Edina City Council — Transcript
Tuesday, December 17, 2024
Story
Edina Council Approves Fee Schedule After Split Vote Reconsideration
Apartment Building Staffing Requirements
Tree Recognition Campaign Awards
Surface Coverage Variance Appeal - 5605 Maguire Road
Right-of-Way Easement Vacation - 5805 Mate Lane
Right-of-Way Easement Vacation - 7250 France Avenue
Charitable Donations Acceptance
Efficient Building Benchmarking Ordinance Amendment
Station Pizza Restaurant Proposal - 616 Vernon Avenue (Kevin Keys Site)
Votes (9)
Approval of Meeting Agenda
Dissent: None
Moved by Council Member Agnu [2:03] · Seconded by Council Member Jackson [2:03]
Standard agenda approval with one item (6.3 - Fee Schedule Ordinance) removed from consent agenda for separate discussion due to prior split vote.
Fee Schedule Ordinance 2024-12 (Reconsidered)
Dissent: Council Members Agnu and Huein voted against
Moved by Council Member Risser [13:12] · Seconded by Council Member Pierce [13:19]
Ordinance 2024-12 amending Chapter 2 of city code to set fees for 2025 was reconsidered after receiving a split vote at the prior meeting. Council Member Risser pulled it from consent agenda to allow for a fresh vote.
Tree Recognition Campaign Awards - First Inaugural Presentation
Dissent: None
Moved by None - Recognition/Presentation only · Seconded by None
Energy and Environment Commission Vice Chair John Hogan presented nine trees recognized for awards in categories including Best Oak (two trees at 4916 Ardan and 5410 York), Best Coniferous (5724 Code Avenue), Best City Tree (cottonwood in Weber Park), Best Tree Story (crab apple at York Park), Biodiversity Award (ginkgo at AR Acres Park), Fall Colors Award, Climbing Tree (Citrin Park), and Fullest Canopy Award. Additional trees received honorable mention recognition. The initiative was designed to celebrate and recognize notable trees in the community in a positive, celebratory manner.
Public Hearing - Surface Coverage Variance Appeal, 5605 Maguire Road
Dissent: None on the deferral motion
Moved by Council Member Risser [54:21] · Seconded by Council Member Agnu [54:21]
Homeowners Scott and Elizabeth Jo appealed a Planning Commission denial (5-3 vote) of a variance request to exceed the 50% surface coverage limit by 2.8% (from 49.9% to 52.8%). The core issue is a shared private driveway that crosses their property, consuming 2,547 sq ft (22.8% of their allowed impervious surface). The applicants argue this creates a unique hardship. The Planning Commission found the proposal did not meet variance standards because the property has reasonable use and the situation is not unique (four other properties share the same driveway). However, approval findings noted the driveway serves other properties and presents an opportunity to correct its impact. Council Members Jackson and Agnu raised questions about whether the property could be subdivided to exclude the driveway area, and whether an easement vacation or property transfer might be possible. The council voted to defer the in-person hearing and keep online public input open until December 29, 2024, with final action deferred to January 7, 2025 council meeting.
Public Hearing - Right-of-Way Easement Vacation, 5805 Mate Lane
Dissent: None
Moved by Council Member Jackson [59:01] · Seconded by Council Member Pierce [59:01]
Director of Engineering Chad Milner presented a request to vacate a right-of-way easement that ran through a residential swimming pool structure. The easement had been signed but never officially recorded by Hennepin County in the early 2000s. The previous owner had submitted an application to vacate and create new easements, but the city council never approved it. The new owner is seeking to clean up the title. No utilities are affected, and private utility companies have no objections. The owner will provide new easements for private utilities where they exist. No public comments were received.
Public Hearing - Right-of-Way Easement Vacation, 7250 France Avenue
Dissent: None
Moved by Council Member Jackson [1:02:52] · Seconded by Council Member Pierce [1:02:52]
Director of Engineering Chad Milner presented a request to vacate a 10-foot easement along the north property line of a development site. The easement was part of the original plat but now conflicts with an approved development project. The applicant is nearly ready to pull permits. No utilities are affected, and private utility companies have no concerns. New easements will be created as part of the development project. No public comments were received.
