REZONING-ANOKA CO FILINGSTATE 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
19812�3.a25
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, 20Q5, 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.
!N TESTiMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the a�'�- day of �,�„c..�-� , 2005.
DRAFTED BY:
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:
l00 River Edge Wav
Lot 28, Block 1, River Edge Addition, subject to easement of record
104 River Edge Wav
Lot 27, Block 1, River Edge Addition, subject to easement of record
148 River Ed�e Wav
Lot 26, Block 1, Itiver Edge Addition, subject to easement of record
112 River Edge Way
Lot 25, Block 1, River Etlge Addition, subject to easement of record
116 River Edge 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 Addiiion, subject to easement of record
128 Rivers Edge Way
Lot 21, Block 1, River Edge Addition, subject to easement of record
132 River EdQe 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 AD4PTED BY TF� CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12� DAY
OF DECEMBER, 2005.
,���` ,
SCOTT J. UND — MAYOR
ATTEST:
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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 CDUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2
OLD BUSTNESS:
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 ta Rezone Multiple Properties from R-3, Mutti-Family, to R-1,
Single FamiIy, Generally Located at 100, 144, 108, 112, 116, 120, 124, 128 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 Cauncil's approval af the second reading of
this ordinance.
WAIVED THE READING OF THE ORDINANCE AND APPROVED ORDINANCE NO.
1219 ON SEC4ND 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 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 f1n 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 xecommends
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. (VVard 2).
Dr. Burns, City Manager, stated Kaxen 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 Ciiy 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 l).
Dr. Burns, City Manager, stated this is a subdivision far the prop�;
approved on June 27, 2045. The subdivision of this property allows
store. Staff recommends Council's approval.
Super Target that was
the freestanding Petco
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FRTALEY CITY COUNCIL R'IEETING OF DECEMBER 5, 2_005_ 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 Declari.ng
Certain Real tate to be Surpius and Authorizing the Sale Thereof, Generally
Located at El Street and Liberty Street (Ward 3).
WAIVED THE ADING AND .A,DOPTED 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 n� Text Amendment ZTA #OS-43, by the City of Fridley).
WAIV
READ
5.
THE READING AND ADOPTED ORDIN.ANCE 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
#OS-44, 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).
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' Parceis 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 1�`Q. 2045-71.
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 far a nght-of: way easement. Sta.ff
recommends Council's approvaL
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Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
71 1/Z Avenue Street rovement
Project No. ST. 2005 3
EstimateNo. 1 ........ .......................................$ 51,157.50
Councilmember Bolkcom req sted that Items 2 and 5 be removed and placed on the regulaz
agenda. �
MOTION by Councilmem er Barnette to approve the consent agenda as presented with the
removal af Items 2 and 5. econded by Councilmember Wolfe.
UPON A VOICE V E, ALL V4TING AYE, MAYUR LUND DECLA.RED THE
MOTION CARRIED �JNANIMOUSLY.
ADOPTION �k '1'ti� A��tvlia:
MOTT4N by Co cilmember Bolkcom to approve the agenda witli the addition of Ttems 2
and 5. Seconded y Councilmember Billings.
UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION C D UNANiMOUSLY.
OPEN FOR1v1(vt5rl�ux�i:
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 cazs
Mr. A ott, Public Safety Director, sta.ted for the most part the property around the Cattle
Comg 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:
I1. Consideration of an Ordinance to Amend the City Code of the City of Fridley,
Minnesata, by Making a Change in Zoning Districts (Rezonzmg Request, ZOA
#05-04, by Peter Borman io Rezone Muttiple Properties from R-3, Multi-Family, to
R-1, Single Family, Generally Located at 100, 144, 108, 112, 116, 120, 124, �28 and
132 (River Edge Way} (Ward 3).
MOTI4N by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. 5econded by Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 20Q5 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARIl�TG OPENED AT 7:52 P.M.
Julie Jones, Pla,iuung Coordinator, said the petitioner is Peter Borman who lives at 12p River
Edge VJay. The petitioner, on behalf of the owners of lOQ, 104, 108, 112, 116, 12Q, 1�4, 128,
and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Famil�, to R-
1, Single Family. The petitioner has contacted all of the above property owners regaxd�ng the
rezoning request and the City has received signatures from a11 of tllem. All of the pr erties
requesting to be rezoned were developed as single-family homes between the years o 1957
through 1961. They are a11 zoned R-3, Multi-Family and have been since the City's first oning
map dati.ng back to 1958. The 1958 zoning map shows an R-3, Multi-Family, oning
designa.tion starting at the south edge of River Edge Way (61� Way) and extending all the ay to
Intersta.te 694. Som�time between 1958 and 1962, the school district purchased the land s th of
the subjeet properties, which resulted in a change of zoning from R-3, Multi-Family, to P, ublic.
As a result of the school property bein.g rezoned to Public, a strip of R-3, Multi-Famil land
remains a.s a remnant of wha.t was once a very large R-3 zoned property. The petitioner d his
neighbors would like to see the current zoning cha.nged to zeflect the current land use, w'ch is
single family.
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Ms. Jones sa.id that v�hile single-farnily homes are a permitted use in the R-3 zonin.g di trict,
changing the zorung '��to the land's current use will a11ow the single-family neighborho d to
remain the same as it ��sts today. The Iaw gives the City the authority to rezone properiy om
one designated use to 'another, as long as the zoning is in conformance with the Comprehe ive
Plan. The Camprehen�sive Plan's current land use map a.nd 2020 future land use map desi ates
this area as "Single F�nily." Rezoni.ng these properties from R-3, Mu1ti-Family to R-1, S' gle
Family is consistent � with the Comprehensive Plan. and will promote preservation and
reinvestment of the e�kisting single-faxnily neighborhood. The Planning Comm.ission he d a
public hearing on this item on Novembez 2, 2Q05, and unanimously recommended appr val.
Staff recommends Cout�cil's approval.
Councilmember Bolkaom asked ifstaff could have brought th.is before CounciL
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Ms. Jones replied � could ha.ve done that, but did nat really see a problem. The petiti e:
chose to bring it forwar .
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Councilmember Bolkc�►m asked if a fee was involved.
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Ms. Jones replied therei, is a fee involved. Since single-fa.mily is a pernutted use in the
zoning district, staff doe� not typically go out and change tha.t zoning.
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Councilmember Bolkco�n asked what the fee was.
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Mayor Lund said it was �1,500.
Keith , Olson, 112 River �Edge Way, said at the Planning Cominission meeting he asked if
City would be willing to vi✓aive the fee if there were any unusua] circumstances.
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FRYDLE'Y 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 anyth.ing similar to
thi.s.
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 thinks should be put into the record that Council did take the approach at the
time the Comprehensive Plan was adopted thai 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 certaan group who are getting a specific benefit to their property.
Dr. Burns sta.ted just to be clear on the record, he believed there times when they ha�e 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 TAE
PUBLIG HEARING CLOSED AT 8:10 P.M.
12. Consideration o�f an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City
Code Pertaining�o Shoreland Overlay District.
MOTION by Councilmem�x Barnette to waive the reading of the public l�earing notice and
open the public hearing. Seco ed by Councilmember Bolkcom.
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UPON A VOICE VOTE, VUTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEA.RING OPENED A 8:12 P.M.
Ms. Jones, Planning Coordinator, sai
Fridley. Fridley needs to bring shoreii
mandate that was passed many years a
overdevelopment, Even though Fridley
aze still required to do.
text amendment is for a Shoreland Overlay District in
buildang requirements into conformity with the Sta.te
► 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
prepazation for a 1991 DNR manda.te. Debate over details of the ordinance continued tlzrough
the early 90's. Staff requested flexibility fro the State standard to or�y 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 daing 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
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ANOI;A COCT"JTY I�IlNNESOI'a
Docurnent No.: 1981263.025 ABSZ'R_�C'T
I l�erzby certify that tha �vithin instrtxmeilt �vas ftled in this
o$ice for r�cord on: 01I1212006 4:01:O0 P1�I
Fees!Taxe� In the ��nount of: $�6.00
N1AiJREEN J. DEVINE
anok�3 County Property Tax
_administrator/Recorder/Registrar of Titles
SLZ, Deputy
Record ID: 1�48233
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