Edina City Council — Transcript
Tuesday, October 15, 2024
Story
Edina Council approves sidewalk maintenance, delays major development votes
7200 France Avenue Project Removal from Agenda
Adina Railroad Analysis and CPKC Track Operations
Building Height Overlay District Violations
Agenda Scheduling and Public Hearing Placement
Sidewalk Maintenance Policy - Concord and Wooddale Avenues
4208 Philbrook Lane Conditional Use Permit and Variances
Henerson Avenue Subdivision and Lot Variances
Tax Increment Financing District at 7235 France Avenue (Macy's Site)
Morningside Community Church Special Assessment Reduction
Extra Mile Day Proclamation
Votes (12)
Alternative Response Team (ART) Program Presentation
Lieutenant Ryan Schultz presented the ART pilot program launched June 24, 2024, which pairs Hennepin County social workers with paramedics/firefighters to respond to mental health, welfare, and unhoused individual calls. The team has responded to 210+ calls, relieving police and fire units while providing better care alternatives than emergency room transfers. The program includes a mental health detective (Detective Piper) and therapy dog in training (Lou). Current hours are 9 a.m. to 5 p.m., Monday-Friday. Council members praised the program's documentation, metrics tracking, and success stories. Member Jackson asked about police time freed up and transportation authority; Member Agnus asked about coverage hours and data collection paired with anecdotal stories.
Community Comment - 7200 France Avenue Project Removal
Sandy Carlson expressed frustration that the 7200 France Avenue project was removed from the October 15 agenda without public notification. She stated that residents organized to attend the meeting and had to inform attendees in the lobby that the item was postponed. She requested better communication from the city when agenda items change. City staff explained the agenda was published on Friday (standard practice) and that the applicant requested the continuance due to travel during a holiday week. Member Risser asked for clarification on the removal reason.
Community Comment - Adina Railroad Analysis Report
John Crabtree criticized the city's railroad analysis report, alleging it treated CPKC (owner of the Dan Patch line) with disrespect, drew incorrect conclusions about track classification, made unsupported comments about track gauge, and implied consultant trespassing on CPKC property. He noted the report's incomplete historical documentation, omitting six historical railroad stations including one at Grand View Heights. He disputed claims about the 1982 Soo Line purchase rationale, the 2001 Progressive Rail lease (stating it was a lease, not a purchase), and bridge repair status. He questioned why TC&W would request money for track repair south of the bridge if the bridge were not operational.
Community Comment - Building Height Overlay District Violations
Mark Mitchell raised concerns about consistent violations of building height overlay districts in multiple projects (Weston, 7000 Z France Avenue, and proposed 7200 France project). He referenced the December 2013 height overlay legend posted on the Adina website and noted that the proposed 7200 France project is zoned H4 (four stories, 48 feet maximum) but the proposed building exceeds this restriction. He cited impacts including light pollution (buildings 'light up like Roman candles' in late fall/winter/spring before deciduous trees leaf out) and increased traffic density in residential areas. He questioned whether the transition zone from building height stepping down to residential height is taken seriously.
Community Comment - Agenda Scheduling and Public Hearing Placement
Susan Lee criticized the scheduling of 11 public hearings in a single evening as 'wholly unprofessional' and showing 'so little regard for residents time and prior commitments.' She noted that an important public hearing was placed at the very back of the October 1 agenda, forcing residents to sit through the entire meeting, with the hearing finally addressed at 11:15 p.m. She suggested this placement was deliberate to silence residents. She also raised concerns about postponing the 7200 France site plan approval and Macy's site TIFF funding approval until after the election, questioning whether candidates sought to avoid controversial votes. She requested the council vote no on the 7200 France project, citing concerns about bypassing previous requirements for vehicle exit/entrance driveways onto France Avenue and requesting a full Planning Commission and city council review.
Sidewalk Maintenance - Concord and Wooddale Avenues
Moved by Member Pierce [11:26] · Seconded by Member Risser [11:32]
Director Chad Miller presented a recommendation to add Concord Avenue (Valley View Road to 64th Street) and Wooddale Avenue (Valley View Road to Nancy Lane) to the city's sidewalk maintenance schedule as part of the Concord neighborhood reconstruction project. Staff noted these segments don't meet current maintenance practice standards but will be maintained operationally as the Public Works director indicated his crews will be driving those streets anyway. The 64th Street connecting link was already scheduled for maintenance. Member Agnus noted that the new pedestrian bridge will also require snow plowing, making this decision site-specific rather than precedent-setting. Director Miller confirmed the city aims to meet the 48-hour sidewalk clearing requirement in the ordinance.
