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07-02-24 City Council Agenda July 2, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Check Registers 3B.Licenses: 3B.1.Gambling License Exemption and Waiver of Notice Requirement - Church of St. Margaret Mary 4.Public Hearing 4A.Public Hearing Regarding a Request for Approval of a Minor Subdivision for Paisley Edgewood, Resolution No. 24-041 5.Old Business - None. CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2632 084 0010 and webinar password 1234. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2632 084 0010 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting July 2, 2024 — 6:30 PM 1 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting July 2, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 2, 2024 Agenda Item 3A. Approval of City Check Registers Prepared By Jennifer Hoffman, Accounting Manager Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: http://weblink-int/WebLink/Browse.aspx?id=1037405&dbid=0&repo=GoldenValley The check register(s) for approval: 06-18-2024 Check Register 06-26-2024 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 3 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 2, 2024 Agenda Item 3B.1. Gambling License Exemption and Waiver of Notice Requirement - Church of St. Margaret Mary Prepared By Theresa Schyma, City Clerk Summary Church of St. Margaret Mary, 2323 Zenith Avenue North, has applied for a Gambling License Exemption to conduct gambling (bingo and raffle) for their outdoor Fall Festival event on September 15, 2024. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of St. Margaret Mary, 2323 Zenith Avenue North, to conduct gambling (bingo, pull-tabs, and raffle) at their Fall Festival event on September 17, 2023. 4 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 2, 2024 Agenda Item 4A. Public Hearing Regarding a Request for Approval of a Minor Subdivision for Paisley Edgewood, Resolution No. 24-041 Prepared By Kendra Lindahl, Planning Consultant Alma Flores, Community Development Director Darren Groth, Assistant Community Development Director Summary The applicant is proposing to subdivide two lots to create three lots. The two lots have existing homes that would remain (on Lot 1 and Lot 3) and Lot 2 would be created in the rear of 200 Edgewood Lane for a new home. Access to the new lot would be from Paisley Lane. The Planning Commission (PC) held an informal public hearing on March 25, 2024 and voted unanimously to recommend approval of the request. On June 4, City Council remanded this item back to the Planning Commission for a second informal hearing and to ensure the applicant sent the required second notice in addition to the mailed notice from the City. The applicant sent the notices and held a neighborhood meeting at City Hall on June 10. On June 24, 2024, the Planning Commission held their second hearing and voted unanimously again to recommend approval. There are draft PC minutes attached to this item since the meeting occurred on June 24, 2024 and thus, provided as background to the discussion. As a subdivision request, City Council is acting on this item in a quasi-judicial capacity. When serving this role, the City Council is acting in a judge-like manner to determine the facts associated with the application and must apply those facts to the legal standards and specific criteria contained in City Code and relevant state statutes. In cases such as this one, City Council is called on not to determine what the law should be, but to apply current law to the specific subdivision request. In acting in such a role, the City Council has less discretion and must confine its consideration of the application to the existing approval standards and criteria. In general, if an applicant meets the relevant legal standards and specific criteria in City Code and relevant state statutes, then the application likely must be approved, and the City usually has no basis to deny such a land use application. Financial or Budget Considerations N/A Legal Considerations 5 The City Attorney has reviewed and approved the title work for the subdivision. The City Attorney has not reviewed the individual resolution; however, they were created using an approved template without changes to the template. Equity Considerations The applicant's request was part of an informal public hearing at the June 24, 2024 Planning Commission meeting which provided in person and remote options for residents to participate in the process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. Recommended Action Motion to adopt Resolution No. 24-041 approving Minor Subdivision for Paisley Edgewood. Supporting Documents 2024-06-24 PC Packet_Paisley Edgewood.pdf 2024-06-21 email from Jake Hartman.pdf 2024-06-24 letter M.Anderson-Edgewood-Paisley Statement of Concerns for 6-24-24 PC.pdf 2024-06-24 email from Julie Johnson_Subdivision 220 Edgewood Ave N.pdf 2024-06-24 email from Tom Berscheid_227 Paisley.pdf Planning Commission_ Meeting Minutes - 06-24-2024 (draft).pdf RESO_24-041_-_Approval_of_Plat_-_Paisley_Edgewood.docx 6 1 Date: June 24, 2024 To: Golden Valley Planning Commission From: Kendra Lindahl, AICP Consulting City Planner Subject: Informal Public Hearing – Minor Subdivision at 227 Paisley Lane and 200 Edgewood Avenue North Property address: 227 Paisley Lane and 200 Edgewood Avenue North Applicants: Brian D. Walvatne Property owners: Brian D. Walvatne and Emily Kuhmuench Zoning District: Single Family Residential (R-1) Lot size: 0.552 and 0.674 acres Current use: Single family Residential Proposed use: Single Family Residential Adjacent uses: Single family Residential 2018 aerial photo (Hennepin County) 7 2 Summary of Request The applicant is proposing to subdivide the two lots to create three lots. The two lots have existing homes that would remain (on Lot 1 and Lot 3) and Lot 2 would be created on the rear of 200 Edgewood Lane for a new home. Access to the new lot would be from Paisley Lane. Existing Conditions The subject property is zoned R-1 Single Family Residential and is also guided for the same zoning classification in the City’ s Comprehensive Plan (Low Density Residential). Neighborhood Notification and Public Comments An informal public hearing was held on March 25, 2024. As required by ordinance, a neighborhood notice was sent on sent on March 14th. The City Council held formal public hearing on June 4, 2024. As required by ordinance, a neighborhood notice was sent on sent on May 22nd and published in the paper. Two residents spoke at the public hearing. A written request was sent by residents asking the Council to table the item because the applicant did not send a separate notice as required by the City’s Neighborhood Notification policy. The Council tabled the item and directed it back to the June 24th Planning Commission and July 2nd City Council meeting. A neighborhood notice of the 2nd informal hearing at the June 24th Planning Commission was sent on May 22nd. The applicant send a letter to meet the City Neighborhood Notification Policy requirements and held a neighborhood meeting on June 12th, which was not required by the policy for a minor subdivision. Minor Subdivision Eligibility In the City’ s subdivision code (Section 109-119) there are three conditions laid out for a request to be considered a minor subdivision action: 1. The land to be subdivided or consolidated must be part of a recorded plat or a recorded registered land survey (RLS). 2. Consolidations may involve any number of parcels, but subdivisions shall be limited to the creation of four or fewer lots from one or more original parcels 3. The subdivision or consolidation shall not necessitate any additional public investment in new roads or utilities to serve the lots. The proposed subdivision meets all three standards. 8 3 Figure 1 - proposed plat Staff Analysis The lots would exceed the dimensional requirements for the R-1 district as shown in the table below: R-1 Standards Lot 1 (existing home) Lot 2 Lot 3 (existing home) Lot Size 15,000 sq. ft.* 15,741 sq. ft. 15,000 sq. ft. 22,638 sq. ft. Lot Width (measured at setback) 80 ft. 99.5 ft 99.5 ft. 100+ ft. Front Setback 35 ft. 41.1 35 ft. 39.7 ft. Side Setback 15 ft. (varies) 18.8 ft. 15 ft. 23.7 ft. Rear Setback 25 ft. 25 ft. 25 ft. 25 ft. Maximum Impervious 50% TBD TBD TBD Coverage Maximum 40% TBD TBD TBD *All lots shall meet the 10,000 sq. ft. minimum area requirements of the R-1 zoning district, except that lots in the Single-family Residential (R-1) District created through subdivision after 2014 must be at least 15,000 square feet if the average of the R-1 single-family lots within 250 feet of the subject parcel have an average lot area of 18,000 square feet or greater, excluding from the calculation the subject parcel and lots less than 4,001 square feet. The applicant will need to provide the impervious surface and lot coverage calculations for the existing homes. There are no plans for the new lot at this time, but any new construction will be required to show compliance with these standards at building permit. The two existing homes are connected to sewer and water and Lot 2 will connect to utilities on Paisley Lane. This would not require any new routing for sewer/ water service. Engineering will require the hydrant to be removed/relocated by the applicant when the service is extended to the north side of the cul-de-sac for the new lot. 9 4 The lot new lot (Lot 2) does have some sloping topography falling from north to the southeast corner approximately 11 feet. This should not impact the buildability of the lot, but may require some regrading to better manage stormwater runoff. As required by the Subdivision Code, a tree inventory was performed in order to document all existing trees. This inventory will be reviewed by the City Forester and used to calculate any required tree replacement as the lots are redeveloped. A Tree and Landscape permit is required for the construction of a new single family home. Applicants are encouraged to preserve existing significant and legacy trees to the extent feasible. A City Stormwater Management permit is required for the construction of a new single family home. The existing sanitary sewer line is currently compliant for the City’s Inflow and Infiltration requirements. At the completion of construction for the new home, the new sewer service would also be inspected to ensure compliance. As part of the development review meeting, staff from all departments met and reviewed the application. Staff found that the application meets ordinance requirements and there are no outstanding comments or concerns. Qualification Governing Approval as a Minor Subdivision According to Section 109-121 of the City’s Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comments related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. The three proposed lots would meet the area requirements of the R 1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. The City Engineer finds that the lots are buildable. There is adequate space on the new lot for a home in compliance with setback requirements. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. One additional set of sewer and water connections will be necessary. Engineering does not believe the addition of the new lot will place an undue strain on City utility systems. 4. Approval of the minor subdivision may require the granting of certain easements to the City. Easements required by the City are not shown and the plat must be updated to show the standard lot perimeter drainage and utility easements. 10 5 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision, the agencies will be given the opportunities to comment. N/A 6. The City may ask for review of title if required by the City Attorney for dedication of certain easements. The City Attorney is currently reviewing the title work and is expected to complete the review prior to Council action. 7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of 6% of the estimated land value with 50% credit for existing units is required for this subdivision based on the finding that home owners will benefit from public parks and trails. 8. The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will be granted to any application that meets the established conditions. All conditions have been met. Recommended Action Staff recommends approval of the Minor Subdivision, subject to the findings and conditions in this report. Attachments: Location Map Preliminary Plat “Paisley Edgewood” Final Plat Minutes from March 25th Planning Commission Meeting Email from Matt Vlahos dated March 21, 2024 Email from Jake Hartman dated May 30, 2024 Email from Brian Walvatne dated June 2, 2024 with letter to neighbors Email from Marcia Anderson dated June 4, 2024 with attachments Neighborhood notification policy 11 BCWMC Mode le d1% C hanceInundation BC WMCJurisdiction City Jurisdictio n Sh orelan dOverlay Zo ningDistrict FEMA FloodInsurance Ra teMap 1% C hance(1 00-yr)Floo dpla in 0.2 % Ch ance(5 00-yr)Floo dpla inMarch 12, 2024 1 inch = 376 feet I 12 323334353637383940414243444546N00°46'48"W 99.50 136.8136.8227 Pa i s ley Lane 220 Edgewood Ave N59°01'17"E29.9378.28Δ=128°09'06"R=35.00N61°21'54"E 110 .19N34°19'35"W 175.36N89°29'31"W 65.04S00°43'57"E 205.77N89°10'41"W 294.92S89°11'51"E 294.99LO T 4 B LO C K 2 Pais ley Ln Edgewood Ave N SHEDLOT 1LOT 2LOT 3S00°46'48"E 99.55 99.5 53.03N81°28'19"EDESCRIPTION OF PROPERTY SURVEYEDLot 4 Block 2 Tralee, Golden Valley, MinnesotaSqFt = 24027 Acreage = 0.552the South 100 feet of the North 600 feet lying East of Edgewood AveN being part of Lot 3 of Auditor's Subdivision No. 322, HennepinCounty, Minnesota.SqFt = 29352 Acreage = 0.674Survey Notes1.Bearings are based on the Hennepin County Coordinate System.2.Site Address: 227 Paisley Lane, 220 Edgewood Ave3.This survey is based on the legal description as provided by theClient4.This Surveyor has not abstracted the land shown hereon foreasements, rights of way or restrictions of record which mayaffect the title or use of the land5.Do not reconstruct property lines from building ties6.Watermain and sanitary sewer information shown from recorddrawings provided by the City of Golden ValleyFOUND IRON MONUMENTLinetype & Symbol Legend MINNESOTA LAND SURVEYOR CERTIFICATIONI hereby certify that this survey, plan or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota.Dated this 10th day of March, 2024.___________________________________________________Kelly D Ness Minnesota License No. 45847SET IRON MONUMENTPRELIMINARYPLAT5775 Wayzeta Blvd #700St Louis Park, MN 55416info@skysurv.usTree Inventory: (Rod Rodman, ISA Certified Arborist)Tag # 32-White Oak 32" DBH-rating 3. two large cuts and a large tear-out on main leaderopen to decay, cavity and shear crack at attachment of large lead to southTag # 33-White Oak 16" DBH-rating 5Tag # 34-White Oak 21" DBH-rating 5Tag # 35-Red Pine 17" DBH-rating 5. 50% live crown ratioTag # 36-Red Pine 18" DBH-rating 5. 80% live crown ratioTag # 37-White Pine 12" DBH- rating 4. 40% live crown ratioTag # 38-Red Pine 16" DBH-rating 5. 50% live crown ratioTag # 39-Silver Maple 36" DBH-rating 5. several weak branch attachmentsTag # 40-Eastern Larch 10" DBH-rating 4. Main leader has been damaged by adjacent treeTag # 41-Cottonwood 30" DBH-rating 5Tag # 42-Cherry 18" DBH-rating 4. Damage to trunk at ground level-25% of cambiummissing with some decayTag # 43-Colorado Spruce 23" DBH-rating 3. 40 % live crown ratio with fungal infectionTag # 44-Red Oak 41" DBH-rating 4. Poor branch attachments throughoutTag # 45-Black Hills Spruce 10" DBH-rating 3. 30% live crown ratio with fungal infectionTag # 46- Basswood 41" DBH-rating 5. several minor stem girdling rootsPRELIMINARY PLAT: PAISLEY EDGEWOODAREASS.F.ACRESPROPOSED LOT 115,7410.36PROPOSED LOT 215,0000.34PROPOSED LOT 322,6380.52Draft copy - not for submittal2022-10-25 227 Paisley SkySURV-227 Paisley-Plat.dwg 13 14 15 1 Kendra Lindahl From:Matt Vlahos <mlvlahos@gmail.com> Sent:Thursday, March 21, 2024 3:06 PM To:Planning Cc:Darren Groth; Alma Flores Subject:Re: 227 paisley lane and 220 Edgewood ave n Thank you Kendra, Apologies for not geƫng you this email sooner, I am planning to have 5-10 people in our neighborhood sign my leƩer in agreement to not have this addiƟonal property created. I have already spoken to Peter who lives on the other side of 220 and he is of the same opinion as I am on not wanƟng this property created/passed. This will definitely devalue my property and Peter’s along with other older homes on the block. If this does get passed we will want the property to be staked and restric Ɵons on where the home will actually sit on the property as it slopes. I will be in aƩendance in some capacity on Monday as well. Thank you, MaƩ vlahos 612-812-7133 230 Edgewood ave n > On Mar 18, 2024, at 12:36 PM, Planning <planning@goldenvalleymn.gov> wrote: > > MaƩ, > > You can aƩend the Planning meeƟng on the 25th to voice your objecƟons or you may submit a leƩer or email outlining your objecƟons and I will share that with the Planning Commission. If items are received by Thursday at noon, I will be able to include the leƩer/email in the packet. If comments are received aŌer that date, they will be provided to the commissioners the night of the meeƟng. > > The Planning Commission will make a recommendaƟon that will be shared with the City Council. The City Council will make the final decision and is expected to act at the April 16th meeƟng. > > Kendra Lindahl, AICP > ConsulƟng Planner > > -----Original Message----- > From: MaƩ Vlahos <mlvlahos@gmail.com> > Sent: Sunday, March 17, 2024 10:17 AM > To: Planning <planning@goldenvalleymn.gov> > Subject: 227 paisley lane and 220 Edgewood ave n > > EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. 16 2 > > > Hello, > > I received the noƟficaƟon of informal public hearing to create another property out of the lot next to my house. > > I would like to know the formal process for this and how objec Ɵons are considered. > > If I need to file something or give you noƟce of objecƟon please consider this email my request for objecƟon to this proposal. > > Thank you. > MaƩ Vlahos > 230 Edgewood ave n > 612-812-7133 17 From:Alma Flores To:Kendra Lindahl; Darren Groth Cc:Theresa Schyma Subject:FW: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane Date:Thursday, May 30, 2024 1:34:34 PM Attachments:Outlook-zx33ouvn.png image001.png For the record. Thank you, Alma Alma Flores | Community Development Director | City of Golden Valley 7800 Golden Valley Road | Golden Valley, MN 55427 | P: 763-593-8008 C: 612-930-6357 | TTY: 763-593-3968 | E: aflores@goldenvalleymn.gov Pronouns: She/Her/Hers Book time with Alma Flores From: Noah Schuchman <NSchuchman@goldenvalleymn.gov> Sent: Thursday, May 30, 2024 1:33 PM To: Alma Flores <AFlores@goldenvalleymn.gov> Subject: Fw: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane FYI Noah Schuchman, ICMA-CM | Interim City Manager | City of Golden Valley 7800 Golden Valley Road | Golden Valley, MN 55427 | P: 763-593-8003 | TTY: 763-593-3968 | E: nschuchman@goldenvalleymn.gov Pronouns: he/him/his From: Gillian Rosenquist <GRosenquist@goldenvalleymn.gov> Sent: Thursday, May 30, 2024 12:34 PM To: Noah Schuchman <NSchuchman@goldenvalleymn.gov> Subject: Fwd: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane FYI Gillian Rosenquist Golden Valley City Council Member 763-529-9279 She/her From: Jake Hartman <jjhartman07@gmail.com> Sent: Thursday, May 30, 2024 12:23:37 PM To: Roslyn Harmon <rharmon@goldenvalleymn.gov>; Maurice Harris <MHarris@goldenvalleymn.gov>; Denise LaMere-Anderson <DLaMere-Anderson@goldenvalleymn.gov>; Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>; Sophia Ginis <SGinis@goldenvalleymn.gov> Subject: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. 18 Dear Mayor Harmon & City Council Members: My name is Jacob (Jake) Hartman. I live at 301 Edgewood Ave N., within 500 feet of the proposed subdivision, and I am writing you today to express my hope that you will deny the proposed subdivision for the following reasons: 1. This neighborhood, and specifically Paisley and Edgewood, have recently undergone a tremendous amount of redevelopment. I fear that the rapid change in the type of housing available in this area, and the rapid increase in property values will ultimately force many long time residents out of their homes as they become unable afford the taxes and associated costs of living in what is becoming a "wealthy" neighborhood. The city seems espouse a desire for inclusion and diversity of all types, including income levels. The proposed subdivision, and the those that are sure to follow, ultimately end up in increasing property values and forcing out of those that can't keep up. 2. Subdivisions have a large impact on the way that immediately adjacent neighbors are able to enjoy their properties. As the rules currently stand, the surrounding neighbors really have very little ability to stop a subdivision, no matter what the visual and privacy impacts, use impacts, etc. may be. 3. Many lots considered "buildable" have large mature trees that are often removed or eventually lost as a result of root damage from the use of heavy equipment. Environmental impacts should weigh more heavily on the city's decision of whether to approve a subdivision. In an age of Climate Change, mature trees are important for the reprieve that they provide from the heat, their ability to help reduce flooding during heavy rain years and retain water in soils during droughts, and of course for their CO2 reducing ability. 4. I believe that many residents of Golden Valley love their community specifically because of the open spaces, the large lots, the mature trees, and the ability to be near Minneapolis while living in a community that feels quite different than a major city. I believe that subdividing lots in Golden Valley is both short-sighted and robs current residents that have chosen to live here (and already pay taxes here) of the amenities that originally drew them to the community. Having said all of the above, I understand that the city may have little ability to prevent the property owner from subdividing the lot as long as it meets the criteria as it currently stands. If the surrounding neighbors are not able to appeal to the owner's sense of community and better nature, I would suggest that the city attach contingencies to the approval. For example: 1. A Study of how storm water flow will be impacted based on the owner's hypothetical plan to develop the lot. This neighborhood already has a terrible problem with wet basements, and it should be the owner's responsibility to ensure surrounding neighbors will not be impacted. 2. A limitation on the number of mature trees that may be removed. 3. A plan to add fencing or provide for the planting of vegetation to maintain the privacy that neighbors currently enjoy. 4. A study showing how property values and taxes will be impacted by the subdivision. Lastly, it's my understanding that Golden Valley's rules for subdivisions were loosened several years 19 ago. The reason was to allow new residents and increase the city's tax base. Now that many lots in this area have already been subdivided, I would propose that the Council consider a moratorium on subdivisions until the City can determine if such subdivisions still fit with the City's overall vision for the community. At a minimum, the city should revise the existing rules to make them more community friendly and to allow surrounding neighbors additional input and weight in determining the approval of future subdivisions. No single property owner should have the ability to so easily impact and upset the micro-community that has taken years to develop on Edgewood Ave N and Paisley Lane. Sincerely, Jake Hartman 515-979-0754 20 From:Brian Walvatne To:Kendra Lindahl; Alma Flores; Maurice Harris; Sophia Ginis; Gillian Rosenquist; Denise LaMere-Anderson; Roslyn Harmon Subject:Paisley Lane Subdivision Neighborhood Engagement Date:Sunday, June 2, 2024 8:06:01 PM Attachments:Paisley Lane Subdivision Letter To Neighbors.docx EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning & Council, I am writing to you regarding our minor division on the cul de sac of Paisley Lane. To take into consideration potential concerns regarding this change, I did walk the neighborhood and talked to as many as possible residents in proximity to the subdivision as possible. Additionally, I left a letter (copy enclosed) welcoming those that were not home to contact me by either email or phone with their feedback. The result of these efforts was very positive. I was able to have discussions, talk about plans in further detail and gain an awareness of what resistance there might be to this proposal and why. Additionally, we met for over an hour with the only neighbor that reached out--standing at the site of the proposed subdivision, talking through her concerns. My wife and I are committed to our neighborhood, and the Golden Valley community. Our hope is that we will be able to do so by building a home on the proposed lot that meets our needs for our next stages of our lives. Thank you for your time to look this over. We very much appreciate it. Sincerely, Brian Walvatne & Emily Kuhnmuench 227 Paisley Lane 612-251-9503 21 22 From:Darren Groth To:Kendra Lindahl Subject:FW: Resident Requests about Process and Issues Re: Minor Subdivision Application Date:Tuesday, June 4, 2024 2:39:34 PM Attachments:Edgewood-Paisley Neighborhood Requests to Council 5-28-24.docx Endorsements as of 5-31-24_Edgewood-PaisleyStatement.pdf FYSA Darren Groth, AICP, CPM Asst. Comm. Dev. Director 763-593-8099 dgroth@goldenvalleymn.gov Book time to meet with me From: Marcia Anderson <marcia.d.anderson@gmail.com> Sent: Tuesday, June 4, 2024 1:04 PM To: Sophia Ginis <SGinis@goldenvalleymn.gov>; Roslyn Harmon <rharmon@goldenvalleymn.gov>; Maurice Harris <MHarris@goldenvalleymn.gov>; Denise LaMere-Anderson <DLaMere- Anderson@goldenvalleymn.gov>; Gillian Rosenquist <GRosenquist@goldenvalleymn.gov> Cc: Alma Flores <AFlores@goldenvalleymn.gov>; Darren Groth <dgroth@goldenvalleymn.gov> Subject: Resident Requests about Process and Issues Re: Minor Subdivision Application EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Council Members Ginis, Harmon, Harris, LaMere-Anderson, and Rosenquist: I write to alert you to multiple transparency and due process issues around the application and review of the Minor Subdivision proposal titled Edgewood-Paisley, and to request your urgent consideration of ways the City and Council can take corrective and proactive action. Residents of the Edgewood-Paisley neighborhood have many concerns about this subdivision proposal, in terms of the process, the criteria to be met and lack of information provided, and the impact on the neighborhood, the environment, and the general character of Golden Valley neighborhoods as valued in the City Comprehensive Plan. Multiple residents within and beyond 500' of the proposed subdivision have jointly developed the attached Statement and Requests for action. I am sending this to you on behalf of all the residents/property owners who have endorsed the statement so far. Additional endorsers will be updated for the June 4 Council meeting. We ask the City of Golden Valley and the Council to consider our requests June 4 and delay a vote on the application until the transparency, due-process, 23 and substantive-information issues can be addressed. We have offered suggestions that have neighborhood support. Plus we trust that you and Council members will also have ideas and will want to address the issues, leading toward balanced and fair resolutions that support neighborhood harmony. We implore you to review the statement and attachments in detail, and to consider our requests in relation to the planned Public Hearing on the application Tuesday, June 4. Please note that residents only began to receive notice of this hearing Friday, May 24, the beginning of a long holiday weekend. Also please note that no Minutes of the Planning Commission hearing on March 25, 2024 seem to be posted online in writing (or any other written minutes in 2024), other than in the June 4 Council packet. Here is the link to the CCX video, which shows questions by Planning Commission members and statements from two residents who expressed initial concern, before other residents were aware of the application enough to respond. We are aware that there are/have been some discrepancies between the city code, notification guidelines, and guidelines/regulations published on the website (see attached) that will need to be addressed, in addition. We made some mitigation suggestions. We would welcome any questions or suggestions you have in response, and/or an opportunity to talk with you about our concerns before the Public Hearing and final vote stages. Please feel free to contact me as an informal representative of the neighbors sending you these requests, at 763-732-2697 (cell), or via email here: marcia.d.anderson@gmail.com. We are also very open to meeting with any interested Council members, possibly in the neighborhood to be able to see the setting that concerns so many of us. Thank you for your time, expertise and leadership around our concerns and requests, and for Golden Valley. Marcia Anderson (On behalf of Edgewood-Paisley neighbors listed) 130 Edgewood Ave. N. Golden Valley, MN 55427 (33-year-resident) 763-732-2697 marcia.d.anderson@gmail.com Attachments: -Statement of Concerns and Requests -Screen Shot of published notification process (seen in late March; taken 5-16-24, shaded emphasis added; re-photographed 5-28-24 to show original screen shot date) -Endorsements of Statement as of 5-31-24 24 RESOLUTION NO. 21-61 RESOLUTION RESCINDING RESOLUTION NO. 16-13 AND ADOPTING A NEW NEIGHBORHOOD NOTIFICATION POLICY WHEREAS, development of land can result in visual and physical impacts to neighboring properties; and WHEREAS, developers and property owners have an obligation to share potential changes with neighboring property owners; and WHEREAS, open communication with an opportunity to provide feedback in a timely fashion is a priority; and WHEREAS, it is appropriate for this communication to be accessible to a wide audience and need not involve solely an in -person meeting; and WHEREAS, the current Neighborhood Notification Policy does not allow for remote attendance. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley rescinds Resolution No. 16-13 and adopts a new Neighborhood Notification Policy dated August 17, 2021, which provides for a virtual option. Adopted by the City Council this 17th day of August, 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: Theresa Schyma, City Clerk DocuSign Envelope ID: 6B342044-096C-436D-A91E-1EA6D4AB9E05 25 City of Golden Valley Planning Neighborhood Notification Policy Adopted August 17, 2021 Purpose Statement: Neighborhood notification is an additional effort on the part of the City to enhance the communication and education of residents regarding submitted Planning applications in advance of the public hearings already required by State statute and City code. Neighborhood notification shall be conducted whenever a proposal is located within or adjacent to a residential zoning district, or when, in the option of Planning staff, the potential impact is great enough to warrant such a notification. Proposals for Conditional Use Permits (CUPs), subdivisions, rezonings, and Comprehensive Plan amendments shall require the notification be through a mailing. Proposals for Planned Unit Developments (PUDs) and major amendments to PUDs shall require the notification be through a neighborhood meeting and shall include a virtual option (hybrid). Mailings (CUP, subdivision, rezoning, Comprehensive Plan amendment) The applicant shall prepare a mailing regarding the proposal in order to provide information to residents and allow them time to give feedback to staff prior to the public hearing. Mailing Guidelines: 1. Mailings shall be sent out by the applicant after the formal application has been received by the City and deemed to be complete. Mailings shall be sent out to the same properties that will be notified for the public hearing, or to a larger area if staff feels it is warranted, and shall be received at least 10 days prior to the date of the Planning Commission meeting. If Planning staff feels additional time is warranted to solicit neighborhood input, mailings may be required to be sent out earlier. 2. A draft of the entire mailing must be reviewed by Planning staff prior to sending. 3. A copy of the mailing shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. Mailings shall include the following: Applicant name, address, and phone number Location of proposed project (map) Narrative describing the proposed project and specific application request Copies of any relevant plans Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) Contact information for Planning staff The following circumstances describe situations in which the potential exists for there to be relatively greater impacts to residential neighborhoods. In these cases, staff shall require a meeting in place of the usual mailing in order to fully engage neighbors early in the process: Conditional Use Permit – a request for a CUP that indicates a significant impact to a residential neighborhood with respect to an increase in traffic, population density, or other CUP factors Subdivision – a subdivision proposal that involves a variance; a subdivision proposal that follows or results from a lot consolidation DocuSign Envelope ID: 6B342044-096C-436D-A91E-1EA6D4AB9E05 26 Rezoning – a proposal that involves one of the following changes: 1) Any property zoned residential (R-1, R-2, R-3, or R-4) to a non-residential zoning 2) R-1 or R-2 zoned property to R-3 or R-4 zoned property 3) Any property zoned Institutional to a non-Institutional zoning Comprehensive Plan amendment – a proposal that involves one of the following changes: 1) Any property designated Residential to a non-Residential designation 2) Any property designated Low Density Residential to a Medium Low, Medium High, or High Density Residential designation 3) Any property designated Open Space, Schools & Religious Facilities, Public Facilities, or Semi-Public Facilities to any other designation Meetings (PUD, major PUD amendment) The applicant shall hold the neighborhood meeting at City Hall or another public location approved by staff in order to provide information to residents and to gather feedback prior to the public hearing. Meeting Guidelines: 1. The meeting shall be scheduled after the formal application has been received by the Planning Division but at least 7 days prior to the informal public hearing at the Planning Commission. Notices shall be sent out by the applicant to the same properties that will be notified for the public hearing, or to a larger area if staff feels it is warranted, and shall be received at least 10 days prior to the meeting date. If Planning staff feels additional time is warranted to receive neighborhood input, meetings may be scheduled prior to the submission of a formal application. 2. Meetings shall be held between 6:30 and 8 pm, Monday through Thursday. Meetings shall not be held on holidays. The applicant is required to check potential meeting dates with Planning staff. 3. The applicant shall host the meeting and make the presentation. A City representative shall be in attendance to observe and to answer questions about City policy and process. An option to attend the meeting remotely shall be provided. 4. A copy of the neighborhood meeting notice shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. 5. A sign-in sheet shall be kept and a copy provided to Planning staff, along with a summary of the meeting, after its conclusion. Notices shall include the following: Applicant name, address, and phone number Location of proposed project (map) Narrative describing the proposed project and specific application request Meeting date, time, and location Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) Contact information for Planning staff DocuSign Envelope ID: 6B342044-096C-436D-A91E-1EA6D4AB9E05 27 From:Jake Hartman To:Planning Subject:Paisley - Edgewood Minor Subdivision Date:Friday, June 21, 2024 12:11:38 PM EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, I'm writing to express a few concerns that I have about the proposed Paisley - Edgewood Minor Subdivision: 1. Based on the Preliminary Plat provided by the applicant, the lot is likely encumbered by a steep slope per state definition. The proposed width of the lot is 99.5 ft, and the elevation change shown on the Preliminary Plat shows a change over that width of 11 ft (Elevation change of 917 to 906, or 917-906 = 11 ft elevation change). Therefore, 11ft divided by 99.5 ft = 11% grade. A steep slope by state definition is anything over 12% over a distance of 50 ft or greater. The buildable envelope on the lot is likely to be less than 99.5 feet. The elevation change within the buildable envelope is likely to be steeper than over the width of the entire lot. Therefore, I would request that the Planning Committee require additional information about the slope of the lot, and that an engineering study be completed to explain how the lot is buildable given the steep slope. (Refernce: Per Chapter 6106, Part 6106.0050, Subp. 72., "Steep slope" means a natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal distance equal to or greater than 50 feet, and any slopes greater than 18 percent that are not bluffs.) 2. Based on my own experience living on Edgewood avenue and those of my neighbors, this lot is likely to have issues with excessive wetness, or will contribute to existing problems with wet basements for the surrounding neighbors. The city does not define "Excessive Wetness", therefore, anecdotal evidence of surrounding neighbors should be considered. In my own home, we had to have a sump pump installed to keep the basement dry, even during relatively normal summers. I was told by a neighbor that at one time they had been in my home prior to the sump pump installation when the basement had 6" of water in it prior to when I purchased it. I know that others have had the same experience. I propose that additional study or planning by a certified engineer be provided to place conditions on any new building so that the neighbors can be assured that their properties will not be damaged by construction on this property. We should also consider the role that mature trees play in mitigating flooding and the impacts removal will have on neighboring property simply from a water management standpoint. Section 109-121 (b) gives you the right to deny an application, and I believe the city would be within its rights to do so given the following language from the city ordinances: 28 "Minor subdivisions may be denied upon the City's determination that the buildable portion of a resulting new lot is encumbered by steep slopes or excessive wetness. Alternatively, approval of the minor subdivision may be conditioned on the applicant's submittal of a certified engineer's study showing how the lot may be so reconditioned as to allow development without adversely affecting adjacent sites." At a minimum, the Planning Commission should consider the strong opposition of the surrounding neighbors, and every effort should be made PRIOR TO APPROVAL to ensure those neighbors that water damage will not result from construction at this site, and that the site is in fact "buildable" given the steep slope. Thank you for your time and your work on this matter. I do appreciate your careful efforts in reviewing this proposed minor subdivision. Thank you, Jake Hartman 301 Edgewood Ave N Golden Valley, MN 55427 . 29 Marcia Anderson 130 Edgewood Ave. N. Golden Valley, MN 55427 June 23, 2024 Golden Valley Planning Commission and City Departments: Community Development, Engineering, City Manager Planning Commission Members and City Staff: I’m writing to ask you to consider several technical, procedural and policy issues that emerge from the proposed Edgewood-Paisley subdivision on the Commissions’ agenda for 6/24/24. The technical and procedural issues relate to the requirements in code for platting and applying for a new subdivision. The policy issues relate to broader concerns about how subdivisions affect our residents and city as a whole. I apologize in advance for the length of this letter, but I found it necessary given the complexities and multiple interests involved. Background: Residents in the Edgewood-Paisley neighborhood have sought information about the proposal since finding out about it just a few days before the 3/25/24 Planning Commission hearing. There was no initial notification from the applicant before that. As neighbors conferred about our concerns, we discovered some process discrepancies in notifications and with what had been published online. We brought these to the attention of Planning, the City Manager and the Council just before the Council Public Hearing June 4. Twenty neighbors endorsed a Statement of Concern requesting a delay and re-do of the process. City staff suggested a “reset,” which the Council approved 6/4/24, setting up a neighborhood meeting agreed to by the applicant, 6/12/24, and a return here 6/24/24. Neighborhood residents greatly appreciate that correction and the added opportunity to learn more from the applicants, who to their credit had also started to walk the neighborhood with information about their plans, and who were willing to attend the neighborhood meeting to share further. Some questions were put to rest. Many neighbors, including myself, were relieved to read or hear that the applicants plan an environmentally low-impact home for themselves for the Lot 2 site, and that they value and seek to preserve as much as possible of the treed lot. The applicants committed to continuing to inform neighbors about plans, and to listen to concerns and suggestions. These were significant positive outcomes. Yet, overall opposition to this area being subdivided remains, from at least 20 people in surrounding area, and particularly among the seven nearest households along Edgewood. Our back yards face the proposed new Lot 2 and the as yet un-sited future building there, where we have historically treasured shared open space and trees. The open space of the back yards was part of the reason we chose to purchase a home here--similar to many Golden Valley residents. Any new building will change the views and green space we have enjoyed, for 33 years in our case. 30 The subdivision/platting code and procedures affirm the property owner’s rights to sub- divide and build. The code and process provide no recognition of the changes to neighboring property owners’ enjoyment and use of their properties, and no potential for requesting or receiving mitigation for visual impacts or adverse effects, or additional mitigation for tree loss. Close neighbors are concerned about effects from construction related to water-run- off, water table issues, grading/compaction, etc. Again, no provision requires conditions be set to protect neighbors from adverse effects, but conditions may be set in some situations. It will be a significant environmental change for the entire neighborhood—even a loss—and we are therefore reluctant to let it happen without comment. I invite you to look at this photo taken of our current view, from our backyard at 130 Edgewood looking northeast toward the proposed Lot 2: Imagine the changed look from the addition of a home there, somewhere on that hill at center left. Even if intended as a well-designed house, it will forever change the view and use up tree- and green-space. The tallest tree in the picture is a legacy red oak, one of the last remnants of an oak forest in this area. It will be felled, along with other trees not yet specified, according to the applicants. That loss cannot be regained in most of our lifetimes. The change diminishes the quality and enjoyment of all the nearby Edgewood neighbors, but apparently, we have no “rights” recognized in city code, other than notification. Other questions remain about the application for the preliminary plat, and whether it is actually a “complete application.” This is primarily due to the absence of any plan for a Lot 2 building site/pad to date—an omission raised originally by Planning Commission members 3/25/24—as well as the lack of any specific planning around the potential adverse effects on neighboring properties, e.g. from grading and run-off issues. 31 The applicant has said they are not ready to provide that information, and also repeated what city documents seem to use as a refrain—it’s legal to subdivide and build, and there is nothing [in code or procedure] that requires the applicant to address such concerns at this stage. That may be so, legally, but it is that information which will support a sound review of the proposed subdivision and any potential adverse effects on adjoining properties, as well as allay legitimate neighbor concerns. It would also be in the interests of the applicants as well as the city and neighbors to identify any issues as early as possible. Technical Issues/Conditions for correction: Because legal or technical criteria seem to be the only elements that can be considered by the city, and therefore the Planning Commission, here are three technical questions stemming from city code language, quoted verbatim below, that still raise concern about the application. We ask the Commission to consider these in its quasi-judicial role of deciding whether the application qualifies for consideration as “complete,” and thereby qualifies for approval if other criteria are met. I apologize if these misunderstand the code, which I find significantly challenging to understand. City Code, Platting, Sec. 109-66, Necessary Data for Preliminary Plat (1) [Plat Map] [Identification and description] (2) “Existing Conditions. (d) Location of…permanent buildings and structures…within the tract and to a distance of 100’ beyond the tract. (f) Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identifying by name and ownership.” (3) “Subdivision Design Features. (i) The preliminary plat shall incorporate a grading plan establishing yards or site elevations, with sufficient proposed elevations indicated thereon to provide proper control of the development to ensure proper building grades, site drainage, and conformance to established street grades.” The above cited components under (2) and (3) may be missing from the preliminary plat map. Would this mean that the application is not in fact “complete”? “Div. D Minor Subdivisions and Consolidations Sec. 109-120. - Components of Application. “…The applicant shall also furnish copies of a sketch showing the following: “(7) A grading plan establishing yards or site elevations, with sufficient proposed elevations indicated thereon to provide proper control of the development to ensure proper building grades, site drainage, and conformance to established street grades.” Unless such a grading plan was provided only to city staff rather than in the Planning Commission packet, there does not seem to be a grading plan in the application. Would this mean that the application is not “complete”? “Div. D Minor Subdivisions and Consolidations “Sec. 109-120. - Components of Application. “(8) Any other information specific to the particular site and required for the complete evaluation of the application. Such information shall be supplied at the expense of the applicant.” 32 The above clause appears to allow the city to request identification of a building site/pad in the application materials/plat map, as has been done in previous minor subdivisions found in Planning Commission minutes (as recently as June 12, 2023, for a minor subdivision application at 5217 Glenwood Ave). Planning Commission members at the 3/25/24 hearing on Edgewood-Paisley also mentioned that seeing a building site/pad on the plat plan was typical. And in order to indicate grading plans establishing “yards or site elevations” (Application Item #7) it seems as if a tentative building pad would also be indicated. It seems prudent for sound analysis and judgment to routinely expect identification of the tentative building site/pad information, or to request it as a condition of the application. This need is reinforced in this situation, in which many residents nearby, including the two adjacent property-owners, have raised concerns about the buildability of the lot (slope, run-off and water table issues), and potential adverse effects (expressed in comments for the 3/25/24 hearing and in multiple emails, conversations and statements since then). Plus, commission members themselves indicated that tentative building-site information would be valuable in their decision-making, and the past-precedents of previous applications having included this information. It also seems prudent to expect building-site information in order to assure due process and equal treatment of minor subdivision applicants, such that all applicants should be held to the same standard. Issues beyond the limited subdivision qualification criteria in code Many neighbors near the proposed Lot 2 oppose the subdivision and proposed building for multiple reasons. The reasons are rational, important, valid, concerning, and heartfelt. They just are not factors deemed “allowable” for reviewing or approving/denying any subdivision in Golden Valley, apparently. Still, they are important to acknowledge, and for the applicant and the city to honor as significant in some way. These concerns matter for the sake of transparency, and for what they reveal is needed for an improved balance of interests in future. 1) If the lot is subdivided and a new house built, the shared open space across the Edge- wood back yards enjoyed as an amenity for the last 70+ years by multiple property owners will be disrupted. The loss will be experienced by all, including the applicants themselves, who will need to remove some or most of the full-grown trees. Nearest owners will experience a significant change in their environment and in the quality of life for which they purchased their home and lot, and possibly in monetary property value. 2) The tree canopy and green space will be significantly diminished, along with the wildlife it supports. The loss of trees in this lot adds to the loss of other legacy and full-growth trees already experienced in the 19 or so subdivisions in the adjacent Tralee neighborhood, which included a swath of old oaks. That is a loss to the wider community, to the city’s overall tree canopy (in a “Tree City”), and to the needs of birds and insects in the migration pattern from Theodore Wirth and Eloise Butler. 3) The applicants describe their plan as a goal to build their “dream home.” But their dream conflicts with our existing reality and our dreams for our homes and yards. 33 4) This change will benefit only one of the thirteen properties in this stretch of Edgewood and Paisley Lane whose yards back on the open space—the applicants’. 5) Once one home is built in the open space, there will be increased pressure to build more. Developers will smell opportunity, and pressure to sell will increase, setting up a potential cycle of further loss of open space and environmental amenities. If so- called “redevelopment” proceeds one lot at a time, there is no opportunity to plan, to maintain the neighborhood’s affordability, nor influence the kind of character that the neighborhood is known for and stated as valued in the Comp Plan: individually designed homes with large lots and mature trees. 6) All the neighbors I’ve talked with think the subdivision application is premature, if the applicants really do not intend to build for 3-5 years. Many of us wish the applicants had talked with neighbors before applying. These reactions point to what might be improved practices for the planning of subdivisions in the future, so that neighbors are not blind-sided, and proactive neighborhood communications are encouraged. Process clarification online in easy-to-understand language (with code “translation”) would improve transparency and mutual understanding. Among those neighbors who were able to talk with the applicants, some suggested they “do the right thing” and either withdraw the proposal or agree to a delay. The applicants have been willing to hear concerns and did commit to taking neighbor concerns into consideration in further planning. They still repeatedly said they had a legal right to subdivide and build, and no legal requirement to listen or plan accordingly. Indeed, most neighbors have acknowledged those legal rights, but pointed out that the issue is also about what should be done, about values and balancing of interests, rather than about what can legally be done, under current law and code. My sense is that neighbors do greatly appreciate the applicants’ willingness to share their plans so far. Some hope that the applicants will invite near neighbors to suggest exterior design and landscaping from their literal perspectives onto the new side yards, will design exteriors with neighbors’ concerns in mind as possible, and share plans when ready. Neighbors legitimately worry, though, that current plans could all change, or that the lot could be sold to a developer with no neighborly commitments; they are wary about what can happen once subdivision and plat approval are achieved, because current codes require no accountability to tentative plans. This particular subdivision application is nearing its conclusion in current city code and procedure. If the application is deemed technically complete as judged by staff/planning commission, and the code criteria met, I recognize it will go forward to Council for likely approval. Perhaps the Commission will see fit to specify some allowable conditions, based on further information and concerns raised at this stage, such as identification of a tentative building site/pad and related grading and excavation plans, and/or a storm-water run-off and water table study, both to ascertain potential adverse effects on adjacent properties. Policy Issues for the Future Citizen-neighbors have been surprised and disappointed at the limited focus of city subdivision codes, and the severe imbalance of protections of interests in code and 34 procedures. There is abundant protection of interests of a property owner who seeks to subdivide and build on a new lot, within certain reasonable zoning, building and design parameters set by the city. Others—from property owners nearby and surrounding neighbors, to the interests of the wider community and city as a whole—have no consideration at all, and zero protection or balancing of rights, except for being notified of the applicant’s plans and the city’s hearings and being able to submit comments or speak. This does not seem right, fair, just or even prudent for the balancing of values and interests, or the promotion of city interests and housing goals long-range. It does not preserve and protect the kinds of core character elements and amenities like open space, large lots, tree canopy and environmental qualities that draw homebuyers to Golden Valley. The Comprehensive Plan describes these characteristics as worthy of maintenance and preservation, and they are qualities that in areas like Edgewood Av. N have been financially accessible to middle-income homebuyers, as well. The Plan also acknowledges that balancing of interests is a needed policy and procedure objective (see below). But nothing in our experience as residents demonstrates any balancing of interests achieved so far. “Comprehensive Plan 2040, Chapter 3, Housing: “Key Points:…“The benefits and impacts of construction activities in single-family neighborhoods must be balanced with proper City oversight, especially since it is expected to continue or increase in future years.” Questions for future policy consideration: Having delved into the details of the code and how it operates in reality, I see significant opportunities for improvement and balancing of interests. Why is the city code written with primary-–almost exclusive—focus on the interests of a property owner seeking to subdivide and prospectively build? How could it be revised to recognize interests of others, along with community-wide interests? How could the code and the implementation of the code promote improved early, proactive and collaborative communications between the applicant and neighbors, and between neighbors and the city staff and officials? Why, after approval of the subdivision, is the property owner effectively on the “honor system” to complete what was submitted or stated as “planned” for the property? There is little to no penalty for changing, and no protection for neighbors from an adverse change. How could the code be revised to hold the applicant accountable, possibly outlining additional city oversight, conditions, constraints or mitigation options? I urge the Commission to take a leadership role in subdivision policy recommendations, ideally through studies and collaboration with citizens to develop new and revised legislation and procedures. I recognize this will be apart from their “quasi-judicial role” to be exercised on this application. For example: What is the best-case set of information the subdivision/plat application should request? If Commissioners are able to make better decisions with a building- 35 site/pad identified on the preliminary plat map, that should be standard in the application packet, for important related context and understanding of the specific criteria. The Commission should discuss as policy what information is needed to make sound and informed judgments, once they reach the stage of the quasi-judicial roles for subdivision