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ZOA99-02 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Rezoning Zoning Text Amendment PROPERTY INFORMATION: - site plan cequired for submittal, see attached Address: 7y(( t4 ,�Ve-✓s iALV Property Identification Number: Legal Description: Lot Block Tract/Addition Current Zoning: --Z- Square footage/acreage: Requested Zoping: 77"-3 Reason for Rezoning: Or; Section of Zoning Code to be hanged: (Attach requested language) Reason for Change: Have you operated a business in a city which required a business license? Yes No If If Yes, what type o usiness? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: DL- C Y ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: PETITIONER INFOIBMATION NAME: L TY o i-- ADDRESS: =ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: FEES �G Fee: $500.00 Rezoning $300.00 Zoning Text Amendment Application Number: ZirfOOrW-0ZReceipt* Received By: Scheduled Planning Commission Date: 31121f Scheduled City Council Date: 10 Day Application Complete Notification Date: 60 Day Date: _J m a� J C � N cu Y ], cu cu 0 C N w` O �/' O � (O U) O v I a n O Q H 0 N ' .N ♦ V C C CDWCD cl TT a) UO UC0 fII CN OE O O ico E 0GcN Q 2 c Q L w a C) " .0 U CO O N C n C:) = N O LO �- N O C .5 oJ a) j C: O 0 N ■ 0 c cn JL.�I V0 N C C ■ �� T— U .N O N , ' € L c co ------------- N E v 4) a) LL U C' N O Q OD O C > 'C N Q N U E 0 N N N N c E W N N ■ �� cu O O O C ... C Q L j_ �■ C) 'C O i1 O U C •; Q C O C N T— O C CD `'- E .2 cB N fn N O .c c0 E U cfl 2 U Z M M p N p O O fl _ � » Ja � N Uto Q o co vC> O t Q ■ CU Q m 65 o v C) 0 ccus CLCCU >+ p C Qp U � co 76 O ------------- 0 'c cfl _0 'a m :3 a ca '3 t) Q � REZONING AND ZONING TEXT AMENDMENT APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Planning Commission. Applications will not be accepted if the following is not submitted: REZONING: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Scaled site plan of property showing north arrow, existing and proposed structures, lot and block number, adjacent street names, and buildings on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of materials. Landscape plan for all projects requiring a parking lot expansion of four (4) or mores aces. Grading and drainage plan. Erosion control plan. Calculations for stormwater runoff: a. undeveloped condition b. existing condition c. proposed condition Calculations for excavation and/or fill. Utility Map: (If item is nonexistent, note on plan) Water: size and type of a. existing mains b. existing services c. proposed services d. hydrants e. valves f. fire services Sewer: size and type of a. existing mains ' b. existing services c. proposed services ti t REZONING AND ZONING TEXT AMENDMENT APPLICATION SUBMISSION CHECKLIST, PAGE 2 ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS d. manholes and lampholes e. elevations (inverts and top of castings) Storm: size and type of a. existing mains b. existing services c. proposed services d. manholes and lampholes e. elevations (inverst and top of castings) f. existing catch basins proposed catch basins ZONING TEXT AMENDMENT ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS/DATE Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) Proposed language for text change. Narrative describing and supporting reasons for change. Items are required to be submitted in three (3) full-size copies, with one (1) 8 '/" x 11" reduction. The City reserves the right, based on a case by case analysis, to waive any of the above requirements. r REZONING PROCESS «` Purpose: A rezoning request allows a property owner or the City to change the zoning designation on property located within the City's aaaaav:a• boundaries. Changing the zoning designation changes the K' M permitted, accessory, and special uses allowed on property. A evezoning text amendment changes the language within one or «T,K several zoning districts, changing the performance standards for ..> '7K . {� uses. The Rezoning process begins by filling out a REZONING APPLICATION. This, with a site plan, and other appropriate drawings, must be submitted to the Planning staff. A fee is required with the application; $500 for all applications. Fees are non-refundable and are used for postage, publication of notices, and other expenses associated with the request. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are discussed, and stipulations are developed for recommendation to the City Council. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers u1 the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all rezoning requests. The City Council will conduct a separate hearing for all rezoning requests. The notice for the Planning Commission Public Hearing will include the date of the City Council Public Hearing. A rezoning is approved by adopting an ordinance. Additional information regarding the Rezoning Process may be obtained by calling the City of Fridley Planning Department at 572-3599 or 572-3593. 30 � �.li/�l fi.. 'f'� i" !J i_ •� � 63:5-:[y+f n�� *:y .£. J { �:>y,,;,�.��,� E��9�nccr•_s Surveyors �✓f�; i� ti.��„`.� .'.= t v.F C,`;;..; �� '' �' 'ilG C hi O'.VELCP'I,fE T CG. N `I . 1 • Lf L�\ ° � � r�r I Sl� — ti r u UEe�oZ Gc, Z120N --- - -. - L)C`-Nr;I F_ ul'+t-�l�t ._ _,�,n��.�%.C,E Ft�•�F.e�..E.r�� 1. ELFVF'flGPO��_D Z, F IF�iT i l_GUf� P,-T I -r0 T_•� 7..$ ` LFT l.F.nVi- G�?O�)?�fi e_Lt'J.`a t :•:eS T..O -_C LUC1U��Y �ti ':i u'r'.�r �•,,i 4.,� :S O f�_ ."•�C'Q�� =ir -:�' .. �.� r_rr; 't rG _,'.:_:J yn• .'7•': � �!.•,_ �J,.._. .:.f -;-:•r 'ri I,.t�;n•..