05/09/2005 - 6078F
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FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF MAY 9, 2005
7:30 p.m. — City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF MAY 9, 2005
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in
its services, programs, or acrivities because of race, color, creed, religion, narional origin, sex, disability, age, marital status,
seaual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's services, programs, and activiries. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one
week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
BOARD OF REVIEW
Continuation of Board of Review.
CITY COUNCIL MEETING
PROCLAMATIONS:
Peace O�cers Memorial Day: May 15, 2005
Veterans' Buddy Poppy Day: May 20, 2005
Mediation Services for Anoka County Day: May 24, 2005
Public Works Week: May 16-22, 2005
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Review Meeting of April 25, 2005
City Council Meeting of April 25, 2005
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Approving a Plat, P.S. #05-01, Gospel
Hall Addition, by Dale Christiansen, Roslyn Park
Wesleyan Church, for the Purpose of Creating a
Three-Lot Plat and to Separate Church from
Residential Properties, Generally Located at
5300 — 6t" Street, 401 — 53rd Avenue, 5315 — 5tn
Street, and a Vacant Lot North of 5315 5t" Street N. E.
(Ward 1) ....................................................................................................... 1 - 5
2. Claims ....................................................................................................... 6
3. Licenses ....................................................................................................... 7 - 8
4. Estimates ....................................................................................................... 9
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 3
PUBLIC HEARINGS:
5. Consideration of an On-Sale Intoxicating Liquor
License for Billiard Street Cafe, Generally
Located at 7178 University Avenue N.E. (Ward 3) ............................................ 10 - 11
6. Consideration of a Resolution Approving a Minor
Comprehensive Plan Amendment, CP #05-01, by
Har-Mar Incorporated, for Property Located on
Lots 4-6, Block 1, Paco Industrial Park, Except the
North 35 Feet of Lot 4, Generally Located at
7110-90 University Avenue N.E. (Ward 3) ......................................................... 12 - 18
7. 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 #05-01, by Har-Mar Incorporated, for Property
Generally Located at 7110-90 University Avenue N.E.)
(Ward 3) ....................................................................................................... 19 - 25
NEW BUSINESS:
8. Informal Status Report ....................................................................................... 26
ADJOURN.
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PEACE OFFICERS MEMORIAL DAY
May is, �oos
WHEREAS, this proclamation is issued to commemorate and acknowledge the dedication and
sacrifzce made by the men and women who have lost their lives while serving as law enforcement
officers; and
WHEREAS, the well-being of all citizens of the United States is preserved and enhanced as a
direct result of the vigilance and dedication of law enforcement personnel; and
WHEREAS, nationally more than 700, 000 men and women, more than 9, 000 Minnesota peace
officers, and 38 Fridley police officers, at great risk to their personal safety, serve their fellow
citizens as guardians ofpeace; and
WHEREAS, Minnesota has lost 229 law enforcement officers in the line of duty since 1882; and
WHEREAS, one Minnesota officer; Bureau of Criminal Apprehension Special Agent Thomas
Wyatt died in the line of duty in 2004; and
WHEREAS, 153 peace officers across the Nation were killed in the line of duty during 2004;
and
WHEREAS, every year; 1 out of every 9 peace officers is assaulted, 1 out of every 25 peace
officers is injured, and 1 out of every 4, 400 peace officers is killed in the line of duty; and
WHEREAS, on average, over 56, 000 officers are assaulted, resulting in over 16, 000 injuries
nationally; and
WHEREAS, on May IS, 2005, Fridley police offzcers will join all U.S peace offzcers and the
families of their recently fallen comrades to honor those officers and all others who went before
them.
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Luna', Mayor of the City of Fridley,
hereby proclaim May 1 S, 2005, as:
PEACE OFFICERS MEMORIAL DAY
in the City of Fridley, and call upon the citizens of Fridley to observe this day with appropriate
ceremonies and respect.
IN WITNESS WHEREOF, I have set my hand and
caused the seal of the City of Fridley to be affixed
this 9"' day ofMay, 2005.
Scott J. Lund, Mayor
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VETERANS' BUDDY POPPY DAY
May �o, �oos
WHEREAS, the annual sale of Buddy Poppies by the T�eterans of
Foreign Wars of the United States has been officially recognized and
endorsed by governmental leaders since 1922; and,
WHEREAS, VFW Buddy Poppies are assembled by disabled veterans,
and the proceeds of this worthy fund-raising campaign are used
exclusively to benefit disabled and needy veterans, and the widows and
orphans of deceased veterans; and,
WHEREAS, the basic purpose of the annual sale of Buddy Poppies by
the T�eterans of Foreign Wars is eloquently reflected in the desire to
"Honor the Dead by Helping the Living";
NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor
of the City of Fridley, do hereby proclaim May 20, 2005, as
VETERANS' BUDDY POPPY DAY
in the City of Fridley, and urge the residents of Fridley to recognize the
merits of this cause by contributing generously to its support by
purchasing Buddy Poppies on the day set aside for the distribution of
these symbols of appreciation for the sacrifices of our honored dead.
� I urge all citizens to wear a Buddy Poppy as mute evidence of our
gratitude to the men and women of this country who risked their lives in
defense of the freedoms we continue to enjoy as American citizens.
IN WITNESS WHEREOF, I have set
my hand and caused the seal of the City
of Fridley to be affixed this 9`h day of
May, 2005.
Scott J. Lund
Mayor
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MEDIATION SERVICES
FOR ANOKA COUNTY DAY
May �4, �oos
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WHEREAS, Mediation Services for Anoka County was formed in 1987 to provide
voluntary mediation services to residents of Anoka County, to promote and educate the
Anoka County community in ways that encourage peace and harmony, and to
supplement the legal system by providing an alternative process all community members
can easily access; and
WHEREAS, Mediation Services for Anoka County's volunteers contributed 3, 492 hours
of service to the community, totaling $204, 625, bringing peace and resolution to
Fridley's individuals, families, schools, neighborhoods, workplaces and businesses; and
WHEREAS, Mediation Services for Anoka County has provided a resource for law
enforcement, Fridley's City staff and public o�cials, and Fridley's school districts; and
WHEREAS, Casimir Burzynski, Debbie Dahl, Cheryl Hanks, and Jim Wagner have
assisted the citizens of Fridley to actively manage confZict and reduce violence through
education and confZict resolution services;
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of
Fridley, hereby proclaim Tuesday, May 24, 2005, as:
MEDIATION SERVICES FOR ANOKA COUNTY DAY
in the City of Fridley, Minnesota, and urge all citizens to recognize the importance of
community service.
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
affixed this 9`h day ofMay, 2005.
Scott J. Lund
Mayor
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PUBLIC WORKS WEEK
May i6 - ��, �oos
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WHEREAS, public works services provided in our community are an integr�al part of the
every day lives of our citizens; and,
WHEREAS, the support of an understanding and informed citizenry is vital to the
e�cient operation of public works systems and progr�ams such as water; sewers, streets
and highways, public buildings, and snow removal; and
WHEREAS, the health, safety and comfort of this community gr�eatly depends on these
facilities and services; and,
WHEREAS, the quality and effectiveness of these facilities, as well as their planning,
design, maintenance, and construction are vitally dependent upon the efforts and skills of
Public Works personnel; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public
works departments is materially infZuenced by the people's attitude and understanding of
the importance of the work they perform.
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of
Fridley, hereby proclaim May 16 through 22, 2005, as:
PUBLIC WORKS WEEK
in the City of Fridley, and call upon all citizens and civic organizations to acquaint
themselves with the problems involved in providing public works services, and to
recognize the contributions the City's Public Works Department personnel make every
day to our health, safety, comfort and quality of life.
