HomeMy WebLinkAbout2024-12-17 Work Session Meeting Packet
Meeting location:
Edina City Hall
Community Room
4801 W. 50th St.
Edina, MN
City Council Work Session Meeting Agenda
Tuesday, December 17, 2024
5:15 PM Accessibility Support:
The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification,
an interpreter, large-print documents or something else, please call 952-927-8861 at least 72 hours in advance of the meeting.
1. Call to Order
2. Roll Call
3. Meeting Topics
3.1. 2025 Legislative Platforms - Review of Received Council Feedback
3.2. Zoning/Subdivision Ordinance Audit Report
4. Adjournment
Page 1 of 89
d
ITEM REPORT
Date: December 17, 2024 Item Activity: Discussion
Meeting: City Council
Agenda Number: 3.1
Prepared By: Zoe Johnson, City Management Fellow,
Ari Lenz, Assistant City Manager, Scott Neal, City
Manager
Item Type: Report & Recommendation Department: Administration
Item Title: 2025 Legislative Platforms - Review of Received Council Feedback
Action Requested:
Discuss the feedback that was received from City Council members and come to a consensus on
potential changes to both legislative platforms to finalize the platforms for Council's full adoption.
Information/Background:
The identification of state laws that might be changed to better achieve the goals of the City and the
broader Edina community is something that occurs each year. In the same vein, as City staff work
with colleagues and partners to identify these state laws, they also work to propose changes to said
state laws that may be working contrary to City goals - ultimately limiting the livelihood and progress
of the broader Edina community. While legislative sessions occur each year, changes to state laws can
take years to occur. Issues are debated, modified, and could still be unsuccessful - this is why it is
crucial to start the conversation early with the understanding that details will be fine-tuned
throughout the legislative process.
As the City continues to flush out the specifics within our 2025 State Legislative Platform, so do
associations such as Municipal Legislative Commission (MLC), Metro Cities (Association of
Metropolitan Municipalities), and the League of Minnesota Cities (LMC). Oftentimes, Edina's interests
align with these associations both by virtue of the City's participation in each association as well as
their guiding purpose. The City's 2025 State Legislative Platform does not duplicate items found in
MLC, Metro Cities, or LMC platforms, but it does assume general alignment with these partner
associations. As these associations finalize their platforms, staff will continue to address the need for
small updates and/or major changes to maintain proper issue alignment.
This staff report corresponds with the City's drafted 2025 State Legislative Platform, which addresses
concerns that may be considered in the 2025 state legislative session, beginning January 14, 2025. The
two types of items that make up the legislative platform are priorities and positions. Priorities are
issues specific to Edina and do not directly affect other communities. Positions are issues affecting
cities in general and are not specific to Edina.
After today's work session, the next steps that will follow will include attaching association legislative
platforms from MLC, Metro Cities, and LMC to our legislative platform, implementing any further
changes from Council received at this evening's work session, and lastly, full adoption of both Federal
and State Legislative Platforms.
Resources/Financial Impacts:
None.
Relationship to City Policies:
This relates to a variety of the City of Edina's strategic plans, including:
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• City Code
• Climate Action Plan
• Capital Improvement Plans
• Various department Work Plans
Supporting Documentation:
1. Staff Report_Council Feedback on 2025 Legislative Platforms_20241217
2. DRAFT 2025 State Legislative Platform_20241217 work session
3. DRAFT 2025 Federal Legislative Platform_20241217 work session
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
Staff Recommendation: If time allows, discuss the feedback that was received from City Council
members and come to a consensus on potential changes to both legislative platforms to finalize the
platforms for adoption on December 17, 2024.
Platform Items and Received Feedback:
Expansion of Local Sales Tax Spending Plan
The City of Edina seeks local authority to spend revenue collected under its current voter-approved
local sales tax for the full nineteen-year period for which it is authorized on capital improvements on
parks & recreation projects that serve a regional population. Proposals to spend these funds will be
submitted to voter approval during a regularly scheduled local election. This proposal does not increase
the term of the sales tax beyond its current nineteen-year term. This proposal does not increase the
rate of the current local sales tax. This proposal does not increase the scope of applicability of the
current local sales tax.
1. State Platform (Priority 1) – Expansion of Local Sales Tax Spending Plan
a. CM Jackson – Requested to remove. Concerns about what was communicated to
voters.
Funding Support for Entrepreneurs and Second-Stage Businesses
The City of Edina is pursuing direct funding from the Minnesota Department of Employment and
Economic Development and/or Veterans Affairs to support the Edina Chamber of Commerce and
BIG/Edina Business Innovation Lab to support ongoing support of entrepreneurs and second-stage
businesses. Supporting a three-to-five-year funding commitment at $200,000 annually would allow these
organizations to serve more clients and pursue higher levels of economic growth.
2. State Platform (Priority 5) – Funding Support for Entrepreneurs and Second-Stage Businesses
a. CM Jackson - Opposes this as worded. Feels that the City is in a place to endorse
funding being directed to Edina Chamber of Commerce and BIG/Edina Business
Innovation Lab but does not believe the City of Edina should ask for these funds for
itself.
Date:December 17, 2024
To:Mayor & City Council
From:Zoe Johnson, City Management Fellow
Ari Lenz, Assistant City Manager
Scott Neal, City Manager
Subject:Council Feedback on 2025 Legislative Platforms
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
Tax Increment Financing (TIF) Legislation for 70th and France and 72nd and France #2
The City approved the 70th and France and 72nd and France #2 TIF Districts in 2022 and 2023
respectively to encourage reinvestment and redevelopment of substandard commercial properties. After
considerable discussion, the City also entered into TIF redevelopment agreements with each
development team to provide TIF funding subject to project completion and delivery of proposed public
benefits.
The City requests an extension of the five-year rule to 10 years. In addition, the City requests the ability
to extend the terms of each TIF agreement, subject to approval by Edina City Council.
When these Districts were established, the developers were on pace to redevelop the sites with new
commercial and multi-family housing buildings and the existing buildings were demolished. Since the
Districts were established and the substandard buildings removed, the national economic climate has
changed significantly. Costs of construction material and labor have increased. Interest rates have
increased. The ability of private banks to finance office buildings has decreased. The availability of private
equity has also decreased. This situation is forecasted to see a slow recovery beginning in 2025.
Unfortunately, this pause in private financing hinders the ability of both redevelopment projects to
succeed. The ‘five-year rule’ in Minnesota TIF statutes will likely disqualify these sites from the use of TIF
at the level needed for success. Without the pledge of TIF to fill the financial gap, neither of these
projects will reach their potential.
The City requests an extension of the five-year rule to 10 years to allow the private lending sector to
return to normal. In addition, the City requests the ability to extend the terms of each TIF agreement,
subject to approval by Edina City Council. This would increase the 15-year term of the 70th and France
District to 25 years and the 25-year term of the 72nd and France #2 District to 30 years.
3. State Platform (Priority 6) – Tax Increment Financing (TIF) Legislation for 70th and France and
72nd and France #2
a. CM Jackson - Does not support the extension of TIF districts to 25 years and 30 years.
Data Practices and Personal Information
The purpose of the Minnesota Government Data Practices Act (MGDPA) is to provide open and
transparent information to the public, while protecting personal information from indiscriminate
disclosure. The City supports mechanisms to define and regulate reasonable data requests, and charges
that better reflect the actual costs of responding to data requests due to increases in data requests and
increased staff time required for repetitive, broad and far-reaching requests.
•Cities are experiencing increases in repetitive, overly broad, and far-reaching data requests.
•These requests require significant staff time to locate government records, redact private data
or data unrelated to the request, and assemble documents to be provided in order to comply
with requirements to provide access to public government data.
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
4. State Platform (Position 1.8) – Data Practices and Personal Information
a. CM Jackson - Feels this should be a top priority of the city.
Change Group Home Regulation
Licensed residential facilities do not have any distance separation requirements in single-family
residential use zones in Edina. Minn. Stat. 245A.11 allows distance requirements of 1,320 feet between
licensed residential facilities but limits the scope inequitably to cities in the first class. The City supports
licensed residential facility use in the City and urges this distance separation requirements be applied
fairly to all cities because:
•Grouping multiple facilities on the same block in a single-family residential neighborhood creates
substantial challenges to the neighborhood and reduces the community experience of individuals
in the facilities.
•Individuals no longer reap the benefit of enjoying a residential setting with a diversity of
households. When entire blocks are acquired for licensed residential facilities, the setting is
more similar to a large institutional campus.
•Neighborhoods experience an increase in traffic, parking needs, deliveries, and other activities
compounded by numerous facilities on the same block.
•Grouping multiple facilities effectively turns a residential area into a commercial area.
5. State Platform (Position 1.10) – Change Group Home Regulation
a. CM Jackson - Thinks that 1,320 feet is far too big a zone, and it should be 100 – 200
feet.
Clarity on THC-Infused Products
With the passage of Minn. Stat. 151.72 in July 2022, products containing THC are permitted for sale.
The City seeks clarification on if retail liquor stores can sell THC-infused beverages because:
•Without federal passage of the SAFE banking act, cannabis-related legitimate operations cannot
generate proceeds from unlawful activity, and banking institutions can be penalized by federal
authorities for providing services to a cannabis-related business.
