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Ordinance No. 0812 04-16-1984 (2).: - � - ; �, _ STATE OF MINNESOTA ) ) COUNrY OF ANOKA ) ss ) CITY OF FRIDLEy ) I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract fram the Minutes of a COUNCIL MEETING of the City Council of said City held APRIL 16, 1984, with the original there of on file in my office, and the same is a full, true and complete transcript therefroqn insofar as the s�ne relates to: ORDINANCE N0. 812 AN ORDINAN(� iJ1�IDER SEGTION 12.07 OF TAE CITY C�IAR'i�R 'In VA(�iT�, S�EE'I5 AND ALLEYS AI�ID � ANIEND APPF�LVDIX C OF THE CITY QODE AYES: 5 (Ai,L) = NAYS: NOTiE WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City, this 8�I day of MAY, 1984. (SEAL) ENTERED • 19---�---`--� . .. /C • .......... .. . Audibr, A ka County 'Y_"-°"""'"-"'..-._• • - -°- i SIDNEY C CITY Q,ERK OF TfiE CITY OF FRIDLEY . � � , � ,� � � �.►• ►;�' . � :�� AN �tDIlJANCE L1AD�R SF7CTION 12.07 OF THE CITY CHARTER TO VA��TE S'IltEErS ArID ALLEYS AI�ID � AN�ND APPENDIX C OF THE CIZ'Y � �e City Council of the City of Fridley does ordain as follaws: S'ECTION 1. For the vacation of a street easement described as follows: 67th Avenue adjaoent to Lot 1, Block 2, Oak Grave Adciition. All lying in the North Half of Section 13, �30, R-24, City of Fridley, Coimty of Anoka, Minnesota SECTIO[�I 2. �e said vacation has been made in conformance with Minnesota I Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Cocle shall be so amended. PASSID AND ADOPTID BY �iE CITY OOUNCIL OF ZHE CITY OF FRIDLEY �4iI.S 167H L1AY OF APRIL, 1984. " ATI'FST: � \ ni —�� � w «�+• Public Hearing: April 2, 1984 First Reading: Aprii 2, 1984 Second Reading: April 16, 1984 Publish: April 25, 1984 2/8,/6/21 I / / f i i � � •• � :� � �� _, � . , � STATE OF MINNESOTA ) COUNTY OF ANOKA , ) ss CITY OF FRIDLEY , ) 2, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that I have earefully compared the attaehed Affidavit of Publieation with the original thereof on f ile in my office, and the same is a full, true and correet copy thereof and the same relates to: ORDINANCE N0. 812 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATION STREETS AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE PUBLISHED IN THE OFFICIAL NEWSPAPER F'OR THE CITY OF FRIDLEY, SUN NEWSPAPERS, IN THE APRIL 23, 1984 EDITION WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City this 8TH day of MAY, 1984. (SLAL) " � � SIDNEY C. INMAN CITY CLERK OF THE CITY OF FRIDLEY � , � � • __ _ SUN NEwSP�lPERS AFFIDAVIT OF PUBLICATION FRIDLEY SUN 5211 Central Ave. N.E. State of Minnesota County of Hennepin Fridley, Minnesota D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Columbia Heights-St. Anthony Sun and has full knowledge of the [acts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper tormat and in column and sheet form equlvalent in printed space to at least 900 square inches. (2) Said newspaper is weekly and is distributed at least once every week. (3) Said newspaper has 50% ot its news columns devoted to news of local interest to the community which it purports to aerve and does not wholly duplicate any other publication and is not made up entirely ot patents, plate matter and advertisements. (9) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribera, has an average of at least 75% of its total circulation paid or no more than three months in arrears and has entry as second-class matter in its local post-o(fice (5) Said newpaper purports to serve the City ot Columbia Heights and Hilltop in Anoka County, and St. Anthony in Hennepin and Ramsey counties, and it has its known office of issue in the City ot Fridley in Anoka County, establlshed and open during its regular business hours for the gathering of news, sales ot advertisements and sale of subscriptions and maintained by the managing officer ot