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
affixed this 9`h day ofMay, 2005.
Scott J. Lund
Mayor
BOARD OF REVIEW
CITY OF FRIDLEY
APRIL 25, 2005
The Board of Review for the City of Fridley was called to order by Mayor Lund at 7:00
p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Bolkcom
Councilmember Wolfe
OTHERS PRESENT: William Burns, City Manager
Mary Smith, City Assessor
Fritz Knaak, City Attorney
Rebecca Brazys, Recording Secretary
STAFF PRESENTATION:
Mary Smith, City Assessor, stated this meeting is held in accordance with State Statute
274.01. The purpose of the Board is to establish an orderly and consistent appeal
procedure for property owners who want to contest the 2005 estimated market value or
classification of their property. As the Board, the City Council has the ability to change
values or classifications in accordance with State law.
Ms. Smith stated the Board has three possible courses of action that can be taken on
each case: to affirm, reduce, or increase the current value based on information
presented. If upon reaching a decision, the property owner feels that the Board did not
resolve their concerns, they may bring their case to the County Board of Appeal and
Equalization which is scheduled for June 13. The responsibilities of the Board
according to Minnesota State Statutes are:
• It is necessary that a majority of the members be in attendance.
• The Board shall see that all taxable property is properly valued and classified.
• If property is omitted from the tax rolls it may be added by the Board.
• The Board must hear cases for the current assessment year.
• The Board cannot give a class of property an increase or decrease. They may
only increase or decrease individual properties.
BOARD OF REVIEW MEETING MINUTES OF APRIL 25, 2005 PAGE 2
• As the Board makes reductions to individual properties, the amount of the
reduction cannot exceed 1% of the City-wide aggregate assessment.
• If the Board finds a case of under valuation, it may raise the valuation of the
property but must first notify the owner.
• The Board must complete and adjourn within twenty days from the time it
convened.
Ms. Smith reviewed the procedures for the Fridley Board of Equalization and Review as
follows:
• Each property owner appealing completes a property appeal form and gives it to
the Assessing staff.
• Each property owner may address the Board in order of registration.
• Written appeals will be read at the meeting.
• The Board may direct staff to reappraise any property and report back to the
Board at a reconvened meeting.
• The Board compares the information presented by the Assessor to the
information presented by the property owner and makes a determination of
actual fair market value.
• The Board may not make a property adjustment or classification change that
would benefit the property in cases where the owner or other person having
control over the property will not permit the assessor to inspect the property and
interior of any buildings or structures (SS. 274.01).
Ms. Smith stated that the number of sales that occurred in Fridley from January 1 to
December 31, 2004, for which they have received Certificates of Real Estate Value are
40% to date. Of this number 306 were single family homes, 58 were town homes, 21
were double bungalows and 22 were condominium sales. For the State Sales Ratio
study, sales occurring between October 1, 2003, and September 30, 2004 are used.
These sales number 440 and indicated a decrease in our overall ratio which takes into
account the selling price and the estimated market value. In order to raise the sales
ratio to the required level, a county-wide increase of 7% to the base rates took place in
the fall. Along with this, land values also needed to be adjusted upward. All properties
experienced these increases with the net increase from 7% to 20% in some areas of the
City. This brought our overall ratio to the level required by the County and State. The
value increases ranged from $15,000 to over $35,000. These sales have been broken
down further by average sale price, average estimated market value and average ratio
as follows:
Residential (306)
Townhomes (58)
Doubles (21)
Condos (22)
Average
Sale Price
$214, 300
$177,800
$268, 000
$ 97, 000
Average
EMV
$185, 400
$157,600
$234,400
$ 87, 400
Average
Ratio
86.9%
88.9%
88.2%
90.1 %
BOARD OF REVIEW MEETING MINUTES OF APRIL 25, 2005 PAGE 3
Councilmember Barnette stated he understands one Fridley resident would not allow
the assessors into their home and asked what is done in such a situation.
Ms. Smith stated they will estimate the market value. If the homeowner then calls when
they receive their tax statement, the assessor would have to access the property before
proceeding with a review.
Mayor Lund stated the estimated market values are getting closer to the actual property
values.
Ms. Smith stated they are finally catching up to the market. The market has been wild
for the past five or six years and there has been quite a disparity between the estimated
market value and the actual sale price. Now the market is slowing down and the
estimated market values are finally catching up.
Mr. Samy Ahmed, 5683 West Bavarian Pass, stated he lives in a townhome and has
made no improvements to the property. Some of his neighbors have done remodeling
projects in their townhomes, but he has not. He has lived in the property for 11 years
and has done only what was absolutely necessary, such as replacing the furnace and
air conditioning, siding and roofing.
Mayor Lund explained that even though Mr. Ahmed has not made any improvements to
his property, all property valuations have increased across the state.
Mr. Ahmed claimed that a realtor told him his townhome would not sell for more than
$150,000 and of that $15,000 would go to real estate commission and closing
expenses. He didn't feel he should be taxed on the full sale price when he would not
actually receive the full amount. He believes his home should be valued at $135,000
rather than the $158,000 set by the City and County.
Mayor Lund asked Ms. Smith if the assessor had reviewed Mr. Ahmed's property tax
and found it appropriate.
Ms. Smith responded affirmatively.
Lynn Krachmer, Appraiser for the City of Fridley, explained that he had put together
several comparables which ranged from $159,500 to $236,000. Two were the same
size as Mr. Ahmed's. After adjusting for differences such as decks and porches, they
determined that Mr. Ahmed's property would sell for $168,000 to $174,000. The
comparable properties were viewed within the last two years and many of them had no
improvements.
Councilmember Billings suggested that the assessing team visit Mr. Ahmed's home to
ensure that the numbers are correct. They can then report back to the Council at the
May 9 meeting.
BOARD OF REVIEW MEETING MINUTES OF APRIL 25, 2005 PAGE 4
Councilmember Billings asked if there were any written objections that needed to be
entered into the record.
Ms. Smith stated there were not.
MOTION by Commissioner Billings, seconded by Commissioner Wolfe, to continue the
Board of Review meeting until Monday, May 9, 2005, at 7:00 p.m.
Councilmember Bolkcom asked if a resident were to contact the City between now and
the May 9 meeting, could they be heard at that meeting.
Ms. Smith responded they could not.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 2
Dr. Burns, City Manager, stated the lowest of five bids received for this project was from
Stock Roofing Company of Minneapolis in the amount of $53,225. Although the low bid
is $13,225 over budget ($40,000), staff recommends Council's approval. The additional
cost is associated with roofing code changes that were not anticipated at the time staff
budgeted for this project. Fund balance will be used to cover the additional costs.
APPROVED.
3. Resolution Providing for the Sale of $1,835,000 General Obligation
Improvement Bonds, Series 2005A.
Dr. Burns, City Manager, stated staff is recommends that in light of lost State aid and
generally declining City financial reserves, we begin bonding for the portion of our
annual street improvement project not covered by property owner assessments or
Municipal State Aid. The intent is to certify the debt service required for repayment of
these bonds for tax collection in 2006. This resolution will authorize staff to begin the
competitive sale of general obligation bonds sufficient to cover the unfunded costs of
the 2005 street improvement project. We expect to sell these general obligation bonds
on an annual basis to cover the unfunded costs of future street improvement projects.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-19
4. Resolution Providing for the Sale of $4,625,000 General Obligation Tax
Increment Refinancing Bonds, Series 2005B.
