Staff ReportsCITY OF SHOREWOOD
RESOLUTION NO. 11 -020
RESOLUTION VACATING PARTS OF ECHO ROAD
WHEREAS, Notice of Public Hearing on the proposed vacation of parts of the public
right -of -way for Echo Road in the City of Shorewood, Hennepin County, Minnesota, was
published in the Excelsior /Shorewood edition of the SUN-SAILOR NEWSPAPER on the 14th
and 21st days of April 2011, and in the LAKER NEWSPAPER on the 16th and 23rd days of April
2011; and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City
of Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 9th day of May, 2011, in the Council Chambers at
the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the portions of Echo Road, legally described in Exhibit A, attached
hereto and made a part hereof, be and hereby are vacated, subject to the following:
The westerly portion of vacated street be legally combined with the following
property:
"Lot 3, Block 1, Echo Hills, Hennepin County, Minnesota."
2. The easterly portion of vacated street be legally combined with the following
property:
"Lot 3, Block 2, Echo Hills, Hennepin County, Minnesota."
3. The owners of Lot 3, Block 1 and Lot 3, Block 2, Echo Hills agree to grant
drainage and utility easements as set forth in the Shorewood Planning Director's
Council Action Form, dated 9 May 2011, on file in the offices of the Shorewood
City Hall.
BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County
Offices in accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th
day of May 2011.
Christine Lizee, Mayor
ATTEST:
Legal Description of Public Right -of -Way to be Vacated:
(insert legal description)
Exhibit A
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
May 9, 2011
Page 2 of 13
C. Approval of an Agreement with Minnetonka Community Education for Lifeguard
Services for Crescent Beach
D. Accept Quote for Purchase of Seal Coat Rock, City Project 11 -07
E. Safety Training Proposal — Safe Assure
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
Discussion moved to Item 6 on the agenda.
5. PUBLIC HEARING
A. 7:15 P.M. — Consider a Request to Vacate a Portion of Echo Road Right -of -Way
Adjacent to 5685 and 5690 Echo Road
Mayor Lizee opened the public hearing at 7:17 P.M.
Director Nielsen explained that when Echo Hill was originally platted the road terminated in a cul -de -sac.
When Echo Hills Second Addition was platted Echo Road was extended through to Country Club Road.
The turn- around was eliminated but the excess right -of -way associated with the original turnaround was
never vacated. William Waples, 5685 Echo Road, and Marilyn Linquist, 5690 Echo Road, have asked the
City to vacate portions of that excess right -of -way. The right -of -way places constraints on these two
property owners' ability to improve their properties because building setbacks are measured from the
right -of -way. Their lots end up being quite small when compared to the other properties in the area. Mr.
Waples and Ms. Linquist request the easterly portion of the excess right -of -way be legally combined with
Mr. Waples' property and the westerly portion of it be combined with Mr. Linquist's property.
Nielsen then explained Staff has only found one issue with this request. There is an existing watermain
that extends along the south side of Mr. Waples' property. Therefore, Staff recommends Mr. Waples be
required, as a condition of approval, to deed back to the City a ten - foot -wide drainage and utility
easement along the south end of the vacated property. Staff also recommends both property owners must
deed back a ten -foot drainage and utility easement abutting the new right -of -way line, noting this is
requested of any new lot. These easements do not affect the buildability of the lots because setbacks are
measured from the new property line.
Nielsen stated Staff recommends adopting the draft resolution included in the meeting packet which
releases the excess right -of -way to Mr. Waples and Ms. Linquist subject to their execution of the required
drainage and utility easements, and the vacation and the easement deeds being recorded consecutively.
Nielsen noted Mr. Waples is present this evening.
Mayor Lizee noted this appears to be the right thing to do and it's long overdue.
In response to a comment from Councilmember Zerby, Director Nielsen explained the fire hydrant is
located at the edge of pavement. In response to a question from Zerby, Nielsen explained the City's
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CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
May 9, 2011
Page 3 of 13
required right -of -way for local streets is 50 feet. The traveled surface lies within the right -of -way and it's
typically one half of the right -of -way. Nielsen also explained the 10 feet easement is in addition to the
right -of -way.
Director Brown additional right -of -way is also used for snow storage and maintaining the roadway within
the public right -of -way.
Director Nielsen noted the setback will be measured from the new property line.
Mr. Waples stated his intent is to pass his property on to his son. He wants to get this straightened out so
his property line is the same as his neighbor's.
Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 11 -0209 "A Resolution Vacating
Parts of Echo Road." Motion passed 5/0.
Mayor Lizee closed the public hearing at 7:24 P.M.
B. 7:25 P.M. — Consider a Request to Vacate a Portion of Galpin Lake Road Right -of-
Way Adjacent to Properties at 712 and 734 Galpin Lake Road in Excelsior
Mayor Lizee opened the public hearing at 7:25 P.M.
Mayor Lizee explained Joe and Pam Mueller, dba MN INBOARD, are trying to develop a property
located in the City of Excelsior that happens to abut the northerly extension of Galpin Lake Road and one
half of the right -of -way is located in Excelsior and the other half is located in the City of Shorewood.
Director Nielsen explained the agenda states Galpin Lake Road and the address for the properties is
Galpin Lake Road. The legal description for that portion of the street is Galpin Lake Boulevard; therefore,
that is what appears in the resolution.
