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04-14-09 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room April 14, 2009 6:30 pm or immediately following the HRA meeting 1. Request to Amend City Code - Allow Catering Establishments in Light Industrial Zoning District 2. Foreclosures in Golden Valley Presentation 3. Human Rights Commission Project 4. Proposed Golden Valley Town Square Landscaping Plan (Winnetka Avenue/Golden Valley Road) 5. Excess State Property - Golden Hills Redevelopment Area (TH 100/1-394) 6. Noise Ordinance/Ongoing Complaints Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. mate formats upon a 72-hour request. Please call o make a request. Examples of alte ats tte, etc. alley Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 14, 2009 Agenda Item 1. Request to Amend City Code - Allow Catering Establishments in Light Industrial Zoning District Prepared By Mark Grimes, Director of Planning and Development Summary DRAM Properties, LLC is requesting that the City Council allow the process to begin to consider changing the text of the Light Industrial Zoning District to permit (by right or conditional use) the operation of a catering establishment. The request is summarized in a letter from David Olshansky dated March 9, 2009. As background, Mr. Olshansky received a Conditional Use Permit (CUP) in November 2007 to operate adult day care in the building at 800 Boone Avenue North. The CUP allows up to 70 clients to be served in the building. On March 20, 2009, the City received a letter from the Minnesota Department of Human Services that indicates a license for the care of 20 adults has been applied for by a subsidiary of DRAM Properties. At this time, some minor building permit issues must still be resolved prior to opening the adult day care at 800 Boone Avenue North. Since the CUP was approved by the City Council in November 2007, the owner has been making improvements to the building required to operate adult day care. The improvements at the 800 Boone Avenue North building do include a kitchen that will provide food for the clients at this site and their other adult day care site they own within the City at 4949 Olson Memorial Highway. They are currently renting a kitchen off site to prepare food for the adult day care at 4949 Olson Memorial Highway. Any change to the Zoning Code is at the discretion of the City Council. At the present time, the property is zoned Light Industrial. Within that Zoning District, there is a long list of both permitted and conditional uses. When DRAM purchased the property in 2007, they were aware of the allowed uses in the Light Industrial Zoning District. If the City Council determines that a change is not appropriate, the City has not "taken" any rights away from the owner. The City does allow catering establishments in the Commercial Zoning District. If the City Council decides that this change is one that should be considered, it would be referred back to the staff and Planning Commission to begin the process to amend the Zoning Code. Attachments Location Map (1 page) Letter from David Olshansky dated March 9, 2009 (5 pages) ~ J 800 Boone Ave N I o " o <> o o " " " " 1 lil i~ Ii i> iili '2) " 8 o o " <) o o '00 rP' " " ., 00008 amB - 1m aam DRAM Properties, LLC. 800 Boone Avenue N., Suite 175 Golden Valley, MN 55427 Bus. (763) 417-8888 Fax (763) 417-9999 March 9, 2009 Mr. Mark Grimes Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Mark: I would like to follow up our conversation concerning the space at 800 Boone Avenue N., Golden Valley, MN 55427 and our sincere hope to make it into a beneficial and plausible catering establishment. As you know, we worked hard in the last few years to bring forth unique services which make our community a better place to live. Although the downturn in the economy is palpable, we hope to make our facility a resource that people can treasure. We continue to operate the Heartland Adult Daycare at 4949 Olson Memorial Highway in a manner that is both non-intrusive and valuable for the community. We have always tried to operate a well- organized, professional business that looks out for the people it serves; Currently, we serve a variety of nationalities, including American, Spanish, East European, and Southeast Asian and most people really enjoy our program. Thus far, we have fielded a lot of requests for a more affordable social atmosphere both from participants and from family members who simply cannot pay the asking prices of other Golden Valley locations. In asking for your permission to operate a beneficial and orderly catering establishment, I would like to provide some details that can help you evaluate our plan. From the community development perspective, our facility currently provides an organized adult daycare program during daytime and evening hours, and can also be used for cultural and social events for relatives and friends of those who utilize the daycare program as well as other residents of the Minneapolis-St. Paul metropolitan area, who would seek to host and/or attend social gatherings particular to their own respective cultural backgrounds. These gatherings could include life cycle events such as birthday parties, religious observations and confirmations, weddings, family reunions, holiday parties, retirement parties, and etc. Looking at precedent and the technical aspects of our plans, it appears that both Golden Valley and the seemingly strict St. Louis Park allow catering establishments in industrial zoned areas. Moreover, our site is accessible, not adjacent to single family residences, and offers sufficient off-street parking spaces. As we mentioned before, we are currently renting a kitchen elsewhere for our adult daycare needs. This is inefficient and particularly expensive. Our proposed catering establishment, however, will make it a lot easier for us to provide quality food to the people we serve. Moreover, we do not want to compete with general catering establishments both because that is not our business and because our target audience is different from theirs. The food cooked here would be made available for the adult daycare program and other scheduled onsite events only. We would not cater outside events. Our location can provide space in a manner that will engage the core audience and will complement other catering establishments in Golden Valley by offering a unique and beneficial public service. For example, we have thus far fielded over 25 requests by members of Baptist churches for affordable space where they will prepare their own food and sit in large groups at tables having discussions, taking pictures, and drinking water and cola. Thus far these people have had to limit the size of their parties because they had to take place at homes and in uncomfortable gymnasiums with no kitchen access. We have had many requests to use our facility for such purposes precisely because no other affordable opportunities exist. We believe we can get more community members involved and we believe we can do so without harming anybody's interests. As I stated in our conversation, we want this facility used in an orderly and inoffensive manner. We operate a professional business and our community image means everything to us. Prospectively, every event would be scheduled and every host screened. For each event, liability and damage insurance would be mandatory. Currently, we are not licensed to provide alcoholic beverages nor can nonlicensed participants or hosts bring them into the facility. We do not plan to seek a liquor license, though we would like the option to have our guests hire a licensed caterer with a liquor license if they choose to be served liquor on the premises and if they purchase the special insurance available for such events. As mentioned earlier, we want to operate this catering establishment in a legal, orderly, and inoffensive manner. We believe this space should be used for the purposes outlined above and we will not allow illegal, irresponsible, or contentious behavior on the premises. Weare very conscious about managing this facility in.the same manner that we successfully operate our other Golden Valley location at 4949 Olson Memorial Hwy. We want to do everything right, we do not want to sell the property to anyone else, and we believe we can provide a valuable service to the community that few others can. As you can see from the enclosed pictures, this is a unique facility and different event layouts can facilitate a variety of appealing celebrations. As an added benefit, we would also extend the opportunity to the city of Golden Valley for community recognition events, as well as any other city-sponsored event or program. Weare serious about adding value to the community and in these negative economic times, we can provide a positive service that is sure to please. I hope the attached pictures show our high standards and dedication to professionalism. We seek your permission to operate a catering establishment in a manner and for the reasons described above. If you have any follow up questions or would like to tour our facility, please do not hesitate to let me know. I are more than willing to work with you to find a suitable use ofthis property in a manner that will make the City of Golden Valley proud of us just like it is with our current services. I know that we can be an asset to this city. ~ ~f, 1) ;.,.12 ;f"/J< f::Z' !i r,1 ~" . ,. .. ';~i;%i ':;i~&~;;; ~?.~~<; '<'" " . c . ~ ;ut .j- <, -. ~ <, ,'" :,: <. 1. ,'~ r" '.' , ..;.. j. ~ 1...1 D .': ., .... r'}: .~. "i' ~I-, / " ..; .' , I 1:1 9 -' .' 'I. ~.~ -,.} " - r ..ip j~~' .;v-_ .} .":',; )~,.. . - $";'}f ~:ti 'w. ........1 ..'t.' ~h ;"'l .~ -, , ". .. r .. I"l ~ l n L I J -..; ~ I I ~ I l.. 'f ,- ! I tt1;- III I . :.-"''li. ~. 'J . ~ '. -If '. " p t ~ \., :1 f l ... II /' l L r r- ,. II f ...r-r;;~ :.f _: .. , -~ . . .. I~ rr""~ 0 ~ ----- - - 'fi' " I .{ Ii / ::i~<. '" rfJ\' ~ :.r~ 1 '"" ,~~ - - ~; ~ ~ (~ ~r ~ ! I I I o~ o o a 1:11 ~ . . ~~ " ~- . -- alley M morandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 14, 2009 Agenda Item 2. Foreclosures in Golden Valley Presentation Prepared By Joe Hogeboom, City Planner Summary In the past four years, the number of foreclosed homes in Hennepin County has risen at an alarming rate. Although the vast majority of home foreclosures are located in the northern section of the County, numbers of foreclosed homes have risen throughout the rest of the County as well. The Planning Department, in coordination with the Inspections Department, has comprised a presentation that discusses mortgage foreclosures in Hennepin County. In addition, staff will update the Council with the foreclosure situation in Golden Valley, as well as the City's response to abandoned residential properties. Attachment Foreclosures in Golden Valley, PowerPoint Presentation (16 pages) 14 ,'" ...~ r~") ..:: ~l ~ , ~, r'..~ - .., . - ~. ~ ~J. . - I~ ~ Background Terminology - -.- .~ - - ------ - -. - ----- - - - -- - - - .. D Foreclosure: A legal procedure whereby property used as security for a debt is sold to satisfy the debt in the event of default in payment of the mortgage note or default of other terms in the mortgage document. The foreclosure procedure brings the rights of all parties to a conclusion and passes the title in the mortgaged property to either the holder of the mortgage or a third party who may purchase the realty at the foreclosure sale, free of all encumbrances affecting the property subsequent to the mortgage. Background Terminology -- - ------ - ...----- --- - ---- - -------. o Mortgage: An interest in land created by a written instrument providing security for the performance of a duty or the payment of a debt. o Mortgagee: The entity, usually a bank or financial institution, who lends money to a borrower. o Mortgagor: The person who borrows the money from a lender to purchase a property. Background Terminology - -- - - ---- -- -- ---- ---- ------- D Adiustable Rate Mort~Armh A loan with an interest rate that fluctuates based on a specified financial index, such as Treasury securities, or the 11th District Cost of Funds, etc. D Assumable Mortg"g,u A mortgage that can be taken over ("assumed") by the buyer when a home is sold. If interest rates have risen, an assumable mortgage at a low rate may prove a selling point for the property. Background Terminology -_._-~------ -- - - - D Bankruptc~ An action filed in a federal bankruptcy court that allows a creditor to reorganize or discharge credit obligations due to insolvency. A property owner may halt foreclosure action by filing bankruptcy. Bankruptcies remain on a credit record for seven years and can severely limit a person's ability to borrow. Background Terminology - o Redemption Period: The time allotted to the mortgagor to reclaim his/her property after it has been sold at an auction. o Sheriff's Sale: The sale of a property to satisfy a debt or iudgment. o Short Sale: The sale of a property under or at market value that's lower than the loan balance. Foreclosure Process In Minnesota Foreclosure by Advertisement ;i':;:: 2''':; ~:f:r~:'" ":'~T~;:i~ ~:~;~ f~' , c ,,,~,__ '"_'0'_ ,", ~_,... .paymenec r% :~-'.>' /. :T- -::, _ '~~j -:~,- ,_.". '"~l~[~:~fY:~~ Missed;":.' , . -. .'" .1'.... :".'.~ ,Payment.., ..,~k\.::. ( ~ ~I.."L"I~ ~WU! -' TO"'.',,,..'::.....;:. -,:- ";-c.l;-r", -"6th' d" ,. ". _.' /'. Missed~ Paym.erih, . -"'''''~-':_+~."'::.'''-'~''-''&f'O"'- Lender calls ( Collections I Collections Account Foreclosing I Occupant ) I Sheriff's Sale and sends department efforts forwarded to attorney served with occurs. letter(s) to continues continue. foreclosing schedules notice of homeowner. I calls and Sheriff's Sale Sheriff's Sale. I {Deadline to attorney. letters. Transfer to date. bring foreclosure Legal fees (Four weeks mortgage department. accrue. , before sale.) I cu rrent.) 3D-day I 'Notice of Attorney Sheriff's Sale default letter Intent to sends notice date sent to Foreclose' to published for homeowner. sent to homeowner. 6 consecutive homeowner. weeks. tender has fight to refLl~e partIal payments. Late fees charged each month. Homeowner has right to reinstate by paying delinquent amount including all fees. f!QLf.: This document represents overage timeframes and wifl vary by lender. Information is not presented os legal advice. &:J 2008 Minnesota Home Ownershio Center 6 month redemption period immediately follows Sheriffs Sale. Homeowner retains rip,ht to occupy house and payoff entire mo~tp,age including fees. I\'lust payoff mortp,age or vacate house b'l end of redemption period or face eviction. ~~ Minnesota ~~,... I ,... Home Owners_h!p Center .",...n.. hnt''''''' n,o Hennepin County - . - - --- -- - - -- ------ - - -- - o 2005 - 1,670 foreclosures ....., I I o 2006 - 3,039 foreclosures o 2007 - 5,668 foreclosures o 2008 - 7,348 foreclosures Hennepin County 6 Hassan Corcoran Medina --- N ~. Independence Mlnnetrlsta -- ---~ January 1 September 1, 2008 1. New Hope 2. Crystal 3. Robbinsdale 4. Hopkins 5. Osseo Corcoran Medina Foreclosures by area 0-50 51-100 101-200 201-500 501-1000 2000+ I I I I , '- !IJ=l -~ Hennepin County - ---, Distribution of Foreclosures By City Hennepin County 2006 -."" '. n-v_ \ . F~ (TctalReco<<ls: 3.0391 - C~'iOOe'r[M.td BwndM)' CCUnfof FolWClcK",.. Qu;,nl,,-9yC,ry 0." C<wTWnrUGl..- OiIlnd 1 2 3 51. tOO _'01.200 .. 201.400 _0101.1578 ..... " . .,'XlVl' N + . . ~ .' ! , ,...iH . .' .., ...).... T.... ..., 1000 207 '22 "0 ". "" . '. . ~ !' .' OISTlaCT 7 '. . . '. . ...Tll1CT' eu_.'~ ":"''''...... -.. r""~.1 ,: 1$11_...... . . . .... o 1 2 . 6 8 10 _,,:_-==-=_===_Miles o..s-~ :oo6~.E""1C .....-p.llc-.ty5Nf'tll'.0IIlc. ToI.."'KClfd.'039 ,,-,",..'U1t""'~~ 21050 I'!l'l ~UMooCU,...,G--.d '3.& 1~'1 Hennepin County - - --- - - - -- - -- -- ------- -- - ---- ---- -- --- .. - - - - - --- - - Hennepin County Foreclosure Taskforce D County Administrator D County Assessor D County Attorney D Housing, Community Works, and Transit D Human Services and Public Health D Office of Budget and Finance D Sherriff's Office D Taxpayer Services Department D County Recorder _ _ _ _ _ _ _ _ _ __ --J Hennepin County - -- - ------ ------ - - - - - -- D Sheriff's Department Administers foreclosure sales Serves foreclosure notices -. - Golden Valley --- --- -- --- - ..-- - -- -- D 6,878 total owner occupied housing units D 6,629 total single family homes D 97% single family homes are owner occupied I I I I I I ~ I I l I I I I I I I I I I I I I I I I I I I Q) I I ~ J I V) I 0 I Q) - ~ U J Q) V) ~ 0 0 - U "'I- Q) c: ~ e- O V) >--. "'I- Q) c: E (I) e- O - V) - I .... ..c e- ~ I c: >-. I J - I e- I I 0) E I I c: c t: e- "'l- I - (I) ~ - ~ Q) Q) -0 I ~ - , 0) - "U c: 0 e- . N V) 0 ~ ~ 0 Lt') . l _ 0 I Golden Valley _I ----- -- - - - -- -- -- -- - D Concerns: -- I I . Property Maintenance . General Safety . Functionality of TownhomejCondo Buildings Resources for Residents _. .- - -- ----, _ _ _ _____ --.J --- - - - - -- .---.-- o Minnesota Home Ownership Center . free foreclosure prevention counseling . www.hocmn.ora o Hennepin County . free informational sessions at County libraries . h!!p: /.1 www.co.hennepin.mn.us / o Minnesota Attorney General's Office . Free foreclosure assistance consultation . h!!p:/ /www.ag.state.mn.us/Consumer.lMiscellaneous/ForeclosureA ssistance.asf;2 alley Memo ndum City Administration/Council 763-593-8003 I 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 14, 2009 Agenda Item 3. Human Rights Commission Project Prepared By Thomas Burt, City Manager Summary Council Member Scanlon asked that this item be placed on the agenda. Hey Memo ndum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting April 14, 2009 Agenda Item 4. Proposed Golden Valley Town Square Landscaping Plan Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary Rick Martens, representing Town Square, has submitted a revised landscape plan for consideration by the City. Staff is in the process of reviewing the plan and will provide the Council with their review at the meeting. Town Square is located at the northwest corner of Golden Valley Road and Winnetka Avenue. It appears that most of the work will be undertaken within the City right-of-way and a right-of-way permit will be required. Attachments Golden Valley Town Square Maintenance and Sustainability Plan (1 page) j ~ ~ j ~ Remove Existing Ash which blocks viscidity of Golden Velley Town Square Architectural Elements (8 Total) For thIs Area See Golden Valley Town Square. Lower Wall Plans Remove and replace existing resource Intensive ~____ ______e~~_tJ..'W.!_ ~t!L~alt toIerent low maIntenance plants IS Winnetka Ave Remove ExIsting Ash which blocks - vIscidIty ofArchJtectural Elements Remove Existing Arborvitae Hedge Blocking Store VIsibility Replace with Karl Foerster Gress Hedge ExIsting TrellIs This proposed planting plan replaces the existing resource Intensive plantlngs that block the visibility and architectural elements of Golden Valley Town Square. The existing plantlngs are replaced with Salt-tolerant. Low- maintenance. Xerlscape perennials. The Required Maintenance of this proposed planting would be transferred to Golden Valley Town Square when approved. Golden Valley Town Square - Mai!!te!l-l:i.J:!ce and Sustainability Plan J.,.lalNP TI I I 8 ~""kq'r..' 1MN\1"-5 COMMO\t ~ 5r.l;vrr/C~ $ !?6 lia.lil ~,,' 5Ida a. 0-0' 0 Z1 I/tit'O'lkB v.....,....'p~' e 21 a-.. 5aqo P_'~IoIlo~t.' . 19 50M ~dwcoa p"""",, . 19 1ew:l....a ~....''''''~' 1~D5 COM/KJ\ \Pm ~\lIIFIC~ . !? ,"," Clow Jr"" J..-... horI7ortal. '~Ir. "","' @ 6 'Caiqr~ Carp.t,' .J.>ipr ~.al~~1 (i 6 ChIIn t.b~ 51>"" a.tmool1fclla'Illo.