Dr. Burns, City Manager, stated this resolution provides for the refinancing of bonds
issued in 1997 to cover the remaining principal. At today's interest rates, staff estimates
that we can save the Fridley Housing and Redevelopment Authority approximately
$110,000. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-20
5. Approve Liquor License Renewals.
Dr. Burns, City Manager, stated staff has determined that the restaurants and clubs
listed have met the food to liquor sales ratios required for liquor licensing by the Fridley
City Code. Additionally, the Fridley Police Department has reviewed these liquor
license applications and has determined that there are no issues that would prevent
them from being granted a liquor license renewal. Staff recommends Council's
approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND ADDED TO THE
REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 3
6. Claims (121224 — 121411)
APPROVED.
7. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the
consent agenda with the removal of Item 5.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the
agenda with the addition of Item 5.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 Minutes
No comments were made.
PUBLIC HEARING:
8. Consideration of the Liquor License Renewal Application of AMF Bowling
Centers, Inc., d/b/a Maple Lanes, Generally Located at 6310 Highway 65 NE
(Ward 2).
MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Pribyl, Finance Director, explained this public hearing is being held due to the
license holder not meeting the food to liquor ratio for 2004. In reviewing the sales
related to the restaurant, staff found that 29% of the sales were from food and the
corresponding 71 % were from liquor. A point of disagreement exists between staff and
AMF Maple Lanes regarding the inclusion or exclusion of food and beverages from
vending sales in these numbers. Staff contacted the Minnesota Liquor Control
regarding this issue and was told that because Fridley owns and operates "off sale"
liquor, it must issue its "on-sale" private licenses under Minnesota Statute 340A.601,
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 4
Subdivision 5. It can only issue "on-sale" liquor licenses to hotels, clubs and restaurants
by this definition. In this case, the liquor license was issued to AMF as a restaurant
within the bowling center. In 2003, the City modified the City Code to define a bowling
center in such a way as to allow the restaurant to have a lower food minimum. Since
the license is controlled under Chapter 340A.601, Subdivision 5, and is issued to a
restaurant, the definition of food becomes an important issue. Minnesota Liquor Control
directed us to the definition section of the State Statute regarding food and restaurants.
The definition of restaurant includes a section that states "where meals are regularly
prepared on the premises and served at tables to the general public." We have been
told this does not include the vending of sandwiches, pop and candy.
Mr. Pribyl stated the application for renewal did come in with a CPA statement indicating
that the food sales ratio was 32%. Staff did verify that this did include "snack, candy,
and cold drinks" as defined on their financials. Without the "snack, candy, and cold
drinks" the food ratio falls to 29%. When the issue of food was discussed with AMF
representatives, they indicated that the sales for 2004 were impacted by kitchen
remodeling. They described those kitchen changes as being so significant that it
disabled the kitchen for three of their highest revenue months. Staff asked for the 2005
monthly financials to determine how the ratio was running year to date, and the
following was found:
Without With
Vendinq Vendinq
January 31.02% 33.29%
February 27.02% 29.98%
March 28.60% 31.54%
Mr. Pribyl explained that the AMF representatives found our language unclear as to
whether food was defined as "prepared restaurant food." The language did not specify
that vending food sales were not to be included. Based on past practice, staff
recommends that the license be issued to AMF Maple Lanes and the public hearing be
continued to October 24, 2005 for a review of the food sales. Staff would also be
prepared at that time to clarify the language regarding food sales.
Councilmember Barnette stated it appears vending sales are not qualified as food sales
according to the State, so AMF Maple Lanes would have to meet the required ratio by
October from qualified food sales only.
Mr. Pribyl stated that is correct.
Mayor Lund asked if vending sales have been included in the past.
Mr. Pribyl stated vending sales have been included, but any time staff finds financial
statements that include vending sales they bring it to the owner's attention to have
those sales excluded.
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 5
Councilmember Billings asked if there is anything that precludes the City from having
different food ratio definitions for bowling alleys and restaurants. One of the arguments
when the City changed the food ratio for bowling alleys was that the State Statute
specifically spells out bowling alleys as a type of recreational facility that was eligible for
having a liquor license when, in fact, in the City of Fridley the statute makes no
distinctive difference between a bowling alley and a restaurant.
Mr. Pribyl stated that was what staff discovered with the Liquor Control Board.
Councilmember Billings stated the requirement for bowling alleys in our current statute
is 30% and that was reduced from 40% last year as an attempt to aid AMF so they
could stay in business. He then asked how the 2005 sales for AMF are comparing to
the 2003 sales.
Mr. Pribyl stated January, February and March sales are trailing their 2003 sales with
food sales falling and liquor sales increasing.
Councilmember Billings stated he thought that AMF inade a commitment last year to
become more aggressive in their food sales.
Mr. Pribyl stated that was one of staff's concerns when they met with AMF. AMF
indicated they have had some change in leadership and they are now under the control
of an individual who is much more geared towards restaurants. In the early months of
2004, their kitchen was down for remodeling to accommodate a change in their
restaurant.
Councilmember Bolkcom asked for clarification on the history of vending sales being
included in the food ratio. She also asked about changing the City's ordinance when it
is already spelled out in State statutes.
Mr. Pribyl explained that vending sales were not included for the past two years. They
discussed this issue with AMF last year. As far as the ordinance change, the City would
clarify the issue that food is actually defined as a prepared meal at a restaurant and
does not include vending sales.
Ms. Kaela Brennan, local counsel for AMF Bowling, stated there was additional
information revealed this evening that she was not aware of. When they met with City
staff they reviewed the State statutory provisions which separate out the definition of
restaurant and a bowling center. There remains a question of whether or not vending
food sales should be included. She explained for AMF, the number one item of food
sales are cans of pop. She pointed out that fountain pop is considered a food item, yet
cans of pop are not. They welcome the opportunity for clarification and support staff's
recommendation of postponing the public hearing until October. In attempting to meet
their pledge to Council to increase their food sales, they experienced some difficulties
with their kitchen equipment. The County Health Department required AMF to do
significant remodeling including installation of a new food and ventilation system which
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 6
took a lot longer than anticipated. The net result was that AMF was unable to operate
at full kitchen capacity from January 30 to May 6, 2004. The bowling season is limited
to a 9-month season in Minnesota and the kitchen remodeling occurred during the peak
season. They continued to serve some food, but could not offer their full menu during
the remodeling. If you exclude the period of time from January 30 to May 6, 2004, the
food to liquor ratio is about 32%. In addition to the newly remodeled kitchen, AMF is
offering a new and improved product line with a definite push toward upgraded, quality
food. The figures through April 17, 2005, show dramatically increased food sales, with
the food sales ratio at 27%. Food sales totals through April 17 are at about $8,000
which compares favorably to the $9,000 total for the full month of April 2003. If Council
chooses not to follow staff's recommendation to postpone the public hearing until
October, AMF would request that Council consider a period of probation because the
suspension of their liquor license would have a dramatic economic impact on AMF.
They may not be able to continue operating without the liquor license which would result
in a loss of jobs for 24 employees. AMF is a tax-producing member and recreation
center for the community.
Ms. Cynthia Blanc, District Manager for AMF, stated discussions on this issue began in
2003 when a plan was submitted by AMF to Council detailing their efforts to increase
food sales. She stated all of those things have been done. Since January of this year,
they upgraded their product line. In addition, they changed their plate presentation and
introduced new menus. They are also focusing on family products, such as birthday
parties for kids and are offering a family fun-pack. In April of this year they have
generated $8,100 in food sales compared to $2,500 in 2004 when the kitchen
remodeling project was underway. In April, 2003, they had $9,290 in food sales, so
they feel they are on track.