�. i'- �.. r-.SYS 5 1. A L_ I—C>c U5 010 City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, May 19, 1999, at 7:30 p.m. for the purpose of: Consideration of a Rezoning ZOA'#99- 02, by Timothy Jawor, to rezone a parcel from R-2 - Two Family zoning to R-3 - General Multiple Units zoning, legally described as Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Scott Hickok, Planning Coordinator at 612-572.3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxil- iary aids should contact Roberta Collins at 612-572-3500 no later than May 12, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION (May 6, 13, 1999) Fridley, Blaine, Columbia Heights, Hilltop, Spring LAke Park Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N. E. on Wednesday, May 19, 1999, at 7 :30 p.m. for the purpose of: Consideration of a Rezoning ZOA #99-02, by Timothy Jawor, to rezone a parcel from R-2 - Two Family zoning to R-3 - General Multiple Units zoning, legally described as Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than May 12, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: May 6, 1999 May 13, 1999 - s CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 7411 University Avenue CASE NUMBER: ZOA #99-02 APPLICANT. City of Fridley Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To rezone a parcel from R-2 —Two Family zoning to R-3 — General Multiple Units zoning. LOCATION OF 7411 University Avenue PROPERTY AND LEGAL Lot 11, Block 1, Melody Manor DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, May 19, 1999, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require Auxiliary aids should contact Roberta Collins at 572-3500 no later than May 12, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 572-3599 or Paul Bolin, Planning Assistant at 572-3593. Publish: May 6, 1999 May 13, 1999 _ (D09IS JasPl slagel ssajppd @A2l3Ab BUZZELL CRANDALL F &THERESA A MANNING BRIAN P&CHRISTINE E BUDZYNSKI TOM 11810 FOLEY BLVD NW 12603 FLINTWOOD ST NW 13455 HWY 65 NE COON RAPIDS, MN 55448 COON RAPIDS, MN 55448 HAM LAKE, MN 55304 B & D MATTHEWS INVESTMENT STEVENS BARBARA J HANSEN LYNN 1410 S FERRY ST 1949 COLLIN ST 230 RICE CREEK BLVD ANOKA, MN 55303 MORA, MN 55051 FRIDLEY, MN 55432 CPG ENTERPRISES BAYER RUDOLPH C AGARWAL JUGAL K 233 W GRANDVIEW AVE 2921 BROOKSHIRE LN 3015 12TH ST NW ROSEVILLE, MN 55113 NEW BRIGHTON, MN 55112 NEW BRIGHTON, MN 55112 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 350 75TH AVE NE 351 74TH AVE NE - 360 74TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 361 74TH AVE NE 371 74TH AVE NE 372 74TH AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT KORDIAK PROPERTY MANAGEMENT 380 74TH AVE NE 389 74TH AVE NE 3948 CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 MINNEAPOLIS, MN 55421 GRACE LUTHERAN CHURCH DUDLEY WILLIAM N HARRIS JEFFREY D & MONIQUE T 460 75TH AVE NE 4902 FRANCE AVE NO 6164 STAR LN NE FRIDLEY, MN 55432 MPLS, MN 55429 FRIDLEY, MN 55432 TANGREN ELWOOD R& BARBARA SCHREINER ANTHONY&CYNTHIA OKSNEVAD HAAKON B&JANE E 7368 SYMPHONY ST NE 7372 SYMPHONY ST NE 7378 SYMPHONY ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT HELGERSON JON & DUNN CASANDRA CURRENT RESIDENT 7385 UNIVERSITY AVE NE 7388 SYMPHONY ST NE 7396 SYMPHONY ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 7397 UNIVERSITY AVE NE 7398 SYMPHONY ST NE 7400 UNIVERSITY AVE E< FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 009IS aol aleldwal ash WlsIaays Paaj yloows CURRENTRES ENT CURRENT RESIDENT CURRENT RESIDENT 7411 UNIVE TY AVE NE 7420 UNIVERSITY AVE NE 7440 UNIVERSITY AVE NE FRIDLEY, 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT GANNON JASON M & MCLEAREN J L FORD MERLE R& DELORES S 7500 UNIVERSITY AVE NE 7501 4TH ST NE 7501 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SIEVERS LONNY P SITYPULSKI CAROL D LORENZ EMIL P & LYNDA E 7502 4TH ST NE 7502 5TH ST NE 7507 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MATTI STANLEY D &TAMMY L T ROTTELO SUSAN D 7509 4TH ST NE 7510 4TH ST NE - 7510 5TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55432 FRIDLEY, MN 55432 0-urre,7f d elW- HIME VERNON F & JEAN M WADDICK GERALD P O 7517 4TH ST NE 7517 UNIVERSITY AVE NE 7518 4TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 ABLE PROPERTY MANAGEMENT KEMPERICH RD & KATHLEEN OSTERKAMP JAMES D &JANICE G 9920 ZILLA ST NW Bad Addre PO BOX 33332 COON RAPIDS, MN 55433 7857 ALD WAY NE COON RAPIDS, MN 55433 FRIDL , M 55432 HALL, SMITH, DUSTER, FEIKEMA AND F-IASKVITZ - -� �i� �J 4� Gi•' W �:' � `ice•✓tE/(///�/fJ777T.cC/l:C/ DOUGLAS HALL WYM4N SMITH - -- - - '- - IOSO BUILDERS EXCHANGE BLDG.• MINNEAGO LIS, MINNESOTA 55402 LEONARD T.J U 5 T E R - - - 'H O N E 3 3 9-: B 1 • OFFICES IN: O S S E O, FRIDLEY HENRY M. FEIKEMA - - RONALD L. HASKVITZ JAMES R. CASSERLY June 24, 1970 _. . Mr. Homer Ankrum - - - Manager, City of- Fridley 6431 University Avenue N.E. Fridley, Minnesota 55421 Dear Homer: The Anoka County District Court case File 31410-4392 entitled --- Edward A. Chies vs. City of Fridley and Clarence Belisle came _ on-for -trial before-Judge Keyes on 4dednasday, June 24, at 10:00 a.m. As is usual , Judge Keyes had myself and the attorney for Mr. Chies come into his chambers and go over the entire matter. The facts were pretty much agreed upon. Chies bought these two lots as well as ten more from E a M Development Company. in:October of 1963. He applied for building permits on all the lots on November 15, 1963. He did build apartment structures on all of the lots except the two involved in iris lawsuit. These are namely; Lots 8 and 11 , in Block 1 , Melody Manor. He excavated for a basement on one of the lots . He did nothing on the otherg . He finished his final building of the buildings that were constructed in April of 1967. The City adopted an amendment to its zoning code that became effective about April 15, 1964, limiting the R2 Zoning to double 6-iellings . The Code required building permits to be used within -9O days or terminated. _ It was our contention-that- the- building permit that he had taken out -on -- November 15, 1963 had expired before the change in the zoning. It was Plaintiff's position that this was a confiscation of his property in that the lots have no Ieasonable use as two-family uviellings and need multiple dwellings on them. ' Judge Keyes agreed with the Plaintiff's contention. He thought that these two vacant lots �-rere buried between existing apartment buildings and that the City, both through its committee and by council action, had approved the construction of a group of apartment buildings , including these tyro lots . He suggested that I recommend to the council that the building permits be issued. The matter was continued to August 18, and at that time he will issue an order if the City has not issued the building permits. i able to make somewhat of a compromisetsito longerlwillnhaves I was agreed that the perm attorney i n that they 9 11 , but that the 6 unll its on Lot 8 and 11 units onnLgtunit build' oneLot lll .wl_I - be reduced to 4—Units—or_1_n and recommend that the council take tion authmitsifortthatunumber of units inspection department to issue- building