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Home My WebLink About1979-14 09-06 AP CITY OF BROOKLYN CENTERsMINNESOTA ORDINANCE NO. AN ORDINANCE: REOUIRWO TKAA ABATEMENT AND DISCON- TINUANCE OF tHE MANUFAC BROOKLYN CENTER POST TURE OF CHEMICAL FER- TILIZERS IN INDUSTRIAL AREAS THE CITY CO%WCIL OF THE CITY »OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: AFFIDAVIT OF PUBLICATION Section 1. Flnncl�ngs: 1. The City Cd1uncil find$ that the manufacture of ichemical tertllizers has been prohibl*d in Industriat zones within the City; Including In- STATE OF MINNESOTA dustrial ;one occupied by the 4fowe, Inc. Fertlliker Plant since No"berl SS. 5, 1957 COUNTY OF HENNEPIN 2. The cocopncil finds tth"owe,i Inc. continue% to manufacture such chemical fertilizers under pcentlyf existing'- Nonconforming Usc provisions of the Brooklyn 'Center' Zoning Ordinance; 3. The City Council finds that such W. K. Sehnert, being duly sworn, on oath says he is and during all the times herein stated has been the Vice-President of manufacture of chemical fertilizers at The Past Publishing Co., publisher and printer of the newspaper known as the site occupied by Howe, Inca sub- stantially deprives adjacent BROOKLYN CENTER POST a residential property owners of the use nd enjoyment of their property as and has full knowledge of the facts herein stated as follows: a evidenced by numerous studies (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent conducted by state and local govern- in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each ment, voluminous testimony at public week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which meetings, and by the per3Dnal in- it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter vestigation of City staff members and and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at City Council members; least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation A. The City Council finds that the currently paid or no more than three months in arrears and has entry as second -class matter in its local post Brooklyn Center Comprehensive Plan! office. (5) Said newspaper purports to serve the ,mas adopted on the 7th day of CITY OF BROOKLYN CENTER November, 1966 and the said Com- prehensive .Plan recommends the in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open relocation of the Howe, Inc. Fertilizer during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main Plant as a goal of community tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all development because of Its in- such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately compatibility with surrounding with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years residential neighborhoods; preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of 5. The City Council finds that a Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of period of 25: years is a sufficient time State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper for Howe, Inc. t0 amortize Its in- is a legal newspaper. Its vestment In that p 7 1 and ufacctu P of alofertilizers. He further states on oath that the printed j r: :L�i� f..- f w v.. Section 2. Section 35 -111 of the Zoning Ordinance of the City of Brooklyn is amended by the ........................I...... addition of the following: 7. The foregoing Nonconforming Use provisions notwithstanding, the hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in of chemical fertilizer within Me 1 2 Zoning District, and 7 upon the site of the Now*, Inc. For the English language, once each week, for...... successive weeks; that it was first so published on tiliz*r Plant located at 4821 Xerxes r Avenue North and legally described on LJ_7 Exhibit A attached herafe and made a r the y,`..... day of: Fr *'.'x.19 !and was thereafter printed and published on every... part hereof by reference, shall be abated and discontinued on or before November 5, 1902, provided however, to and including the.......... day of 19...... and that the following s a g printed copy of the that any such manufacture of chemical fertilizers which constitutes a under nuisance uer the Coolow Law, lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in wader Minnesota Stat41M S61,¢1, or under Section 19,191 of Efacklyn Center Ordinaneef tic I m- The composition and publication of said notice, to wit: mndiately abated inued. Section 3. This ordin shall become effective after adapflonl and abcdefghijklmnopgrstuvwxyz -5 pt. Sans upon thirty (30) days f1#PP $ng its legal publication. Adopted this day of 1979. Mayor ATTEST. Clerk Date of Publication f r Effective Date (Boldface indicates new matter.) (Published in the Brooklyn Center Subscribed and sworn to before Post September 6, 1979.) me this.... ........day of. .W '1a1 >x�i^{. i.� t �k:D 19......r (NOTARIAL SEAL) Notary Public .......................County,. Minnesota My Commission Expires 19...... No Affidavit of .Publication or Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST _l