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IV.10. Second Reading: Ordinance 2017-1128 vacating a segment of 2nd Street South and authorizing its publication; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Nate Stanley, City Engineer Date: February 5, 2018 Subject: Second reading of Ordinance 2017-1128 vacating a segment of 2nd Street South and authorizing its publication Proposed Action Adopt Resolution 2018-005 approving the second reading of Ordinance 2017-1128 vacating a segment of 2nd Street South and authorizing its publication by title and summary Overview The petitioner, Hopkins Plaza Limited Partnership, requests vacation of 2nd Street South along the block adjacent to their property at 24 - 7th Avenue South (Hopkins Plaza Apartments) and granting them rights to the roadway and parking within this area. As part of the 8th Avenue reconstruction project, access to 2nd Street South was removed and this section of 2nd Street South now dead ends east of the 8th Avenue right-of-way (see attached exhibit). Minnesota Statute 412.851 and Section 12.06 of the City Charter empower the City to vacate right-of-way after a public hearing and making a finding that the proposed vacation is in the public interest. Staff finds that there is no continuing public need for this street segment and that vacating it as requested is in the public interest. Base on this finding, staff recommends the City Council approve this request, subject to: 1. Retention of an easement over all necessary property for drainage, utilities and public sidewalks. 2. Approval of an administrative subdivision combining the petitioner’s property with the vacated segment of 2nd Street South. 3. Execution of the Notice of Completion. On December 19, 2017, the City Council approved Resolution 2017-090, approving the first reading of Ordinance 2017-1128 vacating a segment of 2nd Street South. Should the City Council approve the 2nd reading of this ordinance, it will be published and take effect on February 15, 2018, subject to the conditions listed above. Attachments Resolution 2018-005 Vacation Exhibit Ordinance 2017-1128 1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-005 A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2017-1128 AND AUTHORIZING PUBLICATION BY TITLE AND SUMMARY WHEREAS, the City of Hopkins (the “City”) and Hopkins Plaza, Limited Partnership (the “Petitioner”) initiated the process to vacate a segment of Second Street South pursuant to Minnesota Statutes, section 412.851; and WHEREAS, the procedural history of this vacation process is as follows: 1. On December 19, 2017, following all required notices, the Hopkins City Council held a public hearing at its regular City Council meeting where all persons present were given an opportunity to be heard regarding the vacation. 2. Following the public hearing, the City Council determined that there is no continuing public need for the street segment and that vacating the street segment, as requested, is in the public interest, subject to (1) the City’s ability to maintain easements over the street segment for drainage, utilities, and a public sidewalk. 3. Following the public hearing, the City Council also adopted Resolution No. 2017-090 – A Resolution Approving the First Reading of Ordinance 2017-1128 Vacating a Segment of Second Street South. 4. Since the first reading, the ordinance has been amended to further condition the vacation on the Petitioner combining all portions of the vacated right-of-way with its adjacent parcel to the north (PID #2411722430235), and the Petitioner’s submission of any applications or other documents necessary to effectuate said combination. WHEREAS, section 3.03, subd. 1 of the Hopkins City Charter authorizes publication of lengthy ordinances by title and summary pursuant to the procedure outlined in Minnesota Statutes, section 412.191, subd. 4; and WHEREAS, the ordinance is lengthy and the City Council believes that the summary below would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins as follows: 1. That the City Council hereby reaffirms all recitals contained in Resolution No. 2017-090. 2. That the City Council approves the second reading of Ordinance 2017-1128 Vacating a Segment of Second Street South, as amended, and finds that said ordinance and all conditions provided therein are in the public interest. 2 3. The notice to be provided to the Hennepin County auditor and recorded in Hennepin County finalizing the vacation shall not be submitted or recorded with the county until all conditions contained in Ordinance No. 2017-1128, as amended, are met to the City’s satisfaction. 