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LU - 47183STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Rezoning, ZOA #05-04 Owner: Randall J. lskierka I Ililll NIII IIIII IIIII IIIII IIIII IIlII IIII IIII Record ID 1648218 1981263.419 CITY COUNCIL PROCEEDINGS REZONiNG The above entitled matter came before the City Counci! of the City of Fridley and was heard on the 12th day of December, 2005, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To rezone property from R-3, Multi-Family, to R-1, Single Family, legally described as Lot 28, Block 1, River Edge Addition, subject to easement of record, generally located at 100 River Edge Way. IT IS ORDERED that a rezoning be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council meeting minutes of November 21, 2005, December 5, 2005, and December 12, 2005. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) ) OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a rezoning with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the �,Rl� day of �.�.��� , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk ��� �°. ;� � � r `'�` _y f' � � r�.� ' i`. . Y '� 1 . �.. t � ` �;. ����� ��. q . , � � M� � f ' . � 3 � � ' .�'. . �, .... ,l�^. �^� a.. � �. . ���i��� .. ... ", E, �i'� ORDINANCE NO. 1219 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 tract or area within the County of Anoka and the City of Fridley and described as: 100 River Edge Wav Lot 28, Block l, River Edge Addition, subject to easement of record 104 River Edge Wav Lot 27, Block 1, River Edge Addition, subject to easement of record 108 River Edge Wav Lot 26, Block 1, River Edge Addition, subject to easement of record 112 River Edge Wav Lot 25, Block 1, River Edge Addition, subject to easement of record 116 River Ed�e Wav Lot 24, Block 1, River Edge Addition, subject to easement of record 120 River Ed�e Wav Lot 23, Block 1, River Edge Addition, subject to easement of record 124 River Ed�e Wav Lot 22, Block 1, River Edge Addition, subject to easement of record 128 Rivers Ed�e Wav Lot 21, Block 1, River Edge Addition, subjeet to easement of record 132 River Edge Wav Lot 20, Block I, River Edge Addition, subject to ea.sement of record Is hereby designated to be in the Zoned District R-1 (Single Family). 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 R-3 (General Multiple Units) to R-1 (Single Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CIT'Y OF FRIDLEY THIS 12� DAY OF DECEMBER, 2005. ,p�� SCOTT J. UN — MAYOR ATTEST: f DEBRA A. SKOGEN — TY CLERK Public Hearing: November 21, 2005 First Reading: December 5, 2005 Second Reading: December 12, 2005 Publication: December 22, 2005 0 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #OS- 04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge Way (Ward 3). Dr. Burns, City Manager, stated Council approved the first reading of tivis ordinance at the Council meeting on December 5. Staff recommends Council's approval of the second reading of this ordinance. WAIVED THE READING OF THE ORDINANCE AND APPROVED ORDINANCE NO. 1219 ON SECOND READING AND ORDERED PUBLICATION. 2. Eztension of Generally La 2). ary Plat Request, PS #03-18, by Town Center Development, 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward Dr. Burns, City Manager, stat the preliminazy plat for a 54-unit senior condominium project was approved on January 5, 200 . The developer needed a six-month extension of his plat to resolve legal issues regaxding the wnership of the land located at 1282 Mississippi Street and 6490 Central Avenue N.E. While e legal issues have been resolved in the developer's favor, he receive the signed mylars from An ka County in time for tonight's meeting. They expect the fmal plat for this project to come bef e Council at its January 9 meeti.ng. Staff recommends Council's approval of an additional six- onth extension. APPROVED. 3. Approve Comprehensive Sign Plan 7101 Highway 65 N.E. (Ward 2). r Creekside Properties, Generally Located at Dr. Burns, City Manager, stated Karen Sorenson, Council's approval of a comprehensive sign plan. the building and will consist of 3' x 8' panels with Staff recommends Council's approval. APPROVED. �r of Creekside Properties, is requesting signs will be placed on the west side of and blue lettering on white background. 