said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business ot the newspaper and business related thereto. (6) Said newspaper [iles a copy ot each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicabie payment. (8) Said newspaper has complied with all foregoing conditions tor at least one year preceding the day or dates of publication mentioned below. (9} Said newspaper has filed with the Secretary of State of Minnesota prior ta January 1, 1966 and each January 1 thereafter an aftidavit in the torm prescribed by the Secretary of State and signed by the managing ofticer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Ne further states on oath that the printed_ Ord�A8I1Ce NO. 8 � 2 hereto aUached us a part hereof was cut from the columns of s�iid newspaper, and was prinl��d and published therein in the English language, once each week, for�11@successive weeks; that it was first so published on MOri �he 23 day of April ly $�i and was lhereatter printed and published on every to and including the day of , 19 and that the following is a printed copy ot the lower case alphabet from A to Z, both inclusive, and is t�ereby acknowledged as being the size and kind ot type used in the composition and publication o[ said notice, to wit: abcdefghijkimnopqrstuvwxyz I � /� ' Subscribed and sworn to before me this 2 3 day of APr i l 19 $ 4 '''�."`; MERIDEL M. H�96Lp1vS � NOTARY PUGLIC - MINNzSOT� HE^1NEPIPJ CQUPdTY My commission expires luly �, �qg6 Vac�t�ng �e want a certified copy of Ordinance No. 812 �acx���7�� Avenue N.�. adjacent to Lot 1, Block 2, Oak Grove Addition Jean Vevea, Deputy RegisCrar of Titles Sorry, this Ordinance is all ready of record r I STATE OF MINNESOTA CITY OF FRIDLEY In the Matter of Vacate part of 67th Avenue _.tf Z c� Fi i � CITY COUNCIL PROCEEDINGS VACATION Curtis A. Larson , Owner 6730 Madi son Street f�. E. The above entitled matter came before tt�e C.ity Council of the City of Fridley and was heard on the 16th , day of pr�l , 1984 , on a petition for a plat pursuant to t e City of Fridley s ppendix C of the City Code, for the following described property: Vacate 67th Avenue N.E. adjacent to Lot 1, Block 2, Oak Grove Addition it is ordered that a vacation be granted as upon the following conditions or reasons: See City Council minutes of April 16, 1984 sTa � E OF f�I �v���au � � COUNTY OF ANOICEI CITY OF FRIDLEY t � j sse. � . _: � � ,.,� _�.., _ _ ,�....v .�� ��� . r � .�� ._ �� .�_ � ---- ` � Rudi�oe. F;:�:^'=<•4 �ourtY �3Y OFFICE C�E �t�E CITY CLERK I, Sidney C. inman, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in rtly office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed m.v hand at the Cit,v of Fridlev, � Mi nnesota, i n the Countv of Anoka on the /'7 •t�' day of _`� �•� 9 �- DRAFTEQ BY: CitY of Fridlev 6431 Universit.y Ave. N.E. Fridley, MN 55432 � � �� SID EY C. IN1AN, CITY CLERK (SEAL) �e I � 4. � � ��. J�. „I��M/�. • ; �; � as noted in the minutes of the Planning Commission meeting of March 14, 1984. Councilman F declared the � 8:05 p.m. • � : 1���-. �,nan Aamernik to patrick. Upon a ion carried unanim � close the public hearing. Seconded by voice/�ote, all voting aye, Mayor Nee ouslv/and the public hearing closed at M�'PIpN by Councilman Barnette t��l�e this i em + Schneider. Upon a voice vote, all v�oting aye. carried unanimously. ►ded by Councilman declared the motion 5. QRnn�t�k^��' I,p g1 ��m vnrA�t*F 67Tfi A«� I� E�ACEI�TT Z� Tcrt� t. BLlX'iC 2. �C c;F���' n�ITTON (SnV �84-0� ) (FIRST Mr. Flora, Public Works Director, stated there was a petition to vacate 67th Avenue between Fridley and Anoka Streets and this vacation is to be added to Lot 1 of Block 2, Oak Grove Addition. Irlr. Flora stated there were stipulations associated with this vacation to provide a five foot utility easement along the east property line of Lot 1, Block 2 and a ten foot utility easement along