•Current regulation allows for retailers like Edina Liquor to accept credit card payments only if
the percent of total revenue from THC products is less than 15%.
6. State Platform (Position 1.15) – Clarity on THC-Infused Products
a. CM Jackson - Thinks this position should be moved from the state to the federal
legislative platform.
Repeal the State’s Ban on Bag Bans
With the passage of Edina’s Carryout Bag Ordinance, the City took one step toward shifting consumer
behavior away from disposable goods. However, establishing a legislative path to ban plastic bags –
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
produced by fossil fuels and source of microplastics – is an essential next step to materially reduce
waste.
7. State Platform (Position 3.3) – Repeal the State’s Ban on Bag Bans
a. CM Jackson - Doesn’t agree with this statement and feels that bag bans lead people to
buy heavier plastic bags, defeating the goal of reducing fossil fuel use. Would like to
remove this item.
Potential New Positions/Priorities
8. State Platform – New Position/Priority
a. CM Agnew - Can we have some language that takes a position on changing state
legislation for New Construction Warranty, or the 1-2-10 Warranty, for promotion of
more owner-occupied housing?
b.STAFF ACTION: Assistant City Manager Lenz reached out to our state lobbyist, Katy Sen,
who informed staff that Rep. Elkins had been looking into this issue for the 2025 session.
i. This position/priority would likely be more akin to a broad vision statement to
say something along the lines of “we support opportunities that promote
affordable home ownership for residents,” or “we support removing regulations
that limit residents’ potential for affordable home ownership”
9. State and/or Federal Platform – New Position/Priority
a. Mayor Hovland - High Cost of Condominium Units, Insurance, Utilities, Staff and
Association Fees
i. Has received multiple messages from residents in Edina that are concerned for
their ability to continue to afford their units as the quality of infrastructure and
accountability with building owners and hired management continues to struggle
and steadily decline
b.STAFF RESPONSE: Community Development staff report this is a national issue that is
compounded by a lack of accountability from condo staff and owners.
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December 3, 2024
Mayor and City Council
Scott H. Neal, City Manager
Zoe Johnson, City Management Fellow
DRAFT 2025 State Legislative Platform
Priorities:
The following seven priorities are made up of issues specific to Edina and do not directly affect other
communities.
1 Expansion of Local Sales Tax Spending Plan
The City of Edina seeks local authority to spend revenue collected under its current voter-approved local
sales tax for the full nineteen-year period for which it is authorized on capital improvements on parks &
recreation projects that serve a regional population. Proposals to spend these funds will be submitted to
voter approval during a regularly scheduled local election. This proposal does not increase the term of the
sales tax beyond its current nineteen-year term. This proposal does not increase the rate of the current
local sales tax. This proposal does not increase the scope of applicability of the current local sales tax.
2 Bonding for Interchange Improvements at Minnesota Highway 100 and Vernon
Avenue/West 50th Street
The Minnesota Highway 100 interchange is non-standard with eight local road connections. The City
partnered with Hennepin County to improve this interchange, helping to reduce construction impacts and
cost. More importantly, the result will be a safer interchange for all users, by consolidating access points and
increasing pedestrian paths and creating a more connected Grandview district. Edina’s share of the total
project cost is estimated to be $15.47 million; the City is requesting $5.3 million from the state, to match
the local funds allocated for the project. In addition, the City requests that the State designates the surplus
land created by the project for expansion of the municipal campus including a much needed third fire station
in northeast Edina.
3 Bonding for the Aquatic Center
The Edina Aquatic Center is requesting state bonding to replace critical infrastructure in the facility’s pool
pump house. Total cost for the project is $10.5 million. The pool house was originally constructed in 1958,
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Page 2
and it needs replacement to accommodate changes in state code related to pumping apparatus, filter
requirements and surge tank reservoirs to address swimmer capacity displacement. The Aquatic Center is a
popular regional destination, with 75% of its annual visitors coming from outside of Edina, and an average of
850 to 1,000 visitors per day. Bonding would provide for a modern, code-compliant pool house, along with
augmented pool amenities and patron areas to ensure a safe visitor experience.
4 Sales Tax Exemption for Projects in the Braemar Park Master Plan and Fred Richards
Park Master Plan
The City will use new local sales and use tax revenue to make improvements and expansions to Braemar
Arena and Braemar Park and Fred Richards Park, as outlined in the Braemar Park Master Plan and Fred
Richards Park Master Plan. The City will seek a sales tax exemption for the material and supplies purchased
for the construction, reconstruction, upgrade, expansion, or remodeling of City facilities included in the
Braemar Park Master Plan and the Fred Richards Park Master Plan.
5 Funding Support for Entrepreneurs and Second-Stage Businesses
The City of Edina is pursuing direct funding from the Minnesota Department of Employment and Economic
Development and/or Veterans Affairs to support the Edina Chamber of Commerce and BIG/Edina Business
Innovation Lab to support ongoing support of entrepreneurs and second-stage businesses. Supporting a
three-to-five-year funding commitment at $200,000 annually would allow these organizations to serve more
clients and pursue higher levels of economic growth.
6 Tax Increment Financing (TIF) Legislation for 70th and France and 72nd and France #2
The City approved the 70th and France and 72nd and France #2 TIF Districts in 2022 and 2023 respectively
to encourage reinvestment and redevelopment of substandard commercial properties. After considerable
discussion, the City also entered into TIF redevelopment agreements with each development team to
provide TIF funding subject to project completion and delivery of proposed public benefits.
The City requests an extension of the five-year rule to 10 years. In addition, the City requests the ability to
extend the terms of each TIF agreement, subject to approval by Edina City Council.
When these Districts were established, the developers were on pace to redevelop the sites with new
commercial and multi-family housing buildings and the existing buildings were demolished. Since the Districts
were established and the substandard buildings removed, the national economic climate has changed
significantly. Costs of construction material and labor have increased. Interest rates have increased. The
ability of private banks to finance office buildings has decreased. The availability of private equity has also
decreased. This situation is forecasted to see a slow recovery beginning in 2025.
Unfortunately, this pause in private financing hinders the ability of both redevelopment projects to succeed.
The ‘five-year rule’ in Minnesota TIF statutes will likely disqualify these sites from the use of TIF at the level
needed for success. Without the pledge of TIF to fill the financial gap, neither of these projects will reach
their potential.
The City requests an extension of the five-year rule to 10 years to allow the private lending sector to return
to normal. In addition, the City requests the ability to extend the terms of each TIF agreement, subject to
approval by Edina City Council. This would increase the 15-year term of the 70th and France District to 25
years and the 25-year term of the 72nd and France #2 District to 30 years.
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7 Protect Municipal Employees with Enforcement Functions
Many city employees and contractors are required to enforce administrative codes, rules, ordinances, and
state laws as part of their job duties. Minnesota law recognizes the need to protect certain employees
whose jobs make it more likely they will be the target of assaults by escalating assault charges from fifth to
fourth degree for the assaults of peace officers, firefighters, school officials, and “public employees with
mandated duties.” However, employees such as code enforcement officials, utility operators, municipal
liquor store clerks and others have similar enforcement functions. The City supports extending the existing
protection to all public employees whose jobs require them to enforce administrative codes, rules,
ordinances, and state laws as a part of their job because: Due to the enforcement function of their jobs,
these public employees can be and have been subject to verbal assaults, threats, and physical violence. This
would more evenly apply the law to all employees more likely to become target of assaults.
Positions:
The following legislative positions are grouped into five categories: General Government (page 3-7),
Affordable Housing (8-9), Environment and Sustainability (9-12), Transportation (12-13) and Public Safety
(13-16). These positions represent issues which apply to Edina and other Minnesota cities.
1 GENERAL GOVERNMENT
1.1 Realign Motor Vehicle Lease Sales Tax Allocation
In 2015, state legislation reallocated $32 million of the sales tax collected from leased vehicles from the
State's general fund, half to Greater Minnesota and half to metro counties through the County State Aid
Highway Fund. To balance funding for transit and roads/bridges, the new law excluded Hennepin and
Ramsey Counties from receiving their share of funding. Instead, the other five metro counties split the
proceeds generated in Hennepin and Ramsey Counties.
With the elimination of the Counties Transit Improvement Board (CTIB) in 2017, all seven metro counties
now collect their own local transportation sale tax, but the exemption still blocks Hennepin and Ramsey
Counties. The City of Edina advocates for returning to the original intent by eliminating the exemption of
Hennepin and Ramsey Counties and distributing the sales tax on lease vehicles, per the county state aid
formula, to all metro counties. The City supports re-aligning the distribution because:
•Distributing Hennepin and Ramsey County proceeds to the other five metro counties puts cities in
Hennepin County at a disadvantage when it comes to accessing county funds for road and bridge
projects.
•This change would provide an estimated $10.7 million in additional funding to Hennepin County for
roads and bridges.
1.2 Increase Purchasing Agency
The City Manager is the chief purchasing agent of statutory Plan B cities. State law requires the City Manager
to recommend purchases and contracts and requires additional approval by the City Council. There are only
18 Statutory Plan B Cities in MN.
•In Edina, this approval is obtained through Requests for Purchase on the Consent agenda.
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•The $20,000 statutory threshold has not been raised since 2004. This does not account for standard
inflation over the past 20 years.
•The costs of items has significantly increased, most City purchases are well over $20,000. Allowing
the City Manager a higher purchasing threshold can make purchasing more efficient, while still
maintaining compliance and oversight of budget.
•Neighboring charter cities with the Council-Manager form of Government, have significantly higher
limits (St. Louis Park, Minnetonka, Richfield, Bloomington, Minneapolis, Hopkins) all have $175,000
thresholds.
•The City of Edina supports a raise in legal maximum to at least $175,000 (consistent with MN Statute
471.345) with the ability for individual City Councils to set lower thresholds at their discretion.
1.3 Adult-Use Cannabis
Legislation during the 2023 session legalized adult-use cannabis and established regulatory authority in the
new Office of Cannabis management. The City supports further clarification on the opportunity to operate a
municipal cannabis retail store because:
•Local governments should have the option to establish municipal dispensaries in the model of
municipal retail liquor stores, as both operations have primary goals of ensuring the safety and
security of the community.
•The City also seeks clarification on buffer distancing from “an attraction within a public park that is
regularly used by minors, including a playground or athletic field”. The current language is confusing,
hard to administer and opens municipalities up to lawsuits over interpretation. For instance, where
would you calculate a buffer requirement for a baseball field with no back fencing? Standard parcel
boundaries are easy to measure and allow easier mapping for potential cannabis retail operations.
1.4 Hearing Aid Affordability
Currently, hearing aids are not classified as durable medical equipment (DME) and therefore not covered
under many health insurance plans. Without health insurance coverage, many who need hearing aids are
unable to get them, as they cost three to six thousand dollars. The City supports programs or policy
changes reducing the cost of hearing aids and increasing access to them because:
•Hearing aids are critical devices for those who are deaf or hard of hearing.
•Without health insurance coverage, hearing aids are not affordable for those living on a fixed
income. Both Edina seniors on a fixed income and youth who age out of hearing aid support cannot
access hearing aids because of cost.
•Cochlear implants, which cost $80,000 to $120,000, are typically covered by health insurance while
hearing aids are not.
1.5 Allow Restrictions on Possession of Firearms in Municipal Facilities with School-Like
Use
The Minnesota Citizens Personal Protection Act, also known as “conceal-and carry,” prohibits guns on most
school properties but forbids other local units of government from prohibiting loaded firearms on their
properties. The inconsistencies in the law’s treatment of different kinds of properties have caused confusion
about how the law applies to multi-use facilities, such as municipal ice arenas used for school-sponsored
programs. While various public facilities can restrict firearm possession, including schools, public facilities
with a school-like function are not granted this authority. The City has several facilities with school-like
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usage and a large population of school-aged users. The City supports clarifying the law to allow municipal
facilities with school-like usage to restrict the possession of firearms inside their facilities because:
•This would align the law with other facilities that are authorized to restrict possession.
•This would be one step to securing the safety of those who use City facilities for a school-like
function.
1.6 Remove Language in the State Constitution Allowing for Enslavement of Incarcerated
People
The Minnesota Constitution states that “There shall be neither slavery nor involuntary servitude in the state
otherwise than as punishment for a crime of which the party has been convicted.” The City urges removal
of this language because:
•This is immoral and out of step with Minnesota values. As a public entity, it’s incumbent on public
officials to hold the state accountable to remove this language and its consequences.
•There is recent precedent for such an action, with Colorado, Nebraska, Utah, Alabama, Oregon,
Tennessee, and Vermont striking similar language from their constitutions.
1.7 Empower Unbanked Minnesotans to Participate in the Local Economy
The City of Edina would support legislation that requires certain businesses, such as food stores, to accept
cash payments, similar to bill SF4419 introduced in the 93rd legislative session. With the increase in
businesses refusing to accept cash for payment in recent years, more unbanked Minnesotans are prevented
from participating in the local economy or purchasing necessities such as groceries and hygiene products.
1.8 Data Practices and Personal Information
The purpose of the Minnesota Government Data Practices Act (MGDPA) is to provide open and
transparent information to the public, while protecting personal information from indiscriminate disclosure.
The City supports mechanisms to define and regulate reasonable data requests, and charges that better
reflect the actual costs of responding to data requests due to increases in data requests and increased staff
time required for repetitive, broad and far-reaching requests.
•Cities are experiencing increases in repetitive, overly broad, and far-reaching data requests.
•These requests require significant staff time to locate government records, redact private data or
data unrelated to the request, and assemble documents to be provided in order to comply with
requirements to provide access to public government data.
1.9 Various Election Administration Support
The City supports greater resources to assist in various aspects of election administration in local
governments.
•Supporting accessibility to voters who face barriers to voting.
•Supporting technical/administrative improvements – some changes to timeline for campaign finance
and procedure changes to the permanent absentee voting list.
•Modernizing election judge responsibilities – allowing staff to perform signature matches for
absentee ballots, language about emergency appointment of election judges for healthcare facilities.
•Supporting RCV standards and equipment.
•Supporting funding for elections through reimbursements from the state.
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•Supporting policies that protect and strengthen the security and safety of elections.
1.10 Change Group Home Regulation
Licensed residential facilities do not have any distance separation requirements in single-family residential
use zones in Edina. Minn. Stat. 245A.11 allows distance requirements of 1,320 feet between licensed
residential facilities but limits the scope inequitably to cities in the first class. The City supports licensed
residential facility use in the City and urges this distance separation requirements be applied fairly to all cities
because:
•Grouping multiple facilities on the same block in a single-family residential neighborhood creates
substantial challenges to the neighborhood and reduces the community experience of individuals in
the facilities.
•Individuals no longer reap the benefit of enjoying a residential setting with a diversity of households.
When entire blocks are acquired for licensed residential facilities, the setting is more similar to a
large institutional campus.
•Neighborhoods experience an increase in traffic, parking needs, deliveries, and other activities
compounded by numerous facilities on the same block.
•Grouping multiple facilities effectively turns a residential area into a commercial area.
1.11 Expansion for Collection of Park Dedication and Parks Dedication Fees
The City of Edina supports an expansion to cities’ abilities to collect park dedication feeds related to the
creation of new housing units. The existing city authority should be preserved by the legislature to maintain
an ability to require parkland dedication and park dedication fees. The City supports an amendment to
Minnesota statute 462.358 to allow all cities the option to require a reasonable portion of land or park
dedication fee on new housing units and new commercial and industrial development without the
requirement that land be subdivided.
Municipal Liquor
Positions 1.11-1.15 relate to municipal liquor. The City has operated a municipal liquor store since it was
established by local referendum in 1948. The liquor operation generates over $1 million annually in profit.
These profits fund Edina’s recreational facilities, including the ice arena, art center and aquatic center,
allowing the City to reduce user fees and allow greater access. The City’s recreation programs serve
children and families from all over the metro area, not just Edina. Continual support of liquor stores and
their ability to generate profit allows municipal liquor stores to benefit the community and region through
local programs and amenities.
1.12 Reinforce the Open Wholesaling Systems through Legislation
In 2021, Miami-based Southern Glazer's Wine and Spirits filed a lawsuit against the State of Minnesota
seeking elimination of a Minnesota law called the Coleman Act, which contains the open wholesaling system
of spirits distribution. Open wholesaling of spirits requires that all spirit brands (with some exceptions) be
available for sale to all licensed Minnesota wholesalers. This encourages healthy competition among
wholesalers benefiting both sellers and customers. If Southern Glazer's lawsuit is successful, more than half
of the spirit brands in Minnesota may become exclusive with Southern Glazer's. The City opposes this
lawsuit and supports an amendment of the Coleman Act to reinforce a system of open wholesaling because
without protections for open wholesaling:
•Wholesale prices will increase.
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•Service levels on certain brands will decrease.
•Purchase and delivery schedules will be reduced.
•Sale margins will be compressed.
1.13 Oppose Further Changes to Tap Room Retail Operations
Due to changes during the COVID-19 pandemic, tap rooms can offer limited direct-to-customer sales via
carryout. These sales are controlled by quantity, and the product must use different packaging than the
product supplied wholesale to liquor stores. The City opposes further changes to tap room retail operations
because changes could allow bulk or exclusive sale from tap rooms jeopardizing the State of MN three-
tiered system.
1.14 Protect Customer Data
As a municipal operation, municipal liquor stores may be subject to data practices requests. The City
supports protections for customer data because:
•Customer data subject to request could include purchase history and personally identifying
information.
•The threat of data requests erodes trust with the customer.
•It may put municipal liquor stores at a competitive disadvantage.
•The City’s municipal liquor operation discontinued its customer rewards program, because without
clarity of what information is subject to a data request, the City would not hold personally
identifying information and purchase history that could be subject to a data request.
1.15 Clarity on THC-Infused Products
With the passage of Minn. Stat. 151.72 in July 2022, products containing THC are permitted for sale. The
City seeks clarification on if retail liquor stores can sell THC-infused beverages because:
•Without federal passage of the SAFE banking act, cannabis-related legitimate operations cannot
generate proceeds from unlawful activity, and banking institutions can be penalized by federal
authorities for providing services to a cannabis-related business.
•Current regulation allows for retailers like Edina Liquor to accept credit card payments only if the
percent of total revenue from THC products is less than 15%.
1.16 Maintain Constraints on Off-Sale Liquor
Currently, grocery and convenience stores can sell 3.2% alcohol, while all other alcohol products are sold at
liquor stores. Some grocery stores opt to apply for an off-sale liquor license and can sell beer, wine and
liquor at the store, with some adjustments, including a separate entrance. The City of Edina supports
maintaining the constraints on off-sale liquor because:
•The constraints allow for smaller private and municipal liquor stores to compete on an even playing
field.
•Claims that the off-sale liquor license process inhibits growth are rebutted by several grocery stores
opting for some locations applying for the off-sale liquor license.
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2 AFFORDABLE HOUSING
Affordable housing includes two focuses: regulatory tools for affordable housing (2.1, 2.2, 2.3), protecting
low- and moderate-income tenants (2.4, 2.5).
2.1 Reduce the Tax Rate on Land Trust Properties to Align with the 4d Property Tax
Classification
Previous legislative sessions made changes to the tax classification of Community Land Trust properties by
reducing the tax rate for the 1a – Residential Homestead classification, from an up to 1.25% rate to 0.75%.
The City supports a change to align with the 4d property tax classification, which is applied to low-income
rental properties at up to a 0.25% rate because:
•Homeowners lease, and do not own, the land from the Land Trust.
•The property is required to be affordable as memorialized through the ground lease.
•The Land Trust is designed to create affordable home ownership opportunities, but requiring the
homeowner to pay property taxes on the value of the house and the land at the single-family
homestead rate makes homes less affordable.
•Due to both leasing the land and the requirement that it stay affordable, 4d is a more appropriate
tax classification than 1a.
•Edina has 26 land trust residential properties, with property values in the city rapidly increasing.
High property values and corresponding taxes impact the ability of land trust homeowners to
remain in their home.
2.2 Protection of and Taxation for Housing Purchased by Corporations for Renting
The City supports legislation that authorizes a tax on the sale of these properties to corporations and
protections prohibiting the conversion of single-family residences into rental properties by developers and
corporations. The City supports bills introduced in the 92nd legislature: SF 3147, imposing the tax, and SF
4313, prohibiting the conversion, because:
•The City and surrounding communities have seen an increase in the number of residences
converted from single family homes owned by the residents to rental properties.
•Such conversion negatively impacts ownership opportunities for residents.
2.3 Support for “Missing Middle” Legislation with Local Controls
While the “missing middle” housing bill in the 93rd Legislature (HF4009/SF3964) was tabled, the City would
look favorably on legislation that similarly encourages and incentivizes “missing middle” housing and strategic
land use adjustments, provided it has more flexibility for local control options. The City supports strategic
gentle density because:
•The City’s Climate Action Plan has goals for reducing vehicle miles traveled (VMT) 7 percent and
doubling public transit commuter ridership by 2030, both of which are only possible in a more
walkable, bikeable, and transit-friendly Edina.
•Diversifying housing stock by providing options such as accessory dwelling units (ADUs) and
duplexes allows communities like Edina to maintain their suburban character while allowing more
residents to age in place, downsize, purchase starter homes, raise their families where they
themselves grew up, and more while remaining affordable.
•Increasing the City’s population broadens the tax base, keeping individual household taxes low while
maintaining high levels of municipal services.
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2.4 Discrimination Protections for Source of Income
The City of Edina supports legislation amending the Minnesota Human Rights Act (specifically § 363A.09
Unfair Discriminatory Practices Relating to Real Property) to protect Minnesotans from being denied
housing based on their source of income because:
•The purpose of making housing discrimination based on a person’s source of income illegal is to
increase housing choices for Minnesotans who utilize housing assistance such as emergency rental
assistance or housing choice vouchers (also known as “Section 8”).
•With the majority of Minnesotans who use federal housing choice vouchers being BIPOC, the denial
of housing based on source of income widens racial disparities, preventing housing stability and
exacerbating poverty and homelessness.
Housing assistance is guaranteed income for landlords, providing them with more stable rental funds.
2.5 Reform Eviction Expungement
Records of unlawful detainer filings, or eviction lawsuits, remain on a tenant’s public record regardless of
whether the matter was settled or dismissed prior to the court hearing or if the tenant prevails at the
hearing. The City supports legislation expanding the eligibility for discretionary and mandatory
expungements for eviction case court files because:
•In these cases, the eviction record is not a reasonable predictor of future tenant behavior and
should be expunged.
•The existence of this record impedes the ability of the renter to secure suitable rental housing in
the future.
