Ordinance No. 1353 03-26-2018
ORDINANCE NO. 1353
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY
MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tracts or areas within the County of Anoka and the City of Fridley and described as:
5601 East River Road NE; legally described as:
Tract 1:
All that part of Section Twenty-two (22), Township Thirty (30), Range Twenty-four (24),
Anoka County, Minnesota, described as follows:
Commencing at a point, marked by Judicial Landmark on the South line of said Section
and distant 365 feet Westerly of, measured at a right angle to the center line of the main
track of Great Northern Railway Company, running in a Northerly and Southerly
direction through said Section; thence Northerly parallel with and distant 365 feet
Westerly of measured at a right angle to said center line of said main track, 4,574.75 feet
to a point marked by Judicial Landmark; thence Northeasterly 714 feet to a point, marked
by Judicial Landmark, on the North line of said Section Twenty-two (22), and distant 265
feet Westerly of, measured along said North section line, the said center line of main
track, thence West on said North section line 328.35 feet to the pint of intersection,
marked by Judicial Landmark, with the Easterly line of right of way of Anoka County
Highway No. 1, as laid out and established in a Northerly and Southerly direction through
said Section; thence Southerly along said Easterly line of said highway right of way to
the point of intersection, marked by a Judicial Landmark, with the South section line of
said Section Twenty-two (22), thence East along said section line 1,792.9 feet to the ping
of beginning.
Excepting that part lying Northerly of the following described line:
Commencing at a ping in the North line of Lot 13, Auditor’s Subdivision No. 78, being
also the North line of the Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) of
said Section Twenty-two (22), distant 365 feet Northwesterly, measured at right angles,
from the center line of main track at the railway of the Great Northern Railway Company,
as now located and constructed; thence Southerly parallel with said center line of main
track for 570 feet; thence Westerly on a line, hereinafter called “Line X” parallel with
said North line of Lot 13, 400 feet to a point hereinafter, called “Point A;” thence
Easterly retracing last described course for 400 feet; thence Southwesterly parallel with
said center line of main track distant 365 feet Northwesterly, measures at right angles,
there from to a point, being the point of beginning of the line to be described, in a line
parallel with and distant 878 feet South, measured at right angles, from said North line of
said Lot 13; thence Westerly parallel with said North line of Lot 13 for 385 feet; thence
North in a Straight line to Point A; thence Northerly at right angles to Line x for 17 feet;
thence Northwesterly at an angle to the left of 60 degrees 30 minutes to a point in the
Easterly boundary line of East River Road, and there terminating.
Excepting that part lying Southerly of the following described line:
Commencing at the Southeast corner of said Section 22; thence Northerly along the East
line of said Section 22, a distance of 1,528.6 feet to the ping of beginning of the line to be
Ordinance No. 1352 Page 2
described; thence deflecting to the left an angle of 86 degrees 28 minutes a distance of
3,500 feet and there terminating.
Tract2:
All that part of the Northeast Quarter of the Southeast Quarter (NE ¼ of SE 1/4) of
Section Twenty-two (22), Township Thirty North (30), Range Twenty-four (24) West of
the Fourth Principal Meridian, described as follows:
Beginning at a point in the North line of said Northeast Quarter of the Southeast Quarter
(NE ¼ of SE ¼) of Section Twenty- two (22), perpendicularly distant Three Hundred
Sixty-five (365) feet West of the center line of main track of the Railway of the Great
Northern Railway Company as now located and constructed; thence Southerly parallel
with said center line of main track to a point in the Northerly boundary line of State
Trunk Highway No. 100, said Northerly highway boundary line lying parallel with and
perpendicular distant One Hundred Fifty (150) feet Northerly from the survey centerline
of said State Trunk Highway No. 100 as now laid out and established; thence Easterly
parallel with center line of said highway, Three Hundred (300) feet; thence Northwesterly
in a straight line to a point in said North line of the Northeast Quarter of the Southeast
Quarter (NE ¼ of SE ¼), distant One Hundred Seventy (170) feet East of the place of
beginning thence West along said North line of the Northwest Quarter of the Southeast
Quarter (NE ¼ of SE ¼) a distance of One Hundred Seventy (170) feet to the place of
beginning, according to the United States Government Survey thereof.
