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05/09/2005 - 6078F � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 7:30 p.m. — City Council Chambers Attendance Sheet Please �rint name. address and item number vou are interested in. l�r�at Name (CYearlyj Address I���n 11�1"0. �' _: � �,.:..,���I f�,,. !:� {�Sf r� c2n) r�. l�v ���� `tf i �%ti' j�.'-� L i cc�.S a "�' ' ��c.�� ° ' �� � � c' G- � � ; �.,, �-� `�"r`�'�� �� �� ` // 6 ,,___� � i L� V /.% �� � , r`! ����i.. c. �' �.�� ���.-�c' �y �C.�1� L �. ���-yL, �,� �z�' =, �--� f�e'M �� �, �f � l.�i� S, h�1. � S �,�-�e z 1� !o�-> g , ti w 1`r c �1'�''�''� `l7 FS� l,lr�'ve Cir:,�c �; �,�s M� N�:�.G�,s,�.�.-t� � � � � �� .� a r ✓ � )�., �� �� ,./ l� / -� �. >i,. . �il% r r� �'« �� �i��' r � � `� 1 �..4/I ��---f !/ � `` ��'�� \ � r , �n/.� 1 "�ja"'y\ S�' � � �` � r��1�lN f � � CITY COUNCIL MEETING OF MAY 9, 2005 �ffY �F 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. � � � �� � �� � 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 � � � �� i �� � 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 � � � / MEDIATION SERVICES FOR ANOKA COUNTY DAY May �4, �oos , , 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 � � � / PUBLIC WORKS WEEK May i6 - ��, �oos �. , 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. � X N. . . . . . . . . . ��� . ~ ''. ��. �Q � � � � � . � � � . . .. . . . ^ _ . 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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. _S � ...i..: ��.�. : € �"Y'q���. Zoning Map detail # �� �I � � � � � � k _}s` �'°� e, y,� _ � � � � h � _:. � _ � .� 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. _S � ...i..: ��.�. : € �"Y'q���. Zoning Map detail # �� �I � � � � � � k _}s` �'°� e, y,� _ � � � � h � _:. � _ � .� 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 � � 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. w a �T� VJ F� � �� � W Q �-• w � O 0 N 0 0 0 0 0 0 0 0 � CO O N N CO � q n � � � � � � � � Q a0 t0 a0 aO c0 a0 a0 a0 �n' N N N N N N N N O O O O O O O � O O O O O O O � O� a0 - c'� � �O (O CO W � ao � t�0 v cao � i 1� M �fl � � � fJi 69 69 69 VJ 69 EiA V► W o o O O O o 0 0 a N N N N N �V �V N f0 f0 M � M O � n � � � � � � V � � W a °o u°� °o u°� °o °o ° o° v� - c� � a� � rn �°c n � � ifl v� iss iA ifl ia us m � `n° n � o � � n � ao v o ao � o�i n rn � o�i m o°�i n Q cNn ° � � � � ° � N Y N � � � N 0 J J � a �n v� a � a a Qaoa000aa LL N O � .- N O � � � � O O O O O O O O Q .- .- .�- �- � � � � m Q � � ��p (�O c�0 � t�0 a�0 (' M Q M M M � � � Z OD O f� '7 GO N N O mM �f �^q � M 1NCJ � 'nC' Yn'> N v a a a a a a a a J et h f0 LLY O M n N � � �- N N � N a � � v v v v v v v o � o co �n . W N N N N N N N N � ��,- � � GO �l7 � � a a a Z Z 2 V Q Q Z J � � � N Q a a� a m a¢ a cWi � � ��� 3 3 w� 3 LL a�w �a °a ° � � � � � �' � o > > > z a a a w O N Ol f0 a 0 N � N .0 Q � � 0 � ,' Tooll�Y�Ll'�'�.com Save Help Exit Select Presentation » Select Documents » Prospect » Load Listings » Select Properties » Subject Property » Price Adjusted CMA » Marketing Plan of Action » PrinC » Summary The following is a summary of the Listing Presentation you have created. You may print this out for your reference by clicking the'Print this Summary' button. Print this Summary � Create Another Presentation ! Save Presentation � 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 , � � ) � � 7� c) �--�sz., �i�-��-- p 2004. Realty Tools, Inc. , ��y �J ���� �, �� L-�z � � , � ��L � L �' � / v� X--��i�j.�vt�iJ / ��J , `� ��L�:X�C-(.� /����-�� . E �� i C ��-,���� ��� ��wu.e�, .�-� J C��� c" � ���i/ „ "� - � �`� ' �/-�- �o� �f. !! ��s �� � ��� ���..� " �� y�7 �� � /��-o� / � �. �Z� ��� �,�� � �� i 0 �� � � l � � ' ° `� � ��. �� c� � � � � L1,'� \� ��- . , 0 PID 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 _� REVIEW � - _� 5683 W. BAVARIAN PASS ��' � 2430 4410204 � 5683 W BAVARIAN PASS NE �*- -- � / ' � / OCOMP #3 COMP #2 �. , 243024410167 243024410212 �� 1531 TRAPP CT NE �� - � % �� ����'+ � 5663 W BAVARIAN PASS NE � �T __ � i � , --'� N _ � � -�� � l� � � � � MLS #2226437 � ; 243024410212 -. TRAPp �' '' � 5663 W BAVARIAN PASS NE -�- � � a � �� - � ,_� ►- R:, - � �; � ��� COMP #1 � _ �� ! MLS #2323732 %� ' r 243024410173 —`^ 243024410237 ` O , 1525 TRAPP CT NE R 5605 W BAVARIAN PASS NE _- , , �L � �! G , _, .._ U � ;% INNSBRUC -: - - %��_ -- _ ;' , , — - _ �_ , j , ,, � ; Y__ __ - - LEGEND �—�w � -- �a � �_ _: _ ToolkitCMA.com Q-- - �- � ' �- BOHNHOF JCT � �� '` '�, ' City of Fridley (j Z` �_ L. _i L_�L_ _J � J � � COMPARABLE PROPERTY � � � , m � -- L_ Q �I , p - W �_j SUBJECT PROPERTY — � _ � - ,� � - Z � . _- , C � � -__ , �: Location � ,� Ivlap � m -_ __i — N I _ � I I � �_ _ �' � � `. �� : / BAVARIAN CT _ O �— MLS #2287414 � ^ ' � �_ 243024440083 � � 5415 W BAVARIAN PASS NE ' \ __ � � �� �` � � '� \., ` � � ��: � ' ,; eRF�NFR PqSS ,- ., • � �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