Mayor Lund asked why their food sales for 2005 were not doing better considering all
the improvements they have made.
Ms. Blanc explained that many of the improvements she referred to were started in
2003. Their food sales are up 2% to 3% since 2003.
Mayor Lund inquired as to the hours of operation for the restaurant.
Ms. Blanc stated during the bowling season they serve food depending upon their
business, but typically they may open around noon; if not, 4:00 p.m. until 10:30 p.m.
Mayor Lund said he does not want to see the bowling alley close, but he would like to
see the food sales expanded so they are not bordering on the 30% ratio all the time. He
questioned extending this matter until October since that will be right at the end of the
slowest business period for AMF. He asked if Ms. Blanc felt comfortable that AMF will
be able have food sales of 30% by October.
Ms. Blanc responded she is comfortable with that.
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 7
There was some discussion regarding continuing the public hearing until December, but
it was determined that the Council's practice has been to grant a six-month extension
only.
Councilmember Billings asked Ms. Blanc to provide a monthly report of food and liquor
sales to the City staff so they can monitor the situation up to October.
Ms. Blanc agreed to do so.
MOTION by Commissioner Wolfe, seconded by Commissioner Bolkcom, to continue the
public hearing until October 24, 2005.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
5. Approve Liquor License Renewals.
Councilmember Bolkcom asked what is involved in the Public Safety Department's
review for liquor license renewals.
Mr. Pribyl stated a background check is performed as well as a review of any incidents
that may concern public safety. If the Director of Public Safety had any concerns about
a particular establishment, he would bring them to the attention of the City Manager and
Council.
Councilmember Bolkcom stated one of the license applications is "right on the edge"
with regards to the food to liquor sales ratio.
Mr. Pribyl stated he double-checked that particular applicant's sales figures and
confirmed that according to their CPA, they do meet the 40% minimum food to liquor
sales ratio.
Councilmember Billings stated certain establishments now have a 2:00 a.m. closing
liquor license and asked how often they are required to submit a statement from their
accountant.
Ms. Deb Skogen, City Clerk, responded they must submit that statement every six
months.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve
the license renewals as submitted.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 8
9. Informal Status Report.
Mayor Lund announced that April 30, is the Fridley Historical Society's annual lasagna
dinner.
Mayor Lund also announced that the Stargazers annual event will be held at the high
school on April 30.
Councilmember Bolkcom stated there was a very good turnout at the Block Captain's
meeting last week.
Councilmember Wolfe announced that he and Mayor Lund attended the Alexander
House annual gala event.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
�
�
CffY OF
FRIaLEI'
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 9, 2005
May 5, 2005
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Final Plat, PS #05-01, Dale Christiansen, Roslyn Park Wesleyan Church
INTRODUCTION
On March 2, 2005, the Planning Commission considered plat request PS #05-01, by
Dale Christiansen, Roslyn Park Wesleyan Church. Roslyn Park plans to sell the
property, but has requested a replat to separate the church and its associated vacant
lot, from the 2 residential, which of late were part of the church campus. The properties
involved are located at 5300 6t" Street, 401 53rd Avenue, 5315 5t" Street, and the vacant
lot north of 5315 5t" Street. The future owner of the church has opted not to by either of
the two homes. Therefore, the plat will allow sale of the homes and will provide housing
opportunities for two families. Staff and the Planning Commission recommend approval
of plat request, PS #05-01, with 6 stipulations at the March 28t", 2005, City Council
meeting.
RECOMMENDATION
City Staff and the Planning Commission recommend approval of the final plat for PS
#05-01.
STIPULATIONS
2.
3.
4.
Petitioner to provide drainage and utility easements as shown on the
preliminary plat drawing.
Petitioner shall provide any easements required by Kaneb Pipeline prior to
final plat approval.
The property owner of 5300 6t" Street shall continue to provide reasonable
seasonal maintenance as necessary to assure access to and from the non-
vacated portion of the alley.
The alley shall be sufficiently labeled to prevent the entrance from being
blocked.
5. The existing garage at 5315 5t" Street shall be made accessible by
construction of an approved surface driveway and the filing of an easement
for access from Lot 1, or a new driveway and garage( with direct access from
5t" Street) shall be constructed within one year of final plat approval.
6. Proof of Parking on vacant lot north of 5315 5t" Street shall be required to be
installed if there is an expansion to the church or the City deems that it is
necessary.
M-05-34
RESOLUTION NO.
RESOLUTION APPROVING A PLAT, P.S. #05-01, GOSPEL HALL ADDITION, BY DALE
CHRISTIANSEN, ROSLYN PARK WESELEYAN CHURCH, FOR THE PURPOSE OF
CREATING A 3 LOT PLAT AND TO SEPARATE CHURCH FROM RESIDENTIAL
PROPERTIES, GENERALLY LOCATED AT 5300 6T" STREET, 401 53RD AVENUE, 5315 5r"
STREET, AND A VACANT LOT NORTH OF 5315 5T" STREET NE.
WHEREAS, the Planning Commission held a public hearing on March 2, 2005, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for GOSPEL HALL ADDITION at
their March 28, 2005, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the plat GOSPEL HALL ADDITION has been attached as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
GOSPEL HALL ADDITION and directs the petitioner to record plat at Anoka County within six
months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9T" DAY
OF MAY 2005.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Page 2— Resolution -2005 — GOSPEL HALL ADDITION
.
. ' �
STIPULATIONS
1. Petitioner to provide drainage and utility easements as shown on the
preliminary plat drawing.
2. Petitioner shall provide any easements required by Kaneb Pipeline prior to
final plat approval.
3. The property owner of 5300 6t" Street shall continue to provide reasonable
seasonal maintenance as necessary to assure access to and from the non-
vacated portion of the alley.
4. The alley shall be sufficiently labeled to prevent the entrance from being
blocked.
5. The existing garage at 5315 5t" Street shall be made accessible by
construction of an approved surface driveway and the filing of an easement
for access from Lot 1, or a new driveway and garage( with direct access from
5t" Street) shall be constructed within one year of final plat approval.
6. Proof of Parking on vacant lot north of 5315 5t" Street shall be required to be
installed if there is an expansion to the church or the City deems that it is
necessary.
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� AGENDA ITEM
� COUNCIL MEETING OF MAY 9, 2005
�ffY �F
FRIDLEY
CLAIMS
121414 - 121588
LICENSES - MAY 9, 2005
LICENSE RENEWALS
Type of License
REFUSE HAULER
Aspen Waste Systems
2951 Weeks Av. SE
Minneapolis, MN 55414
Veit Container Corp.
dba Veit Disposal Systems
14000 Veit Place
Rogers, MN 55374-9583
TREE REMOVAL
Drobnick Tree Service
311 93rd Av N E
Blaine, MN 55434
Arbor Design Tree Service
PO Box 290298
Brooklyn Center, MN 55429
FOOD ESTABLISHMENT
Dunn Bros. Coffee
7610 University Av NE
Fridley, MN 55432
McDonald's
8100 University Av NE
Fridley, MN 55432
Minnesota Sports Cafe
7651 Hwy 65 N E
Fridley, MN 55432
�
Approved by
Marvin Vikla Public Safety Director
Community Development Director
City Clerk
Steve Hargren Public Safety Director
Community Development Director
City Clerk
John Drobnick Public Works Director
Donald Lawrence Public Works Director
Steven Gudim Public Safety Director
Community Development Director
Fire Inspector
Mark Wheeldon Public Safety Director
Community Development Director
Fire Inspector
Perry Coonce Public Safety Director
Community Development Director
Fire Inspector
Wendy's Old Fasioned Hamburger Joe Hurst
7601 Hwy 65 N E
Fridley, MN 55432
Public Safety Director
Community Development Director
Fire Inspector
FOOD, TOBACCO, GASOLINE SALES
South Asian Foods Mehboob Momin Public Safety Director
765 53rd Av NE Community Development Director
Fridley, MN 55432 Fire Inspector
Type of License �
FOOD, TOBACCO, GASOLINE SALES
Speedway Superamerica Ronald Edmiston
7299 Hwy 65 N E
Fridley, MN 55432
PRIVATE GAS PUMP
Determan Brownie, Inc.
1241 72nd Av NE
Fridley, MN 55432
3.2 MALT LIQUOR
Speedway Superamerica
7299 Hwy 65 N E
Fridley, MN 55432
JUNK YARD
Sam's Auto Parts
4530 Colfax Av N
Minneapolis, MN 55413
Central Auto Parts
2923 117th Lane
Coon Rapids, MN 55448
Approved by
Public Safety Director
Community Development Director
Fire Inspector
Kristine Matson Public Safety Director
Community Development Director
Fire Inspector
Ronald Edmiston Public Safety Director
City Clerk
Barry Hoosline Public Safety Director
Community Development Director
Fire Inspector
Building Inspector
Jerry Haluptzok Public Safety Director
Community Development Director
Fire Inspector
Building Inspector
MOTOR VEHICLE BODY REPAIR
Abra Auto Body & Glass Duane Rouse Public Safety Director
7710 University Av Community Development Director
Fridley, MN 55432 Fire Inspector
NEW LICENSE REQUESTS
Type of License
STREET VENDING
Best Buy Ice Cream / Vending
179 Charles St. NE Apt 4
Fridley, MN 55432
TREE REMOVAL SERVICE
A+ Tree Service
10 Rice Creek Way
Fridley, MN 55432
�
William Diggs
Jon Filer
Approved by
City Clerk
Public Safety Director
Parks Director
Public Works Director
� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 9, 2005
� �F ESTI MATES
FRIDLEY
G. L. Contracting, Inc.
4300 Willow Drive
Medina, MN 55304-9701
Springbrook Stream Restoration
Proj ect No. 3 5 8
Estimate No. 2 ........................................................................................ $83,756.76
BCG Construction, Inc.
3117 Salem Avenue South
St. Louis Park, MN 55416
2005 Miscellaneous Concrete Repair
Proj ect No. 3 59
EstimateNo. 1 ....................................................................................... $ 7,879.77
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
TO: William W. Burns, City Manager
May 9, 2005
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Don Abbott, Public Safety Director
Re: Public Hearing for On-Sale Intoxicating Liquor License for Billiard Street Cafe
Applicant: Gregory Asproth, President and Owner
Billiard Street Cafe
7178 University Avenue NE
Fridley, MN 55432
Date: Apri129, 2005
Gregory Asproth, President and Owner of Billiard Street Cafe, Inc. has applied for an on-sale
intoxicating liquor license located at 7178 University Avenue NE, Fridley, Minnesota. A liquor license
cannot be issued in an M-1, light industrial district. If, however, the City Council approves the zoning
request for the property this evening from M-1 to C-2 general business district, the license could be
issued.
Section 603 of the Fridley City Code requires that a public hearing be held to consider the approval of
an Intoxicating Liquor License. The City Code also requires that the license can not be approved during
the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus
on April 28, 2005.
The Police Department has conducted a background investigation and has found no reason to deny the
application at this time. The final approval of the license will be scheduled for May 23, 2005.
Staff recommends holding a public hearing for an intoxicating liquor license.
Attachment A
CITY OF FRIDLEY
PUBLIC HEARING BEFORE THE
CITY COUNCIL
(Legal Notice)
Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City
Municipal Center, 6431 University Avenue Northeast on Monday, May 9, 2005, at 7:30 p.m. on the
question of issuing an on-sale Intoxicating Liquor License to Greg Asproth, for and on behalf of Billiard
Street Cafe located at 7178 University Avenue NE, Fridley, Minnesota.
Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 4, 2005
Anyone having an interest in this matter should make their interest known at this public hearing.
/s/ Debra A. Skogen, City Clerk
Published: April 28, 2005 in the Fridley SunFocus
�
�
CffY OF
FRIaLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF May 9, 2005
Date: May 5, 2005
To
From
Subi ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
CP # OS-01 — 7110-90 Universitv Ave. NE
Background
Jerome O'Brian Slawik of Har Mar Inc., owner of the property located at 7110-90 University
Avenue NE, has requested to rezone their property from M-1, Light Industrial, to C-2, General
Business. One of the properties located in this multi-tenant building is the Billiard Street Cafe. This
business is interested in applying for a liquor license, but can only do so if the property is rezoned
to C-2. Most of the other uses in this multi-tenant building would also best fit in the C-2, General
Business zoning category.
Since the City's Comprehensive Plan designates this property as Industrial, the petitioner has been
required to also apply for a Comprehensive Plan Amendment. Staff finds no foreseen impacts to
Metropolitan systems by the zoning change as the use on the property is not expected to
significantly change from current lease arrangements.
Recommendation
The Planning Commission approved both the rezoning and Comprehensive Plan Amendment
requests at their Apri120, 2005, meeting. Staff concurs with the recommendations of the Planning
Commission. Staff further recommends City Council approval of the attached resolution authorizing
a minor Comprehensive Plan Amendment request.
M-OS-33
City of Fridley Land Use Application
ZOA #05-01 and CP #05-01 May 4, 2005
GENERAL INFORMATION
Applicant:
Har-Mar Incorporated
Jerome O'Brian Slawik
1880 Livingston Avenue
West St. Paul MN 55118
Requested Action:
Rezone property from M-1 to C-2.
Comprehensive Plan amendment
from Industrial to Commercial
zonina.
Existing Zoning:
M-1, Light Industrial
Location:
7110-7190 University Avenue
Size:
187,844 sa. ft. 4.3 acres
Existing Land Use:
Multi-tenant Building
Surrounding Land Use & Zoning:
N: Bally Total Fitness & C-2
E: University Avenue & ROW
S: Community Park & P
W: Multi-tenant building & M-1
Comprehensive Plan Conformance:
Future Land Use Map - Designates it
as Industrial
Zoning History:
1979 — Lot is platted as C-2.
1980 — Rezoned from C-2 to M-1.
1986 — Building constructed.
1986 — SUP to allow office use.
1986 — VAR to reduce parking
setback & space width & increase
curb cut width.
1988 — SUP to allow billiard.
1997 — SUP to allow expansion of
space used by billiard.
2001 — SUP to allow expansion of
space used by billiard
Legal Description of Property:
Lots 4-6, Block 1, Paco Industrial
Park, except the north 35 feet of Lot
4.
Public Utilities:
Building is connected.
SPECIAL INFORMATION
Transportation:
Commerce Circle and University
Avenue Service Drive provides
access to the pro
Physical Characteristics:
Building, parking lot and typical
suburban landscaping.
SUMMARY OF REQUEST
Jerome O'Brian Slawik, President of Har-
Mar Incorporated, is seeking to rezone the
property located at 7110-7190 University
Avenue, from M-1, Light Industrial to C-2,
General Business to allow a Class 1
restaurant to be converted to a Class 3
restaurant. Since the Comprehensive Plan
designates the property as Industrial, the
petitioner is also requesting a
Comprehensive Plan amendment.
SUMMARY OF ANALYSIS
City Staff recommends approval of both this
rezoning and Comprehensive Plan
Amendment request.