Acceptance of Charitable Donations
Dissent: None
Moved by Council Member Jackson [1:03:45] · Seconded by Council Member Pierce [1:03:45]
The council accepted multiple donations to the city from various donors. Edina Senior Center received $2,000. Friends of the Edina Library received proceeds from book sales. Former city employee Donna Tilsner, Susan and Thomas Gart, Janie Hayes, and Moments Hospice made donations. The Juneteenth celebration received $1,600 from Friends of the Library. The Fire Department received a donation from Troy and Susan Pereira. The Mayor noted that donor names will be posted on the city website.
Efficient Building Benchmarking Ordinance Amendment - Ordinance 2024-13
Dissent: None
Moved by Council Member (not clearly identified) [1:20:10] · Seconded by Council Member (not clearly identified) [1:20:10]
Sustainability Manager Marissa Bear presented amendments to align Edina's local benchmarking program with a new statewide program launching in 2025. The state program applies to Class 1 buildings (100,000+ sq ft) and Class 2 buildings (50,000-100,000 sq ft) in Hennepin County. Edina's local ordinance currently covers 268 buildings across three classes. The recommended changes remove Class 1 and Class 2 from local oversight (allowing the state to manage them at no cost to the city) while maintaining local requirements for Class 3 buildings (25,000-50,000 sq ft), which are not covered by the state program. This positions Edina as the only metro city continuing to require benchmarking for smaller buildings. Current non-compliance rate is 10% overall, with 17% of Class 3 buildings non-compliant. The ordinance amendments add requirements for building disclosure materials, updated exemption criteria, seller disclosure requirements, and a $1,000 annual civil penalty for non-compliance (as required by state statute). Current contract cost is $54,000 annually; the new scope is expected to cost less but exact amount is unknown. The Energy and Environment Commission supports maintaining local oversight of Class 3 buildings.
Station Pizza Restaurant Proposal - Comprehensive Plan Amendment and Rezoning, 616 Vernon Avenue
Dissent: Mayor Huein and Council Member Risser expressed strong opposition; Council Member Jackson expressed ambivalence; Council Members Agnu and Pierce expressed support
Moved by Council Member Agnu [2:18:06] · Seconded by (Not completed in transcript)
Jake Schaefer of Station Pizza proposed converting the vacant Keys Auto body shop into a 1,600 sq ft restaurant with 20 seats (maximum 24 with party room), takeout, and delivery. The proposal requires: (1) a comprehensive plan amendment from medium-density residential to neighborhood commercial (new classification), and (2) rezoning from PCD-4 (automotive) to PCD-1 (commercial). The Planning Commission recommended approval 8-0. Public feedback via Better Together Edina totaled approximately 200 comments: 127 in favor, 60 opposed. Supporters emphasized the need for neighborhood amenities, a gathering space, and a walkable destination. Opponents raised concerns about traffic, parking overflow onto Eden Prairie Road, pedestrian safety (especially given the bike path along Vernon), noise, odors, and the loss of a residential development opportunity. The property is triangular (approximately 0.38 acres) and was previously a gas station. The comprehensive plan guides it as medium-density residential. Council Members expressed divided opinions: Member Agnu supported the proposal as a compromise and neighborhood amenity; Member Jackson leaned in favor but expressed concerns about market-driven land inflation and the precedent of approving commercial use; Member Pierce sought to balance neighborhood concerns with community benefits; Member Risser opposed, citing safety risks, spot zoning concerns, and the precedent of inflated land values driving inappropriate development; Mayor Huein opposed, citing the potential adverse impact on the neighborhood outweighing public benefits and the loss of the residential-guided use. The council did not vote on the comprehensive plan amendment during this meeting, with the Mayor indicating the vote would likely be 3-2 against approval.
