SAV84-04 23
N
CITY OF FRIOLEY, SUBJECT ZONING ACTION ZOA #
0 6431 UNIVERSITY AVE. NE. VACATION SAV # 747
FRIDLEY, MN. 5543E (612).571-3450 PLAT PS #
ORDINANCE NO PUBLISHED
ADDRESS DATE
PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO.
CITY COUNCIL: PUBLIC HEARING DATE 1ST READ 2ND READ
CITY COUNCIL: APPROVED DISAPPROVED DATE NO
PARK FEE REQUIRED: AMOUNT PAID
STIPULATIONS:
NAME FEE_ RECEIPT N0 (
STREET LOCATION OF PROPERTY L
LEGAL DESCRIPTION OF PROPERTY
PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY
ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION
OR TYPE OF USE AND IMPROVEMENT PROPOSED
Has the present applicant previously sought to rezone, plat, obtain a lot split or
variance or special use permit on the subject site or part of it? ,yeses no.
What was requested and when?
The undersigned understands that: (a) A list of all residents and owners of proper-
ty within 350 feet must be attached to this application (rezoning) , 300 feet, (plat-
ting) , will be attached to'this application. ' (b) This application must be signed
by all owners of the property, or an explanation given why this is not the case.
(c) Responsibility for any defect in the proceedings resulting from the failure to
list the names and addresss of all residents and property owenrs of propprty in
question, belongs to the undersigned.
A sketch of proposed property and structure must be drawn and attached, showing the
following: 1 . North direction. 2. Location of the proposed structure on the lot.
3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street
names. 5. Location and use of adjacent existing buildings (within 350 feet) .
The undersigned hereby declares that all the facts and respresentations stated in
this application are true and correct.
DATE SIGNATURE
ADDRESS TELEPHONE NO
CERTIFICATE OF SURVEY
FC)H Pine Tree Builders'_Inc.
;t' of FA6EMENT
7oRr,-MNR IN EFFVGT
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Uttl�ty E Drnun-
oge Easement
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�1 $T AVE. NE. o Denotes
pp iron monument
fou I,d�-t:on
Descriptions Lot 9, block 4, RICE CREEK
ESTATES , Anoka County, Yinnesota
r� I1•'t•'It) T', 'II Sfl,� t.
1UL171 C Ulla l rc� the►r,r nd
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>.1. .•T �... F.d.:•1 rti A, n, il,s ._- 25+h ----- .,.:. �+ .-_ June _ 1 7-2
E n c/
City Council 10/22/84
MAILING LIST
Mr. & Mrs. Daniel Romano
6130 Benjamin Street N. E.
Fridley, r1N 55432
Mr. & Mrs. Robert Phaneuf
1585 61st Avenue N.E.
Fridley, Mn 55432
Mr. & Mrs. Thomas Shelton
1571 61st Avenue N. E.
Fridley, Mn 55432
Mr. & Mrs. Dennis O' Keefe
1565 61st Avenue N. E.
Fridley, Mn 55432
Michael T. Schneider
Project Manager
Storer Cable Communications
350 63rd Avenue N.E.
Fridley, Mn 55432
Minnegasco
Real Estate Administor
700 Linddn Avenue
Minneapolis, Mn 55409
L. K. Rodman
Northwestern Bell Telephone Co.
6540 Shingle Creek Parkway
Minneapolis, Mn 55429
Larry Benson
Northern States Power Company
4501 68th Avenue North
Minneapolis, Mn 55429
Fridley Park Dept.
26
1
Northwestern Bell
August 17, 1984
Mr. Thomas Shelton
1571 61 Ave. N. E.
Fridley, Minnesota
Dear Mr. Shelton;
The Northwestern Bell Telephone Company hay reviewed
your request to vacate the ten foot easement at the rear
of your property, 1571-61 Avenue N. E.
Northwestern Bell Telephone Company has no objection to
this vacation. We have buried cable-TM-the front of
this location only, where it will be necessary to main-
tain this cable in its present location.
L. J. Violet
Engineer-Distribution
27
Northern States Power Company
North Division
4501 68th Avenue North
Brooklyn Center,Minnesota 55429
Telephone(612)566-9120
August 20, 1984
Ms. Kathy Shelton
1571 - 61st Avenue N.E.
Fridley, MN 55432
Subject: VACATING OF EASEMENT
Dear Ms. Shelton,
Just a note to let you know that NSP would not oppose the vacation of
the easement behind your home at 1571 - b1st Avenue . - Fridley, MN.