Council Action / 60 Day Date:
May 9, 2005 / May 16, 2005
60 Day Extension Date:
July 1, 2005
Staff Report Prepared by: Julie Jones
ZOA #05-01 and CP # 05-01
Request
Jerome O'Brian Slawik of Har Mar Incorporated, owner of the property located at 7110-
90 University Avenue, is requesting to rezone his property from M-1, Light Industrial to
C-2, General Business. Rezoning of the property is necessary for the Billiard Street
Cafe business to obtain a liquor license from the City. Current uses of the property
comply with either the M-1 or C-2 zoning, however, most of the uses in the building
more appropriately fit into the C-2 zoning category.
Site Description and History
On the 1958 zoning map, through the late 1960's, the property at 7110-90 University
Avenue was zoned R-3, Multifamily Residential. By 1967, the zoning had changed to
CR-2, Office, Service, and Limited Business. At that time, a service drive existed
between the site and University Avenue. The service drive was moved west and
became Commerce Circle East. Through the 1970's, the site was designated C-2,
General Business.
In December 1980, Winfield Developments, Inc. requested a rezoning of Lots 3-6, Block
1, Paco Industrial Park. At the request of the owner, Mr. Paschke, the rezoning to M-1,
Light Industrial, only included Lots 4-6, which are the southern most part of the
development parcel, which is now the subject parcel. City records are unclear as to why
the rezoning occurred at this time as the owner had no tenant leases signed for the
building, which was not built until 1986. After dividing the property, the original 98,000
sq. ft. industrial building was never built as proposed. Instead, the northern parcel was
developed as Nautilus Health Club, and the southern parcel eventually became a
58,000 sq. ft. warehouse office complex. As tenants began to occupy this building, the
warehouse use disappeared and the complex evolved as an office complex.
Since 1980, there are also many other land use changes that have been approved for
the property, including:
• In 1986, a special use permit was approved to allow offices not associated with a
principal use. As the building began to move away from an office warehouse
complex to an office complex, an SUP was required to allow the primary office
use.
• In 1986, a variance was approved to reduce the parking setback from 20 feet to
10 feet from a street right-of-way adjacent to Commerce Circle East, and
driveway width to exceed 32 feet at the curb opening, and reduce parking space
width from 10 feet to 9 feet for spaces adjacent to the building, all to allow
construction of an office building.
• In 1988, a special use permit was approved to allow the operation of a billiard, an
arcade (commercial recreation), and a snack bar in an industrially zoned district.
• In 1997, a special use permit was approved to allow the expansion of a
commercial recreation facility (University Billiards) in an industrial zoned district.
• In 2001, a special use permit was approved to allow for an 8,752 square foot
expansion of University Billiards.
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Zoning Map detail
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Analvsis
The requested rezoning is consistent with the property to the north and it is consistent
with the uses along the entire west side of the University Avenue corridor north of
Community Park. Commerce Circle creates a typical break between the commercial
and industrial properties in this location.
The proposed rezoning is also consistent with the current use of the building. The
58,700 sq. ft. building was designed to accommodate either commercial or industrial
tenants. The minutes from the 1980 zoning public hearing indicate that even the owner
was unsure of whether the building would be occupied by either industrial or commercial
tenants. By design alone, the building appears to be an attractive multi-tenant
commercial complex. The University Billiard business' legal council has provided a
summary of the tenants who occupy the space within the complex, and have indicated
that all could exist within the confines of the C-2 permitted uses.
The proposed zoning is inconsistent with the City's Comprehensive Plan. However, a
minor Comprehensive Plan amendment has been requested by the petitioner to rectify
the inconsistency.
Minor Comprehensive Plan amendments are permitted, but must not only approved by
the City Council, but the Metropolitan Council as well. Certain criteria must be met in
order for a Comprehensive Plan amendment to be approved by the Metropolitan
Council. This criteria are as follows:
• Impact on Metropolitan Systems. This modification will not have an impact on
Metropolitan Systems.
• Changes to Urban Service Boundary. The City of Fridley is a first ring suburb
that is entirely with the urban service boundary as defined by the Metropolitan
Land Planning Act (MN Statutes 473.851-473.872). Impacts to the boundary do
not apply to this proposal.
• Changes to Timing and Staging of Urban Service Area. Staging of the urban
service area does not apply to this proposal since the area is within the entire
urban service boundary.
• Wastewater Treatment. There will be no increase in the amount of wastewater
treatment necessary as a result of changing the land use from industrial to
commercial.
• Discharge to More than One Metropolitan Interceptor. Flow from this
amended area goes to 4-NS-521 in accordance to regional plans. Flows will not
be diverted to another interceptor.
Picture of building from the north
Picture of the building from the south
Commission/Staff Recommendation
The Planning Commission held a public hearing on both the rezoning and
Comprehensive Plan Amendment items on April 20, 2005.
Rezoning
The Planning Commission recommends approval of this rezoning request.
• Proposed rezoning will provide consistency for zoning designations along the
western edge of the University Avenue Corridor.
• Proposed rezoning will allow the current uses of the property to better fit the
zoning code requirements.
Staff concurs with the Planning Commission's recommendation.
Comprehensive Plan Amendment
The Planning Commission recommends approval of this Comprehensive Plan
Amendment.
Proposed minor amendment will provide consistency for zoning designations
along the western edge of the University Avenue Corridor.
Proposed minor amendment will not have an impact on
Metropolitan systems.
Staff concurs with the Planning Commission's recommendation.
RESOLUTION NO. -2005
RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT, CP #OS-Ol,
BY HAR-MAR INCORPORATED, FOR PROPERTY LOCATED ON LOTS 4-6, BLOCK 1,
PACO INDUSTIAL PARK, EXCEPT THE NORTH 35 FEET OF LOT 4, GENERALLY
LOCATED AT 7110-90 UNIVERSITY AVENUE NE, FRIDLEY
WHEREAS, the Planning Commission held a public hearing on the minor Comprehensive Plan
Amendment , CP #OS-01, on Apri120, 2005, and recommended approval; and
WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment
and approved the Amendment at their May 9, 2005, City Council meeting; and
WHEREAS, the Metropolitan Land Planning Act (MN Statutes 473.851 - 473.872) requires that local
government units prepare and submit minor amendments to the land use plans to the Metropolitan
Council; and
WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area
is small or where the proposed future land use will result in minor changes in metropolitan service
demand; changes in the urban service area involving less than 40 acres; change to plan goals and policies
that do not change the overall thrust of the Comprehensive Plan; and
WHEREAS, the City has determined this Comprehensive Plan change and associated rezoning of a
single multi-tenant property to G2, General Business/Commercial to be a minor amendment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby
approves the Comprehensive Plan Amendment, CP #OS-01.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF
MAY, 2005.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIaLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF May 9, 2005
Date: May 5, 2005
To
From
Subi ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
ZOA # OS-01 — 7110-90 Universitv Ave. NE
Background
Jerome O'Brian Slawik of Har Mar Inc., owner of the property located at 7110-90 University
Avenue NE, has requested to rezone their property from M-1, Light Industrial, to C-2, General
Business. One of the properties located in this multi-tenant building is the Billiard Street Cafe. This
business is interested in applying for a liquor license, but can only do so if the property is rezoned
to C-2. Most of the other uses in this multi-tenant building would also best fit in the C-2, General
Business zoning category.
Since the City's Comprehensive Plan designates this property as Industrial, the petitioner has been
required to also apply for a Comprehensive Plan Amendment. Staff finds no foreseen impacts to
Metropolitan systems by the zoning change as the use on the property is not expected to
significantly change from current lease arrangements.
Recommendation
The Planning Commission approved both the rezoning and Comprehensive Plan Amendment
requests at their Apri120, 2005, meeting. Staff concurs with the recommendations of the Planning
Commission. Staff further recommends City Council approval of the attached ordinance approving
the rezoning.
M-OS-32
City of Fridley Land Use Application
ZOA #05-01 and CP #05-01 May 4, 2005
GENERAL INFORMATION
Applicant:
Har-Mar Incorporated
Jerome O'Brian Slawik
1880 Livingston Avenue
West St. Paul MN 55118
Requested Action:
Rezone property from M-1 to C-2.
Comprehensive Plan amendment
from Industrial to Commercial
zonina.
Existing Zoning:
M-1, Light Industrial
Location:
7110-7190 University Avenue
Size:
187,844 sa. ft. 4.3 acres
Existing Land Use:
Multi-tenant Building
Surrounding Land Use & Zoning:
N: Bally Total Fitness & C-2
E: University Avenue & ROW
S: Community Park & P
W: Multi-tenant building & M-1
Comprehensive Plan Conformance:
Future Land Use Map - Designates it
as Industrial
Zoning History:
1979 — Lot is platted as C-2.
1980 — Rezoned from C-2 to M-1.
1986 — Building constructed.
1986 — SUP to allow office use.
1986 — VAR to reduce parking
setback & space width & increase
curb cut width.
1988 — SUP to allow billiard.
1997 — SUP to allow expansion of
space used by billiard.
2001 — SUP to allow expansion of
space used by billiard
Legal Description of Property:
Lots 4-6, Block 1, Paco Industrial
Park, except the north 35 feet of Lot
4.
Public Utilities:
Building is connected.
SPECIAL INFORMATION
Transportation:
Commerce Circle and University
Avenue Service Drive provides
access to the pro
Physical Characteristics:
Building, parking lot and typical
suburban landscaping.
SUMMARY OF REQUEST
Jerome O'Brian Slawik, President of Har-
Mar Incorporated, is seeking to rezone the
property located at 7110-7190 University
Avenue, from M-1, Light Industrial to C-2,
General Business to allow a Class 1
restaurant to be converted to a Class 3
restaurant. Since the Comprehensive Plan
designates the property as Industrial, the
petitioner is also requesting a
Comprehensive Plan amendment.
SUMMARY OF ANALYSIS
City Staff recommends approval of both this
rezoning and Comprehensive Plan
Amendment request.
Council Action / 60 Day Date:
May 9, 2005 / May 16, 2005
60 Day Extension Date:
July 1, 2005
Staff Report Prepared by: Julie Jones
ZOA #05-01 and CP # 05-01
Request
Jerome O'Brian Slawik of Har Mar Incorporated, owner of the property located at 7110-
90 University Avenue, is requesting to rezone his property from M-1, Light Industrial to
C-2, General Business. Rezoning of the property is necessary for the Billiard Street
Cafe business to obtain a liquor license from the City. Current uses of the property
comply with either the M-1 or C-2 zoning, however, most of the uses in the building
more appropriately fit into the C-2 zoning category.
Site Description and History
On the 1958 zoning map, through the late 1960's, the property at 7110-90 University
Avenue was zoned R-3, Multifamily Residential. By 1967, the zoning had changed to
CR-2, Office, Service, and Limited Business. At that time, a service drive existed
between the site and University Avenue. The service drive was moved west and
became Commerce Circle East. Through the 1970's, the site was designated C-2,
General Business.
In December 1980, Winfield Developments, Inc. requested a rezoning of Lots 3-6, Block
1, Paco Industrial Park. At the request of the owner, Mr. Paschke, the rezoning to M-1,
Light Industrial, only included Lots 4-6, which are the southern most part of the
development parcel, which is now the subject parcel. City records are unclear as to why
the rezoning occurred at this time as the owner had no tenant leases signed for the
building, which was not built until 1986. After dividing the property, the original 98,000
sq. ft. industrial building was never built as proposed. Instead, the northern parcel was
developed as Nautilus Health Club, and the southern parcel eventually became a
58,000 sq. ft. warehouse office complex. As tenants began to occupy this building, the
warehouse use disappeared and the complex evolved as an office complex.
Since 1980, there are also many other land use changes that have been approved for
the property, including:
• In 1986, a special use permit was approved to allow offices not associated with a
principal use. As the building began to move away from an office warehouse
complex to an office complex, an SUP was required to allow the primary office
use.
• In 1986, a variance was approved to reduce the parking setback from 20 feet to
10 feet from a street right-of-way adjacent to Commerce Circle East, and
driveway width to exceed 32 feet at the curb opening, and reduce parking space
width from 10 feet to 9 feet for spaces adjacent to the building, all to allow
construction of an office building.
• In 1988, a special use permit was approved to allow the operation of a billiard, an
arcade (commercial recreation), and a snack bar in an industrially zoned district.
• In 1997, a special use permit was approved to allow the expansion of a
commercial recreation facility (University Billiards) in an industrial zoned district.
• In 2001, a special use permit was approved to allow for an 8,752 square foot
expansion of University Billiards.
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Zoning Map detail
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Analvsis
The requested rezoning is consistent with the property to the north and it is consistent
with the uses along the entire west side of the University Avenue corridor north of
Community Park. Commerce Circle creates a typical break between the commercial
and industrial properties in this location.
The proposed rezoning is also consistent with the current use of the building. The
58,700 sq. ft. building was designed to accommodate either commercial or industrial
tenants. The minutes from the 1980 zoning public hearing indicate that even the owner
was unsure of whether the building would be occupied by either industrial or commercial
tenants. By design alone, the building appears to be an attractive multi-tenant
commercial complex. The University Billiard business' legal council has provided a
summary of the tenants who occupy the space within the complex, and have indicated
that all could exist within the confines of the C-2 permitted uses.
The proposed zoning is inconsistent with the City's Comprehensive Plan. However, a
minor Comprehensive Plan amendment has been requested by the petitioner to rectify
the inconsistency.
Minor Comprehensive Plan amendments are permitted, but must not only approved by
the City Council, but the Metropolitan Council as well. Certain criteria must be met in
order for a Comprehensive Plan amendment to be approved by the Metropolitan
Council. This criteria are as follows:
• Impact on Metropolitan Systems. This modification will not have an impact on
Metropolitan Systems.
• Changes to Urban Service Boundary. The City of Fridley is a first ring suburb
that is entirely with the urban service boundary as defined by the Metropolitan
Land Planning Act (MN Statutes 473.851-473.872). Impacts to the boundary do
not apply to this proposal.
• Changes to Timing and Staging of Urban Service Area. Staging of the urban
service area does not apply to this proposal since the area is within the entire
urban service boundary.
• Wastewater Treatment. There will be no increase in the amount of wastewater
treatment necessary as a result of changing the land use from industrial to
commercial.
• Discharge to More than One Metropolitan Interceptor. Flow from this
amended area goes to 4-NS-521 in accordance to regional plans. Flows will not
be diverted to another interceptor.
Picture of building from the north
Picture of the building from the south
Commission/Staff Recommendation
The Planning Commission held a public hearing on both the rezoning and
Comprehensive Plan Amendment items on April 20, 2005.
Rezoning
The Planning Commission recommends approval of this rezoning request.
• Proposed rezoning will provide consistency for zoning designations along the
western edge of the University Avenue Corridor.
• Proposed rezoning will allow the current uses of the property to better fit the
zoning code requirements.
Staff concurs with the Planning Commission's recommendation.
Comprehensive Plan Amendment
The Planning Commission recommends approval of this Comprehensive Plan
Amendment.
Proposed minor amendment will provide consistency for zoning designations
along the western edge of the University Avenue Corridor.
