REZONING-ANOKA CO FILINGSTATE OF MINNESOTA )
COUNTY OF ANOKA
CITY OF FRIDLEY
M�
)
In the Matter of: A Rezoning, ZOA #05-04
Owner: Catherine A. Anderson
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Record ID 1648226
1981263.�22
CITY COUNCIL PROCEEDINGS
REZONING
The above entitied 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 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 C(TY CLERK
n
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 sub ribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the .���t day of � j , 2005.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
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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 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 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
108 River Ed�e 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 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 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 Additian, subjact to easement 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 Muitiple Units) to R-1
(Single Family).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12� DAY
OF DECEMBER, 2005.
ATTEST:
C��
DEBRA A. SKOGEN - CLERK
Public Hearing: November 21, 2005
First Reading: December 5, 2005
Second Reading; l�ecember 12, 2005
Publication: December 22, 2005
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SCOTT J. UND — MAYOR
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2
r
OLD BUSINESS:
L 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 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 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, stat the preliminary plat for a 54-unit senior condominiuxn project
was approved on Januaty 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
final plat for this project to come bef e Council at its January 9 meeting. Staff recommends
Cauncil's approval of an additional six- onth extension.
A,PPROVED.
3. Approve Comprehensive Sign Plan r Creekside Properties, Generally Located at
7101 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, sta.ted 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 lly Located at 753 and 755 —
53ra Avenue NE, Fridley, MN (Target Corporation) (W d 1).
Dr. Burns, City Manager, stated this is a subdivision for ihe prop�
approved on June 27, 2005. The subdivision of this property allows
store. Staff recommends Council's approva.l.
Super Target that was
the freestanding Petco
\
FRIDLEY CITY COUNCIL NIEETING OF DECEMBER 5, 2005 PAGE 2
WATVED THE READING�A� ADOPTED ORDINANCE 1215 ON SECOND READ7NG
AND ORDERED PUBLIC frION.
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 EI Sireet and Liberty Street (Ward 3).
WANED 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 n� Text Amendment ZTA #OS-43, by the City of Fridley).
WAIVE�i THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
READI�CG AND ORDERED PUBLICATION.
5. � Receive the Minutes fram the Planning Commission Meeting of November 16, 2005.
6. First reading of an Ordinance to Amead 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, Mulh-Family, to
R-1, Single Family, Generally Located at 100, 104, 108, 112, I1G, 120, 124, 128 and
132 River Edge Way} (Ward 3).
WAIVED THE READING AND ADOPTED THE ORDINANCE ON FII25T READING.
7. Resoluh n of the City of Fridley, Minnesota, Approvzng 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 tradin.g Tract B for an easement that is part of the Crafts'
property. Staff recommen Council's approvaL
ADOPTED RESOLUTION N'Q. 2005-?L
8. 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. Staff
�
Dave Perkins Contracting, Tnc.
14230 Basalt Street N.W.
Ramsey, MN 55303
[i]
P
71 1/2 Avenue Street Ir�Srovement
Praject No. ST. 2005 � 3
EstimateNa 1 ...............................................$ 51,157.50
Councilmember Bolkcom req sted that items 2 and 5 be removed and placed on the regular
agenda. �
M4TION by Councilmem er Barnette to approve the consent agenda as presented with the
removal af Items 2 and 5. econded by Councilmemher Wolfe.
UPON A VO�CE V , ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CA�RRIED ANIMOUSLY.
�
MOTION by Co cilmember Bolkcam to approve the agenda with the addition of Items 2
and 5. Seconded y Gouncilm.ember Billings.
UPON A VO CE 'VOTE, ALL V4TING AYE, MA.YOR LUND DECLARED THE
MOZZON C D UNANIMOUSLY.
UPE1�T FO fVISITORSI:
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 ott, Public Safety Director, stated for the most part ihe property around �lie Cattle
Comp y would be considered privaie property. He told Mr. Anderson if he saw sameone
sleep" g in a car in the pazking 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 Fridiey,
Minnesota, hy Making a Change in Zoning Districts {Rezoning Request, ZOA
#OS-04, by Peter Borman to Rezone Muitiple 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 natice and
open the public hearing. Seconded by Councilmember Wolfe.