Our facilities are all underground on the front lot lines, and we do
not anticipate using the easement in question.
We do have facilities in an easment behind 1549 - 61st Avenue N.E. and
between 1549 and 1559 - 61st Avenue N.E. that we would not vacate.
I hope this will help you with your project.
Sincerely,
Larr . Benson
Staff Assistant
North Division
..
28
Minnegasao
August 20, 1084
Kathy Shelton
1571 61st Avenue NE
Fridley, M 55432
RE: VaCation of Utility Easement.
Minnegasco has no gas facilities within that platted utility easement over
the rear 10Met of Lot 9, Block 4, Rice Creek Estates, Anoka County, M ,
and has no objection to the vacation or encroachment thereof.
S1Aar.1y,
William R. Schr
Administrator-Real Estate
cc: City of Fridley
A Company of Diversified Energies, Inc. 700 West Linden Avenue, Minneapolis, Minnesota 55403
29
STOUR
CABLE
Commitment to Excellence
August 21, 1984
Mr. Thomas Shelton
1571 61st Avenue NE
Fridley, MN 55432
Dear Mr. Shelton:
We have investigated your request to vacate a portion of a
10 ' utility and drainage easement located at the North end of
your property.
At the moment, Storer Cable has an underground cable located
within 2 ' of the property line. It is our request that this
cable remain as located and that 2i;_ f the utility and drainage
easement remain in effect for future construction if necessary.
The remaining 8' of the easement may be vacated.
If you have any questions, feel free to call me at 571-6206 .
Keith M. Hennek
System Plant Manager
vp i� -4'
Your TOM SHELTON AGENCY_ 1981
American Family 6 M T W T F S
5245 Central Ave. NE Phone: 571-9250 Z 3
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AMERICAN FAMILY en MINNEAPOLIS, MINNESOTA 55432 1619272'222324
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ment. When I receive the letters from the Cable Company 24252627262937
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and Minnegasgo, I will forward them also and then we SMTUWEFS
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very much for all your help in this matter. 28.WJULY
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Kathy Shelton SEPTEMBER
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EMPLOYEE SECURITY PLAN • FAMILY ACCIDENT TRIP&SPORTSMAN •BOATOWNERS• SNOWMOBILE •MOTORCYCLE•LOW COST LOANS•BUSINESS INSURANCE 2128293031 26
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TOM SHELTON AGENCY '"N""'"
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Attached are copies of letters I received from the a SMTWTFS
Cable 2
Company and Minnegasgo. I will be calling you next week 10111213141519,7,618202,2223
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to find out what we have to do to get it vacated. Thank 31
JUNE
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Kathy Shelton 282 AUGUST 31
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FMPI nYFF SECURITY PLAN •FAMILY ACCIDENT TRIP&SPORTSMAN •BOATOWNERS SNOWMOBILE •MOTORCYCLE•LOW COST LOANS•BUSINESS INSURANCE 272e29303+
TY OF FRIDLEY, COMMISSION APPLICATION
MINNESOTA REVIEW
1!;
si0n Number] _ ev age Approved by
FI E NO/ ADDRCSS 440 FILE TE
COMPLETE REVIEW CHECKLIST J7017/V /v
RETURN TO PLANNING 2,�_.,-,,. lS�/ G/-Q-� DUE DATE
7'7 f
COMMENTS
Ott!1 M
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City of Fridley
A G E N D A
PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 3, 1984 7 :30 P.M.
CALL TD ORDER: PAGES
ROLL CALL :
APPROVE PLANNING COMMISSION MINUTES: SEPTEMBER 26, 1984 At Mtg.
1 . PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST. ZOA 1 - 6
#84-04 , LARRY PERLICK: Rezone from M- light industrial )
to C-R genera office) the Northerly 155 ' of Lot 9,
& Auditor's Subdivision No. 78, to allow the construction of
a profession building, the same being 6095 East River Road N.E.
2. LOT SPLIT REQUEST, L.S. #84-09, BURLINGTON NORTHERN: Split 7 _ 14
off the Northerly 155F of Lot 9, Auditor's Sub ivlsion No . 78
to make a new building site at 6095 East River Road .
3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT , SP 15 - 22
#84-18, LEWIS L. FARR: Per Section 05. 3 , A, of the Fridley
City Code, to allow the construction of a second accessory
building, a 20' x 30' structure to be used for a workshop, on
Lot 10, Block 1 , Rivers Edge Addition, the same being 157 River
Edge Way N.E.