4. Resolution Approving a Plat, P.S. #OS-04, Lots 1 an 2, Olivia Grove, by the City of Fridley, for the Purpose of Creating Two Lots, Gene IIy Located at 753 and 755 — 53`a Avenue NE, Fridley, MN (Target Corporation) (W d 1). Dr. Burns, City Manager, stated this is a subdivision for the prop approved on June 27, 2005. The subdivision of this property allows store. Sta.ff recommends Council's approval. Super Target that was the freestanding Petco \ FRIDLEY CITY COUNCIL NIEETING OF DECEMBER 5, 2005 PAGE 2 WAIVED THE READING ADOPTED ORDINANCE 1215 ON SECOND READING AND ORDERED PUBLIC ION. 3. Second Reading an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real tate to be Surplus and Authorizing the Sale Thereof, Generally Located at El Street and Liberty Street (Ward 3). WAIVED THE ADING AND ADOPTED ORDINANCE NO. 1216 ON SECOND READING AND RDERED PUBLICATION. 4. Secon eading of an Ordinance Amending Chapter 205 of the Fridley City Code Perta' ing to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District (Zo ng Text Amendment ZTA #OS-03, by the City of Fridley). WAIVE THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND READ G AND ORDERED PUBLICATION. NE BUSINESS: 5. Receive the Minutes from the Planning Commission Meeting of November 16, 2005. CEIVED. 6. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #OS-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge Way) (Ward 3). W.AIVED THE READING AND�ADOPTED THE ORDINANCE ON FIRST READING. 7. Resoluh n of the City of Fridley, Minnesota, Approving the Transfer and Exchange of Certai Parcels of Land with Kent L. Craft and Kathleen M. Craft, Generally Located at en Creek Road and Logan Parkway (Ward 3). William Burns, stated e City is trading Tract B for an easement that is part of the Crafts' property. Staff recommen Council's approval. . ADOPTED RE50LUTION . 2005-71. 8. Resolution of the City of F' ley, Minnesota, Approving the Transfer and Ezchange of Certain Parcels of Land w Peter J. Kadlec and Richard G. Kadlec, Generally Located at Ely Street and Libe Street (Ward 3). William Burns, stated the City proposes to de Tract A for a right-of: way easement. Staff recommends Council's approval. �7nT.EY CITY COUNCIL MEETING OF N Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 71 '/Z Avenue Street rovement Project No. ST. 2005 3 EstimateNo. 1 ........ .......................................$ 51,157.50 Councilmember Boikcom req sted that Items 2 and 5 be removed and placed on the regulaf agenda.. "' ti MOTION by Councilmem er Bamette to approve the consent agenda as presented with the removal of Items 2 and 5. econded by Councilmember Wolfe. UPON A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ANIMOUSLY. ADOPTION OF T AGENDA: MOTION by Co cilrnember Bolkcom to approve the agenda with the addition of Items 2 and 5. Seconded. y Covncilmember Billings UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION C D UNAIVIMOUSLY. OPEN FO (VISITORS): Donald E/Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle Company pazking Iot. He has seen people sleeping in thei.r cars. Mr. A ott, Public Safety Director, stated for the most part the property around the Cattle Comp y would be considered private property. He told Mx. Anderson if he saw someone sleep' g in a car in the parking lot to call 911 and an officer would be called out to check to mak sure the person is okay. PUBLIC HEARING5: : 11. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Singte Famity, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 (River Edge Way) (Ward 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITX COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLAREI� THE PUBLIC HEARING OPENED AT 7:52 P.M. ' Julie 3ones, Planning Coordinator, said the petitioner is Peter Borman who lives at 12� River Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 1 4, 128, and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Famil , to R- l, Single Family. The petitioner has contacted all of the above property owners regar ing the rezoning request and the City has received signatures from all of tliem. All of the pr perties requesting to be rezoned were developed. as single-family homes between the years f 1957 through 196L The� are a11 zoned R-3, Mu1ti-Family and have been since the City's first zoning map dating back to 1958. Tb.e 1958 zoning map shows an R-3, Multi-Fa.mily, zoning designation starting at the south edge of River Edge Way (61 St Way) and extending all the way to Interstate 694. Sometime between 1958 and 1962, the school district purchased the land s uth of the subject properti�s, wluch resulted in a change of zon.ing from R-3, Multi-Faxnily, to P, Public. As a result of the chool property being rezoned to Public, a strip of R-3, Mu1ti-Fami y land remains as a remna�it of what was once a very large R-3 zoned property. The petitioner d his neighbors would lilde