Tract 3:
That part of the Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) of Section
Twenty-two (22), Township Thirty (30), Range Twenty-four (24), described as follows:
Commencing at a point on the South line of said Southeast Quarter of the Northeast
Quarter (SE ¼ of NE ¼) distant 365 feet Westerly of, measured at right angle to, the
center line of the main track of the railway of the Great Northern Railway Company as
now located and constructed in a Northerly and Southerly direction through said Section
Twenty-two (22); thence Northerly, parallel with and distant 365 feet Westerly of,
measured at a right angle to, said center line of said main track to a point which is 878
feet Southerly of, measured at a right angle to, the North line said Southeast Quarter of
the Northeast Quarter (SE ¼ of NE ¼); thence Easterly parallel with said North line of
said Southeast Quarter of the Northeast Quarter (SE ¼ of NE ¼) a distance of 169.26
feet, more or less, to a point distant 196 Westerly of, measured at a right angle to, said
center line of main track, which point is marked by Judicial Landmark; thence Southerly
parallel with and distant 196 feet Westerly of, measured at a right angle to, said center
line of said main track to the South line of said Southeast Quarter of the Northeast
Quarter (SE ¼ of NE ¼), which point is marked by Judicial Landmark; thence Westerly
along South line to the point of commencement, according to the United States
Government Survey thereof. The Easterly line of said land is marked by Judicial
Landmarks set pursuant to Torrens Case No. T-1311.
Is hereby designated to be in the Zoned District M-2
(Heavy Industrial)
SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said
tract or area to be rezoned from Zoned District C-3 (General Shopping) to M-2 (Heavy
Industrial).
Ordinance No. 1352 Page 3
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26
DAY OF MARCH, 2018.
________________________________
SCOTT J. LUND – MAYOR
ATTEST:
_________________________________
DEBRA A. SKOGEN – CITY CLERK
Public Hearing: March 12, 2018
First Reading: March 12, 2018
Second Reading: March 26, 2018
Publication: April 6, 2018
Ordinance No. 1352 Page 4
STIPULATIONS FOR REZONING, ZOA #18-01
1. The petitioner shall meet all requirements set forth by:
a. the Building Code
b. the Fire Code
c. the City’s Engineering department – related to grading, drainage, storm pond
maintenance agreement, utilities, and utility connection fees
d. the City’s Planning department – related to landscaping, signage
e. the Mississippi Watershed Management Organization
f. the Anoka County Highway Department
g. the Minnesota Department of Transportation
2. A development agreement between the petitioner and the City outlining the Developer’s
public/private site improvements will be prepared by the City and shall be signed by the
petitioner prior to issuance of a building permit for the first building. The Development
Agreement shall include but is not limited to the following: streets, utilities, landscape, the
th
disposition of eastern private driveway when 57 Avenue is extended, ponding needed for the