4208 Philbrook Lane - Conditional Use Permit and Variances Public Hearing
Moved by Member Pierce [1:06:26] · Seconded by Member Jackson [1:06:46]
Assistant City Planner Chris Hawker presented a request for a conditional use permit and variances to demolish and rebuild a non-conforming home at 4208 Philbrook Lane, located in a FEMA floodway. The existing 1960 rambler predates the 1970s flood insurance study that designated the property in the floodway. The applicant seeks: (1) a conditional use permit for a stem wall and fill pad to address flood plane issues; (2) a 4.09-foot side yard setback variance (from 10-foot requirement) to match existing non-conforming setbacks; and (3) a 22.7% variance from the 50% maximum for exterior basement walls (to 72.7% above grade, counted as a third story). The new home's overall height (31+ feet) is within the 35-foot maximum for the lot width. The Planning Commission voted 8-1 in favor. Staff recommended approval subject to conditions including FEMA letter of map amendment approval, structural engineer certification of stem wall, and elevation certificate before occupancy. Applicant Michael Bush explained the property's three-generation family ownership and his efforts to maintain neighborhood compatibility. The verbal hearing was closed with written submissions accepted until November 2, 2024; action deferred to November 6, 2024.
Henerson Avenue Subdivision - Lot Variances
Moved by Member Jackson [17:25] · Seconded by Member Pierce [17:32]
Director Teague presented a subdivision request for 5120 and 5124 Henerson Avenue, dividing two single-family lots into three lots and reestablishing the original 1913 plat with 50-foot-wide lots. The existing homes would be removed and replaced with three new single-family homes accessing via the alley. The Planning Commission held a public hearing on September 12 and recommended approval 8-1. Applicant Steve Banky confirmed that one of the two existing homes (4124 Henerson) will be moved to another location; the other (the Rambler with significant slab-on-grade construction) will be demolished. Member Jackson asked about the home relocation; Member Risser noted that the Planning Commission discussed density concerns and expressed appreciation for maintaining backyard space and pervious surfaces, emphasizing the importance of these features for neighborhood character. She indicated that comprehensive plan updates should include broader discussions about zoning in areas of change.
Tax Increment Financing District - 7235 France Avenue (Macy's Site)
Moved by Member Pierce [28:32] · Seconded by Member Jackson [28:40]
City Manager Neindorf requested tabling action on Resolution 2024-78 establishing a TIFF district at the Macy's site (7235 France Avenue) until November 19, 2024. He explained that negotiations with three separate developer/investor groups require three separate development agreements rather than one, tripling the workload. He stated that staff had hoped to complete agreements in early November but determined that late November is necessary to deliver documents meeting the city's quality standards. He confirmed that all public benefits discussed during zoning will still be delivered. Member Risser expressed concerns about the proposed tunnel under France Avenue, requesting that prior studies (2005 Greater Southdale Area Land Use Transportation Study and 2007 Promenade Study) be posted online. She noted that these studies indicate tunnels are difficult to implement and questioned the speed at which the tunnel project has been adopted. She also requested that the developer present alternative financing scenarios (discussed at an HRA meeting) before November 19. Member Pierce asked that the developer be invited to present alternatives before the November 19 vote. Manager Neindorf agreed to coordinate with the developer and find a suitable meeting date.
Morningside Community Church Special Assessment Reduction
Moved by Member Jackson [32:11] · Seconded by Member Pierce [32:11]
Director Chad Miller presented a revised special assessment for Morningside Community Church, reducing the assessment from $25,350.41 to $18,295.20 (approximately $7,000 reduction). Staff re-analyzed the market benefit test after the church submitted a letter before the public hearing and after council comments. The church's unique parcel configuration (small parking lot relative to building size) resulted in nearly identical square footage for the parcel and building, which is unusual for churches (which typically have large parking lots). This configuration meant the assessment didn't meet the full extent of the market benefit test. City Attorney Kendall prepared a special assessment agreement, which the church signed and notarized. Miller also identified three to four grant opportunities for the church to pursue for programming, buildings, or other needs. Member Pierce thanked staff for their resident-focused approach; Member Jackson praised the public hearing process for surfacing important information and thanked staff for their public service. Member Jackson asked whether the prior resolution needed to be rescinded; Attorney Kendall indicated the new resolution supersedes the prior one and no rescission is necessary.