roviding that the applicant submits the usual .other things that are P ermit a lications. _ required with building-permit PP Belisle and Nasim Qureshi appeared %Iith me in Court and Both Clarence p in good order. each of them had their docum nts and pa pers - the Court to agree that if we had an- isotha�dthe lot builddinghe - -- _ I did get same circumstances that the Court would determine ation permit had expired and that there. was orswo would entnwillnnnot caffect oany - - the property rights . I think othr property or pending applications in the City. Yours truly; - Wyman Smith - - /d9 CITY OF FRIDLEY M E M O R A N D U M TO: JOHN FLORA, DIRECTOR OF PUBLIC WORKS FROM: KAY TISCHLER ERICKSON, LEGAL INTERN DATE: MARCH 22, 1985 SUBJECT: APPROPRIATE USE FOR LOT 11, BLOCK 1, MELODY MANOR, 7411 UNIVERSITY AVENUE N.E. You requested that I give an opinion as to whether the 1970 court ruling on the above property, stating that the applicable zoning for the property was that in effect in 1963 (which allowed multi-family dwellings) , is applicable to subsequent owners or whether rezoning is necessary. I contacted the Anoka County Clerk of Court who examined the file `of Ed Chies v. The City of Fridley. On June 24, 1970, the parties to the suit stipulated that a multi-family dwelling could be built and building permits for the same were to be issued to Chies, ---hi a issa gns and successors It is my understanding that Chies and eacn •ubgequent aunhas represented to the next buyer that the applicable zoning for thero er allow P P tY ed multi-f Y anvil dwellings. �'. It is my opinion that the right to build a multi-family dwelling on this property belongs to subsequent owners based upon the stipulation agreed to in 1970. However, the best approach would probably be to rezone the property so that other landowners and developers cannot question the zoning decision. If rezoning entails a great deal of the City's time or money, or if there is known opposition to the rezoning, it would be wise to get an opinion from the City Attorney before proceeding. If I can be of further assistance on this issue, let me know. r � / lo, 1 r MEMO TO: JIM ROBINSON, CITY OF FRIDLEY FROM: GREGG V. HERRICK DATE: MARCH 29, 1988 RE: REZONING OF LOT 11, BLOCK 1, MELODY MANOR As I understand the situation, the City poses the following question: Should a variance be granted to allow an apartment complex to be developed on the above described premises, currently zoned R2, or should the City rezone the area to conform with the use to which the property is currently being put. On June 24, 1970 the City entered into an agreement with Mr. Chies in which the City of Fridley agreed to issue building permits to construct an eight unit apartment building upon the property in consideration of the withdrawal of the lawsuit. It is my understanding that the current owners of the property wish to construct an apartment complex which, while it meets R3 zoning requirements, because of its underground parking, exceeds its eight unit apartment agreement signed by Mr. Chies on June 24, 1970. Because the area in question is predominantly occupied by apartment complexes, the R3 rezoning should be carried out regardless of how many units are finally approved. It is our opinion that the agreement providing for the construction of an eight unit apartment complex can be enforced against the new owners. It is our understanding of the situation, however, that the City has informed the current owners of the property that the larger apartment complex will be allowed on this site. Assuming the zoning requirements have been met, there would be no legal problem in granting a building permit on the current proposed apartment complex. As far as the question as to who is responsible for initiating and paying for the rezoning procedure is a point which should be negotiated between the current owners and the City Council . City of Fridley Land Use Application ZOA-99-02 May 19, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: • 1994 -Proposal for 7 unit rental City of Fridley condominium project is withdrawn. Requested Action: • 1998 - Timothy Jawor proposes 7 unit Rezone property to R-3. owner occupied townhomes. Existing Zoning: Legal Description of Property: R-2 Two Family Residential Lot 11, Block 1, Melody Manor Location: Council Action: 7411 University Ave. May 24, 1999 Size: Public Utilities: 22,128 square feet .51 acres Located near property. Existing Land Use: Transportation: Vacant. Town homes will be accessed by the Surrounding Land Use &Zoning: University Avenue service road. N: Apt. Complex &R-2 Physical Characteristics: E: Church &R-1 Relatively flat, grass covered lot. S: Apt. Complex &R-2 SUMMARY OF REQUEST W: HWY 65 & C-2 Property has been zoned R-2 since the early Comprehensive Plan Conformance: 1960's. Court settlement in 1970 allowed R-3 Use of property is consistent with Plan. standards to be applied to the property. Since Zoning Ordinance Conformance: 1986 property has been labeled as R-3 on the Section 205.09.0l.A.(1) allows multiple City Zoning maps. Rezoning to R-3 would dwellings including rental and allow the proposed owner occupied townhome condominium apartments. units. Zoning History: SUMMARY OF ANALYSIS • 1961 - Melody Manor is platted City Staff recommends approval of this rezoning • 1963 - Ed Chies obtains building permit for request. 8-unit apt.,but never builds. • would allow owner occupied townhome • 1964 - City changes R-2 zoning, allowing units only duplexes. • would allow multi-family units similar to • 1970 - Ed Chies sues City to obtain his neighboring properties original building permit. Settlement reached • would meet terms of 1970 court settlement allowing R-3 standards to be applied to • would make the existing zoning on the property. property consistent with what is shown on • 1986 - Zoning maps accidentally drawn to the City's zoning maps show the property as R-3. (presumably to cover the settlement) Staff Report Prepared by: Paul Bolin • 1988 - City attorney memo stated that property should be rezoned to R-3,however, this action has never been processed. ZOA-99-02 ANALYSIS The vacant property located at 7411 University Avenue has been zoned R-2 since the early 1960's. A court settlement in 1970 allowed R-3 standards to be applied to the property, yet still the lot remains