authority may not use such streets and avenues in a manner inconsistent with the purposes for which the streets or avenues were originally donated to the City. The, Alternate Corridor Easement 1S also subject to: ( i ) the rights of the City and any utility company to maintain sewer, water, gas, electric, telephone and other utilities over, upon and under any street or avenue within the Alternate Corridor Easement, . whether or not utility easements have been recorded: and (ii) any unrecorded easements or interests held by any person or entity in the Alternate Corridor Easement property. (b) The Railroad Authority shall provide written notice to the City of its intent to acquire the Alternate Corridor Easement. Within 3 years after receipt of such notice, the City shall convey and the Railroad Authority shall acquire the Alternate Corridor Easement for the purchase price of one dollar: provided that before the City is obligated to convey such easement, the Railroad Authority and the City shall have, by mutual agreement: ( i ) determined the precise boundaries of the property subject to the Alternate Corridor Easement, which property shall be within the Alternate Corridor described in Schedule C hereto: and ( i i) determined the parties. respective responsibility for payment of any costs, loss or damages associated with use of the Alternate Corridor Easement. If the parties are unable to reach agreement on the above-referenced items within 3 years after the City receives notice of the Railroad Authority.s intent to acquire the Alternate Corridor Easement, the City may terminate the Railroad Authority.s option under this Section. Upon acquisition of the Alternate Corridor Easement, the Railroad Authority shall record the Alternate Corridor Easement and pay any costs, taxes or fees in connection with such conveyance and recording. . ( c) If the Railroad Authority acquires the Alternate Corridor Easement 1n accordance with this Section, and the 12 . Railroad Authority fails to commence use of the Alternate Corridor Easement within 2 years after the date of the conveyance, the Alternate Corridor Easement shall terminate. Such termination shall be effective upon certification by the City, in recordable form, that the aforementioned condition has not been timely met. For purposes of this Section 3.6(c), "usell of the Alternate Corridor Easement means: ( i ) construction of an LRT line, or ancillary facilities related thereto, within the easement area; or ( ii) execution of contracts between the Railroad Authority and third parties for the planning, engineering or construction of an LRT line, or ancillary facilities related thereto, within the easement area. (d) If the Railroad Authority acqUlres the Alternate Corridor Easement, the Railroad Authority shall make a good faith effort to plan and accommodate a stop on the LRT line between 1st Street South and 1st Street North along the Alternate Corridor Easement; provided that any LRT line using the Alternate Corridor Easement shall ensure full traffic movement in all directions at least at the intersection of 9th Avenue and Main Street. t ( e ) In addition to any other termination provision set forth in this Section 3.6, the Railroad Authority's option to acquire the Alternate Corridor Easement and all rights held by . the Railroad Authority under the Alternate Corridor Easement, if acquired, shall terminate if the Railroad Authority at any time exercises its rights under the Property Easement in accordance with Section 3.5 herein. Such termination shall be effective upon certification by the Authority, in recordable form, that the Railroad