15-095RESOLUTION NO. 15 -095
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR MCES TO REPLACE AN EXISTING LIFT STATION IN THE SOUTHWEST
QUADRANT OF THE STATE HIGHWAY VCHRISTMAS LADE ROAD
INTERSECTION
WHEREAS, the City of Shorewood (the City) is the owner of real property (the
Property) located at 21445 State Highway 7 in the City of Shorewood, County of Hennepin,
State of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, Metropolitan Council Environmental Services (MCES) currently operates a
sanitary sewer lift station located on a permanent easement on the Property, and wishes to
replace the existing above - ground facility with a below - ground lift station and small building for
controls and a lavatory; and
WHEREAS, MCES has requested that the City convey a larger easement or fee title to a
portion of the Property to MCES for the proposed improvements; and
WHEREAS, "governmental and public regulated utility buildings and structures" are
allowed by conditional use permit in residential zoning districts and MCES has applied for a
conditional use permit to replace the existing lift station; and
WHEREAS, MCES' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 2
April 2015, which memorandum is on file at City Hall; and
WHEREAS, MCES' request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Director, dated 26
March 2015, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 7 April 2015, the minutes of
which meeting are on file at City Hall; and
WHEREAS, MCES' request for a conditional use permit was considered by the City
Council at its regular meeting on 27 April 2015 and again at its meeting on 14 December 2015,
at which time the Planner's memorandum, the City Engineer's memorandum and the minutes of
the Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
1. The Property is located in an R -lA /S, Single- Family Residential /Shoreland
zoning district and contains approximately 2.9 acres of land.
2. MCES' plans include the construction of a new below - ground lift station with a
small building for controls and lavatory.
3. The Property was acquired by the City through tax forfeiture and has been used
by the City to upgrade the intersection of Christmas Lake Road and State Highway 7 and for
drainage purposes.
4. The City has determined that it will convey the entire parcel to MCES, receiving,
in return, a conservation easement over the wetland area, and drainage and utility easements as
recommended by the City Engineer.
CONCLUSIONS
Based upon the foregoing, the City Council hereby grants the MCES'request for a
conditional use permit for a new lift station facility subject to the recommendations included in
the Planning Director's and City Engineer's memoranda, on file at City Hall and to the
following:
A. MCES will extend the Excelsior water main located to the west of the Property,
up to the intersection of Christmas Lake Road and Third Avenue.
B. MCES shall reconstruct the Christmas lake storm water outlet that extends
through the property.
C. MCES shall restore the wetland area disturbed by its construction activities.
D. The City shall prepare the necessary deed documents for conveyance of the
Property to MCES pursuant to Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of
December 2015.
Jean Panchyshyn, Cio Cle k
-2-
SctJWZero , litIa or
(Abstract property)
Lot 145,AUDITOR'S SUBDIVISION NUMBER 12D, according to the recorded plat thereof,
Hennepin County, Minnesota,
EXCEPTING therefrom that portion of the land condemned [n favor of the State of
Minnesota esevidenced by Final Certificate filed May 14, 1998 as Document No. 687195
ay described aa Parcel 216Bam shown un MINNESOTA DEPARTMENT {)F
TRANSPORTATION RIGHT OF WAY PLAT NO. 27+66 filed September 26, 1996 as
Document No. 5G89O79,
Further EXCEPTING therefrom that portion of the premises condemned In favor of the
Metropolitan Sewer Board ao evidenced bv Order filed AprUGi1973 as Document No.
4008351,
Further EXCEPTING therefrom that portion of the prernisyscondemned in favor ofthe
State of Minnesota as evidenced by Judgment and Decree filed March 7, 1936 as
Document No. 1Q3O472.