4, V CATION eE VEST, SAV #84-04 THOMAS & KATHY SHELTON : Vacate 23 - 29
e out r y feet of t e North foot uti ity easement on
Lot 9, Block 4, Rice Creek Estates, to make a pool location
and retaining wall in code compliance, the same being 1571 61st
Avenue N.E,
5. RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: SEPTEMBER BLUE
18, a .
6. OTHER BUSINESS:
ADJOURNMENT:
r ,
� e
Minnegasco has no facilities within the above described area
proposed to be vacated and has no objection to its vacation.
Thanks for the advance notice.
William R. Schram
-- -- Administrator - Real Estate
!Minn
Company of Diversified Energies, Inc.
William R.Schram
Administrator—Real Estate
612-3437019
700 West Linden Avenue
Minneapolis, Minnesota 55403
PLANNING COMMISSION MEETING, OCTOBER 3, 1984 PAGE 7
4. VACATION RE9gEST, SAV #84-04, THOMAS & KATHY SHELTON: Vacate the Southerly
$ eet of t e, ort TO of utility easement on Lot 9, Block 4, Rice Creek
Estates, to make a ool location and retaining wall in code compliance, the
same being 1571 61st Avenue M.E.
Mr. Robinson stated this property was located on 61st Avenue and Benjamin
St. adjacent to Benjamin/Briardale Park. The petitioners wish to vacate the
10 ft. utility and drainage easement along the back side of their property.
He stated Northwestern Bell , Minnegasco, NSP, and Storer Cable have been
notified of this vacation request. He stated Northwestern Bell , Minnegasco,
and NSP have no objections to the vacation. Storer Cable has an underground
cable located within 2 ft. of the property line. Storer has requested that
this cable remain as located and that 2 ft. of the utility and drainage ease-
ment remain in effect for future construction if necessary. The remaining
8 ft. may be vacated.
The petitioner, Mr. Thomas Shelton, stated he had no objection to this
stipulation.
MOTION BY MR. MINTON, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF VACATION REQUEST, SAV X184-04, BY THOMAS AND KATHY SHELTON, TO
VACATE THE SOUTHERLY 8 FEET OF THE NORTH 10 FOOT UTILITY EASEMENT ON LOT 9,
BLOCK 4, RICE CREEK ESTATES, TO MAKE A POOL LOCATION AND RETAINING WALL
IN CODE COMPLIANCE, THE SAME BEING 1571 61ST AVENUE N.E. , WITH THE STIPULATION
THAT A 2 FT UTILITY EASEMENT BE MAINTAINED FOR STORER CABLE.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. Schnabel stated this would go to City Council on Nov. 5.
5. RECEIVE SEPTEMBER 18, 1984, ENVIRONMENTAL QUALITY COMMISSION MINUTES:
MOTION BY MR. NIELSEN, SECONDED BY MS. GABEL, TO RECEIVE THE SEPT. 18, 1984,
ENVIRONMENTAL QUALITY COMMISSION MINUTES.
Mr. Nielsen stated the Commission had a guest speaker, Ms. JoAnn Nelson, from
Recycling Unlimited, who spoke about starting curb-side recycling programs
in communities.
Mr. Nielsen stated he would like the Planning Commission and the City Council
to know that the Environmental Quality Commission has worked very hard in
trying to get a curb-side recycling program going in Fridley. At the Sept.
_ City Council meeting, a member of another organization stated their organi-
zation had studied the possibility of getting a curb-side recycling program
going with no mention of the Environmental Quality Commission's efforts. He
stated that as far as he was concerned,he would like to see a curb-side
recycling program get started as soon as the City receives funding.
PLANNING COMMISSION MEETING, OCTOBER 3, 1984 PAGE 8
Mr. Robinson stated that JoAnn Nelson of Recycling Unlimited would be
willing to come into the City and start a curb-side recycling program for
$5,000 (from the 50�/household surcharoe fee the City is entitled to) , so
there would be little cost to the City. Recycling Unlimited is a tamily-
run organization that employs people such as the handicapped to do
curb-side recycling. Pick-up would be on a once a month basis.
Mr. Nielsen stated the curb-side recycling program would work in conjunction
with SORT, and it would not put SORT out of business.
Mr. Robinson stated that Ms. Nelson had stated that when Recycling Unlimited
comes into a city where there is an existing satellite-type recycling center,
that facility has usually done better t :cause people are more aware of
recycling. If people miss their recyr Ong day, they will usually bring
their recycled materials to the recyr g center rather than throw the
materials out.
