LU - 47174STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
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In the Matter of: A Rezoning, ZOA #05-04
Owner: James L. Haley and Mariellen Haley
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Record ID 1648233
19$1263.025
CITY COUNCIL PROCEEDINGS
REZONING
The above entitled matter came before the City Council 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 24, Block 1,
River Edge Addition, subject to easement of record, generally located at 116 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
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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 a`�'`Fk-- day of �.�C,�-�.�., , 2005.
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City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Debra A. Skogen, City Clerk
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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 orda.in as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tract or azea within the County of Anoka and the City of Fridley and described as:
100 River Ed�e Wav
Lot 28, Block 1, River Edge Addition, subject to easement of record
104 River Edge Wav
Lot 27, Block l, 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 Ed�e Wav
Lot 25, Block 1, River Edge Additioq subject to easement of record
116 River Edee Wav
Lot 24, Block 1, River Edge Addition, subject to easement of record
120 River Edge Wav
Lot 23, Block l, 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 Edge Wav
Lot 21, Block 1, River Edge Addition, subject to easement of record
132 River Edge Wav
Lot 20, Block 1, River Edge Addition, subject to easement of record
Is hereby designa.ted 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 TI-� CITY COUNCIL OF THE CiTY OF FRIDLEY THIS 12� DAY
OF DECEMBER, 2005.
��� t�,r
SCOTT J. UN — MAYOR
ATTEST:
�
DEBRA A. SKOGEN — TY CLERK
Public Hearing: November 21, 2005
First Reading: December 5, 2005
Second Reading: December 12, 2005
Publication: December 22, 2005
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2
OLD SUSINESS:
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 tlus 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. Extension 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, sta.t the preliminary plat for a 54-unit senior condoxninium project
was approved on January 5, 200 . The developer needed a six-month extension of his plat to
resolve legal issues regarding 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
final plat for this project to come bef e Council at its January 9 meeting. Staff recommends
Council's approval of an additional six- onth extension.
APPROVED.
3. Approve Comprehensive Sign Plan r Creekside Properties, Generally Located at
7101 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, stated Karen Sorenson, wner of Creekside Properties, is requesting
Council's approval of a comprehensive sign plan. e signs will be placed on the west side of
the building and will consist of 3' x 8' panels with bla and blue lettering on white background.
Staff recommends Council's approval.
APPROVED.
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 lly Located at 753 and 755 -
53`d Avenue NE, Fridley, MN (Target Corporation) (W d 1).
Dr. Burns, City Manager, stated this is a subdivision for the prop ed Super Target that was
approved on June 27, 2005. The subdivision of this property allows r the freestanding Petco
store. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL NIEETING OF DECEMBER 5 2005 PAGE 2
WAIVED THE READING A 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 AN) 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 REA.DING 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, 20Q5.
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 Famffy, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and
132 River Edge Way} (Ward 3).
WAIVED THE READING AND ADOPTED THE ORDINANCE UN FIRST READING.
7. Resoluh n of the City of Fridley, Minnesota, Approving the Transfer and Ezchange
of Certa' 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 RESOLUTION . 2005-71.
S. Resolution of the City of F' ley, Minnesota, Approving the Transfer and Egchange
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, sta.ted the City proposes to de Tract A for a right-of-way easement. Sta.ff
recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAGE 5
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Raxnsey, MN 55303
71 '/2 Avenue Street rovement
Project No. ST. 2005 — 3
Estimate No. 1 ........ .......................................$ 51,157.50
Councilmember Bolkcom req sted that Items 2 and 5 be removed and placed on the regular
agenda. �
MOTION by Councilmem er Barnette to approve the consent agenda as presented with the
removal of Items 2 and 5. econded. by Couizcilmember Wolfe.
UPON A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED ANIMOUSLY.
ADOPTION OF T AGENDA:
MOTION by Co cilmember Bolkcom to approve the agenda with the addition of Items 2
and 5. Seconded y Councilm.ember Billings.
UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION C D UNArTIMOUSLY.