and plat applications. Both Commission and Council bodies can decide to legislate requiring additional information, as has apparently been a practice in the past, such as requiring a building site/pad to be identified before a subdivision application is “complete,” or as part of the review process. What can concerned citizens do to prompt revision of these policies, rebalancing of these policies? What can we do to help the effort? Should we advocate for a task force? For studies of the impact of subdivisions, surveys of residents on their opinions, analysis of the impacts on neighborhoods, property values, changes in neighborhood housing accessibility, affordability, and amenities? Do we need to lobby for a moratorium on subdivisions until the inequities are resolved and the code and procedures updated and improved? Please consider for future Planning Commission study and discussion: What can/will you do as planning leaders to improve the code and the procedures, so they are more fair, equitable, just and balanced for multiple interests? Your fellow citizens are ready to work with you. Learning about the subdivision code and procedures in Golden Valley has been a challenging educational experience over the last several months. I am grateful for the responsiveness of everyone I have contacted, sent questions to, talked with or had email exchanges with. Your professionalism and good intentions have been on display. I am also deeply impressed by the level of concern, neighborhood values, critical thinking and communication, and authentic effort to learn more and understand competing interests among my neighbors around Edgewood-Paisley, including the subdivision applicants. We all have been trying to be good citizens, I think, and to be good neighbors as well. I hope that has been evident to the city staff, this commission, and the City Council, and that our efforts and suggestions might lead to improvements for all of us in the city over time. Respectfully submitted, Marcia Anderson (33 -year resident) 130 Edgewood Ave, N. Golden Valley, MN 55427 763-732-2697 36 From:DANIEL JOHNSON To:Planning Subject:Lot Subdivision 220 Edgewood Ave N Date:Monday, June 24, 2024 2:21:51 PM EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Planning Commission - My name is Julie Johnson and I live at 300 Edgewood Ave N. I'm writing to you because I'm concerned about the proposed subdivision of 220 Edgewood Ave N. While I'm sympathetic to the owner wanting to build his dream home on the back of the property, I'm strongly opposed to dividing the lot. We recently completed a large remodel of our house & have committed to staying in this neighborhood that we love. I was dismayed that someone wants to start dividing the lots that make our neighborhood so special. I'm concerned about changing the quality of life issues for us as well as specific concerns like changing the water run-off on the hill where they would like to build. I'm unable to attend the meeting tonight as I'm working. Our neighbor, Marcia Anderson, has submitted a statement and will be speaking at the meeting. I support her and her statement 100%. Thanks so much, Julie Johnson 37 From:Thomas Berscheid To:Planning; Planning Subject:220 Edgewood Ave. N. subdivision proposal Date:Monday, June 24, 2024 2:49:28 PM EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission members: I previously sent an email documenting my opposition to the above proposed subdivision. I wish to STRONGLY, and once again reiterate my opposition to the proposal. The planning commission's decision to approve the subdivision was weak, misguided, and wrong. The decision by the commission needs to be retracted and a recommendation to NOT approve the subdivision needs to be made. Sincerely, Tom Berscheid 217 Paisley Lane Golden Valley,MN 55416 38 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 24, 2024 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 1. CALL TO ORDER • Vice-Chair Cohen called the meeting to order at 6 p.m. & read the Land Acknowledgement • Regular Members Present: Barnstorff, Brookins, Cohen, Segelbaum, Sicotte, Van Oss (arrived 6:31) • Regular Members Absent: Ruby • Student Member, Status: VACANT • Staff Members Present: Darren Groth, Assistant Community Development Director Kendra Lindahl, Contract Planner Michael Ryan, City Engineer • Council Member Present: CM Sophia Ginis 2. CONSENT AGENDA: Brookins motioned to approve the consent agenda, as presented. Van Oss seconded. Commission voted 6-0 to approve. 3. PUBLIC HEARINGS: Informal Public Hearing – Minor subdivision at 227 Paisley Lane and 200 Edgewood Avenue North • At 6:34 p.m., Vice-Chair Cohen introduced this item and asked Planning Consultant Lindahl to present the staff report. • At 6:37 p.m., Vice-Chair Cohen asked Lindahl to explain why this item was back in front of the commission. Lindahl mentioned the City’s Neighborhood Notification Policy and since the applicant was not asked to send a notice of the first Planning Commission meeting, the required duplicate notice was not sent. When the project got before City Council, they remanded the application back to the commission and reset the process to ensure that both the City’s notice and the identical applicant’s notice were mailed to the same people. After Lindahl’s reply, Vice-Chair Cohen asked if other commissioners had any questions. Commissioner Segelbaum asked Lindahl to show the approval conditions for a minor subdivision. Lindahl explained the criteria. Commissioner Segelbaum mentioned that those criteria seemed cut and dry but asked Lindahl to define what buildable means. Lindahl explained the review process and identified that buildable means the proposed lot meets the size, setback, and frontage criteria. Commissioner Segelbaum asked if there was a code required test for those criteria or if the Commission could determine those criteria on a case- by-case basis. Lindahl responded that there is code that describes the criteria and that the City Engineer and the entire development review team checks each application for compliance with applicable City codes. • At 6:45 p.m., the applicant, Brian Walvatne was invited to speak. Brian Walvatne told the commission that he owned both properties and wanted to build a new home for him and his wife on the new Lot 2. He mentioned that access was proposed from Paisley Lane and would 39 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 24, 2024 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 not come from Edgewood. He sent the required mailer, volunteered to hold a neighborhood meeting, went door to door to talk with neighbors, and plans to live in the neighborhood so he wants to build responsibly. Commissioner Segelbaum asked about the applicant’s plans for Lots 1 and 3. Walvatne replied that his mother-in-law lives on Lot 1 and is planning to stay and that the home on Lot 3 is also planned to remain. Vice-Chair Cohen asked if Walvatne had any current plans for the Lot 2 home. Walvatne responded he did not and that he anticipated it would take about 2-5 years before they could move into this new home because he needed to plat, hire an architect, and then start the building process. • At 6:49 p.m., Vice-Chair Cohen opened the public hearing. Jake Hartman was the first to speak. He mentioned that he thought the subdivision ordinance was flawed. He stated that it does not give weight or consideration to public opinion. He rhetorically asked what it takes to change an ordinance and that the City should take that action to allow more public input. Hartman thanked the applicants for holding the neighborhood meeting and claimed that the most impacted neighbors do not want this project. • At 6:53 p.m., Roberta Patten spoke about owning the house with the big garden. She mentioned reading the handout and asked if the property was surveyed properly because satellite surveys are not always accurate. She claimed that she needed data to verify staff’s review because the City Engineer also makes errors. She asked the commission to deny the request because she needed more details. She informed the commission that the most prevalent answer to any question during the neighborhood meeting was I don’t know. She accused the applicant of not being aware of what it means to cut down trees and proceeded to read a white paper from the USGS about trees. She also read a Bassett Creek Watershed Management Commission (BCWMC) paper she shared with commissioners. She concluded by stating that the applicant doesn’t have any building plans and that he must submit to citizens detailed plans and descriptions of how he intends to meet code. • At 7:01 p.m., Marcia Anderson mentioned submitting a written statement to the commission and wanted to share additional thoughts. She mentioned that this has been an intense short course on subdivisions and that she learned a lot during this process. She admitted to learning that a strict reading of the code matters, even though neighbor concerns are not recognized. She stated that the code only points to technical requirements. She mentioned that she was not able to see all the items submitted for this application and shared that she did not think it was a complete application. She also asked about the definition of buildable and why the plat did not show a building location. She mentioned seeing a Glenwood plat in 2023 that showed the building details. She mentioned meeting with the applicant on the site and stated that they shared their plans and value trees and the environment and that they would share additional information as they know it. She mentioned that platting is a complex process, but