~' ~ 1 ~",,\'A1fIe I~..... ~ COM/KJ\ \N/t. I 5a\l11'1C NAMt: I '* '1 hw...11MD ~n5PCJ1'_OO '!VIa. .oel/5re~' 0 ~lieR VIcInlly Map D &' 10' 10' . ~~~~ ~IO_IllIt__.""1IIIf1lll"'~,,"" Hey Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 14, 2009 Agenda Item 5. Excess State Property - Golden Hills Redevelopment Area (TH 100/1-394) Prepared By Joe Hogeboom, City Planner Summary The Housing and Redevelopment Authority (HRA) has previously discussed whether or not to become an intermediary in the sale of excess Minnesota Department of Transportation (MnDOT) land at the intersection of TH 100 and 1-394 in the Golden Hills Redevelopment Area. Two development proposals were presented at the HRA Special Workshop on January 13 and the HRA expressed interest in further consideration of a proposal for hotel uses. The hotel developer has lost interest in the site, but another developer, Commercial One Properties, has recently informed the staff of its interest in purchasing the site. Commercial One Properties' plans for "the Pointe West" provide for a six-story medical office building with an attached six-story parking garage and a six-story multi-family residential building. Staff met with Commercial One Properties to discuss the proposal, as well the opportunities and constraints of the site. The proposal anticipates ponding and other landscaping features to be located on the adjacent apartment parcel, which has been discussed with the property owner. The site plan shows no disturbance to existing buildings in the general vicinity of the site. Proposed preliminary access to the site is shown to be the vacated MnDOT alleyway, directly north of the existing restaurant building. Commercial One Properties has indicated its willingness to negotiate alternative access points with adjacent property owners, if requested by the H RA. MnDOT has decided to permanently retain a small section of land along the access ramp to westbound 1-394, and has therefore revised its initial appraisal. The land is now valued at $1,400,000. MnDOT has recently stated that if no action is taken by the HRA in the immediate future, the land will be sold via public auction. Staff asks for direction from the City Council in pursuing the purchase and development of the site in conjunction with Commercial One Properties. Attachment Location map (1 page) "The Pointe West" site plan (1 page) ft"~ .. \ \ \ \ \ \ \ , , , , ' , ' , . , ' , I I',",':J' CIRCLE DOWN L EXISTING OfFICE BUILDING ~. G <1 ( /' ! I ,~~~__-=="".~~.-c:--::-:-;':';:;::]: I Ii: I I ! : I~' ~,:,:,..."""""'------_"~~W~:-.: ", . ,-,' ~ : ~ i [ ~ . ~ ' ~ f . i ; , ; ; : : ;"'jl"-+-~r+-tT-.L..L.;._L.I'-:-:; , , ; G GG G8 GGG GG G G( G \:.. ,~, ", ~, ::;::::::;:::;::--:-:--,:;::;::;=;-::---:-::::;=:;:=:'=':-;--~:::;:::;:;:::"-::--~--:--:--':---:-;-'~: I DEVELOPMENT SUMMARY =.J SITE AREA+/-, '1.02 ACRES G STORY LUXURY APARTMENT, 138 UNITS IGO PARKING SPACES ON 2 LEVELS BELO'" GRADE % SURFACE PARKING SPACES G STORY MEDICAL OFFICE BUILDING 78G PARKING SPACES ON G LEVEL PARKING RAMP 3'1 SURFACE PARKING SPACES - =----- . ~fL --- =:J .--r: ~ r---- - (i)SITE PLAN OPTION "3 N SCALE " . 00'-0' $ GOLDEN VALLEY, MINNESOTA 4-7-09 -. TUSHIE MONTGOMERY ARCHITECTS ~BAL ONE ~.L~OM MERCIA THE POINTE WEST Hey M morandum Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary Golden Valley Council/Manager Meeting April 14, 2009 Agenda Item 6. Noise Ordinance/Ongoing Complaints Prepared By Stacy Altonen, Chief of Police Summary Over the past several weeks, various city staff members have received ongoing complaints of noise ordinance violations occurring at Schuller's Tavern, 7345 Country Club Drive. Police Officers who have responded to the noise ordinance complaints have advised the complainant(s) that the noise level is reasonable and is not a violation of the City Code. The City Code language is not decibel-specific. However, complaint calls continue to be made to various city departments. Staff would like to discuss and update the Council on the issue at the meeting.