Authority has timely paid the damages required under Section 3.5 herein. Section 3.7. Corridor Study. The Railroad Authority agrees that, prior to implementing any plans for an LRT line within the City, the Railroad Authority shall conduct a study to determine the traffic impacts associated with operation of the LRT on a route through the Property and on a route through the Alternate Corridor. The Railroad Authority shall provide the results of such study to the City and the Authority, and shall use such study results to minimize the impact of any LRT line on traffic within the City. . 13 ARTICLE IV . Events of Default Section 4.l. Events of Default Defined. The following shall be "Events of Default under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides) : any failure by the Railroad Authority, the City or the Authority to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder. Section 4.2. Remedies on Default. Whenever any Event of Default referred to in Section 4.l of this Agreement occurs, the non-defaulting party may exercise its rights under this Section 4.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default 1S by its nature incurable within thirty days, the defaulting party does not provide assurances to the non- defaulting party reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it . receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) Cancel and rescind or terminate the Agreement. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 4.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IV. . 14 . Section 4.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. . . 15 . ARTICLE V Additional provisions Section 5.l. Conflict of Interests; Authority Representa- tives Not Individually Liable. The Authority, the City, and the Railroad Authority, to the best of their respective knowledge, represent and agree that no member, official, or employee of the parties to this Agreement shall have any personal interest, direct or indirect, in the Agreement, nor shall any such membe r , official, or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No member, official, or employee of the par ties shall be personally liable to any other party, or any successor in interest, in the event of any default or breach by any party or on any obligations under the terms of the Agreement. Section 5.2. Provisions Not Merqed with Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. . Section 5.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disre- garded in construing or interpreting any of its provisions. Section 5.4. Costs of Enforcement. If, whenever any party is in default of its obligations under this Agreement, any other party employs attorneys or incurs other expenses for the collection of payments due or to become due hereunder or for the enforcement, performance, or observance of any other obligation or agreement of the defaulting party under this Agreement, the defaulting party shall pay to the other party or parties, within lO days of written demand therefor, such reasonable attorneys' fees and such other reasonable expenses so incurred. Section 5.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Authority, 1S addressed to or delivered personally to the Authority at Hopkins City Hall, lOlO First Street South, Hopkins, Minnesota 55343; and . 16 .. (b) in the case of the City is addressed to the Community . Development Director, City of Hopkins, 1010 First Street South, Hopkins, Minnesota 55343; and (c) in the case of the Railroad Authority, is addressed to or delivered personally to the Railroad Authority at . , or at such other address with respect to each party as that party may, from time to time, designate in wr i ting and forward to the others as provided in this Section. Section 5.