Mr. Robinson stated the only thing Ms. Nelson requested was that the City
do the publicity for the program. He stated Connie Metcalf would be going
before the City Council regarding this recycling on October 29th. The
Environmental Quality Commission suggested that Ms. Nelson of Recyling Un-
limited also be allowed to present her proposal at that time.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
6. OTHER BUSINESS:
a. Lot Splits and Variances
Ms. Gabel stated that at the last meeting, the question has again arisen
as to whether the Planning Commission should hear lot splits before the
Appeals Commission hears variances when the variances are related to the
same property. She stated she felt a lot split appropriately came first.
If a petitioner does not get the lot split, then the petitioner does not
need to apply for a variance, because the lot split causes the variance.
So, she thought the lot split should come before Planning before a
variance goes before the Appeals Commission. That seemed to be the
proper sequence.
Mr. Oquist stated that seemed to be a reasonable argument, but he could
give the argument that if the Appeals Commission does not grant the
variance, why bother with the lot split?
Mr. Saba stated that the lot split should be contingent on the approval
of the variance.
Ms. Gabel stated that is the way the Planning Commission has done it in
the past. The Planning Commission has heard the lot split first, and
then made it contingent upon approval of the variance(s) by the Appeals
Commission.
(Official Publication)
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there
will be a Public Hearing of the City
Council of the City of Fridley in the
City Hall at 6431 University Avenue
Northeast'on Monday, November 5,
1984 in the Council Chamber at 7:30
p.m.for the purpose of:
Consideration of a Vacation
Request,SAV#84-04,by Thomas
& Kathy Sheltoh, to vacate the
Southerly 8 feet of the North 10
foot utility easement on Lot 9,
Block 4, Rice Creek Estates, to
bring a pool and retaining wall
location into code compliance,
the same being 1571 61st Avenue
N.E.
Any and all persons desiring to be
heard shall be given an opportunity at
the above stated time and place.
WILLIAM J.NEE
Mayor
(Oct.22&29,1984)-FRID 4A
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a Public Hearing of the City
Council of the City of Fridley in the City Hall at 6431 University Avenue
Northeast on Monday, November 5, 1984 in the Council Chamber at 7:30 p.m.
for the purpose of:
Consideration of a Vacation Request, SAV
#84-04, by Thomas & Kathy Shelton, to
vacate the Southerly 8 feet of the North
10 foot utility easement on Lot 9, Block 4,
Rice Creek Estates, to bring a pool and
retaining wall location into code compliance,
the same being 1571 61st Avenue N.E.
Any and all persons desiring to be heard shall be given an opportunity at the
above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: October 22, 1984
October 29, 1984
w
(
CERTIFICATE OF SURVEY
FOR _ Pine Tree Builders,_Inc. - ____
of EA,5FM,16 .
1DREMA�N IN Ei�SGT
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Q %4ACATr- W-MP*1t4 8/� Eds�mcnf
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GI ST AVE. %F— o Denotes iron monument
Descriptior.t Lot o. block 4. RICE CkE!K
ESTATES, Anoka County. Wlinnesota
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AL
COUNCIL MEETING OF 5. 1984
item was brought before the Planning Commission on October 26 who
recommended approval of the vacation request with the following
stipulations:
1. Existing utility easements which presently transect 73rd Avenue are
not to be vacated.
2. Provide a 5 ft. utility easement along the north of 73rd Avenue
right of way for buried NSP line.
3. Provide a 15 ft. utility easement along the south of 73rd Avenue
for buried Minnegasco line.
There were no continents from people in the audience.
MDTION by Councilman Hamernik to close 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 closed at
8:08 p.m. -
3. L T N TAND
RETAININGT - 61ST AVENOL. KATHY. SHELTON;
14DTION by Councilman Schneider to waive the reading of the public hearing
notice and open 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 opened at 8:09 p.m.
Mr. Flora stated this was a request to vacate a portion of the existing
utility easement running behind the lots from Benjamin through the
development. The petitioners constructed a swimming pool and because of the
lay of the land, they had to do some retaining wall construction which
encroached into the exisitng easement. He stated that �he Planning
Commission recommended approval with the stipulation that a 2I ft. utility
easement be maintained for Storer Cable.
There were no comments from people in the audience.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 8:13 p.m.
4. PUBLIC HEARING ON VACATION REQUEST, SAV #84-05 , TO VACATE PART OF ABLE
STREET NE FOR TARGET. INC. , DICK BROOKS
MDTION by Councilman Hamernik to waive the reading of the public hearing
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 8:14 p.m.
Mr. Flora stated this was a request the City has received from Target, Corp.