the code does not address the complexity of applications. She rhetorically asked what about the rights and interests of other property owners. She stated that this seems out of balance and unjust and is not what she wants to see in city government. She urged the planning commission to bring code improvements through the legislative process. She volunteered to participate in the process if the city were to start. She closed by saying that the code is complex and not easy to read and should be improved. • At 7:09 p.m., Peter McCalister stated that he owned the adjoining property, and he did not want to reiterate some of the concerns already shared, but he mentioned that he has noticed 40 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 24, 2024 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 additional water on his lot since the new home was built behind his property. He stated that his tractor already sinks in the grass on his lot when it is wet, and this request will make it wetter. He claimed that the city did not do enough due diligence to ensure others are not harmed. He admitted Walvatne spoke with him, but that he got a false sense of the sentiment because he just popped in and most people won’t be contentious during a surprise visit from their neighbor. • At 7:13 p.m., Vice-Chair Cohen closed the public hearing and asked if there were any commissioner questions. Commissioner Segelbaum mentioned that he was keeping track of questions raised during the public hearing and asked if staff could answer them. First, he asked if the provided survey was prepared by a licensed surveyor. Groth responded yes. Commissioner Segelbaum then asked if the commission typically gets to see the City Engineer ’s report. Lindahl explained that the review process is performed by the professional staff hired by the City and each discipline reviews in conjunction with the others, but most do not prepare a formal report. Next, Commissioner Segelbaum asked if this development proposal followed the BCWMC’s guidelines. Lindahl mentioned that his site is not within their jurisdiction, but all development must follow their stormwater permit. Commissioner Segelbaum then asked if applicants are required to show their building plans during the platting process to which Lindahl replied, no. Commissioner Segelbaum asked if tree mitigation is required when someone cuts down a tree. Lindahl mentioned yes, the city requires a tree and landscape permit for plats. Commissioner Segelbaum then asked how the city requires applicants to address runoff during construction. Lindahl indicated that water currently flowing off a piece of land is allowed to continue flowing in that same direction and volume after construction. Commissioner Van Oss asked if the city reviewed ground water levels in a building report. Lindahl answered yes, through a stormwater permit that is required prior to construction. Commissioner Van Oss then asked how the city addresses the issue of lots being identified as buildable on a plat, but later identified differently under the stormwater permit. Lindahl mentioned that plats go through a preliminary stormwater review to identify if a holding pond or other water retention measures are needed, but the stormwater permit handles the specifics per lot. Vice-Chair Cohen asked about the next steps for the applicant. Lindahl listed all the additional permits and reviews that are needed prior to construction and the inspections performed during the construction. Vice-Chair Cohen asked if all those permits are required in this instance. Lindahl replied yes. Commissioner Segelbaum mentioned that Golden Valley recently had a moratorium on subdivisions, which allowed the city to study the platting process and then the city made the suggested revisions around 2014 or 2016. Commissioner Segelbaum indicated that the topic of platting comes up a lot at the Planning Commission and notes that many of the standards are cut and dry and that while there may be an opportunity to approve the code in the future, the Planning Commission cannot legislate a code change on one application. Commissioner Brookins echoed Commissioner Segelbaum’s sentiments. Commissioner Van Oss stated that he also agreed, and that the applicant is only asking for what they are currently legally allowed to do under the measurable standards in place, which reduces the subjectivity. Vice-Chair Cohen stated that he was in that same boat in that the city has rules and the Planning Commission’s job is to identify if the applicant meets those rules; and if so, they must approve. Vice-Chair Cohen mentioned that further discussion may be warranted regarding the code and whether they like the rules or not, they are what must guide the decision tonight. Commissioner Van Oss mentioned that he could sympathize with the comment that the code was complex and should be simplified. 41 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 24, 2024 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 • At 7:31 p.m., Vice-Chair Cohen asked for a motion. Commissioner Brookins moved to recommend approval based on the findings and conditions of the staff report presented by Lindahl. Commissioner Van Oss seconded. The Planning Commission voted 6-0 to approve. 4. NEW BUSINESS: NONE 5. COUNCIL LIASION REPORT: At 7:32 p.m., Councilmember Ginis briefed the commission on the progress of the search for a new City Manager. She mentioned making the three finalist’s names public last Thursday with a public meet-and-greet that evening and City Council deliberated on the candidates both on Saturday and this evening. All three candidates will be invited to present a specific scenario on July 1, 2024, and the City Council is anticipated to make their decision that day. Ginis also provided an update on the last City Council meeting where they recognized Juneteenth and concurred with the Planning Commission’s recommendation to approve the CUP at Culver’s. She concluded by sharing details regarding the Market in the Valley and Ice Cream Social. Vice-Chair Cohen asked if she had any sense whether City Council would be interested in clarifying the City’s subdivision regulations. Councilmember Ginis replied that is not a topic they ’ve broached, so she cannot speak on behalf of the entire council. She agreed that clarifications in code are good city business, but the City currently has a lot of priorities, and some issues may just need to be a part of future years. Vice- Chair Cohen gave her and City Council some kudos on the process to hire the new City Manager. 6. COMMISSIONER TRAINING: NONE 7. STAFF COMMENT: At 7:39 p.m., Groth introduced City Engineer Ryan and briefed the commission on various staffing updates by sharing that a new Associate Planner is scheduled to start on July 1 and the Senior Planner position was offered and accepted by the top candidate and will also start in July. In addition, Groth mentioned that Director Flores resigned, and the City is beginning the process of hiring her replacement. 8. COMMISSIONER COMMENT: NONE 9. ADJOURNMENT: Vice-Chair Cohen adjourned the meeting at 7:41 p.m. Approved by: Atest By: Commission Secretary Darren Groth, AICP, CPM Community Development Asst. Director 42 RESOLUTION NO. 24-041 RESOLUTION FOR APPROVAL OF PLAT PAISLEY EDGEWOOD WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as “Paisley Edgewood” covering the following described tracts of land: Lot 4, Block 2, Tralee, Golden Valley Minnesota Torrens Property Together with The South 100 feet of the North 600 feet lying East of Edgewood Ave N being part of Lot 3 of Auditor’s Subdivision No. 322, Hennepin County, Minnesota. Abstract Property WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Adopted by the City Council this 2nd day of July, 2024. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 43 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 2, 2024 Agenda Item 6A. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 44 Review of Council Calendar Event Event Time Location JULY Monday, July 1 Special City Council Meeting 5:00 PM Hybrid - Council Conference Tuesday, July 2 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, July 4 City Offices Closed for Observance of Independence Day Sunday, July 7 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, July 9 Council Work Session 6:30 PM Hybrid - Council Conference Sunday, July 14 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, July 16 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, July 21 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Sunday, July 28 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus AUGUST Thursday, August 1 Golden Valley Business Connections 8:00 AM - 9:30 AM MRA - The Management Association, 5980 Golden Hills Drive Sunday, August 4 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 6 National Night Out 6:00 PM - 9:00 PM Various Locations/In-Person Wednesday, August 7 City Council Meeting 6:30 PM Hybrid - Council Chambers Saturday, August 10 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Sunday, August 11 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 13 Primary Election Day 7:00 AM - 8:00 PM City Precincts/Polls Wednesday, August 14 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, August 18 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 20 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, August 25 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Sunday, September 1 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, September 2 City Offices Closed for Observance of Labor Day Tuesday, September 3 City Council Meeting 6:30 PM Hybrid - Council Chambers 45