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
.
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STATE OF MINNF50TA
�UNTY OF ANOKA
CITY OF FRII�EY
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`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.
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SHIRLEY A. F�AAPALA, CC,ERK
CITY OF FRIDLEY
�NTER,�D
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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:
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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
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COUNCIL I�:E,'PING OF JAI�IARY 6. 19�6 : , r..
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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
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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
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3.
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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.
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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. ---�,.
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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
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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
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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
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_ CITY OF FR1Dl�Y
' ATTENT�N OF: � 6431 Univeraity N. E.
_ __._ _._ _._ _._.._.�.: �-------______
� �`" _�;u6�ir�an__T�6ev+sPPPers. Tnc.
Minneapolis Minn. ' S"���� `
� � �� � Fri dley Focus � � � -� _ �
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To ___.��._ ��-6i-Bus�i LaT�e �oad ___ 612-Sb0-3450
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� Attenti on__M+erS del l _ Hedbl �+ �_ � -.---� � � �
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DATE
su��ecT PUBLISN 4RQINANCE l�0. 8�$ Tkt�
g�8 theRw�k of Aagnst 11, l986. .:
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Pl eise pubT i sh the atLacbid ardi nanct _, No. ____ _._.._._._ M
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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.