FF.YDLEY CITX COUNCIL MEETING OF NO�EMBER 21, 2005 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:52 P.M.
Juiie Jones, Pla.tuvng Coordinator, sa.id the petitioner is Peter Borman who lives at 1�;0 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-Famili�, to R-
l, Single Family. The petitioner has contacted all of the above property owners regarc�ing the
rezoning request and the City has received signatures from all of tliem. All of the prt�perties
requesting to be rezoned were developed as single-family homes between the yeaxs o� 19�7
through 1961. They are all zoned R-3, Multi-Family and have been since the City's fixst �oning
map dating back to 1958. The 195$ zoning map shows an R-3, Multi-Family, oning
designation starting at the south edge of R.iver Edge Way (61St Way) and extending all the ay to
Intersta.te 694. Sometime between 195$ and 1962, the school district purchased the land s uth of
the subject praperties, which resulted in a change of zoning from R-3, Multi-Faxnily, to P, uhlic.
As a result of the school property being rezoned to Public, a strip of R-3, Multi-Famil land
rema.i.ns 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, w ch is
single family.
Ms. Jones said that while single-family homes are a permitted use in fihe R-3 zoning dis '
changing the zoning to the land's cuxrent use will allow the single-family neighborho
remain the same a.s it e�.sts today. The law gives the City the authority to rezone praperty c
one designated use to another, as long as the zoning is in conformance with the Comprehe i
Plan. The Comprehensive Plan's cutrent land use map and 2020 fizture land use map desi
this azea as "Single Family." Rezoning these properties from R-3, Multi-Faznily to R-1, S' �
Farnily is consistent with the Comprehensive Plan and will promote preservation
reinvestrnent of the existing single-family neighborhoad. The Planning Commission hel �
public heazing on this item on Novembez 2, 2005, and unanunously recommended appro
Staff recommends Council's approval.
Councilmember Bolkcom asked if staff co�.rld have brought this before Council.
Ms. Jones replied staff could have done that, but did not really see a problem. The petitic
chose to bring it forward.
Couucilmember Bolkcom asked if a fee was involved.
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to
a
Ms. Jones replied there is a fee involved. Since si.ngle-family is a permitted use in the R-
zoning district, staff does not typically go out and change that zoning.
Councilmember Bolkcam asked what the fee was.
Mayor Lund said it was $1,500.
I{eith Olson, 112 River Ed.ge Way, sa.id at the Planning Commission meeting he asked if �khe
City would be willing to waive the fee if there were any unusual circumstances.
I
FRIbLEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAGE 7
Mayor Lund replied that is something they could considex.
Councilmember Bolkcom asked staff if they had ever waived any fees on anykhing 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 thinks should be put into the record that Council did take the approach at the
ti.me the Comprehensive Plan was adopted tha.t 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 sta.ted 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 TAE
PUBLIC 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�r Barnette to waive the reading of the public hearing notice and
open the public hearing. Seco�cled 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 's text amendment is for a Shoreland Overlay District in
Fridley. Fridley needs to bring shorel' e building requirements ulto 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 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 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 was shelved after some debate. Lack of a
shoreline ordinance is a concern again, and staff has een wazned that they need to adopt one
:�NC)liA COLTNI'�' I�IINNES(�'1'.a
Docr�ment No.: 1981263.022 .4F3STRACT
I hereby ce�rtify that the ruithin vistrument tira� til�d iil this
officz for record �n: 01 / 12/20U6 4:� 1:OU P1�1
Fees �Taxes Iti the Ain�unt of: $�6.00
MAUKEEN J. DEVINE
Anoka County Property Tax
.�drxlinistratol-iReeord�rlRegistrar of Titl�s
SLZ, Deputy
Record ID: 1648226
0