to see the current zoning changed to reflect the current land use, hich is single family. Ms. Jones sa.id that! while single-family homes are a permitted use in the R-3 zon.ing istrict, chan.ging the zonin:� to the land's current use will allow the single-family neighbor ood to zema.in the same as �t exists today. The law gives the City the authority to rezone prope from one design.ated use �o another, as long as the zoning is in conformance with the Compre ensive Plan. The Comprel�ensive Plan's current land u.se map and 2020 future land use map de 'gn.ates this area as "Si.ngle �Family." Rezoning these properties from R-3, Multi-Family to R-1, Single Family is consisteinnt with the Comprehensive Plan and will promote preservati n and reinvestment of the existing single-family neighborhood. The Planning Comrnission held a public hearing on tJus item on November 2, 2005, and �m�nimously recommended a roval. Staff recommends Qouncil's approval. , Councilmember B lkcom asked if stafF could have brought this before Council , • � Ms. Jones replied �taff could have done that, but did not really see a problem. The pe 'tioner chose to bring it for�ard. Councilmember Ba�lkcom asked if a fee was involved. Ms. Jones replied ere is a fee involved. Since single-family is a pernutted use in t zoning district, staff does not typically go out and change that zoning. Councilmem6er B lkcom asked what the fee was. Mayor Lund sa.id itwas $1,500. , Keith Olson, 112 "ver Edge Way, said at the Pla�.uling Cominission meeting he askec City would be will' g to waive the fee if there were any unusual circumstances. ; ze R-3 t if �the ,� . � FRII�LEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAGE 7 Mayor Lund replied that is something they could consider. Councilmember Bolkcom asked staff if they had ever waived any fees on anything similar to th.is. Scott Hickock, Community Development Director, said he cannot recall a situation where a group of residents have asked for a collective rezoning and they have waived the fees. It is something that he thiizks should be put into the recard that Council did take the approach at the time the Comprehensive Plan was adopted that there is an inconsistency and Council chose to take those on a case-by-case basis. There was not an urgent need to modify the rezoning unless there are petitioners. This is a bit different than the taxpayers just paying for staff time. There is a certain group who axe getting a specific benefit to their property. Dr. Burns sta.ted just to be clear on the record, he believed there times when they have waived the fee. Mr. Hickok stated Council has the ability to waive the fee at its discretion. MOTION by Councilmember Bolkcom to close the public heari.ng. Seconded by Counci�nem.ber Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE PUBLIC HEARING CLOSED AT 5:10 P.M. 12. Consideration o an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City Code Pertaining o Shoreland Overlay District. MOTION by Councilmem r Barnette to waive the reading of the public hearing notice and open the public hearing. Seco ed by Councilmember Bolkcom. UPON A VOICE VOTE, VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED A 8:12 P.M. Ms. Jones, Planning Coordinator, sai 's text amendment is for a Shoreland Overlay District in Fridley. Fridley needs to bring shoreli e building requirements into conformity with the State mandate that was passed many years a which was designed to protect public waters from overdevelopment. Even though Fridley i a fully-developed community, this is something we are still required to do. Ms. Jones sta.ted in 1988, Fridley's staff gan drafting a shoreland overlay ordinance in preparation for a 1991 DNR mandate. Debate over details of the ordinance continued through the early 90's. Staff requested flexibility fro the State standard to only include first-tier properties. There was an issue about the DNR w ting us to include property within 1,000 feet of the first and second tier properties. Council w very eoncerned about creating many non- conforming properties by doing that, and the ordinan e was shelved after some debate. Lack of a shoreline ordinance is a coiicern again, and staff has een warned that they need to adopt one ,�NC)K:=� COLTNTY MINNESOTA Dooumznt No.: 1981263.(119 aBSTRACT I hereb>> c�rtify tliat tha �uithin it�strumant was fil�d in this oiiioe for record on: Ol/ 121'2QOb 4:01:00 PA�1 Fee�a'Takzs Ii1 the Amount of: $46.00 MAUREEN J. DEVINE �ZOka County Property Tax Administrator/Recorder./Ragistrar of Titles SL'L, llaputy Record ID �I 1�48218 � . .