HomeMy WebLinkAbout19-085 - ADMIN Resolution - City Council - 2019/08/05Resolution No. 19-085
Resolution authorizing a temporary right to construct and acceptance of a
temporary access for the Southwest Light Rail Transit (SWLRT) Project
Whereas, the City of St. Louis Park (City) has been working with the Metropolitan
Council, host cities, public agencies and public transit funders in planning for the Southwest
Light Rail Transit Project (Project); and,
Whereas, the Project is an approximately 14.4 mile extension of the METRO Green
Line, which would operate from downtown Minneapolis through the cities of St. Louis Park,
Hopkins, Minnetonka, and Eden Prairie; and,
Whereas, the Metropolitan Council, as part of its Project planning and design
responsibilities, identified properties and right-of-way that is needed for the construction and
operation of the Project; and,
Whereas, on July 8, 2015, the Metropolitan Council adopted a revised proposed
Project scope that identifies right-of-way currently owned by the City of St. Louis Park (City) as a
component of the proposed Project; and,
Whereas, the Federal Transit Administration signed the Record of Decision on July 15,
2016, determining that the requirements of the National Environmental Policy Act of 1969
(NEPA) have been satisfied. On August 10, 2016, the Council determined the Final EIS for
Project is adequate, concluding the state environmental review process for the Project under
Minnesota Rules chapter 4410; and,
Whereas, the Project has identified land owned by the City to be used as an In-Kind
Land contribution per 49 CFR 18.24(f). This land is located at the St. Louis Park water tower site,
west of Park Glen Road (shown on the attached exhibit) and is valued at $64,450; and,
Whereas, the City, our residents, businesses, and workers would benefit from the
Project as it could provide an attractive transportation option for residents and workers, and
increase redevelopment opportunities which could strengthening the City’s tax base; and,
Whereas, the City wishes to assist the Metropolitan Council in its preparation of
appropriate Project budget documents for its pursuit of federal funding for the Project, and
thereby to the extent required, wishes to transfer the referenced property right of the City to
the Metropolitan Council; and,
Whereas, the City adopted Resolution 16-112 on September 19, 2016 committing the
City to transfer property right of the City land at the St. Louis Park water tower site west of Park
Glen (shown on the attached exhibit) to the Metropolitan Council for the Project with no
budget outlay of Project funds from the Metropolitan Council to the City, consistent with
applicable law; and,
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Resolution No. 19-085 2
Whereas, the City desires to provide the Metropolitan Council with a fee title to
property for the construction of and a permanent driveway easement for access to the Traction
Power Sub Station (TPSS) to be located west of the Park Glen Road Water Tower and needed
for the construction and operation of the Project; and,
Whereas, on November 7, 2018, the Planning Commission of the City reviewed the
proposed conveyance of the property and found that such conveyance is consistent with the
City’s comprehensive municipal plan; and,
Whereas, the City currently owns and uses property adjacent to the site for the TPSS
for outside storage and accesses that property across property now owned by the Metropolitan
Council; and,
Whereas, the City’s approval of fee title to property and a permanent driveway easement
and any temporary construction right for the TPSS is contingent on the City receiving temporary
right to access a permanent easement for access to the City’s outside storage area; and,
Whereas, a Permanent Access Easement granting the City the right to access its outside
storage property by crossing the Metropolitan Council property has been prepared; and,
Whereas, a deed providing the Metropolitan Council fee title to land for construction of
a TPSS and a permanent easement granting access to the TPSS site from the City has been
prepared; and,
Whereas, the deed and easements by and between the City and the Metropolitan
Council are under review by and require approval by the Federal Transit Administration (FTA);
and,
Whereas, the Metropolitan Council is seeking to begin construction of the SWLRT
(Green Line Extension) Project as soon as possible and the City supports that effort; and,
Whereas, the City granting of a Temporary Right to Construct and the Metropolitan
Council granting a Temporary Right to Access would enable the SWLRT Project (Green Line
Extension) to continue construction;, and
Whereas, on December 17, 2018, the City Council originally approved the temporary
right to construct and temporary access for the SWLRT until July 1, 2019.
Now therefore be it resolved that after appropriate examination and due consideration,
the governing body of the City of St. Louis Park herby approves the Temporary Right to Construct
and Temporary Right to Access; and, authorizes the Mayor and City Manager to execute the
Temporary Right to Construct, conditioned upon the Metropolitan Council approving the
Temporary Right to Access for the City driveway to access its outside storage property until
February 1, 2020 or until the execution of permanent easements and deed for this property.
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Resolution No. 19-085 3
Reviewed for administration: Adopted by the City Council August 5, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
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