LU - 47187STATE OF MINNESOTA
COIJNTY OF ANOKA
CITY OF FRIDL.EY
)
)
)
In the Matter of: A Rezoning, ZOA #05-04
Owner: Catherine A. Anderson
I IIIIII IIIII IIIII Illlf IIIII IIIII IIIII IIII IIII
Record ID 1648226
19812�3 . 422
CITY COUNCIL PROCEEDINGS
REZONING
The above entitled matter came before the City Council of the City of Fridley and was heard on the 12`h 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 20, Block 1,
River Edge Addition, subject to easement of record, generally located at 132 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 �ridley, 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 sub ribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the ���t day of � , 2005.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
��%�-�-
Debra A. Skogen, City Clerk
~ 1r �l. � \ , , `• 1R �,. �
_.� �: ' � fi1�` :.�-.
'� *.� .��"' ,�.��,Y"/
, i � � •
� ( i ± . J p ♦
� ��i.I „
. . . � / � . . . .. . .
� Y� � ,� : ar,
.
` v� ;, tr .
` � �,, p �;`r' �
" l ,, +, ^� ., t,
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 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 Ed�e Wav .
Lot 27, Block 1, River Ecige 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 Edge Wav
Lot 23, Block 1, River Edge Addition, subject to easement of record
124 River Edge 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, subject to easement of record
132 R.iver Ed�e W�v
Lot 20, Block 1, River Edge Addition, subject to easement of record
Is hereby designaxed to be in the Zoned District R-1 (Single Family).
SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p 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.
ATTEST:
DEBRA A. SKOGEN — TY CLERK
Public Hearing: November Z1, 2005
First Reading: December S, 20Q5
Second Reading: December 12, 2005
Publication: December 22, 2005
.�'��` ti
SCOTT J. UN — MAYOR
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, 12$ and 132
River Edge Way (Ward 3).
Dr. Burns, City Manager, stated Council approved the first reading of this 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 Develapment,
1282 Mississippi Street and 6490 Central Avenue N.E. (Ward
Dr. Burns, City Manager, stat the preliminary 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 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. #05-04, 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 —
53rd Avenue NE, Fridley, MN (Target Corporation) (W d 1).
Dr. Burns, City Manager, sta.ted 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 1VIEETING 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.
W
5.
�n eading of an Ordinance Amending Chapter 205 of the Fridley City Code
' ing to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District
ng Text Amendment ZTA #05-03, by the City of Fridley).
THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
AND ORDERED PUBLICATION.
Receive the Minutes from the Planning Commission Meeting of November 16, 2005.
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
#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 R.iver Edge Way) (Ward 3).
WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING.
7. Resoluh n of the City of Fridley, Minnesota, Approving the Transfer and Exchange
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 NQ. 2005-71.
�
S. Resolution of the City of F' ley, Minnesota, Approving the Transfer and Eacchange
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, staxed the City proposes to
recommends Council's approval.
Tract A for a right-of-way easement. Sta.ff
urnr .F.v r�7TV f'(1TTNf'TL MEETING O
Dave Perkins Contracting, Inc.
14230 Basait Street N.W.
Ramsey, MN 55303
71 1/Z Avenue Street rovement
Project Na 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 Councilmember Wolfe.
UPON A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED �TNA1vIMOUSLY.
ADOPTION OF TI-� AcT�lvlin�:
MOTION by Co cilmember Bolkcom to approve the agenda with the addition of Items 2
an.d 5. Seconded y Councilmember Billings.
UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION C D UNASTIMOUSLY.
Donald E Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle
Company parking lot. He has seen people sleeping in their cars.
Mr. A bott, 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 HEARINGSc
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) (Ward 3).
MOTION by Councilmember BoIkcom to waive the rea.ding of the public hearing notice and
open the public heaxing. 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 HEA.RING OPENED AT 7:52 P.M.
Julie Jones, Plaiuzing Coordinator, said the petitioner is Peter Borman who lives at 124 River
Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 124, 128,
and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Family, to R-
l, Single Family. The petitioner has contacted all of the above property owners regard�ng the
rezoning request and the City has received signatures from all of tl�em. All of the prc�perties
requesting to be rezoned were developed. as single-family homes between the yeaxs f 1957
through 1961. They are all zoned R-3, Multi-Family and have been since the City's first zoning
map dating back to 1958. The 195$ zoning map shows a,n R-3, Multi-Fam.ily, zoning
designation starting at the south edge of River Edge Way (61 St Way) and extending all the way to
Interstate b94. Sometime between 1958 and 1962, the school district purchased the land s uth of
the subject properties, which resulted in a change of zoning from R-3, Multi-Faxn.ily, to P, ublic.
As a result of the school property being rezoned to Public, a strip of R-3, Multi-Fami y land
remains as a remnant of what was once a very large R-3 zoned property. The petitioner d his
neighbors would like 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 aze a permitted use in the R-3 zoning istrict,
changing the 2oning to the land's current use will a11ow the single-family neighbor ood to
rema.in the same as it exists today. The law gives the City the authority to rezone prope from
one designated use to an.other, a.s long as the zoning is in confozmance with the Compre en.sive
Plan. The Comprehensive Plan's current land use map and 2020 future land use map des gnates
this azea as"Single Family." Rezoning these properties from R-3, Mu1ti-Family to R-1, Single
Family is consistent with the Comprehensive Plan and will promote preservati n and
reinvestment of the existing single-faxnily neighborhood. The Planning Cornmission held a
public hearing on this item on November 2, 2005, and 1znar;mously recommended a roval.
Staff recommends Council's approval.
Councilmember Bolkcom asked if staff colrl.d have brought this before Council.
Ms. Jones replied staff could have done that, but did not really see a problem. The
chose to bring it forward.
Councilmember Bolkcom asked if a fee was involved.
pe 'tioner
Ms. Jones replied there is a fee involved. Since single-family is a pernv.tted use in
zoning district, staff does not typically go out and change that zoning.
Councilmember Bolkcom asked what the fee was.
Mayor Lund said it was $1,500.
e R-3
Keith Olson, 112 River Ed.ge Way, said at the Planning Commission meeting he aske if �the
City would be willing to waive the fee if there were any unusual circumstances.
FRIbLEY 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 anythin� similar to
this.
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 thii�lcs should be put into the record that Council did take the approach at the
time the Comprehensive Plan was adopted thaf 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 diiferent than the taxpayers just paying for staff time. There is
a certain group who are getting a specific benefit io their property.
Dr. Burns stated just to be clear on the record, he believed there times when they have waived
the fee.
Mr. Hickok sta.ted Council has the ability to waive the fee at its discretion.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
PUBLIC HEARING CLOSED AT 8:10 P.M.
12. Consideration a an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City
Code Pertai.ning o Shoreland Overlay District.
MOTION by Councilmem r Barnette to waive the reading of the public hearing notice and
open the public heaxing. 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
manda.te 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
axe still required to da
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 concerned about creating many non-
confonning properties by doing that, and the ordinan e was shelved after some debate. Lack of a
shoreline ordinance is a concern again, a.nd staff has een warned that they need to adopt one
ANOKA COI_1N'1'Y MINNESC)"1':-�
Docrzi�nent No.: 1981263.U22 ABSTRACT
I l7ereby c:e�rtify that the ���ithin instr�rment �-���as filad in t}�is
oi�iee for record on: O1!12i2(}0� 4:OL•00 P1�7
Fees!Taxes In the �nount of: $46.00
MAUREEl�� J. DEVINE
Anoka County Property Tax
.�dministrator�`Record�rlRegistrar of Titles
SLZ, Deputy
Record ID: 1648226