Notable Quotes (21)
This was a new initiative um we wanted to talk about trees in a way that was more celebratory recognize uh some of the wonderful trees that we have in Idina
This is my favorite tree in Idina it's a won the climbing tree award for anyone that's seen this at citin Park it is amazing and very climbable um I defy you to not climb it if you go there
Our neighbors driveway is the Unique Reality of our property that the Planning Commission failed to adequately consider in the decision to deny our variance request that driveway cuts across our lot and yet is not at all ours we neither use it nor maintain it but over 20% of our allowed coverage is consumed by it
If a variance doesn't apply in this situation we can't imagine when it would ever apply
I'm curious how many of the houses that um have this drive as part of their property actually access it and use it
So I think you should apply the standards for variance and that would include uniqueness so you know uniqueness has to deal with the physical characteristics of the property one of one of the physical characteristics of this property is that it has an easement on it that serves other proper properties so you can take that into account uh for the uniqueness factor
What statute also allow is for local governments to continue to implement their own local program but gives power to the Department of Commerce which is the managing state agency to coordinate local programs and what it does is it says if you are going to offer a local program you have to be equivalent to statute or more stringent than the Statewide program
You talked about um non-compliance in your report that um of the buildings that we've got I can't remember now I can't find a percentage um we have a certain percentage of buildings in Ord not in compliance with our benchmarking currently um of those buildings how many of them are in the class three that would be continue under city um guidance
Of all buildings so of the 268 we have a non-compliance which is they didn't Benchmark their buildings of 10% that's about 28 buildings of that 28 16 of them are those class three that's smaller less than 50,000 foot building and that represents about 17% of just that building class
Are there any benefits uh from us an environment perspective by moving to this new by accepting this ordinance and moving class one and class two to to the state none measurable right away
Tiff is a din's cookie jar that's a statement so fundamental to understanding a din's current use of Tiff that I'm going to say it again Tiff is a d 's cookie jar and it's a big cookie jar
I don't think that housing will work well on this site and the prime reason for that is and I think member R are had a a graphic um this last time that showed how tight it would be even for four units um I when we look at that buildable area I don't understand how something as many as like four units would work well on this site
My vision just in conclusion here is that yes we know that there's a offence that's going to go along that back wall um and I know that the ask from the community right now is that there's no gate there's no entrance into the community but my hope is that in a year's time the community is asking for a gate to be put in in because they're going to want to go there they're going to be the ones that are accessing it the most
I do think there could have been a double dwelling unit on that site if it had been you know looked at and approached in a way that made economic sense but it really does um make me very concerned to think that we might be and we have been um zoning or allowing planning based purely on um decisions to purchase land that may not really have been that wise
I do believe the market does what the market does and so we are setting that not as a precedent but um as long as we continue in that way um like we'll see the market adjust in in the same way um so I I definitely get that um I don't think Council uh we should be um seeking to artificially control the market
I'm leaning in favor of this and I know that's very disappointing to to people um in the neighborhood but it's a very quiet use
I think that was the the gist of the the questions that I had asked um and so you covered the one on number of seats um you covered the one on size the last one I had which was partially covered was Eden Prairie Road um but I had a different ask there
I worry about several things I worry about the fact that we'd re on it to pcd1 and we got no Downstream control over what happens in pcd1 this is a total outlier piece of property
Is there a potential adverse impact on the immediate neighborhood and if so does that potential adverse effect outweigh the potential benefit to the broader public there's only one way I can answer that question I say yes the potential adverse impact on the nearby neighborhood to me is more significant than the overall benefit to the public
I think it would be uh adversely affecting the quality of life for people that live over there
We'll be looking at equipment that that can mitigate odors um what that rises to and what if you put a requirement on the uh for for approval based on that um presumably there be some language in there where we'd work with uh uh Mr T to sort of figure out what what that requirement would be because honestly I can't I can't tell you exactly like what systems would require
Ordinances & Resolutions (11)
Amendment to Chapter 2 of city code establishing fee schedule for 2025; split vote at prior meeting, reconsidered and adopted 3-2
Vacation of right-of-way easement at 5805 Mate Lane running through residential swimming pool
Vacation of 10-foot right-of-way easement at 7250 France Avenue along north property line
Acceptance of charitable donations to Edina Senior Center, Library, Fire Department, and Juneteenth celebration
Amendment to Efficient Building Benchmarking ordinance to align with statewide program; removes Class 1 and Class 2 buildings from local oversight while maintaining Class 3 requirements
Comprehensive plan amendment for Station Pizza site (616 Vernon Avenue) from medium-density residential to neighborhood commercial classification
City code chapter establishing variance standards for impervious surface coverage
City's long-range development guide; currently guides 616 Vernon Avenue as medium-density residential
Current zoning for 616 Vernon Avenue (Kevin Keys site); allows automotive uses
Proposed rezoning for 616 Vernon Avenue to allow restaurant use
Public engagement platform used for collecting community feedback on projects; received ~200 comments on Station Pizza proposal