Target currently owns the parcel of property to the east of Able Street and
-5-
COLnxI , MEETING OF NOV MBM 5,—12R
is considering purchasing the large parcel of property to the west of Able
Street. In so doing, they are interested in knowing if they are required to
keep the street as a boundary, or if they can, in effect, incorporate that
street into their development. Therefore, they have requested the City
consider the vacation of Able Street between 73rd and the railroad tracks by
Locke Park.
Mr. Flora stated the Planning Commission was concerned about an alternate
access frau 73rd Avenue to Locke Park for use of those facilities by the
residents of Melody Manor. Therefore, the Planning Commission recommended
to the City Council approval, in principle, with the stipulation that before
the vacation actually commences, there be an approved, improved access to
Locke Park.
Mr. Flora stated they have talked to the Target Corporation and based upon
the ultimate use of the property, there could be an easement or road
provided along the boundary line, but this depends on has the property is to
be used.
Mayor Nee stated the people in the audience might be interested to know that
this would be taking out most of the land that is now in the inventory for
the hazardous waste treatment facility. Staff has worked for about a year
to get that land committed to a more acceptable use, and Target indicated an
interest in doing that.
A citizen in the audience stated he was interested in this item because he
lived on Van Buren Street. He asked if Target did expand their warehouse,
how did they propose to get all their trucks in and out of the area?
Mr. Dick Brooks, Regional Real Estate Manager for Target, stated they have
not completed their plans for expansion of the distribution center, but they
have entered into an agreement to purchase the property. As far as how they
would handle the trucks, they will probably handle them in a similar manner
to what they are doing today, which is along 73rd Avenue on the frontage
road. He was not able to comment fully because they have not completed
their plans.
A citizen in the audience asked if the City required landscaping along 73rd
Avenue to screen the development from. Melody Manor.
Mr. Qureshi stated they have a standard that greenery has to be maintained
along 73rd. There has to be a reasonable separation between the development
and the residents.
Mr. Qureshi stated that, as Mayor Nee had pointed out, 80 acres along 73rd
Avenue have been designated by the Hazardous Waste Board for a preferred
hazardous waste site. The City has been aggressively pursuing to get this
land put to a better use. Luckily for the City, Target decided to expand in
the community. They feel Target has been a good cooperative citizen of the
community. The City has a good working relationship with them, and they are
sure Target will do everything reasonable to protect the adjoining
neighborhood by preserving some type of green strip that already exists, or,
-6-
(Official Publication)
ORDINANCE NO.824
AN 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
Fridleyy does ordain as follows:
utility TeaO emento describedthe tias on fol-
lows:
The Southerly 8 feet of the
North 10 foot easement on Lot 9,
Block 4,Rice Creek Estates.
All lying in the South Half of
Section 13, T-30, 11-24, City of
Fridley,County of Anoka,Minne-
sota.
Be and is hereby vacated.
SECTION 2.The said vacation has
been made in conformance with Min-
nesota Statutes and pursuant to Sec-
tion 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 3RD DAY OF DE-
CEMBER,1984.
ATTEST:
WILLIAM J.NEE SIDNEY C.INMAN Mayor
City Clerk
Public Hearing:November 5,1984
First Reading:November 19,1984
Second Reading: December 3 1984
Publish:December 10,1984 ,
(Dec.10,1984)-FRID 4A
ORDINANCE NO. 823
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREOIS AND ALLEYS AND TO AMEND APPENDIX C OF THE
CITY CODE
The City Council of the City of Fridley does ordain as follows:
SECTION 1. For the vacation of a utility easement described as follows: the
Southerly 8 feet of the North 10 foot easement on Lot 9, Block 4,
Rice Creek Estates.
All lying in the South Half of Section 13 , T-30 , R-24 , City of
Fridley, County of Anoka, Minnesota.
Be and is hereby vacated.
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 THIS3rd DAY
OF December 1984.
WILLIAM, J. NEE - MAYOR
ATTEST:
SIDNEY C. IM-W - CITY C=,,
Public Hearing: November 5, 1984
First Reading: November 19, 1984
Second Reading: December 3, 1984
Publish: December 10, 1984
SAV 84-04 Shelton
SAV#84-04
Thomas & Kathy Shelton
Vacation Request
1571 61st Avenue NE
Council Action 11/5/84
Closed Public Hearing
1st Reading of Ordinance set for November 19 Council
COUNCIL ACTION 11/19/84
1st Readingapproved. Place on December 3, 1984 Council agenda for 2nd reading.
COUNCIL ACTION 12/3/84
Ordered Publication - Mary Lu