the southerly and westerly boundaries. He further stated the vacation was subject to receipt of the survey and the vacated poztion of 67th be oo�►bined with Lot l, Block 2, Oak Grove Addition and recorded with the County. Councilman Schneider asked if a structure can be constructec7 to meet all the oode requirenents. Mr. Flora stated the petitioner, Mr. Larson, is aware of the setbacks required and the home proposed to be built will not require ariY varian�es. Mr. Larson, the petitioner, stated the hane would be an energy eff icient, probably a bi-level c7welling, meeting all the code requir�nents. Mr. & Mrs. Drevniak, 6684 Fridley Street, were present regarding this vacation request and inc3icated this was the f irst time they saw the proposal on haw the home would look. l+�TIpD1 by Councilman Schneider to waive the reading and adopt Ordinance No. 812 on second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried unanim�usly. l�ir. Qureshi, City Manager, stated he ass�nnes all the necessary easements needed on the permit is issued. the petitioner woulc7 provide property before the building Mr. Larson also requested the water loop line be installed as soon as possible. -4- J � ► We don�t want this for recording or filing on Cert. #54272 �� , . I We want just a certified copy oF the U�dinai'Cce vacatin� 67tr Ave. N. E. Jean Vevea, Deputy 1�egi�trar of Titles ,�� � ! �— �, A � �� � :i �� , �, ( �� _ / `- '� L�--' .� . . STATE OF MINNESOTA CITY OF FRIDLEY :. : In the Matter of of vacation SAV #84-01, to vacate 67th Avenue N.E. adjacent to Lot 1, Block 2, Oak Grove Addition (6�94 Fridley Street N.E.) � ������ ��a-_ ��� CITY COUNCIL PROCEEDINGS Curtis A. Larson , Owner VACATION The above entitled matter came before the City Cou�ci] of the City of Fridley and was heard on the �16th , day of April , 1y8� on a petition for a plat pursuant to t e City of Fridley s ppendix C of the City Code, for the following described property: 1►acate 6ith Avenue N.E. adjacent to Lot 1, Block 2, Oak Grove Addition by Ordinance #812 � r it is ordered that a vacation be granted as upon the following conditions or reasons: STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY See CounciT minutes of April 16, 1984 . with Ordinance #812 attached. / ) ss. ) ��� �� �� '��� -------•--�----�--� � , , -------- �� � ' •-- - -- -- .^�.�� _ , � �'.�'� -- ay� \ - \ _ iLil.��.r. . . . . OFFICE OF THE CITY CLERK I. Sidney C. Inman, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in rtty office. and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed m.v hand at the Cit.v of Fridlev, Mi nnesota, i n the Countv of Anoka on the �f,� day of i%�� . 19 �`f . DRAFTED BY: CitY of Fridlev 6431 Universit_v Ave. N.E. Fridley, MN 55432 SIDNEY C. N1AN, CITY CLERK (SEAL) � ,. � -+ /� ��♦ M�'��TI\. � i �f � . _ y , � ' , ., as noted in the minutes of the Planning Commission meeting of March 14, 1984. ------" ' ^- --_- - � t-�- �*��.....�t L i.. ..1 r.nw �1.e s»�}�l � haar; Tf[f .. CPCAf1A0A hV C-141 C-140: O�tUII�N('E #H12, AI)O�I'ID 4/16/84. � For the vacation of a street easement c�escribed as follaws: 67th Avenue adjacent to Lot 1, Block 2, Oak Grwe Addition. All lying in the North Half of Section 13, �30, I�40, City of Fridley, County of Anoka, Miru�esota. � : � 1►�� �.« � � �� L• _' � . : /?+�,1 � _ ! • «?i►� �� !� : � �, ! i N;��/_ ,�� •� 1 .� � �� ►. Mr. Flora, Public Works Director, stated there was a petition to vacate 67th Avenue between Fridley and Anoka Streets and this vacation is to be added to Lot 1 of Block 2, Oak Grove Addition. Mr. Flora stated there were stipulations associated with this vacation to provide a five foot utility easement along the east property line of Lot 1, Block 2 and a ten foot utility easement along the southerly and westerly boundaries. He further stated the vacation was subject to receipt of the survey and the vacated portion of 67th be combined with Lot 1, Block 2, Oak Grove Addition and recorded with the County. Councilman Schneider asked if a structure can be constructed to meet all the code requirements. Mr. Flora statec3 the petitioner, Mr. Larson, is aware of the setbacks required and the home proposed to be built will not require any variances. Mr. Larson, the petitioner, stated the home would be an energy efficient, probably a bi-level dwelling, meeting all the code requirements. Mr. & Mrs. Drevniak, 6684 Fridley Street, were present regarding this vacation request and inc3icated this was the f irst time they saw the proposal on haa the hane would look. MOTION by Councilman Schneider to waive the readin9 and adopt Ordinance No. 812 on second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, statec7 he ass�anes the petitioner would provide all the necessary easements needed on the property before the building permit is issued. � Mr. Larson also requested the water loop line be installed as soon as possible. -4- . . � '. � � ` ' ` " �- � mtJNCIL 1�TING OF APRIL 16, 1984 ' Mr. Blomberg, 1661 Camelot Lane, stated the estimated f igures are over $2,000 a lot higher for this property than Mr. Brickner's because of the additional fill needed for the roadway. Mr. Qureshi, City Man�ger, stated once the bids are received, it is hoped some agreesnent may be reached in order to proceed with Mr. Brickner's and lsr. Blanberg's developnents. l�DZ'ION by Councilman Schneic3er to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all v�oting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:55 p.m. �� � �, �?!� i 1� :! �: ►. • � �/• �; � ��� a.�?)� �:� ! 4 �:!� Mayor Nee reopenecl the public hearing on this project at 7:55 p.m. which was continued fram the April 2, 1984 Council meeting. Dr. Dennis Rens, Superintenc7ent of Schools, stated the concern of the School Board is the sale of the Rice Creek School property in a timely manner, as the sale of this property is part af their long-range financial plan. Mayor Nee stated the bids would be ordered so actual costs will be received and the developers would then know what their costs would be and a determination made if they wish to proceed. Mayor Nee stated the City would also be paying quite a sum for the park and its share of the street improv�nent. Mr. Qureshi, City Manager, stated the City desires to develop this area and felt the proposed plan is good. He felt if the developers are satisf ied with the costs, it w�ould be a nice development. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:56 p.m. :�s .! �� �►. � � � � � ��. L� � 1� ,� 1�.� i i �!� :� ��.M • r. t�l..���� �!4.._� � l�y. � �� � , . • �I. • � : ::��- �►. MD'I'ION by Coun�ilman Hamernik to waive the readin� ai the puhlic i��ari�� notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:00 p.m. Mr. Flora, Public Works Director, stated this is a request to vacate the existing alley and the portion of Gu�iwoa3 Street remaining north of 77th. Ae stated the utility companies were contacted regarding this proposed vacation and Northwestern Bell requires an easement down the alley; Minnegasco requires an ease�nent over the westerly one-half of all that part of Gimiwood Street proposed to be vacated; and Northern States Power would like to retain s�ne access on Gumwood Street in order to maintain their lines in the area. Mr. Flora stated the Planning Catunission has recommended approval of this vacation request with seven stipulations. These were outlined by Mr. Flora -3- 5. 6. s_ . 1�. v����1�. • � a: . . • � : �i r � � �_N� MOTION by Councilman Schneider to table t's appointment to the Energy 'ssion. Seconded by Councilman Ba ette. Upon a voice vote, all ��9 aYe► MaYor Nee declared the mo ' n carriecl unanimously. Mayor Nee stat�la "Cam�nons Park" f r� the staff regarding �there was an amendment proposed to eliminate ordinance and the Council has received a memo from Comnons Park was retained in this ordinance. Mayor Nee asked 'f there was tion to delete the amendment and include C,o�m�ons Park ' this ordinance. ere was no action by the City Council to change thei aet�cn from the last me ing. MOTION Councilman Schneider to waive reading and adopt Ordinance No. 811 o the second reading an order publicati . Seconded by Councilman H nik. Upon a voice vote, all voting aye, May e declared the motion ried unanimously. ��. �!? � 7. �„`'vITJERATION OF FIRST REIIDING OF AN ORDI^�"Y'F' 'rr� ��TE 67TH AVE1�1i1E N.E. T Tl T fl( {� 1�� I 1 f 1 1! I 1 1 R I l�� ! �\_/A[\ t7itli V 1J Li1J� MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. .: � • ,: ;; �� � �i : ; _ ' � ' �_ �����, ���)� i`i!!'!^\� _ .ii�+e.r���r_r�S� — _ MOTION by Councilman Schneider to receive the ' utes of the Charter 'ssion Meeting of February 27, 1984. S ed kyy Councilman Hamernik. Upon ice vote, all voting aye, Mayor e declared the motion carried unanimously. ����.•��� e�-����•� •, •'���_�� � �u MOTION by and 8. Bid Bond Hamernik to receive the ��i�•v 5$ United Pacific for repair of Wells No. b : �•. �,• � v• � 5$ � St. Paul Fire/Marine � .�" `rt' � � �� � �, �, � , � � � � � r � � . ,.. , i y � « . . � � �. . . w , i- . CY][11V('TT. j�F.TTi�i; OF T. . 19Rd PAGE 7�:: �`= Mr. Roy DeMars, 1464 Mississippi Street, questioned what lots would be assessed. Mr. Qureshi stated only the lots shown on the map would be assessed and thes would be the lots in Mr. Brickner's and Mr. Blomberg's plats plus the other five lots on 66th Avenue. Mr. Qureshi stated that Mr. DeMars wouldn't be assessed for this improvement. No other persons in the audience spoke regarding this proposed improvement. MOTION by Councilman Schneider to continue the public hearing until the next regular meeting. Seconded by Counci]man Fitzg�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. {�= .t_��_ ►. •� .L• � ��!� .��� '�! 1 4 MOTION by Councilm�n Schr:eider to waive the reading of the public hearing ii0i:ii.c c;:::u •.^.t.^"..:: }.^�' �:si?i� 41�SLIeAi�. �s,;0I1C1� .}�i`y CG't:;1Lli:�'cZ'1 i1:�a??'z'�:':?}�. C�nr� a voice vote, all voting aye, Mayor Nee declared the motion carriea unanimously and the public hearing opened at 9:10 p.m. Mr. Flora, Public Tnk rks Director, stated this hearing is for the water and sanitary sewer portion of Mr. Brickner's and Mr. Blomberg's plats. He stated the estimated cost of this improvement is $237,344. Mr. Flora stated the estimated cost for water and sewer laterals on 66th Avenue is $4,834.58 per lot; the estimated cost on Arthur Street is 54,296.00 per lot; and the estimated cost on Creek Park Lane for Mr. Brickner's portion is $5,428.00 per lot. Mr. Flora stated the cost on Creek Park Lane for Mr. Blomberg's plat is $2,900 per lot for sewer lateral only on two of the lots in this proposed plat as they have previously been assessed for water laterals. The estimated cost for water and sewer laterals for the remaining lots is $6,628.58 per lot. Mr. Flora stated, in th2 proposed park segment, one-half of the cost of the water and sewer laterals will be assessed to the proposed park property in an estimated amount of $20,850.00 and, on the north side, the estimated cost of water and sewer laterals is $4,170.00 per lot� Mr. Flora stated the project calls for the extension of sewer and water on 66th Avenue from the cul-de-sac to Arthur Street and on Creek Park Lane fram Old Central to Arthur Street completing a full waterloop. Mayor Nee stated he felt the developers would have to review these f igures to see if they wish to proceed with the developnents. ,� No persons in the audience spoke regarding this improvement. MOTION by Councilman Schneider to continue the public hearing until the next regular meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.