th
57 Avenue extension, multi-model access from the subject property, and park dedication fees.
AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY distant 878 feet South,measured at a right angle to,the North line said
ORDINANCE NO.1353 right angles,from said North line of Southeast Quarter of the Northeast
STATE OF MINNESOTAORDINANCE TO AMEND said Lot 13;thence Westerly paral- Quarter (SE 1/4 of NE 1/4); thence
COUNTY OF ANOKA )ss THE CITY CODE OF lel with said North line of Lot 13 for Easterly parallel with said North line
THE CITY OF FRIDLEY, 385 feet;thence North in a Straight of said Southeast Quarter of the
MINNESOTA BY line to Point A;thence Northerly at Northeast Quarter(SE 1/4 of NE 1/4)
Darlene MacPherson being duly sworn on an MAKING A CHANGE IN right angles to Line x for 17 feet; a distance of 169.26 feet,more or
oath, states or affirms that he/she is the ZONING DISTRICTS thence Northwesterly at an angle less, to a point distant 196 West-
The Council of the City of Fridley to the left of 60 degrees 30 minutes erly of, measured at a right angle
Publishers Designated Agent of the newspa- does ordain as follows: to a point in the Easterly boundary to, said center line of main track,
per(s)known as: SECTION 1.Appendix D of the line of East River Road, and there which point is marked by Judicial
Fridley City Code is amended here- terminating. Landmark;thence Southerly paral-
SF Columbia Heights/Fridley inafter as indicated. Excepting that part lying South- lel with and distant 196 feet West-
SECTION 2.The tracts or areas erly of the following described line: erly of,measured at a right angle to,
within the County of Anoka and the Commencing at the Southeast said center line of said main track
with the known office of issue being located City of Fridley and described as: corner of said Section 22; thence to the South line of said Southeast
in the county Of: 5601 East River Road NE;legally Northerly along the East line of said Quarter of the Northeast Quar-
ANOKA described as: Section 22, a distance of 1,528.6 ter (SE 1/4 of NE Y4), which point
with additional Circulation in the Counties Of: Tract 1: feet to the ping of beginning of the is marked by Judicial Landmark;
ANOKA All that part of Section Twen- line to be described; thence de- thence Westerly along South line
ty-two (22), Township Thirty (30), flecting to the left an angle of 86 to the point of commencement,
and has full knowledge of the facts stated Range Twenty-four (24), Anoka degrees 28 minutes a distance of according to the United States
below: County, Minnesota, described as 3,500 feet and there terminating. Government Survey thereof. The
(A)The newspaper has complied with all of follows: Tract2: Easterly line of said land is marked
Commencing at a point,marked All that part of the Northeast by Judicial Landmarks set pursuant
the requirements constituting qualifica- by Judicial Landmark on the South Quarter of the Southeast Quarter to Torrens Case No.T-1311.
tion as a qualified newspaper as provided line of said Section and distant (NE 1/4 of SE 1/4)of Section Twen- Is hereby designated to be in the
by Minn. Stat.§331A.02. 365 feet Westerly of, measured ty-two(22),Township Thirty North Zoned District M-2
(B)This Public Notice was printed and pub- at a right angle to the center line (30), Range Twenty-four(24) West (Heavy Industrial)
of the main track of Great North- of the Fourth Principal Meridian, SECTION 3. That the Zoning
lished in said newspaper(s) Once each ern Railway Company, running in described as follows: Administrator is directed to change
week, for 1 successive week(s); the first a Northerly and Southerly direc- Beginning at a point in the the official zoning map to show said
insertion being on 04/06/2018 and the last tion through said Section; thence North line of said Northeast Quar- tract or area to be rezoned from
insertiOri being On 04/06/2018. Northerly parallel with and distant ter of the Southeast Quarter (NE Zoned District C-3(General Shop-
insertion 365 feet Westerly of measured at 1/4 of SE 1/4)of Section Twenty-two ping)to M-2(Heavy Industrial).
a right angle to said center line of (22), perpendicularly distant Three STIPULATIONS FOR
MORTGAGE FORECLOSURE NOTICES said main track, 4,574.75 feet to Hundred Sixty-five(365)feet West REZONING,ZOA#18-01
Pursuant to Minnesota Stat. §580.033 a point marked by Judicial Land- of the center line of main track of 1. The petitioner shall meet all
mark; thence Northeasterly 714 the Railway of the Great Northern requirements set forth by:
relating to the publication of mortgage feet to a point,marked by Judicial Railway Company as now located a.the Building Code
foreclosure notices: The newspaper complies Landmark, on the North line of and constructed; thence Souther- b.the Fire Code
with the conditions described in §580.033, said Section Twenty-two (22), and Iy parallel with said center line of c.the City's Engineering depart-
