VII.1. First Reading - St Joseph's Church Easement Vacation; Lindahl
January 5, 2020 City Council Report 2020-05
St. Joseph’s Church Utility Easement Vacation
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 2020-068, approving the first
reading of Ordinance 2020-1162 vacating the north-south utility easement in Block 8, West
Minneapolis Addition.
Overview
The petitioner, Beacon Interfaith Housing Collaborative (Vista 44 Housing Limited Partnership) on
behalf of the property owner the Parish of St. Gabriel the Archangel of Hopkins (St. Joseph’s
Church), requests vacation of the north-south utility easement in Block 8, West Minneapolis
Addition. Vacation of this easement is necessary to prepare the subject property for redevelopment
by Beacon Interfaith Housing Collaborative who plans to construct the Vista 44 apartment building.
With the sale of the southern portion of this property (PID 24-117-22-34-0300) from St. Joseph’s
Church to Beacon to construct the Vista 44 apartment building, the church as agreed that the
easement is no longer necessary and requests it be vacated. Given this request by the church, staff
finds no continuing public need for the easement and recommends the City Council approve this
request.
Primary Issues to Consider
• Background
• Alternatives
Supporting Documents
• Resolution 2020-068
• Ordinance 2020-1162
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2020-05
Page 2
Background
In December of 2019 Beacon Interfaith Housing Collaborative (Vista 44 Housing Limited
Partnership) on behalf of the property owner the Parish of St. Gabriel the Archangel of Hopkins
received land use approval to construct the Vista 44 apartment building. The utility easement that is
requested to be vacated runs north-south through this property. In June of 1967, the City of
Hopkins approved resolution 1613 vacated the alley but retained an easement for public utilities. To
date, St. Joseph’s Church has maintained an electric line and light in this easement to illuminate their
parking lot. With the sale of the southern portion of this property from St. Joseph’s Church to
Beacon to construct the Vista 44 apartment building, the church as agreed that the easement is no
longer necessary and requests it be vacated.
Given this request by the church, staff finds no continuing public need for the easement and
recommends the City Council approve this request subject to the execution by the City and
Petitioner, or an affiliated entity of Petitioner, of a Planned Unit Development (PUD) Agreement
that meets all requirements of the city attorney.
Alternatives
1. Approve the first reading of Ordinance 2020-1162. By approving the first reading of this
ordinance, this application will move forward for a second reading and formal approval at the
January 19, 2021 City Council meeting.
2. Deny the first reading of Ordinance 2020-1162. By denying the first reading of this ordinance,
this application will not move forward for formal approval at the January 19, 2020 City Council
meeting. Should the City Council consider this option, it must also identify specific findings
that support this alternative.
3. Continue for further information. If the Planning & Zoning Commission concludes that further
information is needed, the items should be continued.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-068
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2020-1162
VACATING A UTILITY EASEMENT IN BLOCK 8, WEST MINNEAPOLIS ADDITION
WHEREAS, on January 5, 2021, pursuant to a petition from Beacon Interfaith Housing
Collaborative, on behalf of the Church of St. Joseph of Hopkins, a Minnesota religious corporation,
the Hopkins City Council was presented with Ordinance 2020-1162 regarding the proposed vacation
of the utility easement in favor of the City of Hopkins, as reserved in Resolution No. 1613 filed
September 20, 1967 as Document Number 3676546 (Abstract) and filed October 11, 1967 as
Document Number 890094 (Torrens), and also reserved in Ordinance No. 284 filed January 26, 1968
as Document Number 3699977 (Abstract), which lies within the vacated North-South alley in Block
8, West Minneapolis, lying between a line extended across said vacated alley from the Northwesterly
corner of Lot 7 to the Northeasterly corner of Lot 25 and a second line from the Southwesterly corner
of Lot 16 to the Southeasterly corner of Lot 17, all in said Block 8, West Minneapolis, Hennepin
County (the “Easement”).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins
as follows:
1. That the City Council hereby approves the first reading of Ordinance 2020-1162.
2. Pursuant to Hopkins City Charter, section 12.06 and Minnesota Statutes, section 462.358,
subd. 7, a duly noticed public hearing shall be held during the regular city council meeting on
January 19, 2021 in order to allow public input regarding the proposed vacation of the
Easement.
3. Following the aforementioned public hearing, City staff shall present Ordinance 2020-1162
for a second reading, as required by the Hopkins City Charter.
Dated: January 5, 2021
___________________________________
Jason Gadd, Mayor
ATTEST:
____________________________________
Amy Domeier, City Clerk
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2020-1162
ORDINANCE VACATING UTILITY EASEMENT IN BLOCK 8,
MINNEAPOLIS WEST ADDITION
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Pursuant to a petition from Beacon Interfaith Housing Collaborative (“Petitioner”),
on behalf of the Church of St. Joseph of Hopkins, a Minnesota religious corporation, the utility
easement in favor of the City of Hopkins, as reserved in Resolution No. 1613 filed September 20,
1967 as Document Number 3676546 (Abstract) and filed October 11, 1967 as Document Number
890094 (Torrens), and also as reserved in Ordinance No. 284 filed January 26, 1968 as Document
Number 3699977 (Abstract), which lies within the vacated North-South alley in Block 8, West
Minneapolis, lying between a line extended across said vacated alley from the Northwesterly
corner of Lot 7 to the Northeasterly corner of Lot 25 and a second line from the Southwesterly
corner of Lot 16 to the Southeasterly corner of Lot 17, all in said Block 8, West Minneapolis,
Hennepin County, is hereby vacated, subject to the following condition: (i) execution by the City
and Petitioner, or an affiliated entity of Petitioner, of a Planned Unit Development (PUD)
Agreement that meets all requirements of the city attorney.
SECTION 2. The effective date of this ordinance shall be the date of publication, although the
easement vacation shall not take effect until the aforementioned condition is satisfied, after which
the city clerk shall execute, present, and have filed the requisite notice of completion related to
these proceedings.
First Reading: January 5, 2021
Second Reading: January 19, 2021
Date of Publication: January 28, 2021
Date Ordinance Takes Effect: January 28, 2021
By: ____________________________
Jason Gadd, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk