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Ordinance No. 0848 01-06-1986 (3)., August 4, 1986 P".r. Qureshi ; When I went to file this ordinance, I noticed that part of the legal was missing. I checked with engineering and they corrected the ordinance. Part of the lec�al was inadvertently omitted. I have attached a copy of the minutes that dictates the removal of part of the legal description. I felt the ordinance should be republished and called Dave P:ewman to get his opinion. fle also felt this ordinance should be republished. Shirley . �_ y . STATE OF MINNF50TA �UNTY OF ANOKA CITY OF FRII�EY � � ) ; ss ) /� `715130 I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that the ORDINANCE attached hereto, was adopted by the City Council of the City of Fridley at said meeting on JANUARY 6, 1986 with the original revord thereof on file in my offioe, and the same is a full, true and complete transcript therefrom insofar as the same relates to: ORDINANC,E N0. 848 AN ORDINANCE UI�IDIIt SECTION 12.07 OF THE CITY C�IARTER � VACATE S7.REE1'S AND AL�LEYS AND TO ANIEND APPENDIX C OF THE CITY QODE AI,L QOUNCIL MENIBERS PRFSENT AYES: ALL — 1�iYS: NCAQE WITNESS MY f1AND as City Clerk of the City of Fridley and the seal of the City, this 24TH day of JU1�, 1986. , , #,. . f ,:,�. � ^,1 � . �' ' �►�j�+� ° �:. P . , _ .. - ;.�..�(T � -,. �,.b �. .��-� � ,..� �. � ��� � SHIRLEY A. F�AAPALA, CC,ERK CITY OF FRIDLEY �NTER,�D ...,���a'""�°''''". i9�...... � ,. �►u�tor. aaka eouny► .. �" �.�,;, ec� �� , � • UT'-R ORDINANCE N0. 848 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND AI.LEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Couneil of the City of Fridley does ordain as follaws: SECTION 1. For the vacation of a drainage and utility easement described as follows: Vacate the drainage and utility easement over, across and thro�,gh the west 5 feet of Lot 1. �'�U ��? �� � o� 2� ,� ay ��; �'Lc���� All lying in the south half of secti`on 10, T-30, R-2�, City of A Fridley, Couniy of Anoica, Minnesota. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6 TH DAY OF JANUARY, 1986 ������ �V� WILLIAM J. N - MAYOR ATTEST: � �� ' � ��u „�� SHIRLEY A. H APALA - CI CLERK Public Hearing: 12/16/85 First Reading: 12/16/85 Second Reading: 1/ 1/86 Publication: 1/13/86 � J � � � �,/� v� �F�.���.. �.G.d'� '� r i i �',a�. ,�!.,���c/�`�" � � - , � � �- �� i. . � �� � � ���u.�, e.�-� �'`� �' ��, �,, �-.;, -�- - o . w-R�-�-� �'�� , � , � r 't r . ' � � , COUNCIL I�:E,'PING OF JAI�IARY 6. 19�6 : , r.. � , �� , � , ; ,�; - Mr. Herrick stated when people say "it belongs to the Cit�", ti�at��is probably layman's language for the Gity's right to put a street in thQre, �. however, the fee vwnership apparently lies with Mr. Fbllard. ; Mr. Fbllard stated he, hopefully, intends to add on to his hcme and :the anly�" : way he c�n go is taaard the easement. He stated he explained this 'to the' Planning Catmission and they oould see rn objections whatsoever. , Mr. Herrick stated a point that should be made clear is if the Ci'ty �is °�� maintaining utility easements, you rannot oonstruct an that property. ' �'s' Mr. F�llard stated Mr. Engebretson can reach his property off Mafte`rhorn . Drive and can get to the back of his lot on his awn property. - Mr. Engebretson stated the reason it isn't practical to come in from riatterhorn Drive is because of the trees and bushes which would have to be renaved. rflTION by Councilman Goodspeed to close the public hearing. Seconded by ��f : Councilman Fitz�trick. Upon a voice vote, all voting aye., Mayor Nee declared the motion carried tu�animously and the public hearirig closed at 8:26 p. m. �t.ulcilman Goodspeed stated he would like verification of the fact that this property was taken fran Mr. Fbllard's lot and determine if the City has the right to give an easement wer that property. OLD BUSINFSS• 2• �RDINANCE_ I�U. 848 UI�IDER SECTION 12 .07 OF THE CITY CHARTER � VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE, RIVERWOOD MANOR, C�IARI�ES aDOK NDTIDN by Cot�cilman Fitzpatrick to waive the reading of Ordinance No. 848 and adopt it on the second reading and order publ ication. Seconded by Co�mcilman Goodspeed. Upon a voioe vote, all voting aye, I�yor Nee declared the motian carried �uzanimously. 3. �INANCE I�p 84g REOpDIFyING TF� FRIDLEy CITy OODE, CHAPTER 6 03 , ENPITLED "INrOXiCATING Li0U0R" BY ADDING SECTIONS 603.05. (in� p� 603 23, AND RENUMaERING THE PRESEIJI' 603-2� Tp 603 24 1� FURTI�R AMENDING CHAPTER 11. II�ITLED "FEES" . I'9r. Richard Pribyl, Acting City Clerk, stated this ordinance amendment pravides for pro-rating fees where there is transfer of a license. He stated the ordinanoe further pravides for the issuanoe of tenp�rary on-sale intoxicating liquor licenses to civic organizations which have been in existenoe for not less than three years in the City. 7he ardinance further prwides that only two such lioenses will be allowed in the same calendar year with the fee to be $120 per request. .. Cb�cilman Barnette stated he received an inquiry where a class reunion -4- � � � r � � �' �] 0� n `=_' � � N � .�� •• � � O � � � � � � F"i � � �� � U��C �C � NC � ' � � z � .� i , �� nr�•p�� 0��#9�-C1�-° �t��k!�7t� �' � _ � - � m p � o m � m m O v � -�.� O � � L � _ 3 � � ^ m _zo � a � z „ K N � � � CJ� = J n O g � :� s °' ?" Z � a � �. y .� � � � � p � 1 � y = C � � �• � c�'-, �' C � -� o � � o � o � v � m ai q A c� .-. � * n � C � ��, � a _ . ���� �Qx p �'�� � �� a�pWa�� w p' � '' d . � � � 0 •1 I�i i �1 � S.M�1„I: �' ���_�:� permit is a�ntingerit upon aoqusiition of property by the HRA, and access be prwided to S�lvan Hills fram Mississippi Street. NDTmN bY Councilman Goodspeed to aoncur with the recommendation of the Planning Commission and grant special use permit, SP #84-14, with the follaving stipulatirns: (1) developer p�wide a draina develoPnent (all four phases) with �e first phase • ��an f°� �e tota� 1andscaPin9 Flan aonsistent with downtawn motif •�2� ���O�r provide a v�ntingent �pon aaqui si ti on of o r �( 3) spe ci al use pe rmi t P� Pe ty by I�tA; and (4) access be provided to S�lvan Hil l s f ran Mi ssi ssippi Street. Seoor�d�d �, (��cilman S nei der . Upon a vaioe vote, all vating aye, Mayor Nee declared the moti�carried unanimously. B. � 248 MISSISSIPPI STR�F'r' N.E. . v� �� BY IQU I,UI�IIX'':REN Mr. Flora, Public Works Director, stated Mr. Lundgren ' proposing to split off the southerly 190 feet of Lot l, Block 1, S�lvan ills Plat 7, and the s�utherly 190 feet af Lot 1, Block 1, S�lvan Hills at 6, for his proposed develoPmerit at 214 and 248 Mississippi Street. I'4r. Flara stated the Planning Co�nmission reco ended approval of this lot split with the stipulation that it be c tingent upon successfully aaquisitian of property !7y the HRA and, i necessary, an access easement fran Mississippi Street be pravided to agartment axnplex. Mayor Nee stated he has a problea whe the lot split is bein a saneorye other than the a,aner of �e operty. 9 PPlied for by Mr. Herrick, C1ty Attorney, sta d there is some understanding with the a`'ner o� the land that he woul 't oppose it based on vertain agreeqnents as to what would happen if arid w the HRA aoquired the property. rDTION by Councilman Goo ed to concur with the recommendation of the Planning Com�nission a grant lot split, LS #85-08 with the follawing stipulatirns: (1) the ot spl it is �ntingent �on successf ul acqui si ti on of property by the iZA; and (2) if necessary, an access easement from Mississippi Stree be provided to the apartment oomplex. Seconded by Councilman Fitz trick. Upon a voice vote, a11 voting aye, Mayor I�ee declared the m' o� carried unanimously. C. �T.SIDF.RA C1N 11F c�*rmr�r rr,nrT.