vacant. Since 1986 property has been improperly labeled as R-3 on the City Zoning maps. Rezoning the property to R-3 would be consistent with the court settlement and would be necessary to allow the proposed owner occupied townhome units. This would also allow other multi-family units built on the site, in accordance with the court settlement, to be conforming uses. The proposed project by Timothy Jawor has received a variance from the appeals commission and preliminary plat approval from the planning commission. Even if this project were not proposed, or were to fail, the property should be rezoned to R-3 as suggested by the City Attorney in 1988 (see attached memo). An R-3 zoning designation on this property would be consistent with the surrounding area, as the properties to the immediate North and South both contain 12 unit apartment buildings. Grace Lutheran Church owns the property immediately to the East and HWY 65 borders the property on the West. There are other apartment buildings and duplexes in the immediate vicinity. PROPERTY HISTORY The following sections address the zoning classification of this property and the lawsuit by a previous property owner. I have also included a brief time line of the zoning history of this property. Zoning Classification Though this property has been incorrectly displayed on the City's zoning maps since 1986, this property currently is and always has been zoned R-2. In order to correct this error, conform with the settlement of a past law suit, and allow multi-family development, the City submitted this rezoning application for the property to become a R-3 district. Chies Lawsuit In 1963, multi-family units were a permitted use in the R-2 district when Ed Chies obtained building permits for an eight unit apartment complex. In 1964, the City changed the zoning code so that multi-family units were no longer permitted in the R-2 zoning district. Seven years after obtaining the building permits, Mr. Chies was finally ready to build. His original building permits had long expired and multi-family units were no longer allowed in the R-2 zoning district. Mr. Chies filed a suit against the City to make the original building permits valid. In the settlement that followed, Mr. Chies and i the City agreed that he could build up to 8 units provided he met all the zoning requirements for the multi-family district. Historical Timeline of Zoning History & Action • 1961 - Melody Manor was platted. • 1963 - Ed Chies obtains building permit for 8-unit apt., but never builds. • 1964 - City changes R-2 zoning, allowing only single family homes & duplexes. • 1970 - Ed Chies sues City to obtain his original building permit. Settlement reached allowing R-3 standards to be applied to property. • 1986 - Zoning maps accidentally show the property as R-3. • 1988 - City attorney memo stated that property should be rezoned to R-3, however, this action has never been processed. • 1994 - Proposal for 7 unit rental condominium project, which met all code requirements, is withdrawn. • 1999 - Variance & Plat request from Timothy Jawor. Rezoning request from City. While researching the current proposal from Mr. Jawor, current City staff became aware of the mistake on the zoning map and the 1988 memo from the City attorney. Though no action was taken in the past on the rezoning of this property, current City staff is working to correct all mistakes and inconsistencies on the current zoning map. RECOMMENDATION City Staff recommends approval of this rezoning request.. In order to correct the error on the zoning map, conform with the settlement of a past law suit, and allow owner occupied townhomes, staff recommends approval of this request. FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 11 Mayor Jorgenson stated that the City has never installed speed bumps o public roadways, as they would be a problem in the winter during snowplowing. Mr. Dan Kerner, 5794 Hackmann Avenue, stated that he belie d the intersection, as proposed, would be a headache to all police officers in Fridley. Th old intersection has always been a problem, but the new intersection with the loop would b bigger problem. Ms. Julie Moore, 5753 Old Central Avenue, stat that she opposed the redevelopment of this site for all the same reasons voiced earlier by h neighbors. Mr. Hickok stated that a petition was rec 'ved at the May 24, 1999 City Council meeting, which addressed a number of issues. Fifty o residents signed the petition. Residents signed the petition for speed bumps; stop si at specific locations, and to not put in a business which would increase traffic in the nei orhood. Mr. Hickok provided information as to the number of residents signing various po ions of the petition. Ms. Thea Langseth, 109 Hackmann Circle, stated that the clientele that goes into the service station/store would be tirely different if the Holiday Store goes in than what goes in there now. One resident note that if the petition had been circulated along Hathaway Lane, or in some of the surrounding reas, there would have been a lot more signatures. With no fu er comments, there was a MOTION by Councilmember Wolfe to close the public hearing a- 0:00 p.m. Seconded by Councilmember Billings. d UPO A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON D LARED THE MOTION CARRIED UNANIMOUSLY. 15. REZONING REQUEST, ZOA #99-02, BY THE CITY OF FRIDLEY, TO REZONE A PARCEL FROM R-2, TWO FAMILY ZONING, TO R-3, GNERAL MULTIPLE UNITS ZONING GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E. (WARD 1): MOTION by Councilmember Billings to waive the reading and open the public hearing at 10:00 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Paul Bolin, Planner, stated that this rezoning request was for property located at 7411 University Avenue. The request is to change it from an R-2 District (single family and two family dwellings) to an R-3 District (single family, two family and apartment buildings, and owner occupied condominiums). Staff requested that this rezoning be approved to correct an error in the zoning maps which has existed since 1986 and incorrectly show as an R-3 district on the map. This would also help the City conform to the settlement of a lawsuit, which was FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 12 brought about by Mr. Ed Chies in 1970 and would allow for multiple family development including owner-occupied townhomes to be constructed on the site. Mr. Bolin presented a map depicting the location of the site. He provided a brief history of the property. At the June 2, 1999 Planning Commission meeting, the Planning Commission unanimously recommended approval of the proposed rezoning request. There were no question or comments from the Council or from the public. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. The public hearing was closed at 10:07 p.m. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, ACTING MAYOR BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 16. VARIANCE REQUEST, VAR #99-05, BY TIMOTHY JAWOR, TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 40 FEET TO 19.2 FEET TO ALLOW THE CONSTRUCTION F A SEVEN-UNIT TOWNHOME STRUCTURE GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E. (WARD 1)(TABLED MAY 24, 1999): Mr. Bolin, Planner, explained that the petitioner, Tim thy Jawor, was seeking a variance to decrease the rear yard setback from 40 feet to 19.2 feet to allow for the construction of a seven- unit owner-occupied townhome complex at 7411 Unive ity Avenue. Mr. Jawor was also seeking a re-plat to allow the construction of the structure. With the re-plat request, Mr. Jawor was also seeking to create eight lots, seven lots — one for each individual unit, and the eighth lot would be the remainder of the parcel. Mr. Bolin stated that City Code requires a minimum rear yard setb ck of 40 feet for a lot of this size. Mr. Bolin provided a brief history of the property. He noted that in 1994 there was a proposal for a seven-unit rental condominium project on the site. The fornier project would have complied with all of the setback requirements; however the former projecfwas withdrawn. Most recently, the City received a variance and replat request from Mr. Jawor for the current proposal. Mr. Bolin stated that the petitioner indicated in the hardship statement that a more rectangular lot of similar square footage would have been desirable for a townhouse project like this. However, the petitioner felt that he has adapted and designed an attractive building that would nicely fit this apartment-type lot and at the same time would meet the needs and desires of both the City and the housing market. Mr. Bolin presented a diagram of the site showing where the code required setback of 40 feet would be. He noted that the current setback requirements would not allow the petitioner to get FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PACA 17 DECLARED THE MOTION CARRIED AND VARINACE REQUEST 9-0-5 WAS DENIED. 17. PLAT REQUEST, P.S. #99-02 BY TIMOTHY JAWOR T CREATE EIGHT SEPARATE LOTS IN ORDER TO CONSTRUCT A SEVE -UNIT TOWNHOME STRUCTURE GENERALLY LOCATED AT 7411 UNI RSITY AVENUE N.E. WARD 1)(TABLED MAY 24, 1999) : MOTION by Councilmember Billings to dst, P.S. #99-02. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, THREE MEMYE AND TWO MEMBERS VOTING NAY (COUNCILMEMBERAND WOLFE), MAYOR JORGENSON DECLARED THE MOTLAT REQUEST P.S. #99-02 DENIED). 6. APPROVE LEASE BETWEENFRIDLEY AND LYNDALE TERMINAL COMPANY FOR 7fIE FRIDLEY LIQUOR WAREHOUSE STORE WARD 3): Mayor Jorgenson stated that on any even Friday or Saturday evening she has witnessed up to 45 vehicles parked in the lot that wou be part of the space leased for the Fridley Liquor Store. She believed the vehicles are from ttle Company customers. She wondered if there was a parking agreement between Cattle C pany and Lyndale Terminal Company for that section of the parking lot. Mr. Holscher stated th he believed there was a cross parking agreement. Concern was expressed by Council mbers as to how this could affect the parking for patrons of the Fridley Liquor Store. MOTION by Co cilmember Bolkcom to table action on the lease agreement between the City of Fridley and yndale Terminal Company for the Fridley Liquor Warehouse Store until the June 28, 1999 ity Council Meeting to allow staff to obtain additional information. Seconded by Councilme er Barnette. UPON VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECL D THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 18. 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#99-02, BY THE CITY OF FRIDLEY, FRIDLEY CITY COUNCIL NIEETING OF JUNE 14 1999 PAGE 18 FOR PROPERTY GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.UWARD 1): MOTION by Councilmember Billings to Approve the 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#99-02, by the City of Fridley, for Property Generally Located at 7411 University Avenue N.E.). Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. APPROVE SPECIAL USE PERMIT, SP #99-01, BY HOLIDAY COMPANIES, AN DTERNIINATE PREVIOU§LY GRANTED SPECIAL USE PERMIT SP #75-28 FOR MOTOR FUEL SALES GENERALLY LOCATED AT 5695 HACKMANN AVENUE (WARD 2): MOTION by Councilmember Wolfe to d y Special Use Permit, SP #99-01, by Holiday Companies. Seconded by Councilmember Bill' gs. Councilmember Wolfe stated that he believed was apparent that this was not what the neighborhood wants for the area. He believed t t if the petition were distributed further evidence would have shown that there would have be even more opposed to the development than those present at the meetings. As a Councilmembe he felt it was his obligation to back his constituents. Therefore, he was voting to deny the special se permit request. Mayor Jorgenson stated that she agreed with the neighbors that there are some traffic issues which may be partially due to the configuration of the intersec 'on. However, the engineers did the best that they could with what they had to work with. She ew what the neighbors wanted for the site, but she also realized that a project could not be denied or those reasons. Therefore, as difficult as it was for her, she would not be voting in favor of Cou cilmember Wolfe's motion to deny this special use permit. Councilmember Billings stated that if Council were merely looking at a onvenience store for this site, no special use permit would be required at all. The special use pe it was for the motor fueling. The number of pumps was not increasing from what was already the e. He did not feel that the total number of vehicle trips, 84 per day entering and exiting, was sub antial enough of an increase to be a burden. The petitioner was entitled to