HomeMy WebLinkAbout21-047 - ADMIN Resolution - City Council - 2021/04/05Resolution No. 21-047
Resolution approving a conditional use permit to place
522 cubic yards of fill in the Minnehaha Creek floodplain
for the purpose of raising Boone Avenue above the floodplain elevation
Whereas, Target Corporation applied for a conditional use permit to place 522 cubic yards
of fill in the Minnehaha Creek floodplain; and
Whereas, Target Corporation intends to reconstruct Boone Avenue from 36th Street West
to 37th Street West. The reconstruction involves raising a portion of Boone Avenue above the
Minnehaha Creek floodplain to reduce the frequency of road closures due to Boone Avenue
being inundated by flood waters from Minnehaha Creek; and
Whereas, a minimum of 522 square feet of compensatory storage is required to mitigate
the fill placed in the floodplain. Target Corporation will construct approximately 971 square feet
of compensatory storage which exceeds code requirements; and
Whereas, plans for the Boone Avenue reconstruction and floodplain impacts were
reviewed by the Minnehaha Creek Watershed District, MNDNR, and Minnesota Board of Water
and Soil Resources. Approval of permits for the project is a condition of approval; and
Whereas, the City of St. Louis Park Planning Commission held a public hearing and
recommended adoption of an amendment to said Plan on March 3, 2021; and
Whereas, the City Council considered the advice and recommendation of the Planning
Commission; and
Whereas, the contents of Planning Case File 21-03-CUP are hereby entered into and made
part of the public hearing record and the record of decision for this case; and
Now therefore be it resolved by the City Council of St. Louis Park that the conditional use
permit to place 522 cubic yards of fill in the Minnehaha Creek floodplain as indicated in the
Boone Avenue reconstruction plans, which are adopted by referenced, is hereby approved with
the following conditions:
1. The site shall be developed, used, and maintained in accordance with the approved
official exhibits.
2. Assent Form and official exhibits shall be signed by the applicant.
3. Prior to starting any land disturbing activities, the following conditions shall be met:
a. Assent Form and Official Exhibits shall be signed by the applicant.
b. A preconstruction meeting shall be held with the appropriate development,
construction, private utility, and city representatives.
c. All necessary permits shall be obtained.
d. A performance guarantee in the form of cash escrow or irrevocable letter of credit
shall be provided to the City of St. Louis Park for all public improvements (street,
sidewalks, boulevards, utility, streetlights, landscaping, etc.) and landscaping.
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Resolution No. 21-047 2
e. Final construction plans for all improvements shall be signed by a registered
engineer and submitted to the City Engineer for review and approval.
4. 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 10 p.m. and 7 a.m. Monday through
Friday, and between 10 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.
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. Care shall be taken on protect the signal loops in Boone Avenue at 36th Street
West. Target will replace the loops if damaged.
g. If the geofoam used in the construction of 37th Street West is damaged, then it
will be replaced by Target.
h. The reconstructed Boone Avenue shall extend up to the edge of the 37th Street
West overlay completed five years ago.
i. The crosswalk at the south leg of the intersection of Boone Avenue and 36th
Street West shall be replaced with ground in-thermoplastic crosswalk blocks.
Any other pavement markings shall be replaced with in -kind materials.
j. The striping at the south leg of the intersection of Boone Avenue is to be
replaced with epoxy paint or ground in thermoplastic.
k. Install the “turn” storm structure for the st orm sewer entering the new pond
outside of the sidewalk.
5. Maintain a minimum boulevard five feet in width between street curb and sidewalk
except where the existing fence around the pond prevents this.
6. Update the detail plates to the current city details.
7. CenterPoint Energy and Century Link provide written approval of the project and that
their objection has been resolved.
8. Use MNDOT specified pond or wet prairie seed mix around the pond.
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.
10. The conditional use permit shall be revoked and cancelled if the building or structure for
which the conditional use permit is granted is removed.
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Resolution No. 21-047 3
Reviewed for administration: Adopted by the City Council April 5, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
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