+ .,,�,�,.�__... .,__ __ __—__ 1�DTIOr1 CoLmcilman Fitzpatrick to set the pubiic hearing on this vacation reque for Januaiy 6, 1986. Seconded by Councilman Schn�eider. Upon a voi vote, all voting aye, Mayor Nee declared the motion carried una ' y. D �iSIDERATION OF WpRKBI�RII� A� �� � C� �, �� AI�ID THE MIN[�qrrr�i DEPA�IMENr OF I3C�N TGI�s -6- 3. 4. 5. �� 1�. ! Y��+ �. ��' � y«a+ i• �' -' Z'j at, P. S. #85-06 , �T� ��OUncilman Fitzpatrick to apprwe the final Pl ations: (1) g����od park, by �arles S. dook. with �e follo�wing s�P� exception provide a 15 foot utility easeme�t °�� �� A to � 9� e�sterly 25 (2) prwide a street and bikeway/walkway easement w area; at� �a �3� �titioner work with Engi ring to develop a feet a� the Pl an. Sewnded by (binc.ilman Schnei . storm dra.inage P1 - ts would be p,Ir. glora, Publ ic Works Di rector , stated d�anged to a public ric�t-of-way► � l� UPQ�i A VOICE W►i'E TAI�i CN �iE AB rui DEQ,ARID ZHE NDTI(JN (�RRIED U 3.�Y. �e access easemen ated irito the p1at. p►I,I, VOTED AYE r At1D MAYiOR NEE HOLDINGS, I .: / Mr. Flora, Publ i orks Di rected�the itten be etabled.has not received the agreenent fr orer so request NlJTION b Councilman Barnett�t St� ��l �n a v�oi� � te 1�1 voting a� Se�nded by Go�mcil a l�iyor Nee declared the mation carried imanimously. Y c- Mr. Flora, Public Works Director,a 2 t B1oCk 3e Riverwood M�anort he would the rorth five feet o� Lots 1 an . suggest this part be deleted fran the ardinanoe. M�TION by Councilman Fitzgatrick to waive the reading and app�ove the ordi r�anoe upo n first reading, with the deletion of the follvwing words: "and the rx>rth 5 feet of Lots 1 aa�oice vote, all voi 9 aYe► �Yo Nee by Councilman Barnette. Up�n declared the motion carried �animously. ---�,. � A. Mr. Flora, Public Wcxks ��OOn ofa of ices reta l�and residen�tial use� perniit to al l o�w �l TM'� within one bui ' g at 214 and 248 Mississippi Street. fle st mt t�� pl�nq ` ion re�mnended approval of this special �e Pe ases of m an be pcavided, all ph stipulati that a drainage and landscaping p1 cial use the cle opnent be oonsi stent with the c3owntawn motif , the spe -5- ♦ � / Minnesota Su�rban News �Oificial Pub�ication) papers, 1nc• �RDI3YANCE N0.848 A P•07 0F THE CiTY CH RTER TON AFFIDAVIT OF PUBLICATION VACATESTRI,rETSANDAL/�yg I AND T(1 tnac,.r.,.. '715.�32 STATE OF MINNESOTA) SS. :COUNTY OF HENNEPIN) - — J�OI'i��A j:. Mori-a,:dOri , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Frid1Q Focus , and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed n,�•,a a .... _ _ _ __ _ _ _ which is attached was cut from the columns of said newspaper; and was printed and published once each week, for 01'i� successive weeks; it was first published on _ .�g02�dc'iV of Jc1ri ��+rv � the _ �3 — daY , 79�, and was thereafter printed and published on every to and including , the .__— day of ____---_� 19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the si'te and kind of type used in the composition and publication of the notice: abedefghijklmnop4rstue•u�x��z , BY: � ., .� TITLE: Op@r�tj.OriS Mc'�Aci4B�' Subscribed and swom to before me on this Pu day of J�_ � 9 $ g ' � MERIDE� M, HEDBLQM � �O7ARY PUBLIC • MINNESOi� My commission expirJesP' 1uly�U j9 6 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged tor the above matter 0 $ 2.10 per line (Line, word, or inch rate) $ 36.5� per line (Line, word, or inch rate) $ 35� per line (Line, word, or inch rate) All Iyin � .section 1 Fridley, sota : Be and i SECTION 2. . . T� said- made in co� ne$ota Stat,; ,PPENDIX C O�' `CUDE , nf . the - Cety _et as follows; , � of a draieaaa Sl:f1QC48$ . II18g2 8pd � cross aud if Lot l. h half of , City of a, Minne- has been with Min- ureuaht xa; PASSED TED BY TffE ` CITY COUNC ': AE CITY pF FRIDLEY TH qy OF JAN- , UARY, 1986. � ,J. NEE ATTEST: �� Mayor , SHIRLEY A. HAAPALA � -` City Clerk Public Iiearing: � 12/!6/E5 First Readin�: ;lY/IBj85 S�coad Readmg: 1/1/86 Pubiiration:l/13/86 � (Jan. 13, 1986)-FRID 4A � �, . • �����o_��� � �ti��Q �, �t.