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Railroad Authority has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. HOUSING AND REDEVELOPMENT . AUTHORITY IN AND FOR THE CITY OF HOPKINS By Its By Its CITY OF HOPKINS, MINNESOTA By Its By Its . l7 . . HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1991 by and - , the and of the Housing and Redevelopment Authority in and for the City of Hopkins, a public body pOlitic and corporate, on behalf of the Authority. . Notary Public STATE OF MINNESOTA } } ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1991 by and - the and of , the City of Hopkins, a municipal corporation, on behalf of the municipal corporation. Notary Public . 18 . - STATE OF MINNESOTA ) ) 55. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1991 by and - the and of , the Hennepin County Regional Railroad Authority, a corporation, on behalf of the corporation. Notary Public . . 19 . SCHEDULE A Legal Description of the Property [Insert description of right-of-way) . . ~ SCHEDULE B .-- Deed to the Property [Deed will include Property Easement] . . . SCHEDULE C Description of Alternate Corridor {Insert description of area within which the Alternate Corridor Easement will be located] . . ~ . . SCHEDULE D Form of Alternate Corridor Easement . . -.- . . IW,'II ECONOMIC DEVELOPMENT AREA '1&_,-, ~,u, ': ~ ,^ _,: IMPACTED BY EXISTING CORRIDOR EXISTING CORRIDOR ------ ALTERNATIVE ROUTE r...,.,..-r~~.-'_ PROPOSED DEVELOPMENT SITE II ~ 1-- I. _ f---- If f--- '-' ~ !--- f-- . t--'-- I'-' ..' IL II--- - 1 _:...- NO., . I 5T ~ \ L ~ ~ / fl--- m " ~ \ I G / 1:= ' "'~, _,~~,~,'~ ,,'-J ~W ~ 11- X ..... ,"-, -: . STflF T ff I_I-I 01 -.' --,~'. I !~ /h 0;(" :::'J :i l .' , ~ x I/"/" - -- " " '... { ~_ : :J , "j. L o=..=:..=:r ," -: '~"'. - '-" ..,. " ' '- .~ , to 1 1 1 ; IJ] flII]]J I !!J I'" - · I if ' ~ =" ,:--, '.. 'r ~ll ~......~., ~ -. . , m , [[)llIlIJ] mrm fIIJlIJ 1 /", , . _ _ I An II J--~ ' I F--~f I j it==: ~ ~-._:, ~ _ ~L-. ,.--.L f-- I ~"'= _______V - ; 1- = ~ '" ~" - <^;,~, rJ AI:\>: ~b:r - - j - "-..),,, '.',", ~ ~ - I .... ~ - I " I- -,;< ~ . - Ii. ~ 1 I , _ ~---~~ I _~-:/:: I ~ ~~_ I~t'_~ ~_ ~ - I" 0 - ,.,. .... '- ~ ~ -. LRT STAllON '- - . ~ . _~~~,-, , 0 # !<fl , " I . ~ BENSHOOF & ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE. SUITE 119/ EDEN PRAIRIE, MINNESOTA 553441 (612) 944-7590 I FAX (612) 944-9322 June 11, 1990 90-23 MEMORANDUM REFER TO FILE: TO: Jim Kerrigan FROM: Mitch Wonson ~ RE: , Analysis of Access Changes on 9th Ave. Resulting from Light Rail Transit Turning Movement Restrictions Purpose and Backqround The purpose of this memorandum is to present the results of our analysis of the changes in access along 9th Ave. resulting from the potential Light Rail Transit Corridor. Construction of the Light Rail Transit (LRT) in the 9th Ave. . corridor is expected to result in turn movement restrictions at both public street intersections and at individual property driveways. Figure 1 presents the turn movements expected to be available after LRT construction. Key points which can be noted from Figure 1 inc1ude: . Left Turns across the LRT tracks from Co. Rd. "J to 1st st. No. are expected to be allowed only at Main street. This results in all private driveways functioning as right in and/or right out only. . At 1st st. So. only through movements and right turns are available. . At 1st st. No. , the north leg of the intersection is ~xpected to be closed and the transit line curve-to the northwest. As a result, the only movements available are through movements on 1st st. No. and right turns from Northbound 9th Ave. to Eastbound 1st st. No. . ACCESS ROUTE CHANGES The access route changes were analyzed in the context of four major approach directions: . . To/from the west on Main street . To/from the east on Main street . To/from the west on Co. Rd. 3 . TO/from the east on Co. Rd. 3 . 