reasonable use of th property. As much as Council would like to consider the emotional impact that it may have on the neighborhood, it was not something that the law allows them to do. UPON A VOICE VOTE, ONE MEMBER VOTING AYE (WOLFE) AN FOUR MEMBERS VOTING NAY, MAYOR JORGENSON DECLARED THE M TION FAILED. MOTION by Councilmember Billings to approve Special Use Permit, SP #99-01, for Motor F 1 Sales by Holiday Companies with the following stipulations: 1) The soils on the property will b FRIDLEY CITY COUNCIL MINTUTES OF JUNE 28 1999 PAGE 2 APPROVAL OF PROPO ED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1129 TO A:NIEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #99-02, BY THE CITY OF FRIDLEY, FOR PROPERTY GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.) (WARD 1) Mr. Burns, City Manager, explained that the property has been zoned R-2 since the early 1960's. A court settlement in 1970 allowed R-3 standards to be applied. This legislation was essentially a housekeeping item designed to bring the actual zoning into compliance with the requirements of the court. Staff recommended Council's approval of the second and final reading of this legislation. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1129 AND ORDERED PUBLICATION. NEW BUSINESS: 2. RESOLUTION NO 41-1999 REQUESTING EXTENSION OF THE DUE DATE TO DECEMBER 31 1999 FOR REVIEW OF THE CITY OF FRIDLEY'S COMPRE SIVE PLAN FOR CONSISTENCY WITH AMENDED T-VIETROPOLItAN COUNCIL POLICY PLANS: Mr. Burns, City M er, explained that this resolution asks the Metropolitan Council to give us until the end 1999 to submit our Comprehensive Plan amendments. Staff recommended Council's a roval. ADOPTED RESOLUTION . 41-1999. 3. RESOLUTION NO. 42-1999 WROVING AN ABATEMENT OF A SPECIAL ASSESSMENT FOR LANCE AN16,TONJA KONZE 6775 EAST RIVER ROAD (WARD 3) Mr. Burns, City Manager, explained that thi resolution would approve an abatement of a special assessment for Lance and Tonja Konz On October 28,1996, the City assessed the property at 6775 East River Road for costs sociated with construction of the Locke Lake Dam. Mr. Konze paid the balance of the a essment on February 12, 1997. The City inadvertently assigned the payment to the inco ect parcel number when reporting it to the County. The resolution abates the taxes and enables the Konzes to get a refund for THE MINUTES OF THE REGULAR NIEETING OF THE FRIDLEY CITY COUNCIL OF ALINE 28, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor J enson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegi a to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilme er Barnette, Councilmember Billings, Councilmember Wo e, and Councilmember Bolkcom MEMBERS ABSENT: None PRESENTATION: Introduction of Students from Fourmi France Mayor Jorgenson introduced Ms. Di e Ferry, Fridley High School French teacher and coordinator for seventeen students visi ' g from Fridley's Sister City, Fourmies, France. Mayor Jorgenson also introduced Mr. Mich Marteau, Fourmies' coordinator. Ms. Ferry explained how the gr up was celebrating the 2W' year anniversary of the two cities being Sister Cities. Mr. Marte was also visiting on behalf of a student exchange program. Ms. Ferry introduced each dent as Mr. George Arnold, VFW Commander, presented a gift to each student. Ms. Ferry also introd ed the host families for each of the students. Mr. Marteau expr sed his thanks and gratitude toward the City of Fridley for the opportunity of the student exch ge program. Mayor Jorge on thanked all students and families for participating in the program and for attending th meeting. APPRO AL OF MINUTES: City Council Meeting Minutes of June 14, 1999 Th minutes of the City Council meeting of June 14,1999 were not available in writing for a roval. bib. — roc u - N - � �9cIq .J(j) 9) City of Fridley ORDINANCE NO.1129 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 11,Block 1,Melody Manor,as record- ed at the office of the Anoka County Recorder, generally located at 7411 University Avenue. SECTION 3. That the Zoning Administrator is directed to change the offi- cial zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF JUNE,1999. NANCY J.JORGENSON-MAYOR ATTEST: DEBRA A.SKOGEN-CITY CLERK Public Hearing: June 14,1999 First Reading: June 14,1999 Second Reading: June 28,1999 (July 8, 1999) Fridley, Columbia Heights, Hilltop Focus News I 114976 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Rezoning, ZOA#99-02 Owner: City of Fridley The above entitled matter came before the City Council of the City of Fridley and was heard on the 14`h day of June, 1999, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To rezone from an R-2 District (single family and two family dwellings) to an R-3 District (single family, two family and apartment buildings, and owner occupied condominiums), legally described as Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. 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 June 14, 1999. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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_ —, 1967� . DRAFTED BY: "fink City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City CI SEAL FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 EAGE 11 Mayor Jorgenson stated that the City has never installed speed bumps o public roadways, as they would be a problem in the winter during snowplowing. Mr. Dan Kemer, 5794 Hackmann Avenue, stated that he belie d the intersection, as proposed, would be a headache to all police officers in Fridley. Th old intersection has always been a problem, but the new intersection with the loop would b bigger problem. Ms. Julie Moore, 5753 Old Central Avenue, stat that she opposed the redevelopment of this site for all the same reasons voiced earlier by h neighbors. Mr. Hickok stated that a petition was rec 'ved at the May 24, 1999 City Council meeting, which addressed a number of issues. Fifty o residents signed the petition. Residents signed the petition for speed bumps; stop si at specific locations, and to not put in a business which would increase traffic in the nein orhood. Mr. Hickok provided information as to the number of residents signing various po ions of the petition. Ms. Thea Langseth, 109 Hackmann Circle, stated that the clientele that goes into the service station/store would be tirely different if the Holiday Store goes in than what goes in there now. One resident note that if the petition had been circulated along Hathaway Lane, or in some of the surrounding reas, there would have been a lot more signatures. With no fu er comments, there was a MOTION by Councilmember Wolfe to close the public hearing a 0:00 p.m. Seconded by Councilmember Billings. UPO A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON D LARED THE MOTION CARRIED UNAiNIMOUSLY. 