����� i* i� '� � . . �p � r' r`� ' ° � N � � � -Y � � � �M � � � M f � �� {� �'"�_ � � �'��! � � � � � � �r . � • � � �' � 3 J � � D -r O m � m ,CT, ' � L m O Q O '� c� (�� N � � � T � C m L ;Z ` ° ° m � ' � CJ`i _ 6 O �j .. _ Ty� �b K :il O S '.` ! z -1 G 0 L '�' _: C J -G .� Cµ ry C: j ~ � Qi ` J -� '� ' �'_ � U � � C7 L '� m � � Y (r (D y A C` .a- Z �Lt { °a' � � � i * .. � �y\ � ' , .'. '. \ `. ;.f� '(� � x N ���y�.��A��}� t� ��.9' �y � h rt F^�. i � ✓ � �� O � � . Q+ _ _ CITYOF FR[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 January 27, 1987 Mr. Ted pmdahl. Anoka County Recorder Anoka County Courthouse Anoka. Minnesota 55303 Dear Mr. pn�a� . Ordinanoe No� g4g and the Affidavit of Publication for Ordinanoe No� 848 were serit to you in June of 1986 for reoording and unknawn to us the legal description was wrong. The recording numbers for these two doc�anents are: Ordinanoe No. 848 is Document #715130 and the Affidavit of Publication is Document 71,5132. The City republished Ordinance No. 848 in the August 11, 1986 Fridley Focus to oorrect the legal description. I am enclosing a new certified copy of Ordinance No. 848 and the August 11, 1986 Affidavit of Publication. If possible, would you please correct your records to show the vorrect legal description for Ordinanoe No. 848. T�ank you for your assistanoe and if you need any additi�, �o��on regarding this matter, please give me a call. Very truly yours, Shirley A. Haapala City C1erk Enclosures � � H.. � F�. r,�'.�,�� �,-� � �� �``�...,�`��,. '�.��,,r��: �.� . � � - `���� �� ti �. �� .��,,� � ,.� � �. ��_.���. - � `� �C�� _ °" .�-�� _ CITY OF FR1Dl�Y ' ATTENT�N OF: � 6431 Univeraity N. E. _ __._ _._ _._ _._.._.�.: �-------______ � �`" _�;u6�ir�an__T�6ev+sPPPers. Tnc. Minneapolis Minn. ' S"���� ` � � �� � Fri dley Focus � � � -� _ � __ _._. _ ____ __ ��_______� _ � To ___.��._ ��-6i-Bus�i LaT�e �oad ___ 612-Sb0-3450 �� � � � � Ediaa. M�i 55435.._..� ,� ____�_ �__� � �__�.�______��.___--.___ � � __ _ _ � Attenti on__M+erS del l _ Hedbl �+ �_ � -.---� � � � .. t_.____„ _� _._._ � � ActguSt 4, 19$6 DATE su��ecT PUBLISN 4RQINANCE l�0. 8�$ Tkt� g�8 theRw�k of Aagnst 11, l986. .: � �--- Pl eise pubT i sh the atLacbid ardi nanct _, No. ____ _._.._._._ M :; ________._ _ i n d� x C o i` t h e C�� y C o d e. _. ____ ,= � ordinsACe an+ends A�pe � � Wo�l d y_o�_ � ____,__.__��i�na��te. j_ Th�etk lease send_two seta _of _ � davits of p�biicsttan for this k _ , _------------ ------ _ �._ a__._----- ��'' REPLY: _ .� . � ___ __.__,..__.—,_�.__-____.._�-. � _ � _ . �_ _,„e , _ _�__�. ._ , _ __. �_.__� .. � � ---- , _._._.._._ • __. ._.._... � _ � __ � _.____ ___� � __._— � _�,___ _.....__ _...___._ _.___. _-_._._ _ ___._. _ . _�� � _.�__ -�__ � ___—_.___._... __ __ __ ._�__-__ ________---- � a; ___..__ . _ _. ____. � __._____ __ , _._._,.. _. , , _...... _:__ ._.___ --_ SIGNATURE , � _, . .,_t ,. � - - _._ . _._._____ D AT E . _. � .. . __ _._ �. �__� � ���—... � .: _ .� . O1tiC0N�.iO:t — f3Ei',�Cti p.h1D RE7AIiV � ORDINANCE N0. 848 ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. For the vacation of a drainage and utility easement described as follows: Vacate the drainage and utility easement over, across and through the west 5 feet of Lot 1, Block 3, Riverwood Manor. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF JANUARY, 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: 12/16/85 First Reading: 12/16/85 Second Reading: O1/O1/86 Publication: O1/13/86 Republished: 08/11/86 This ordinance is amended to reflect the correct legal description of which a portion was inadvertently omitted.