1) ([. ~I .._J,: I'~ ; J), LRr~ORRIDOR_..\ I"" .JI,. -', t' '_ . t~t Sf. H _ '. J ' . _ , ,_ I If ;u fq' X ~;~ :... - 1: t':~1 1; G'~~[~~I. tJF!..-...' C' r-;r f" I J. ",. "~___ ~ fJ ( - L U'I . "I" , .~ --9' . - -----. . 'J', ::. , . ] ,:-f. '" , - - - . ");/;:' : !: ~I J L . E; H: : : 1'l1777m7 ell ':-... " I'~"'./':'f,;;.q,! 1.1 f .f '/ .11 :::1'-, ::-:-,I.n~\ ~J r [].~ 1; :tP"~"llIuf~~- t~ ~1ltn f -~ L'_'M_,~_ fI_~~__.J ~_'___ _~ Iii fii~!r J ~i ,,~ -, : --" J ~""iJ J l ~ L '- -~ J IJ _. ) ( ~j I, I ,.. ., ,/ (-iiliiif: T : [ :r/o qJJ' :~j J ) · , ,''''' '. · [eJ .., ( I I I ~ ~,' _:. .. : ; ;.; , ,=--,= r _ ..,.. .-." , . ' I'. All LfFT TURNS ACRaSS ~:D. " I, /' I .) tRT PROHIBITED · a ' I Ii ',' I, Q,",'" '- EXCfPT ^' It\ I N Sf. : - f ! ' ! fl~@x" .fi...' I" It~1 J1 L .-': , m ! } l~ , ~; . .1 ,I -,-. ,. I i I ,- ~-,lgs.~ __-='J 1~-=--_._~1, 0-:--"::.:J/f~.:'II!Jj. ' f 'I ,:wJ' ~ L%__ r_~~ r~~~ ,- '!~=----~ ,-_____~) ( i ill ~ - ...-'..-._.__.c_.'.....'_.'...'_....... ~ -', I' ,I ' : - u · ,,,,,,,,,..,,,,,,,,rn. I' f I~ +- I d M~ ' i ~ oFflf1llrill if J i5 ~... ~:r fJiM~ > c"."..,'..'.'.'.,',.' '."'.'''''''. ""'.""" I If, ~ 0 :: / ~- '?OJ ~r -3X{F};;';j:';:::y':: .. ..' _ -;.;; - I -( - '-[ji:,'l;;;;:'A';" I 'Ll \\\\\-,..-- U<' (It '0'\;;';;''; ~ ' 111'\ ~ II fl. /1 I \\\\\... e II I , I:,:.", _~,\,:.",'I\\\1 _ ________ r.>1 I, ' . .. ... '\' __ -u--=--~r' (l I. '. '\' '. - - ~O, RO, J - "c,,',"CC" c-- -, - ;- " 'CC"', - -:~: " __-~-,~'-~' - '-----" ~ -- -~- ~--~RT CORRIDO;~ ~ ~~E ~ j JOO N . C r TY OF HOrK I NS F I GIi{<f I 9th AVE. LIGHT RAIL TRANS1T AVAILABLE INTERSECT10N If:J ACCESS ANA( YS 1 S TURN MOVEMENTS AFTER \7 ~E!.~:~~22,[,,~,~(^~~~~~~~~~,;~~~,?~ -.. LRT CONSmUCTION . Mr. Jim Kerrigan -2- June II, 1990 . Graphic illustrations of the route changes have been prepared for the six block faces along 9th Ave. from Co. Rd. 3 to 1st st. No. These graphics illustrate only the new routes which must be utilized for ingress or egress as a result of LRT construction and depict the most convenient new route. The existing routes which must change are not shown. Also, existing routes which are not affected are not shown. Figures 2-7 present the access route changes. Key aspects of each are summarized below. Figure 2 presents the new routes for the block north of Co. Rd. 3, west of 9th AVe. One inbound route is affected while three outbound routes change. The full movement access points to the Car Care (11th Ave. S.) and Post Office (1st st. So.) are not affected. Figure 3 presents the block north of Co. Rd. 3, east of 9th Ave. Three inbound routes and one outbound route are affected. Figure 4 presents the routes for the block north of 1st st. . So., west of 9th AVe. Two inbound and three outbound routes are changed. Full movement access on 1st st. So. for the parking area south of the park is unaffected. Figure 5 shows the block north of 1st st. So., east of 9th Ave. Three inbound and two outbound routes are changed. Full movement access points for the Clinic at 1st st. So. and public parking lot at 8th Ave. So. are unaffected. Figure 6 shows the route changes for the block north of Main st., west of 9th Ave. All inbound movements are changed from 9th AVe. to loth Ave. Given the restrictions at 1st St. No., no