REZONING-ANOKA CO FILING0
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
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In the Matter of: A Rezoning, ZOA #05-04
Owner: Raymond J. Rucinski and Doris Rucinski
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Record ID 1648229
1981263. 023
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 22, Block 1,
River Edge Addition, subject to easement of record, generally located at 124 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 a�'� day of ��..� , 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
pRDINANCE 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 arda.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:
lOQ River Ed�e Wav
Lot 28, Block 1, River Edge Addition, subject to easement of record
104 River Ed�e Wav
Lot 27, Block 1, River Edge Addition, subject to easement of record
108 River EdQe Wav
Lot 26, Block 1, River Edge Addition, subject to easement of record
112 River Ed�e 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, subj ect to easement of record
120 River Ed�e Wav
Lot 23, Block 1, River Edge Addition, subject to easement of record
124 River Edte Wav
Lot 22, Block 1, River Edge Addition, subject to easement of record
128 Rivers Ed,.ge Wav
Lot 21, Block 1, River EdgeAddition, subject to easement of record
132 River Ed�e Wav
Lot 20, Block 1, River Edge Addition, subject to easement of record
Is hereby designaxed to be in the Zoned District R-1 (Single Family).
SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said
tract or area to be rezoned from Zoned District R-3 (General Multiple Units) to R-1
(Single Family).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12� DAY
OF DECEMBER, 2005.
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ATTEST:
J�e.
DEBRA A. SKOGEN — CLERK
Public Hearing: November 21, 2005
First Reading: December 5, 2005
Second Reading: December 12, 2005
Publication: Decexnber 22, 2005
SCOTT J. UN — MAYOR
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FRIDLEY CITY COUNCIL MEETING OF DECEMSER 12, 2005 PAGE 2
OLD BUSINESS:
1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #OS-
04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1,
Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 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 NU.
1219 ON SECOND READING AND ORDERED PUBLICATION.
2. Egtension of
Generally Lc
2).
�ary Piat Request, PS #Q3-18, by Town Center Development,
1282 Mississippi Street and 6490 Centrat Avenue N.E. (Ward
Dr. Burns, City Manager, stat the preliminary plat for a 54-unit senior condominium project
was approved on January 5, 200 . The developer needed a six-month extension of his plat to
resolve legal issues regarding the wnership of the land located at 1282 Mississippi Street and
6490 Central Avenue N.E. While e legal issues have been resolved in the d.eveloper's favor,
he receive the signed mylars from An ka County in time for tonight's meeting. They expect the
final plat for this project to come bef e Council at its January 9 meeting. Staff recommends
Council's approval of an additional six- onth extension.
APPROVED.
3. Approve Comprehensive Sign Plan r Creekside Froperties, Generally Located at
7101 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, sta.ted Karen Sorenson, wner of Creekside Properties, is requesting
Council's approval o£ 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 —
53`d Avenue NE, Fridley, MN (Target Corporation) (Wa�-d 1).
Dr. Burns, City Manager, sta.ted this is a subdivision for the prop ed Super Target that was
approved on June 27, 2005. The subdivision of this property allows r the freestanding Petco
store. Staff recommends Council's approva.l.
FRIDLEY CITY COUNCIL NIEETING OF DECEMBER 5, 2005_ _ PAGE 2
WATVED THE READING ADOPTED ORDINANCE 1215 ON SECOND READING
AND ORDERED PUBLIC ION.
3. 5econd Reading an Ordinance Under Section 12.06 of the City Charter Declaring
Certain Real tate to be Surplus and Authorizing the Sale Thereof, Generally
Locaied at EI Street and Liberty Street (Ward 3).
WAIVED THE �ADING AND ADOPTED ORDINANCE NO. 1216 ON SECOND
READING AND RDERED PUBLICATION.
4.
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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 ng Text Amendment ZTA #OS-03, by the City of Fridley).
E THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
G AND ORDERED PUBLICATION.
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Receive the Minutes from the Planniag Commission Meeting of November 16, 2045.
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, Mu1ti-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' Parcels of Land with Kent L. Craft and Kathleen M. Craft, Generally
Located at en Creek Road and Logan Parkway (Ward 3).
William Burns, stated e City is trading Tract B for an easement that is part of the Crafts'
property. Staff recommen Council's approval.
ADOPTED RESOLUTION N'Q. 2005-71.
$. Resolution of the City of F' ley, Minnesota, Approving the Transfer and Egchange
of Certain Parcels of Land w Peter J. Kadlec and Richard G. Kadlec, Generally
Located at Ely Street and Libe Street (Ward 3).
William Burns, stated the City proposes to
recomxnends Council's approval.
Tract A for a right-of-way easement. Staff
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Dave Perkins Contracting, Tnc.
14230 Basalt Street N.W.
Ramsey, MN 55303
71 '/2 Avenue Street rovement
Project No. ST. 2005 3
Estimate No. 1 ...... ... ...............................$ 51,15750
Councilmember Bolkcom req sted that Items 2 and 5 be removed ana placed on the regular
agenda.. �
MOTION by Councilmem er Barnette to approve the consent agenda as presented with the
remova.l of Items2 and 5. econded by Councilmember Wolfe.
UPON A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED NANTMOUSLY.
ADOPTIUN OF T AGENDA:
MOTION by Co cilmember Bolkcom to approve the agend.a with the addition of Items 2
and 5. Seconded y Councilrnember Billings.
UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION C D UNA,NIMOUSLY.