Extra Mile Day Proclamation
Moved by Member Jackson [38:44] · Seconded by Member Agnus [38:49]
The city council adopted a proclamation designating November 1, 2024, as Extra Mile Day in Edina. The proclamation acknowledges the community's vibrancy when citizens collectively go the extra mile in personal effort, volunteerism, and service. It encourages residents to maximize personal contributions to the community and celebrates individuals and organizations who make a difference. The proclamation supports the Extra Mile America initiative to create 550 extra mile cities in America.
Donations Resolution
Moved by Member Jackson [23:23] · Seconded by Member Agnus [23:23]
The city council adopted Resolution 2024-85 accepting donations on behalf of the City of Edina. Donations included: (1) framed aerial photo of Centennial Lakes development from Peter Jarvis; (2) $1,500 in-kind donation from Kowalski's for a multicultural advisory meeting dinner for 80-85 people; and (3) multiple donations to the Braemar Memorial Fund from community members and organizations including Pacy Irk, Jeff Moore, Joe Brennan, Sarah Pitz, Dick Brozic, Braemar Women's Club, Second Swing Golf, Margaret Johnson, Art Hayes, Dave Wright, Richard Heidi, Michael Stanic, Carl Schneider, Jay Allen, Michael Phillips, Braemar Golf Association, and Richard and Judy Kik. Donor names will be posted on the city website.
Notable Quotes (35)
We started talking about the need and how we were going to make it work... we really wanted to make it work for our residents in our city so we had several collaboration meetings and worked on a plan to make it fit Edina and Richfield.
The goal of them going out there is they have a huge Rolodex of resources so they can really help... they have the ability to look and have contacts with all the shelters to bring them to one that's open or one that's good for whatever their needs are.
This is something new and are we documenting how we set it up and how it's working and sort of setting up milestones for what we consider to be success so that we can evaluate it and then B so other places can replicate it?
One recently they went out met with a family and they had a juvenile that was having some suicidal ideation the ER wasn't a good spot for them... they met with the family then a couple days later they hear a call for an unrelated issue at that house the art team responds... and ends up going there to relieve the officers.
I had to contact the city staff to find out what had happened with that and the frustration is you know we as residents organized to have people attend the meeting tonight and so you know it's hard for us to get out the new dates and what happened to everyone.
I would just ask for better communication from the city when things get changed on the agenda so that we can get that word out to Residents in a timely manner.
It was at the request of the applicant... it's mea week and he was traveling with his family so had requested the extension... we did change the website better together for when the date occurred but we just simply didn't put it on this evening's agenda.
I believe you've drawn incorrect conclusions or conclusions that you cannot make as to the class of their track operation as a consequence of that you then commented upon the gauge of the track and which I don't think that you were in any position to do.
I find it at best incomplete... there were actually at one stage six railroad stations here in Adina they're not all mentioned in this report and particularly the one at Grand View Heights I wonder why.
The city the residents of this city do not deserve this disingenuous and self-serving report and can you still tell me that grain trains will not run through this town?
I'm not going to go through all of the violations of the bower the Weston the proposed lifetime 70th in France because they all blow through their H districts by quite a bit.
The height of these buildings is annoying in that they light up like Roman candles specifically in the late fall all through winter and spring before the deciduous trees leave out again.
I was very surprised to see 11 public hearings scheduled by the city manager for a single evening this is wholly unprofessional for a city and shows so little regard for residents time and prior commitments.
A very important public hearing that should have encouraged vigorous and full involvement of the residential Community was placed at the very back of the city council agenda on October 1st... forced residents to sit through through the entire city council meeting.
It is hard to believe that this was not done deliberately to silence residents.
The site plan approval for the 7200 France project and the tiff funding approval for the Macy's site have now been postponed until after the election one can't help but wonder if certain candidates up for reelection are trying to avoid being on the wrong side of the vote.
Staff shared that these two sidewalks don't meet the current practice but then our Public Works director said operationally we're going to be driving down those streets anyway and we would take maintenance on for those two segments.
This is really a change in the neor when we have the new pedestrian bridge coming in we're going to be needing to snowplow that so I just want to think of our future neighborhoods this is kind of the Machinery is going to be there anyways.
The original home was built in 1960 and predates the flood insurance study which was conducted in the late 1970s and that study then designated the property in the floodway.
The floodway designation is an extraordinary circumstance affecting and driving all aspects of the home design it is a city goal to remove properties from the flood zone when given the opportunity this is the opportunity for this lot.
This is my childhood home that I grew up in... my grandparents purchased the house in 1973... they then sold the house to my parents... my mother passed away in 1998, my father passed away in 2021 so ever since then my wife and I have been working on the plans to continue our family tradition in this home.
We've really tried to do a lot with the neighborhood and take careful consideration of how to go about this project... we've talked to people in all directions... we sent a letter to everyone... just to kind of let them know what our intentions are.
This looks like there's been so much care and thought in trying to address the realities of this slot and also do it in a way that is acceptable.
This area was platted with 50ft wide Lots... the existing homes would be removed and replaced with three new homes they would gain access off the alley as the existing homes do.
I do think going forward I'd like to have a broader discussion about that type of zoning... I think this is a good plan based on the plan that we have the comprehensive plan we have now and the neighborhood expectations but I do think going forward I'd like to have a broader discussion.
I think without having a backyard space that really Alters the character of the neighborhood and so moving forward you know hopefully with Comprehensive plan dialogue we keep those pervious surfaces and places where people can gather in existence.
We are not ready... I'm asking that table action tonight... we're still heavily in the negotiations with the developer to prepare the development agreements for this for this project.
Typically for a project like this we have one contract and it's done in this proposal there's three separate Lots they have three separate equity and investor groups they all have their own sweet spots that are very sensitive to each other so we're actually doing three different negotiations.
I've been trying to find information about the viability of putting a tunnel underneath France and I did come across the 2005 greater Southdale area land use Transportation study... and there's one paragraph about tunnels which is basically saying it's really hard to do... what I'm seeing is there really isn't anything out there because this is not really something that people have considered to be viable and that makes me incredibly concerned about just the speed that this tunnel project has taken on.
I'd like to see that before the 19th and I'm just using the 19th our docket says the 6th is when you were planning on coming back so um there's kind of a statement there in an ask if we could does that make sense?
The church's has a very unique parcel in that the benefit the market benefit test is done by the square footage or square area of the parcel but are policies by the square footage of the building in this case they're almost identical which is not common for a church usually they got big parking lots.
I reached out to many of our leaders in our city on different opportunities for funding so I got about three to four different Grant possible grant opportunities for the church to pursue not associated with assessments but programming or buildings or some other stuff that they could investigate on their own.
I think people often say like being on council is a thankless job that's not true people can say thank you all they want to but for sure I think sometimes that the staff gets that kind of feedback as well you hear when things are not going well more than you do when things are are the opposite and going well.
This is excellent work and it's a solution that I didn't know existed... it's also I wanted to talk a little bit about the public hearing process and we wouldn't have known about this if they hadn't come forward and spoken.
Whereas Edina is a community which acknowledges that a very special vibrancy exists within the entire Community when its individual citizens collectively go the extra mile in personal effort volunteerism and service.
Ordinances & Resolutions (10)
Accepts donations on behalf of the City of Edina, including artwork from Peter Jarvis and monetary donations to Braemar Memorial Fund.
Approves subdivision and lot area, width, and depth variances for 5120 and 5124 Henerson Avenue; reestablishes original 1913 plat.
Proposed establishment of Tax Increment Financing District at 7235 France Avenue (Macy's site); action tabled to November 19, 2024.
Reduces special assessment against Morningside Community Church from $25,350.41 to $18,295.20; includes special assessment agreement.
Request for conditional use permit and variances (4.09-foot side yard setback variance and 22.7% basement wall exposure variance) for home demolition and rebuild in FEMA floodway.
Referenced by Member Risser regarding tunnel feasibility under France Avenue; requested to be posted online for public access.
Referenced by Member Risser; contains limited discussion of tunnel viability; requested to be posted online.
Study published late 2023; criticized by John Crabtree for incomplete historical documentation, incorrect track classification conclusions, and omission of six historical railroad stations.
Dated September 16, 2024; outlines conditions for conditional use permit approval including FEMA letter of map amendment requirements.
Designates November 1, 2024, as Extra Mile Day in Edina; supports Extra Mile America initiative.