inbound movements on 9th Ave. are expect eo to occur. Outbound movements to Main st.jCo. Rd. 3 do not change. Figure 7 presents the route changes for the block north of Main st., east of 9th Ave. No inbound movements from Main st. and Co. Rd. 3 are changed. However, access from 1st st. No. will be infeasible given restrictions at the 9th Ave./1st st. No. intersection. All outbound movements are changed. The full movement access points for the public parking area adjacent to 8th Ave. No. are unaffected. . ,~I L~ /- ~j II__~=-=-~_~ =~~-....c-_~ _~ · l~r(i~ST:~ ~~:~i- -j--'- -I] . f ~ I - . _, P Q _.1 [ 1'1 ,,' ~." ["'HLL; '> I I , l F /- ir ~ u..:...l~\\: b,." .\'..' I t I , I . , ' .. t . I . f f .'., ~'=.':t'<;-'l:h~L.;t "l<c.'-,!-,;--;.y;, (,IL--- J !!. 'f.Y."'('(-0,l;(dl.'l,<t,~I-lLt" ~ I 15J.V:(:~?t;'>~/~~rSAJ~'~;~i:'f<~. ~ ' '-l,t:, ;('~<{(L' .l'!.~L:q,L., I : . ~\<.- '-(t 'l?~ ).~, "",( 'h,~'(,~ ":' ';~ '..,:. ) ..v. i.{,.~ '.1..( '~'V""'_ l, I ;-;?~ t. ,( 1< t~' "4~l ,':c '':.~ll' . ..- ,l , " ,'l.. <. ' . f.... _ I I I ,,:.G';'l\:.'L.'.l.' ,(,'- ~..::{' (''-'.,5, ' -- . '~'",,-r" ., '..> '. ",,-,, 0 I " i ;~ IW'Tt. ONl Y ROUT(S WHICH AR; D1rF(nfNT fAO'-1 _ _ _ I I l, 17 J EXIST''''G AOUT(S AilE SHOWN I (I' ~ J. 'I '- """"NO "0"" "^",, . ' I. - - - 3 OUT80UND ROUTf CKANG(S f II \ I ~~~}tW . I r {' -'8I: ] , ' I ~\&P1~~, I ( ;) I,e- --~ '.',' _--.J, lit ::-:-~') I' ___' ) -, 1 ST ST. S. ~, -- t r - --- . - ___ n , , /..," I, .. ! ,i N -~ ! ; I~II ~ '/ ' ]g! G I ' Ii ~~ H~;n, U ~( ~L jJ, ,~ (-- - I "f ~\\\\ "ll'\ II I ' ", " II'r ,., ,. \. , " f , \ \ \ I . _I I '_", .... ) . -' r ~ __ __---=:_=_ =- __~ _..:. ' ~ ' -_/ --- --;;.;.,-----=-------~~:~, .t , ---- ! co. RD_ 3 - - _ _ 0 200 N FIGURE 2 · CITY or l/or~'KINS 9th AVF. ReVISFD ROUTES TO/FROM LIGHT RAIL TRANSIT MACN ST. AND co. RD. 3 ACCf::SS ANAL YS I 5 hI lTH 9th A V(. LRT (}r) 8[NS1100r 8 ^SSOC1^ T E S, INC ,7 rll^t",I'IHII^'I/~tl-'lUnt""TJf'1~'Sf 1"1)/~.~11r '/0.+11':::: , ) ~ ~ .l} [... ------ ,. =) / L. "~ '~ ~ . ). MAIN $I: ________ ~ J JI~ n : ] f, i ] rJ r~~_ ~_~ I~ !MJr, t@I'~~ ] J) } '. I . I , i ==w 0.,. ) I l f - lr ~, t I , r I /' .'~''t, C 'l.l t<...; > "~'''' :~'t'-;",e (:- !!] ',I '?1..,~'H~ '-, ~ '.~j.,"Si~'!:,t.L'V' ---< I" iii-" "., ',,\., f ".C".~ f,.. ~. -~l" ifC1:1t-;'::' ~"'.YI'O-\.~~ ~) . ~'L1-<.(: ~'- ~ ,,j.. .{.(....,~"., ;":' I '. ,-' t L( ,(Q.".""''/t::.t... .'.'_,{, I i J ,:.<..& ~Cl'- to(.... ,~:\.,;..,-tt,~' '- ;~-'L'-:'{"'~" >'1.<:' .t., '-'_~'.(, r ('-" ~ I '~.,,--..?_'-<..~~ 0- . ~ - ---_no ~,','.:.:...:\..~:i I == t {77 '/' NOTE: ONl Y /lOUT(S WHICH ARE DIFFERENT FROM - "-- I I r (XISTlNG ROUTES ARE SHO\NN, I J . II -- J INBOUND /lOUT[ CHANGES I - - - · ""'"""'" """" C"^"O~III!J "- '1'1; '. r .~) l ------r1, ~ ~-=" p ~,; ") -- 1ST ST. S. ---. "'\ .r Dr {[ -- - - . \ . I J D: I ~ Ii I 01 d . J .. > <( ::x: ~-o~ I ~( 0') T- (- - Ii I f II II ~ - ) , , , ,-~------- ----- f ----- ! --- I ---- r. co. AD. 3 ___' 0 200 N FIGUPE 3 . CITY OF 1I0PKINS 9th AVE. REVISED ROUTES To/rROM LIGHT RAIL TRANSIT MAIN ST. AND CO. RD. 3 ACCESS ANALYSIS WI TH 9th AVE'. un ' W BENS/J()()F" ASSOCIAf FS. (f'-lc. I n....N'ir'OIl It,1 Wl'~ "t~f) I "rJll t'--::f ("t )rJr-:t" 1 AI., l ':. . .. : I t ~ -=~j / _::::-= ~?_ ..:.- -~- .:.o.-~ . ~ - ~- . ~-~Mt 51::-__ 'II - -- J I ] I l' ) [ 1 (' I I -. [~ ~ /.' , ,~ l - .;. / :, i ~ I I) I ' - - ': L bL;" , ; ~ F ~ I - ir ~ . u..:...l.~\: \\""~] l I . ., I I I . --< .";-'1 'I,K~I~t~l*"'" '-.\~~~\~~: (:- -~'c'~ '"'I'L(' I~. ~ ' , '_~l4.:L;< ell' '.' t ....I..-,t.,: ,,,"t:,-- :-';l'.~:'~/ I j I ..b:,tt{l' .<..,::_.t. '. 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