OPEN FO f VISITORS):
Donald E�Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle
Company pazking lot. He has seen people sleeping in their cars.
Mr. A ott, Public Safety Director, sta.ted for the most part the property around the Cattle
Comp y would be considered private property. He told Mr. 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 HEARINGS:
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, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and
132 (River Edge WaY) �ard 3).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 6 .
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:52 P.M.
Julie Jones, Planning Coordinator, said the petitioner is Peter Borman who lives at 12Q River
Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 12�, 128,
and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Family, to R-
1, Single Family. The petitioner has contacted all of the above property owners regaxding the
rezoning request and the City ha.s received signatures from all of them. All of the prq'perties
requesting to be rezoned were developed as single-family homes between the yeazs o 1957
through 1461. They axe a11 zoned R-3, Multi-Family and have been since the City's first oning
map da.ting back to 1958. The 1958 zoning map shows an R-3, Multi-Family, oning
designation starting at the south edge of River Ed.ge Way (61St 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 properties, which resulted in a change of zaning from R-3, Multi-Family, to P, ublic.
As a result of the school property being rezoned to Public, a strip of R-3, Multi-Fami y land
remai.ns as a remnant of what was once a very lazge R-3 zoned property. The petitioner d his
neighbors would like to see the current zoning changed to reflect the current land use, 'ch is
single family.
Ms. Jones said that while single-family homes are a pemutted use in the R-3 zoning istrict,
chan.ging the zoning to the land's cunent use will allow the single-family neighbor od to
remain the same as it exists today. The law gives the City the authority to rezone prope from
one designated use to another, as long as the zo�ing is in conformance with the Compre ensive
Plan. The Comprehensive Plan's current land use map an.d 2020 future land use map des gnates
this area as "Single Family." Rezoni.ng these properties from R-3, Mu1ti,Fanzily to R-1, Single
Family is consistent with the Comprehensive Plan and will promote preservati n and
reinvestment of the existi.ng single-faxnily neighborhood. The Planning Commission held a
public heari.ng on this item on November 2, 2005, and unanimously recommended a roval.
Staff recommends Council's app�oval.
Councilmember Bolkcom asked if staff could have brought this before Councii.
Ms. Jones replied staff could ha.ve done that, but did not really see a problem. The pe 'tioner
chose to bring it forward.
Councilmember Bolkcom asked if a fee was involved.
Ms. Jones replied there is a fee involved. Since single-family is a pernlitted use in e R-3
zoning district, staff does not typically go out and change that zorung.
Councilmember Bolkcom asked what the fee was.
Mayor Lund said it was $1,500.
Keith Olson, 112 River Edge Way, sa.id at the Planning Comxnission meeting he aske if �the
City would be willing to waive the fee if there were any unusual circumstances.
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FRYDLEY 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 similax to
this.
Scott Hickock, Community Development Director, sa.id 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 thinks should be put into the record 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 are getting a specific benefit to their property.
Dr. Burns staied 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 Bolkc,om to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED TIiE
PUBLIC HEARING CLOSED AT 8:10 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 liearing. 5eco 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
Fridley. Fridley needs to bring shoreli e
manda.te that was passed many years a i
overdevelopment. Even though Fridley i
axe still required to da
text amendment is for a Shoreland Overlay District in
building requirements into conformity with the State
> which was designed to protect public waters from
� a fully-developed community, this is something we
Ms. Jones stated 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 standazd 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 concerned 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 concern again, and staff has een warned that they need to adopt one
���Ol�_� C�OLTN�TY ?�1INNESO"I'a
Documz�nt No.: 1981263.02� ABSTRAC"T
I herel�y cei-tify that tha ��ithin iiistruiiiznt ��as tiled iti �this
office for record �n: O1;`12�'20U6 4:01:00 PNI
FeesiTa�es In the Aniount of: $�6.00
NI�l1REEN J. DEVINE
:�noka County Property Tax
administrator/Recorder�Registrar of Titles
SLZ, Deputy
Record ID: 164�8233