Proposed minor amendment will not have an impact on
Metropolitan systems.
Staff concurs with the Planning Commission's recommendation.
ORDINANCE NO.
AN 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.
Lots 4 through 6, including Block 1, Paco Industrial Park, exceptnorth
35 feet of said Lot 4, subject to easement of record.
Is hereby designated to be in the Zoned District C-2 (General Business)
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 M-1
(Light Industrial) to C-2 (General Business).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
OF , 2005.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing. May 9, 2005
First Reading:
Second Reading:
Publication:
�
� AGENDA ITEM
��F CITY COUNCIL MEETING OF MAY 9, 2005
FRIDLEY
INFORMAL STATUS REPORTS
ASSESSING DIVISION
�
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OF
MEMORANDUM
----------------------------------------------------------------------
TO: William Burns, City Manager ��
�
FROM: Mary Smith, Assessor
DATE: May 5, 2005
SUBJECT: Board of Appeal and Equalization
May 9, 2005
The continuation of the Boazd of Appeal and Equalization will take place on Monday,
May 9, 2005 at 7:00 P.M. At that time, Mr. Samy Ahmed of 5683 West Bavarian Pass
NE will come before the Board to appeal his January 2, 2005 assessment of $158,600.
Attached you will find information provided by both the Assessing Department and Mr.
Ahmed. The attachments are as follows:
� A list of sales of split foyer townhomes that occurred from October 1, 2003 to
September 30, 2004 (State Sales Study period)
• Mr. Samy Ahmed's information received from realtor.
• Assessing departments' review of subject property using three sold properties as
comparables and making adjustments for the differences. Upon completion of
adjustments an average value was determined at $176,400.
• Map showing location of subject property along with properties realtor used for
owners' information and properties that Assessing used as comparables labeled
accordingly.
• Inspection Departments list of building permits issued to subject property.
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Prepared on:
November 24, 2004
Type of Presentation:
Listing Presentation
Prepared by:
Dawn Jarl
Counselor Realty.Com
Prepared for:
Samy Ahmed
5683 West Bavarian Pass
Fridley, MN 55432
Subject Property:
5683 West Bavarian Pass
Recommended Price Range:
$152,552 to $161,988
Summary of Presentation
Selected Pages:
Listing Pres. Cover Page w/Agent Photo
Listing Presentation Cover Letter
Why Choose Our Company?
The Counselor Connection
More Marketing, More Results pg1
More Marketing, More Results pg2
Determining the Value of Your Home w/Subj
Property
How in the World Will Buyers...
Pricing Your Home
The Importance of Intelligent Pricing
Overpricing vs. Market Time
Subject Property Page with Picture
Summary CMA
Picture CMA (3 props per page)
Columnar CMA (5 props with Subject)
Price Adjusted CMA
Property Graphs
Recommended Price Range
Marketing Plan Worksheet
Services You Will Receive
When an Appointment is Made
Preparing Your Home
Listing Presentation Conclusion
Comparable Pro erties:
Status Mls # Address List Price Sold Price
A 2335196 5624 Bavarian Pass Wes $174,900
A 12343077I 5612 Bavarian Pass Ne �$187,900
S I 232373215605 W Bavarian Pass N I$139,900 �$130,810
S 2226437 5663 Barvarian Pass (W $174,900 $171,000
S 2287414 5415 Bavarian Pass $174,900 $170,000
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ADDRESS
BASE AREA
STYLE
STYLE ADJ
YR BUILT
AGE COND
X-BATHS
GRADE
QUAL ADJ
FPL
AIR COND
GARAGE
BSMT/FIN
FIN QUAL
PCH/DECKS
WALKOUTS
SALE AMT
SALE DATE
LAND VALUE
STR VALUE
TIME ADJUST. 8.5%/YR
NO FPL
AIR COND
X BATHS
GARAGE
B FIN
GRADE/QUAL
PCH/DECKS
WALKOUTS
STYLE
AGE ADJ
SIZE
SIZE $
TOTALS
ADJUSTED SALE AMOUNT
- LOCATION
ADJUSTED TO SUBJECT
GAR VALUE
FPLC VAL
BATH VAL
*SIZE ADJUST PER S.F
SUBJECT
24-41-204
5683 West Bavarian Pass
798
PTSF
0.00%
1978
.O115/yr
1
6
1
51,200
484
718
$20
$0
$0
$34,100
$22
$1,200
$1,200
$79.87
REVIEW
COMP #1
24-41-173
1525 Trapp Court
798
PTSF
0.00%
1979
-0.50%
1
6
0.00%
0
51,200
484
570
$20
$1,5311
$0
$159,500
Nov-03
$34,100
$125,400
$11,574
S1,Z00
SO
$0
$0
52,960
$0
(51,530)
$0
$0
($627)
0
SO
S13,577
5173,077
$0
5173,077
COMP #2
24-41-212
5663 West Bavarian Pass
AVERAGE AFI'ER ADJUSTMENTS
$ 176,366
798
PTSF
0.00%
19'79
-0.50%
1
6
0.00%
1
$1,200
484
570
$20
52,290
$1,250
$171,000
Apr-04
534,100
$136,900
$7,776
$0
$0
SO
SO
52,960
$0
(52,290)
(51,250)
SO
�$��
0
SO
$6,511
5177,511
SO
$177,511
COMP #3
24-41-167
1531 Trapp Court
984
PTSF
0.00%
1979
-0.50%
1
6
0.00%
1
$1,200
368
577
S20
52,520
S 1,250
$184,000
Apr-04
534,100
5149,900
S8,514
SO
SO
$0
52,552
52,820
$0
(52,520)
($1+250)
SO
($7S0)
(186)
($14,85�
($5,490)
$178,510
SO
$178,510
�---� BOAE
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REVIEW
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�OCATION
LOT 3
Psrmit No.
14,155
?222
7029
8761
12,215
23,776
24,014
24,148
14,496
28,676
13,120
04-01996
INSPECTOR OF BUILDIlVGS
Ahm�5683 West Bavarian Pass N. E. OWNER Da�-� —�,--�'a-�-� �e�ae�.e�� Eo��-:
BLOCK 14 ADD. Innsbruck Villages
Cons2ruction
Building Permit(T.H.)
Plumbing Permit
Heating Permit
Water & Sewer Permit
Electrical Permit
Electrical Permit
'Building Permit(Reside)
uilding Permit(Reside)
Heating Permit
Electrical Permit
Plumbing Permit
Building Permit(Reroof)
Dat�
6/13/77
7/21/77
7/21/77
8/12/77
8/ 26/ 77
9/29/95
3/15/96
5/7/96
2/28/O1
3/8/Ol
4/26/O1
10/26/04
Contractor
Darrel A. Farr Const.
Key Plumbing
Geo. Sedgwick Heating
Key Plumbing
Ftoyal Electric
Hunt Electric
Columbus Exteriors
Columbus Exteriors
[Ziver City Sheet Metal
Dependable Electric
Lindman Plumbing
Allstar Construction
5C83 T�es,t Hay��.�n �ass, N �E�
�
�2 �� i /`1 �..:� ".�`-{ �^:; ,� �..�. ,,� � � �
1V(�.---;,,� !-��-�-- ��-�- -€-��� �:� �.-�,.�..
�
Cos!
$ 101.00
38.00
35.00
37.50
30.00
15.00
112.25
See Permit
30.00
20.00
20.00
See 5681
Final
7/11/ 78
11/29/77
8/29/78
12/1/77
]n/7�/95
REEUNDED
5/1/96
2/4/02
9/28/O1
4/3/03