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HomeMy WebLinkAbout26-023 - ADMIN Resolution - City Council - 2026/02/02Resolution No. 26-023 Approving preliminary and final plat of Parkway on 5 located at 5430 Minnetonka Boulevard Whereas, Sela Investments, Ltd., LLP applied for a preliminary and final plat in the manner required for platting land under Chapter 26 of the St. Louis Park city code for the purpose of constructing a three-story, 33-unit apartment building with a mix of underground and surface parking at 5430 Minnetonka Boulevard; and Whereas, the proposed preliminary and final plat has been found to be in all respects consistent with the comprehensive plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park; and Whereas, the proposed preliminary and final plat is situated upon lands in Hennepin County, Minnesota, legally described in “Exhibit A” attached hereto; and Whereas, the contents of Case No. 25-10-S are hereby entered into and made part of the record of decision for this case. Now, therefore be it resolved the proposed preliminary and final plat of Parkway on 5 is hereby approved and accepted by the city as being in accord and conformity with all ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that this approval is made subject to the opinion of the city attorney and certification by the city clerk and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the conditions of the zoning ordinance, approved official exhibits and city code. 2. Construction and staging information will be provided to staff for review and approval before building permits are issued. 3. All new utility service structures shall be buried. 4. The final plat shall be recorded within two years after approval of the final plat. If the final plat is not recorded within the two-year period, then the preliminary and final plat shall be considered void, unless a request for a time extension is submitted in writing and approved by the city council. 5. Prior to the city signing and releasing the final plat to the developer for filing with Hennepin County: a. A financial security in the form of cash escrow or letter of credit in the amount of $6,000 shall be submitted to the city to ensure that a signed mylar Docusign Envelope ID: FDFD41E4-9A8C-4C83-8A28-73E9605E6B13 copy of the final plat is provided to the city ($1,000) and the placement of iron monuments ($5,000). b. A planning development contract shall be executed between the city and developer that addresses, at a minimum: i. The installation of all public improvements including, but not limited to the trail located directly east of the property, the driveway apron on Vernon Avenue South and adjacent sidewalks, road repair for utility connections, and the execution of necessary easements related to such improvements. ii. Recording of a sidewalk easement along Minnetonka Boulevard. iii. Maintenance agreement related to the adjacent public trail. iv. Encroachment agreement for retaining walls within drainage and utility easements. v. Changes that may be approved administratively to reduce disruptions to Minnetonka Boulevard during construction. vi. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 1.25 times the estimated costs for the installation of all public improvements, placement of iron monuments at property corners, and landscaping. vii. Upon city approval and acceptance of private site improvements, the developer shall provide a one-year warranty in the form of a cash escrow or letter of credit for 25% of the final construction costs of the improvements. viii. The applicant shall reimburse the city attorney’s fees in drafting/reviewing such documents as required in the final plat approval. ix. The mayor and city manager are authorized to execute the development agreement. c. The park and trail dedication requirements have been met through land dedication, cash-in-lieu of land, or a combination of the two. 6. Prior to starting any land disturbing activities, the following conditions shall be met: a. Proof of recording the final plat shall be submitted to the city. b. A preconstruction meeting shall be held with the appropriate development, construction, private utility and city representatives. c. All necessary permits shall be obtained. 7. The developer shall comply with the following conditions during construction: a. All city noise ordinances shall be complied with, including that there be no construction activity between the hours of 7 p.m. and 7 a.m. Monday through Friday, and between 7 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. Docusign Envelope ID: FDFD41E4-9A8C-4C83-8A28-73E9605E6B13 c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The city shall be contacted a minimum of 72 hours prior to any work in a public street. e. Work in a public street shall take place only upon the determination by the city engineer (or designee) that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non-working hours. g. Temporary electric power connections shall not adversely impact surrounding neighborhood service. 8. Prior to the issuance of any permanent certificate of occupancy permit the private utilities, site landscaping and irrigation shall be installed in accordance with the official exhibits. 9. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. It is further resolved that the city clerk is instructed to record certified copies of this resolution in the office of the Hennepin County Register of Deeds or Register of Titles as the case may be. Reviewed for administration: Adopted by the city council February 2, 2026: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Docusign Envelope ID: FDFD41E4-9A8C-4C83-8A28-73E9605E6B13 EXHIBIT A All of Tracts A, B, and C described below: Tract A: Lot 15, except the north 80 feet thereof, and Lot 16, except the north 80 feet thereof, Auditor's Subdivision No. 351, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; excepting therefrom those parts conveyed to the County of Hennepin in Documents No. A-3876997 and A-3876998, lying westerly, northerly and easterly of the following described line: Beginning at the northeast corner of Lot 17 in said Auditor's Subdivision No. 351; thence southerly to a point on the easterly boundary of said Lot 17, distant 27.3 feet northerly of the southeast corner thereof; thence on an azimuth of 194 degrees 37 minutes 31 seconds for 223.52 feet; thence on an azimuth of 272 degrees 09 minutes 07 seconds for 210.49 feet; thence on an azimuth of 00 degrees 07 minutes 44 seconds for 181.58 feet and there terminating; Tract B: The northerly 80 feet of Lot 16, and the southerly 27.3 feet of Lot 17, Auditor's Subdivision No. 351, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, lying westerly of the following described line: Beginning at the northeast corner of said Lot 17;thence southerly to a point on the easterly boundary of said Lot 17, distance 27.3 feet northerly of the southeast corner thereof; thence on an azimuth of 194 degrees 37 minutes 31 seconds for 223.52 feet and there terminating; Tract C: The northerly 80 feet of Lot 15, Auditor's Subdivision No. 351, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, lying easterly of the following described line: Commencing at the northeast corner of Lot 17 in said Auditor's Subdivision No. 351; thence southerly to a point on the easterly boundary of said Lot 17, distant 27.3 feet northerly of the southeast corner thereof; thence on an azimuth of 194 degrees 37 minutes 31 seconds for 223.52 feet; thence on an azimuth of 272 degrees 09 minutes 07 seconds for 210.49 feet to the point of beginning of the line to be described; thence on an azimuth of 00 degrees 07 minutes 44 seconds for 181.58 feet and there terminating; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 100 from the lands herein conveyed. Docusign Envelope ID: FDFD41E4-9A8C-4C83-8A28-73E9605E6B13