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Staff ReportsCITY 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 -021, "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 5/0. #5B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Mueller — Request for Partial Right -of -Way Vacation — Galpin Lake Boulevard Meeting Date: 9 May 2011 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Exhibit A —Site Location Map Exhibit B —Site Plan Exhibit C — Draft Resolution Policy Consideration: Should the City vacate a portion of the public right -of -way for Galpin Lake Boulevard? Background: Joe and Pam Mueller, DBA MN INBOARD, have requested vacation of a portion of Galpin Lake Boulevard (see Site Location map — Exhibit A, attached) that abuts the east side of 712 and 734 Galpin Lake Road (in Excelsior). The property is owned by Frostad Development and the Muellers intend to build a new building on the Excelsior site. Their plans include using the vacated right -of -way for site development. The westerly half of the right -of -way is located in Excelsior and the Muellers have a similar application in to the City of Excelsior. The area in question is quite unusual in that the Shorewood municipal boundary juts north across Highway 7 to include the Hilltop Restaurant property, two other parcels, and the R.O.W. in question. For all practical purposes the area and R.O.W. in question are part of Excelsior. According to the applicant, Excelsior has conducted a sketch plan review of their plans, including R.O.W. vacation, and has viewed the project favorably. Shorewood staff has reviewed the request from a transportation and utility perspective and raises no objection to the vacation. Utilities to the restaurant are located on Water Street, and MNDOT severed the connection of the street in question to Highway 7 several years ago. Financial or Budget Considerations: Vacation of the right -of -way eliminates any maintenance expense or liability to the City of Shorewood. Options: Approve the request and adopt the resolution attached hereto as Exhibit C; or deny the request. Recommendation / Action Requested: Staff recommends that the attached resolution be adopted and released to the applicant, subject to Excelsior's approval of the vacation of the westerly portion of the right -of -way. Next Steps and Timelines: Upon receipt of evidence that Excelsior has approved vacation of the westerly portion of right -of -way, the Shorewood resolution (see Exhibit C) will be released. The applicants must then record the documents with Hennepin County. Connection to Vision / Mission: This item probably falls under Excelsior's mission statement more than ours. 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 NORTH GOVT LOT 5 F,Vice1,�,io,t 9.0%,d. oZ m t+1,6s5 0 10 :62) 165 42 10 t10) 58 u 165 43 10 165 N 141.4 -i118 );SUS) 44 (i25) /1. 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RESOLUTION VACATING A PORTION OF GALPIN LAKE BOULEVARD WHEREAS, Notice of Public Hearing on the proposed vacation of a portion of the public right -of -way for Galpin Lake Boulevard 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 portion of Galpin Lake Road, legally described in Exhibit A, attached hereto and made a part hereof, be and hereby is vacated. 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: Brian Heck, City Administrator /Clerk Exhibit C Legal Description of Public Right -of -Way to be Vacated: (insert legal description) Exhibit A