Director Nielsen then explained the Muellers want to build a new building in Excelsior. He highlighted a
map showing the location of the proposed development site, the surrounding roadways and the boarder
between the Cities of Excelsior and Shorewood. He stated it's a fluke that a portion of the right -of -way
and triangular piece of land are even located in Shorewood. He noted the Muellers are asking Excelsior to
vacate a similar portion of the right -of -way. He stated it's his understanding that the Muellers have been
through a sketch plan review on their site plan with Excelsior and it appears that Excelsior is on board
with the plans for the property including vacating a portion of the right -of -way.
Nielsen stated Staff recommends adopting the draft resolution included in the meeting packet which
releases the easterly portion of the right -of -way to Joe and Pam Mueller, dba MN INBOARD, subject to
the City of Excelsior approving the vacation of the westerly portion of the right of way.
Councilmember Siakel stated it appears the City would be cleaning up some property lines that don't
make any sense.
Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 11 -0219 "A Resolution Vacating a
Portion of Galpin Lake Boulevard ".
Without objection from the maker, the seconder amended the motion to include subject to the City
of Excelsior approving the vacation of the westerly portion of the right-of-way. Motion passed 510.
#5A
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Waples — Request for Partial Right -of -Way Vacation — Echo Road
Meeting Date:
9 May 2011
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments:
Exhibit A —Site Location Map
Exhibit B— Survey
Exhibit C — Draft Resolution
Policy Consideration: Should the City vacate a portion of the public right -of -way for Echo Road?
Background: Mr. William Waples and Ms. Marilyn Linyquist own the properties at 5685 and 5690 Echo
Road, respectively (see Site Location map — Exhibit A, attached). When Echo Hills was originally platted,
Echo Road terminated in a cul -de -sac. Later, when Echo Hills Second Addition was platted, Echo Road
was extended through to Country Club Road. Although the original turn - around was eliminated, the
rather unusual square right -of -way was never vacated. The excess right -of -way places constraints on
the two property owners' ability to improve their properties, because building setbacks are measured
from the right -of -way. In order to resolve this issue, the property owners have requested that the
excess right -of -way to be vacated, lining up the resulting right -of -way with the properties to the north
and south of theirs (see Exhibit B, attached).
Staff has reviewed the request and raises only one issue with respect to the vacation. There is an
existing water main that extends along the south side of the Waples property. It is recommended that
Mr. Waples be required, as a condition of approval, to deed back to the City a ten -foot drainage and
utility easement along the south end of the vacated property. Similarly, both owners must deed back a
ten -foot drainage and utility easement abutting the new right -of -way line. These easements do not
affect the buildability of the lots since setbacks are measured from the (new) property line.
Financial or Budget Considerations: The value added to the subject properties is somewhat negligible,
however, their ability to improve their properties could contribute to the tax base in the long term.
Options: Approve the request and adopt the resolution attached hereto as Exhibit C; approve the
request without requiring drainage and utility easements; or deny the request.
Recommendation / Action Requested: Staff recommends that the attached resolution be adopted and
released to the property owners upon their execution of the required drainage and utility easements.
The vacation and the easement deeds must be recorded consecutively.
Next Steps and Timelines: Staff will prepare the respective drainage and utility easements for execution
by the owners. Upon execution, the owners must record the documents with Hennepin County.
Connection to Vision / Mission: This falls under the unwritten, but understood, portion of the mission
statement —"and other stuff'.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
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5685 Echo Road Shorewood, Minnesota
Legal Description:
c> Lot 3, Block 2, Echo Hills, Hennepin County, Minnesota
Proposed Legal Description For Street Vacation:
That part of Echo Road, as dedicated in Echo Hills, according to the recorded plat
thereof, lying southeasterly of a line drawn from the Southwest corner of Lot 2, Bloc'.
CO Echo Hills, to the Northwest corner of Lot 1, Block 1, Echo Hills 2nd Addition, Henn
° County, Minnesota. Subject to a Waterman & Utility & Drainage Easement over the
South 10.0 Feet measured at right angles to said South Line thereof.
Containing 3300 Sq ft.
N
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Exhibit B
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION VACATING PARTS OF ECHO ROAD
WHEREAS, Notice of Public Hearing on the proposed vacation of parts of the public
right -of -way for Echo Road in the City of Shorewood, Hennepin County, Minnesota, was
published in the Excelsior /Shorewood edition of the SUN-SAILOR NEWSPAPER on the 14th
and 21st days of April 2011, and in the LAKER NEWSPAPER on the 16th and 23`d days of April
2011; and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City
of Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 9th day of May, 2011, in the Council Chambers at
the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the portions of Echo Road, legally described in Exhibit A, attached
hereto and made a part hereof, be and hereby are vacated, subject to the following:
1. The westerly portion of vacated street be legally combined with the following
property:
"Lot 3, Block 1, Echo Hills, Hennepin County, Minnesota."
2. The easterly portion of vacated street be legally combined with the following
property:
"Lot 3, Block 2, Echo Hills, Hennepin County, Minnesota."
3. The owners of Lot 3, Block 1 and Lot 3, Block 2, Echo Hills agree to grant
drainage and utility easements as set forth in the Shorewood Planning Director's
Council Action Form, dated 9 May 2011, on file in the offices of the Shorewood
City Hall.
BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County
Offices in accordance with Minnesota Statutes.
Exhibit C
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th
day of May 2011.
Christine Lizee, Mayor
ATTEST:
Brian Heck, City Administrator /Clerk
Legal Description of Public Right -of -Way to be Vacated:
(insert legal description)
Exhibit A