16-058CITY OF SHOREWOOD
RESOLUTION NO. 16 -058
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR MCES TO REPLACE AN EXISTING LIFT STATION IN THE SOUTHWEST
QUADRANT OF THE STATE HIGHWAY VCHRISTMAS LAKE 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 6
July 2016, 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 19 July 2016, 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 25 July 2016, 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 -1 A/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 not contest the condemnation of the property,
provided MCES conveys 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 shall acquire the entire parcel through an eminent domain proceeding, deeding
back to the City a conservation easement over the wetland portion of the property and
drainage and utility easements as recommended by the City Engineer.
B. Water service to the site may be extended to the new facility from Excelsior's water
system to the east.
C. The proposed service extension shall be bored underground so as to preserve the wooded
area on the easterly portion of the property.
D. MCES shall reconstruct the Christmas Lake storm water outlet that extends through the
property.
E. MCES shall restore the wetland area disturbed by its construction activities.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
July 2016.
ATTEST:
an Panchyshyn, C Cl rk
Legal Description of Property
(Abstract property)
Lot 145, AUDITOR'S SUBDIVISION NUMBER. 120, according to the recorded plat thereof,
Hennepin County, Minnesota,
EXCEPTING therefrom that portion of the land condemned in favor of the State of
Minnesota as evidenced by Final Certificate filed May 14, 1998 as Document No. 687195
as described as Parcel 216E as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27 -66 filed September 26, 1996 as
Document No. 6639079,
Further EXCEPTING therefrom that portion of the premises condemned in favor of the
Metropolitan Sewer Board as evidenced by Order filed April 6, 1973 as Document No.
4008351,
Further EXCEPTING therefrom that portion of the premssis condemned in favor of the
State of Minnesota as evidenced by Judgment and Decree filed March 7, 1936 as
Document No. 1830472.
Exhibit A
2