4. That the City Clerk shall cause the following summary of Ordinance No. 2017-1128 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Hopkins has adopted Ordinance No. 2017-1128 - An Ordinance Vacating a Segment of Second Street South which approves the vacation of the segment of the Second Street South right-of-way between 7th Avenue South and 8th Avenue South upon the completion of certain conditions precedent. The full text of Ordinance No. 2017-1128 is available for inspection at Hopkins City Hall during regular business hours. 5. That City staff shall keep a copy of Ordinance 2017-1128 at City Hall for public inspection and a full copy of the Ordinance shall be placed in a public location within the City. Dated: February 5, 2018 ___________________________________ Molly Cummings, Mayor ATTEST: ____________________________________ Amy Domeier, City Clerk Δ 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952)-890-0509 FIELD BOOK:DRAWN BY:JOB NUMBER: FOR: ©Bolton & Menk, Inc. 2017, All Rights Reserved H:\HOPK\T16107809\C3D\107809EA3.dwg 9/15/2017 12:21 PMR VACATION EXHIBIT HOPKINS, MN FILE NO. 4591PART OF: 2ND STREET S. RIGHT-OF-WAY WEST MINNEAPOLIS HENNEPIN COUNTY, MN CITY OF HOPKINS T16.107809 ERW SCALE IN FEET 0 60 120 PROPOSED VACATION DESCRIPTION: That part of 2nd Street South, as delineated and dedicated, in West Minneapolis, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the south line of Block 3, said West Minneapolis; lying westerly of the southerly extension of the east line of said Block 3; lying northerly of the northerly line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 3, PLAT 16, according to the recorded plat thereof, said Hennepin County; and lying easterly of a line described as follows: Commencing at the southwest corner of said Block 3; thence on an assumed bearing of North 72 degrees 26 minutes 08 seconds East along the south line of said Block 3, a distance of 1.30 feet to the point of beginning of the line to be described; thence southerly a distance of 33.75 feet along a non-tangential curve, concave to the east, having a central angle of 15 degrees 40 minutes 42 seconds, radius of 123.33 feet, chord bearing of South 10 degrees 29 minutes 33 seconds East, and a chord distance of 33.64 feet; thence South 18 degrees 19 minutes 53 seconds East, tangent to said curve, a distance of 4.03 feet; thence North 72 degrees 25 minutes 14 seconds East, a distance of 28.05 feet; thence South 17 degrees 34 minutes 46 seconds East, a distance of 22.59 feet to said northerly line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 3, PLAT 16, and said line there terminating. Reserving a perpetual easement for drainage, utility and sidewalk purposes over, under and across all of the above described vacated parcel of land, in favor of the City of Hopkins. _______________________________ Eric R. Wilfahrt License Number 46166 SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. __________ Date 9/15/2017 PROPOSED VACATION (16,116 SQ. FT.) S22-T117-R22-43 1 513452v3 DTA HP145-37 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2017-1128 ORDINANCE VACATING A SEGMENT OF SECOND STREET SOUTH THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the following described area of the following public street in the City of Hopkins, as depicted on Exhibit A attached hereto, be vacated as a street: SECTION 2. Said vacation shall be subject to, and shall not be finalized by the City until, the following conditions are met to the satisfaction of the City: 1. The City shall secure from Hopkins Plaza, Limited Partnership (“Petitioner”) an easement over all necessary portions of the above-described property for drainage, utilities and sidewalk that is satisfactory to City staff. 2 513452v3 DTA HP145-37 2. The City shall secure from Petitioner any applications or documents necessary in order to effectuate the combination of the entire vacated right-of-way with Petitioner’s adjacent parcel to the north (PID #2411722430235) pursuant to the City’s subdivision regulations and any other applicable laws. SECTION 3. The effective date of this ordinance shall be the date of publication. First Reading: December 19, 2017 Second Reading: February 5, 2018 Date of Publication: February 15, 2018 Date Ordinance Takes Effect: February 15, 2018 By: ____________________________ Molly Cummings, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk 3 513452v3 DTA HP145-37 EXHIBIT A