15. REZONING REQUEST, ZOA #99-02, BY THE CITY OF FRIDLEY, TO REZONE A PARCEL FROM R-2, TWO FAMILY ZONING, TO R-3, GNERAL MULTIPLE UNITS ZONING GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E. (WARD 1): MOTION by Councilmember Billings to waive the reading and open the public hearing at 10:00 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Paul Bolin, Planner, stated that this rezoning request was for property located at 7411 University Avenue. The request is to change it from an R-2 District (single family and two family dwellings) to an R-3 District (single family, two family and apartment buildings, and owner occupied condominiums). Staff requested that this rezoning be approved to correct an error in the zoning maps which has existed since 1986 and incorrectly show as an R-3 district on the map. This would also help the City conform to the settlement of a lawsuit, which was FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAGE 12 brought about by Mr. Ed Chies in 1970 and would allow for multiple family development including owner-occupied townhomes to be constructed on the site. Mr. Bolin presented a map depicting the location of the site. He provided a brief history of the property. At the June 2, 1999 Planning Commission meeting, the Planning Commission unanimously recommended approval of the proposed rezoning request. There were no question or comments from the Council or from the public. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. The public hearing was closed at 10:07 p.m. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, ACTING MAYOR BARNETTE DECLARED THE MOTION CARRIED UNAiNIMOUSLY. OLD BUSINESS: 16. VARIANCE REQUEST, VAR #99-05, BY TIMOTHY JAWOR, TO REDUCE THE REOUIRED REAR YARD SETBACK FROM 40 FEET TO 19.2 FEET TO ALLOW THE CONSTRUCTION 'OF A SEVEN-UNIT TOWNHOME STRUCTURE GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E. (WARD 1)(TABLED MAY 24, 1999): Mr. Bolin, Planner, explained that the petitioner, Tim thy Jawor, was seeking a variance to decrease the rear yard setback from 40 feet to 19.2 feet to allow for the construction of a seven- unit owner-occupied townhome complex at 7411 Unive ity Avenue. Mr. Jawor was also seeking a re-plat to allow the construction of the structure. With the re-plat request, Mr. Jawor was also seeking to create eight lots, seven lots — one for each individual unit, and the eighth lot would be the remainder of the parcel. Mr. Bolin stated that City Code requires a minimum rear yard set b ck of 40 feet for a lot of this size. Mr. Bolin provided a brief history of the property. He noted that in 1 94 there was a proposal for a seven-unit rental condominium project on the site. The fo r project would have complied with all of the setback requirements; however the former project was withdrawn. Most recently, the City received a variance and replat request from Mr. Jawor for the current proposal. Mr. Bolin stated that the petitioner indicated in the hardship statement that a more rectangular lot of similar square footage would have been desirable for a townhouse project like this. However, the petitioner felt that he has adapted and designed an attractive building that would nicely fit this apartment-type lot and at the same time would meet the needs and desires ohoth the City and the housing market. Mr. Bolin presented a diagram of the site showing where the code required setbac�'of 40 feet would be. He noted that the current setback requirements would not allow the petitioner to get l FRIDLEY CITY COUNCIL MEETING OF JUNE 14 1999 PAG1k 17 DECLARED THE MOTION CARRIED AND VARINACE REQUEST 9-0-5 WAS DENIED. 17. PLAT REQUEST, P.S. #99-02 BY TIMOTHY JAWOR T CREATE EIGHT SEPARATE LOTS IN ORDER TO CONSTRUCT A SEVE -UNIT TOWNHOME STRUCTURE GENERALLY LOCATED AT 7411 UNIVXRSITY AVENUE N.E. (WARD 1)(TABLED MAY 24, 1999) : MOTION by Councilmember Billings to dest, P.S. #99-02. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, THREE MEMYE AND TWO MEMBERS VOTING NAY (COUNCILMEMBERAND WOLFE), MAYOR JORGENSON DECLARED THE MOTLAT REQUEST P.S. #99-02 DENIED). 6. APPROVE LEASE BETWEENFRIDLEY AND LYNDALE TERMINAL COMPANY FOR 7ftE FRIDLEY LIQUOR WAREHOUSE STORE (WARD 3): Mayor Jorgenson stated that on any even Friday or Saturday evening she has witnessed up to 45 vehicles parked in the lot that wou be part of the space leased for the Fridley Liquor Store. She believed the vehicles are from the Company customers. She wondered if there was a parking agreement between Cattle C pany and Lyndale Terminal Company for that section of the parking lot. Mr. Holscher stated th he believed there was a cross parking agreement. Concern was expressed by Council mbers as to how this could affect the parking for patrons of the Fridley Liquor Store. MOTION by Co cilmember Bolkcom to table action on the lease agreement between the City of Fridley and yndale Terminal Company for the Fridley Liquor Warehouse Store until the June 28, 1999 ity Council Meeting to allow staff to obtain additional information. Seconded by Councilme er Barnette. UPON VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECL D THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 18. 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#99-02, BY THE CITY OF FRIDLEY, FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PAGE 18 FOR PROPERTY GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.)(WARD 1): MOTION by Councilmember Billings to Approve the 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#99-02, by the City of Fridley, for Property Generally Located at 7411 University Avenue N.E.). Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. APPROVE SPECIAL USE PERMIT, SP #99-01, BY HOLIDAY COMPANIES, AN DTERMINATE PREVIOU§LY GRANTED SPECIAL USE PERMIT SP #75-28 FOR MOTOR FUEL SALES GENERALLY LOCATED AT 5695 HACKMANN AVENUE (WARD 2): MOTION by Councilmember Wolfe to d y Special Use Permit, SP 499-01, by Holiday Companies. Seconded by Councilmember Bil ' gs. Councilmember Wolfe stated that he believed was apparent that this was not what the neighborhood wants for the area. He believed t t if the petition were distributed further evidence would have shown that there would have be even more opposed to the development than those present at the meetings. As a Councilmembe he felt it was his obligation to back his constituents. Therefore, he was voting to deny the special se permit request. Mayor Jorgenson stated that she agreed with the neighbors that there are some traffic issues which may be partially due to the configuration of the intersec 'on. However, the engineers did the best that they could with what they had to work with. She ew what the neighbors wanted for the site, but she also realized that a project could not be denied or those reasons. Therefore, as difficult as it was for her, she would not be voting in favor of Cou cilmember Wolfe's motion to deny this special use permit. Councilmember Billings stated that if Council were merely looking at a onvenience store for this site, no special use permit would be required at all. The special use pe it was for the motor fueling. The number of pumps was not increasing from what was already the e. He did not feel that the total number of vehicle trips, 84 per day entering and exiting, was sub antial enough of an increase to be a burden. The petitioner was entitled to reasonable use of th property. As much as Council would like to consider the emotional impact that it may have on the neighborhood, it was not something that the law allows them to do. UPON A VOICE VOTE, ONE MEMBER VOTING AYE (WOLFE) AN FOUR MEMBERS VOTING NAY, MAYOR JORGENSON DECLARED THE M TION FAILED. MOTION by Councilmember Billings to approve Special Use Permit, SP #99-01, for Motor F 1 Sales by Holiday Companies with the following stipulations: 1) The soils on the property will b FRIDLEY CITY COUNCIL MINUTES OF JUNE 28 1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1129 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #99-02, BY THE CITY OF FRIDLEY, FOR PROPERTY GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE N.E.) (WARD 1) Mr. Burns, City Manager, explained that the property has been zoned R-2 since the early 1960's. A court settlement in 1970 allowed R-3 standards to be applied. This legislation was essentially a housekeeping item designed to bring the actual zoning into compliance with the requirements of the court. Staff recommended Council's approval of the second and final reading of this legislation. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1129 AND ORDERED PUBLICATION. NEW BUSINESS: 2. RESOLUTION NO 41-1999 REQUESTING EXTENSION OF THE DUE DATE TO DECEMBER 31, 1999, FOR REVIEW OF THE CITY OF FRIDLEY'S COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS: Mr. Burns, City M er, explained that this resolution asks the Metropolitan Council to give us until the end 1999 to submit our Comprehensive Plan amendments. Staff recommended Council's a roval. ADOPTED RESOLUTION . 41-1999. 3. RESOLUTION NO. 42-1999 ROVING AN ABATEMENT OF A SPECIAL ASSESSMENT FOR LANCE ANb,TONJA KONZE 6775 EAST RIVER ROAD (WARD 3) Mr. Burns, City Manager, explained th\thiresolution would approve an abatement of a special assessment for Lance and TonjOn October 28,1996, the City assessed the property at 6775 East River Road fociated with construction of the Locke Lake Dam. Mr. Konze paid the balance of the assessment on February 12, 1997. The City inadvertently assigned the payment to the incorrect parcel number when reporting it to the County. The resolution abates the taxes and enables the Konzes to get a refund for THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 28, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor J enson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegi e to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilme er Barnette, Councilmember Billings, Councilmember Wo e, and Councilmember Bolkcon MEMBERS ABSENT: None PRESENTATION: Introduction of Students from Fourmi France Mayor Jorgenson introduced Ms. Dia e Ferry, Fridley High School French teacher and coordinator for seventeen students visi ' g from Fridley's Sister City, Fourmies, France. Mayor Jorgenson also introduced Mr. Mich Marteau, Fourmies' coordinator. Ms. Ferry explained how the gr up was celebrating the 20`h year anniversary of the two cities being Sister Cities. Mr. Marte was also visiting on behalf of a student exchange program. Ms. Ferry introduced each ident as Mr. George Arnold, VFW Commander., presented a gift to each student. Ms. Ferry also introd ed the host families for each of the students. Mr. Marteau expr sed his thanks and gratitude toward the City of Fridley for the opportunity of the student exch ge program. Mayor Jorge on thanked all students and families for participating in the program and for attending th meeting. APPRO AL OF MINUTES: City Council Meeting Minutes of June 14, 1999 Th minutes of the City Council meeting of June 14,1999 were not available in writing br a roval. R Y . ORDINANCE NO. 1129 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 11, Block 1,Melody Manor, as recorded at the office of the Anoka County Recorder, generally located at 7411 University Avenue. 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-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF JUNE, 1999. CY . E ON-MAYOR ATTEST: DEBRA A."skKOGE?C412Tk—/CLERK Public Hearing: June 14, 1999 First Reading: June 14, 1999 Second Reading: June 28, 1999 Publication: July 8, 1999 r r Q�J ABSTRACT Receipt# U `10 de5" ❑ Certified Copy Date Mailed Date/Time: (2 /1 DOCUMENT NO. 1449700 . 0 ABSTRACT ' ❑ Tax Liens/Releases Doc.Order�_of ❑ Multi-Co Doc Tax Pd AN O KA COUNTY MINNESOTA ./by: Pins: 1/-1, 1 HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability/Delgs: _ ❑ Transfer ❑ FOR RECORD ON AUG 12 1999 New Desc. 5 : 00 PM ATAND WAS DULY RECORDED. Filing Fees: ❑ Division ❑ GAC FEES AND TAXES IN THE AMOUNT OF $19 . 50 PAID. Well Certificate ❑ Status ❑ Def.Spec RECEIPT NO. 1999089041 Received this Date: EDWARD M.TRESKA Anoka County Recorder ❑ Other No Change ANOKACOUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Notes: BY RP DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES 44