OPEN F0� (VISITORS):
Donald E�Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle
Company pazking Iot. He has seen peopie sleeping in their cars.
Mr. A ott, Public Safety Director, sta.ted for the most part the property azound the Cattle
Comp y would be considered private property. He told Mr. Anderson if he saw someone
sleep' g in a car in the parking lot to ca11 911 and an officer would be called aut 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
#OS-04, by Feter Borman ta Rezone Muttiple Properties from R 3, Mu1ti-Famity, to
R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and
132 (River Edge Way) (Ward 3).
MOTION by Gouncilmember 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, 20d5 PAGE 6
UPON A�OICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:52 P.M.
Julie Jones, Planzung Coordinator, said the petitioner is Peter Borman who lives at 120 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-Famil , to R-
l, Single Fa.mily. The petitioner has cantacted a11 of the above property owners regard g the
rezoning request and the City has received signatures from all of them. All of the pr perties
requesting to be rezoned were developed as single-family homes between the years o 1957
through 1961. They are all zoned R-3, Multi-Family and have been since the City's first oning
map dating back to 1958. The 1958 zoning map shows an R-3, Multi-Family, oni.ng
designation starting �t the south edge of River Edge Way (d 1 St Way} and extending all the ay to
Intersta.te 694. Somgtime between 1958 and 1962, the school district purchased the land s uth of
the subject prapertie�, which resulted in a change of zoning from R-3, Multi-Family, to P, ublic.
As a result of the sahool property bein.g rezoned ta Public, a strip of R-3, Multi-Famil land
remaans as a remnant of what was once a very lazge R-3 zoned property. The petitioner d his
neighbors would like to see the current zoning changed to reflect tlie current land use, w'ch is
single family.
Ms. Jones said that u�hile single-family homes axe a permitted use in the R-3 zoning di trict,
changi.ng the zoning to the land's current use will allow the single-family neighborho d to
rema.in the same as it xists today. The law gives the City the authority to rezone properiy om
one designated use to another, as long as the zoning is in conformance witbi the Comprehe ive
Plan. The Comprehenlsive Plan's current land use map and 2020 future la.nd use map desi tes
this area as "Single Family." Rezaning these properties from R-3, Multi-Faini.ly to R-1, S gle
Faxnily is consistent with the Comprehensive Plan and will promate preservation and
reinvestment of the ea�isting si.ngle-£amily neighborhood. The Planning Commission he d a
public hearing on this' item on November 2, 2005, and unaiimously recommended appr val.
Staff recommends Cou�cil's approva,l.
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Councilmember Bolk om asked if staff could have brought this before CounciL
Ms. Jones replied staff could have done tha.t, but did not really see a problem. The petiti ner
chose to bring it forward.
Councilmember Bolkc�m asked if a fee was involved.
Ms. Jones replied ther is a fee involved. Since single-family is a pernv.tted use in the -3
zoning district, staff doe not typically go out and change that zoning.
Councilmember Bolkcopm asked what the fee was.
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Mayor Lund said it was'� 1,500.
Keith Olson, 112 River ge Way, said at the Planning Commission meeting he asked if e
City would be willing to aive the fee if there were any unusual circumstances.
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FRIDLEI' CITY COUNCIL MEETING O� 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 anything similar to
this.
Scott Hickock, Comxnunity Development Dixector, 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 �lie record that Council did take the approach at the
time the Comprehensive Plan was adopted that 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 stated just to be clear on the record, he believed there times when they have waived
the fee.
Mr. Hickok stated Council has the ability to waive the fee at its discretion.
MOTION by Councilmember Bolkcom to close the public hearing. Secanded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
PUBLIC HEARING CLOSED AT 8:10 P.M.
12. Consideration o` an Ordinance Creating Chapter 205.32, 4-7, of the Fridley City
Code Pertainin.g�o Shoreland Overlay District.
MOTION by Councilmem r Barnette to waive the reading of the public hearing notice and
open the public hearing. Seco ed. by Councilmember Bolkcom.
UPON A VOICE VOTE, VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED A 8:12 P.M.
Ms. Jones, Planning Coordinator, sai
Fridley. Fridley needs to bring shoreli
mandate that was passed many years a
overdevelopment. Even though Fridley
are still required to do.
text amendment is for a Shoreland Overlay District in
building requirements into conformity with the Sta.te
� which was designed to pzotect public waters from
�, a fiilly-developed community, this is something we
Ms. Jones sta.ted in 1988, Fridley's staff gan drafting a shoreland overlay ordinance in
preparation for a 1991 DNR mandate. Debate over details of the ordinance continued through
the early 90's. Staff requested flexibility fro the State standazd to only include first-tier
properties. There was an issue about the DNR w ting us to include property within 1,000 feet
of fihe first and second tier properties. Council w very concerned about creating many non-
conforming properties by doing that, and the ordinan e was shelved after some debate. Lack of a
shoreline ardinance is a concern again, and staff has een warned that they need to adopt one
,�NC)I�A COUNT�" MINNESOT'A
Uoc�iment No.: 1981263.023 ABSTRACT
I he�re�by� ��rtify that the within iustrurnent �vas filed iii this
of�"ice for record on: Oli 12I20U6 4:01:00 PM
Fees,�Taxes In the �iount of: $46.�0
MAUREEN J. DEVINE
Anoka County Property Tax
Administrator�Recorder/Registrar 'pf Titles
SLZ, Deputy '�
RecordID: 164�229