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V.1. Second Reading of Ordinance 2020-1162; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: January 19, 2021 Subject: Second reading of Ordinance 2020-1162 vacating the north-south utility easement in Block 8, West Minneapolis Addition and authorizing its publication Proposed Action Move to adopt Resolution 2020-069, approving the second reading of Ordinance 2020-1162 vacating the north-south utility easement in Block 8, West Minneapolis Addition and authorizing its publication. 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. The City Council approved Resolution 2020-068 approving the first reading of Ordinance 2020- 1162 on January 5, 2020. Tonight, the Council should hold the second reading of this ordinance and conduct a public hearing. Staff has followed all required notices for this process including 2 publications in the Sun Sailor and mailed notice directly to St. Joseph’s Church and the Hopkins Legion. As of the writing of this memo, staff had received no public comments regarding this vacation. Staff will provide an update on any comment received during the public hearing. Attachments • Resolution 2020-069 • Ordinance 2020-1162 1 695160.v1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-069 A RESOLUTION ESTABLISHING FINDINGS AND APPROVING THE SECOND READING OF ORDINANCE 2021-1162 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 approved the first reading of Ordinance 2020-1162, an ordinance conditionally vacating that certain 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 (the “Easement”); and WHEREAS, on January 19, 2021, following all required notices, the Hopkins City Council held a public hearing during its regular City Council meeting regarding the proposed Easement vacation; and WHEREAS, all persons who desired to provide input or otherwise participate during the public hearing were given an opportunity to do so; and WHEREAS, the City hereby finds that upon the satisfaction of the conditions contained in Ordinance 2020-1162, there is no continuing public need for the Easement and that, upon satisfaction of those conditions, vacating the Easement is in the public interest. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins as follows: 1. That the above recitals are incorporated into this Resolution as findings as if fully set forth herein. 2. That the City Council hereby approves the second reading of Ordinance 2020-1162 and finds that said ordinance is in the public interest. 3. That the City Clerk shall cause Ordinance No. 2020-1162 to be published in the official newspaper. 4. That following the publication of the ordinance and the satisfaction of any and all conditions contained therein, the City Clerk shall execute a notice of completion related to these proceedings, present it to the Hennepin County auditor, and file it with both the Hennepin County recorder and the Hennepin County examiner of titles. 2 695160.v1 5. City staff and consultants are hereby authorized and directed to take any other actions deemed reasonable and necessary to carry out the intent of this Resolution. Dated: January 19, 2021 ___________________________________ Jason Gadd, Mayor ATTEST: ____________________________________ Amy Domeier, City Clerk 1 695158.v1 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