subd. 1, clause (1) or(2). If the newspaper's distant 265 feet Westerly of, mea- main track to a point in the North- ment-related to grading,drainage,
sured along said North section line, erly boundary line of Stara Trtmk- storm-pond maintenance agree-
known office of issue is located in a county the said center line of main track, Highway No. 100, said Northerly ment, utilities, and utility connec-
adjoining the county where the mortgaged thence West on said North section highway boundary line lying paral- tion fees
premises Or some part of the mortgaged line 328.35 feet to the pint of inter- lel with and perpendicular distant d, the City's Planning depart-
premises described in the notice are located, section, marked by Judicial Land- One Hundred Fifty(150)feet North- ment-related to landscaping,sig-
mark,with the Easterly line of right eriy from the survey centerline of nage
a substantial portion of the newspaper's of way of Anoka County Highway said State Trunk Highway No. 100 e. the Mississippi Watershed
circulation is in the latter county. No. 1,as laid out and established as now laid out and established; Management Organization
in a Northerly and Southerly direc- thence Easterly parallel with center f. the Anoka County Highway
tion through said Section; thence line of said highway,Three Hundred Department
Southerly along said Easterly line (300) feet; thence Northwesterly g.the Minnesota Department of
By: Oot, /2t?Ft�A-riy� of said highway right of way to the in a straight line to a point in said Transportation
Designated Agent point of intersection, marked by a North line of the Northeast Quarter 2. A development agreement
Judicial Landmark,with the South of the Southeast Quarter(NE /4 of between the petitioner and the City
section line of said Section Twen- SE 1/4), distant One Hundred Sev- outlining the Developer's public/
Subscribed and sworn to or affirmed before ty-two(22),thence East along said enty(170)feet East of the place of private site improvements will be
me on 04/06/2018 by Darlene MacPherson. section line 1,792.9 feet to the ping beginning thence West along said prepared by the City and shall be
of beginning. North line of the Northwest Quarter signed by the petitioner prior to is-
Excepting that part lying North- of the Southeast Quarter(NE 1/4 of suance of a building permit for the
eriy of the following described line: SE 1/4)a distance of One Hundred first building. The Development
Commencing at a ping in the Seventy(170)feet to the place of Agreement shall include but is not
North line of Lot 13, Auditor's beginning,according to the United limited to the following: streets,
Subdivision No.78,being also the States Government Survey thereof. utilities,landscape,the disposition
North line the Southeast Quarter Tract 3: of eastern private driveway when of the Northeast Quarter(SE 1/4 of That part of the Southeast Quar- 57th Avenue is extended, ponding
Notary Public NE 1/4)of said Section Twenty-two ter of the Northeast Quarter(SE 1/4 needed for the 57th Avenue exten-
(22),distant 365 feet Northwesterly, of NE /4) of Section Twenty-two sion, multi-model access from the
measured at right angles,from the (22), Township Thirty (30), Range subject property,and park dedica-
center line of main track at the rail- Twenty-four(24),described as fol- tion fees.
MARLENE M.MITCHELL way of the Great Northern Railway lows: PASSED AND ADOPTED BY
Company,as now located and con- Commencing at a point on the THE CITY COUNCIL OF THE CITY
f NMry pUblnnlsota structed;thence Southerly parallel South line of said Southeast Quar- OF FRIDLEY THIS 26TH DAY OF
My Corm*elon Exom Jon$1,2= with said center line of main track ter of the Northeast Quarter(SE 1/4 MARCH,2018.
for 570 feet; thence Westerly on of NE 1/4) distant 365 feet Wester- SCOTT J.LUND-MAYOR
a line, hereinafter called "Line V Iy of, measured at right angle to, ATTEST:
parallel with said North line of Lot the center line of the main track of DEBRA A.SKOGEN-CITY CLERK
13,400 feet to a point hereinafter, the railway of the Great Northern Public Hearing:March 12,2018
called "Point A;" thence Easterly Railway Company as now located First Reading:March 12,2018
Rate Information: retracing last described course for and constructed in a Northerly and Second Reading:March 26,2018
400 feet; thence Southwesterly Southerly direction through said Published in the
(1)Lowest classified rate paid by commercial users parallel with said center line of main Section Twenty-two (22); thence Columbia Hgts-Fridley Sun Focus
for comparable space: track distant 365 feet Northwester- Northerly, parallel with and distant April 6,2018
$25.40 per column inch ly, measures at right angles,there 365 feet Westerly of, measured at 800807
from to a point, being the point a right angle to,said center line of
Ad ID 800807 of beginning of the line to be de- said main track to a point which is
scribed, in a line parallel with and 878 feet Southerly of,measured at