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: Fred C. Harvey and Barbara K. ETAL
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Record ID 1648211
198�263.018
CITY COUNCIL PROCEEDINGS
REZONING
The above entitled matter came before the City Councii 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 26, Block 1,
River Edge Addition, subject to easement of record, generally located at 108 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 �-�� day of ��.�,���.�. , 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 ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicaxed.
SECTION 2. The tract or area 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 Wa�
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 Edge Wav
Lot 23, Block 1, River Edge Addition, subject to easement ofrecord
124 River Ed�e Wav
Lot 22, Block 1, Rivex Edge Addition, subject to ea.sement of record
128 Rivers Edge Wav
Lot 21, Block 1, River Edge Addition, subject to easement of record
132 River Ed�e Wav
Lot 20, Block 1, 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 CITY OF FRIDLEY THIS 12� DAY
OF DECEMBER, 2005.
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SCOTT J. UN� — MAYOR
ATTEST:
DEBRA A. SKOGEN — TY CLERK
Public Heazing: November 21, 2005
First Reading: December 5, 2005
Second Reading: December 12, 2005
Pub{ication: December 22, 2005
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 #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 (4Vard 3).
Dr. Burns, City Manager, sta.ted 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.
WANED THE READING OF THE ORDINANCE AND APPROVED ORDINANCE NO.
1219 ON SECOND READING AND ORDERED PUBLICATION.
2. Eztension of Pre 'minary Plat Request, PS #03-18, by Town Center Development,
Generally Locate at 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward
2).
Dr. Burns, City Manager, sta.t the preliminary plat for a 54-unit senior condominium project
was approved on Januazy 5, 200 . The developer needed a six-month extension of his plat to
resolve legal issues regarding the wnerslup 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 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 -
53rd Avenue NE, Fridley, MN (Target Corporation) (W d 1).
Dr. Burns, City Manager, stated this is a subdivision for the prop ed Super Tazget that was
approved on June 27, 2005. The subdivision of this property allows r the freestanding Petco
store. Staff recommends CounciP s approval.
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FRIDLEY CITY COUNCIL 11ZEETING OF DECEMBER 5, 2005 PAGE Z_
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 �EADING AND ADOPTED OR.DINANCE NO. 1216 ON SECOND
READING AND/��RDERED PUBLICATION.
4. Secon eading of an Ordinance Amending Chapter 205 of the Fridley City Code
Perta' ing �o Front Yard and Side Yard Setbacks in the S-1, Hyde Park Districi
(Zo ng Text Amendment ZTA #OS-03, by the City of Fridley).
W
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�i THE REA.DING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
G AND ORDERED PUBLICATION.
d
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-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).
WAIVED THE READTNG AND ADOPTED THE ORDINANCE ON FIRST RE.ADING.
7. Resoluh n of the Gity of Fridiey, Minnesota, Approving the Transfer and Eazchange
of Certa' Parcels of Land with Keut 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.
A.DOPTED RESOLUTION . 2005-7L
8. 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, stated the City proposes to
recommends Council's approval.
Tract A for a right-of-way easement. Staff
.
FRTnT,FV CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAG
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN SS303
71 '/z Avenue Street Irnyprovement
Project No. ST. 2005 13
Estimate No. 1.. ......................................$ 51,157.50
Councilmember Bolkcom req sted that Items 2 an.d 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 Covncilmember Wolfe.
UPO►N A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED�JNANIMOUSLY.
MOTION by Co cilmember Bolkcom to approve the agenda with the addition of Items 2
and 5. Seconded y Councilmember Billings.
UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CA,�i2RIED TJNAl�iIMOUSLY.
OPEN FOR�iVI (VISITOR�):
Donald E Anderson, Jr., 7304 West Circle NE, asked vahy cars were always in the Cattle
Company parking lot. He has seen people sleeping in their cars.
Mr. A ott, Public Safety Director, stated for the most part the property around �lie 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
#Q5-04, by Peter Borman to Rezone Multipte Properties from R 3, Multi-Family, to
R-1, Singie Family, 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 CITY COUNCIL MEETING OF NOVEMBER 21. 2005 PAGE _6 _
UP4N A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:52 P.M.
Julie 3ones, Planning Coordinator, sa.id the petitioner is Peter Borma,n who lives at 1�0 River
Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, T.24, 128,
and 132 R.iver 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 rega�ding the
rezoning request and the City has received signatures from a11 of them. All of the p' operties
requesting to be rezoned were developed as single-family homes between the years of 1957
tlarough 1961. They are a11 zoned R-3, Multi-Faxnily and have been since the City's fir zoning
map dati.ng hack to 1958. The 1958 zoning map shows an R-3, Multi-Faxnily, zoning
designa.tion starting at the south edge of River Edge Way (61 � Way) and extending al.l th way to
Lnterstate 694. Sometime between 1958 and 1962, the school district purchased the land outh of
the subject properties, which resulted in a change of zoning from R-3, Multi-Family, to P Public.
As a result of the school property being rezoned to Public, a strip of R-3, Multi-F ily land
remai.ns as a remnant of what was once a very large R-3 zoned property. The petitione and his
neighbors would like to see the current zoning changed to reflect the cunrent land use, hich is
single family.
Ms. Jones said that while single-family homes are a permitted use in the R-3 zoning district,
changing the zoning to the land's current use will a11ow the si.ngle-family neighbor ood to
rema.in the same as it e�sts toda.y. The law gives the City the authority to rezone prope from
one designated use to another, as long as the zoning is in conformance with the Compr hensive
Plan. The Comprehensive Plan's current land use map and 2020 fizture land use map de ignates
this area as "Single Family." Rezoning these properties from R-3, Mu1ti-Family to R-1 Single
Fam.ily is consistent with the Comprehensive Plan and will promote preservati n and
reinvestment of the existing single-family neighborhood. The Planning Commission held a
public heaxing on ihis item an November 2, 2005, and »n�nimously recommended a proval.
Staff recoznmends Council's approval.
Councilmember Bolkcom a.sked if staff could have brought this before CounciL
Ms. Jones replied staff could ha.ve done tha.t, but did not really see a problem. The p titioner
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 permitted use in e R-3
zoning district, staff does not typically go out and change that zoning.
Councilmember Bdlkcom asked what the fee was.
Mayor Lund said it was $1,500.
Keith Olson, 112 River Ed.ge Way, saatd at the Planning Commission meetiiig he aske if �the
City would be willing to waive the fee if there were any unusual circumstances.
0
FR�DLEY CITY COUNCIL MEETING OF NOVEMSER 21 2005 PAGE 7
Mayor Lund replied that is something they could consider.
Cauncilmember Bolkcom asked staff if they had ever waived any fees on anythin� similar to
this.
Scott Hickock, Community Development Dixector, said he cannot recall a situation where a
group of residents ha.ve asked for a collective rezoning and they have waived the fees. It is
something that he thinks should be put into the record tliat Council did take the approach at the
time the Comprehensive Plan was adopied tha.t there is an inconsistency and Council chase to
take those on a case-by-case basis. There was not an urgent need to modify �lie rezoning unless
there are petitianers. This is a bit different than the taxpayers just paying for staff tisne. There is
a certain group who are getting a specific benefit to their property.
Dr. Burns stated just to be clear on the recard, 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 b3� Councilmember Bolkcom to close the public hearing.
Councilmember Wolfe.
Seconded by
UPON A V�ICE V4TE, ALL VOTING AYE, MA.YOR LUND DELCARED THE
PUBLIC HEARING CLOSED AT 5:10 P.M.
12. Consideration o'f an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City
Code Pertaining a Shoreland Uverlay District.
MOTION by Councilmem r Barnette to waive the reading of the public hearing notice and
open the public hearing. Seca 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 Coordina.tor, sai
Fridley. Fridley needs to bring shoreli
mandate that was passed many years a
overdevelopment. Even though Fridley
are sti11 required to do.
text amendment is for a Shoreland Overlay District in
building requirements into conformity with the Sta.te
� which was designed to protect public waters from
�a fully-developed cammunity, il�is is something we
Ms. Jones sta.ted in I988, Fridley's sta.ff gan drafting a shoreland overiay ordinance in
preparation far 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 abaut 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
ANOk � COIJNTY MINNESC)T �
Iaocument No.: 1981263.018 ABSTR<�CT
I hereby ��ertify th��t the within itistrumznt� was tiled in this
oi�ice for recorci o�i: 01I12'2U06 4:01:00 PM
Fze�s'Ta��s Iti t�ie� Atnount of: $46.00
MAUREEN J. DEVINE �
.�noka Couirty Proparty Ta�
Adi�ninistrator/Rz�order�Registrar of Titles
SLZ, Deputy
Record ID: 1648211