3 ENVIRONMENT AND SUSTAINABILITY
Environment and sustainability has five thematic focuses: energy management and environment (3.1, 3.2, 3.3),
right to repair (3.4, 3.5, 3.6, 3.7, 3.8), sustainable transportation (3.10, 3.11, 3.12), local environmental public
health programs (3.12) and water resource management (3.13, 3.14)
3.1 Establish Building Performance Standards
Large commercial buildings are a significant contributor to Minnesota’s and Edina’s greenhouse gas
emissions. Building energy benchmarking is already in use, requiring building owners to report energy use
but includes no requirement for improving their building’s energy efficiency. The City supports establishing
building performance standards that:
•Create greenhouse gas emission reduction and energy performance targets, a timeline to meet
them, and resources to help building owners comply.
3.2 Establish a Right to Cooling Standard for Minnesotans
In 2023, the Legislature passed a right to heating law for renters, to ensure renters have safe and functional
homes. The City supports establishing a similar right to cooling, coupled with increased resources for the
Energy Assistance Program (EAP) that provides utility bill relief and Weatherization Assistance Program
(WAP) that supports air sealing and insulation upgrades. Resources should include the ability to accept
applications year-round and without a cap on annual service recipients. The City supports this because:
•Minnesota is warming rapidly.
•Excessive heat has well-documented health consequences, including serious illness and death.
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•Renters require additional protections to ensure landlords provide a safe and functional home.
3.3 Repeal the State’s Ban on Bag Bans
With the passage of Edina’s Carryout Bag Ordinance, the City took one step toward shifting consumer
behavior away from disposable goods. However, establishing a legislative path to ban plastic bags – produced
by fossil fuels and source of microplastics – is an essential next step to materially reduce waste.
3.4 Allocate I 00% of State Revenue from the Solid Waste Management Tax (SCORE) to
County Waste Management Activities
Currently, the City is awarded a portion of the SCORE funds annually for residential recycling, residential
organics recycling and participation in both at the multi-family building level. The City strives to spend 100%
of the funds on allowable purposes. The City supports continued SCORE funding because:
•The funds advance waste reduction, reuse, recycling and organics programs to meet city, county and
state recycling goals.
•SCORE funding allows the City to conduct critical outreach.
3.5 Support Efforts for the Proper Labeling of Compostable Products
The City supports promoting only vetted manufactures because:
•Working with only vetted manufactures reduces the likelihood of products with misleading claims to
be sold or distributed in Minnesota.
•It reduces City contamination in the recycling process.
•It simplifies education on which certifications customers can look for.
3.6 Fund Expanded Infrastructure at the Local Level for the Creation of Compost
Processing Sites and Anaerobic Digesters
The City supports additional funding for counties creating compost processing sites and anaerobic digesters
because:
•Landfilling all waste in Hennepin County and metropolitan area is no longer a viable option.
•Compost processing sites and anaerobic digesters provide more options for waste haulers.
3.7 Develop and Fund Zero-Waste Initiatives
Zero-waste initiatives manage all discarded materials to their highest and best use according to the waste
management hierarchy set forth in the Waste Management Act. The City supports the development of zero-
waste initiatives because:
•They will aid local governments reaching recycling and composting goals.
•The City’s waste reduction goals mirror those set by the state, county and Edina’s climate action
plans.
3.8 Expand Right to Repair Law
The Digital Fair Repair Act that went into effect on July 1, 2024, is instrumental to reducing waste and
encouraging reuse in Minnesota by furthering the life of consumer products. To further the success of the
new law, the right to repair measures should be expanded to include previously excluded equipment such as
farm equipment and wheelchairs (similar to Colorado’s law) and vehicles (such as in Massachusetts).
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Expanding on the right-to-repair to include more than just electronics would improve this new law to be
even more equitable for a wider range of Minnesotans.
3.9 Increase Funding for the State E-bike Rebate Program
In 2023, the State appropriated $2 million for a new e-bike rebate program. Expecting that eligible
participants will each receive an average of $1,000, this is only 2,000 new e-bikes on the road. The City
supports continuing and increasing this fund because:
•2024 program demonstrated a high demand for assistance.
•More low-income residents will be able to access new and climate friendly transportation.
•E-bikes are associated with positive health benefits and increased mobility.
3.10 Establish State Funding to Support Expanded Carshare Networks in the Twin Cities
and Minnesota
Xcel Energy pulled private funding from HOURCAR in 2023, the nonprofit electric carshare service in
Minneapolis and Saint Paul. The City supports an expanded network and has studied resident support via a
partnership with the University of Minnesota’s Resilient Communities Project in 2022-23. The City supports
this because:
•Carshares are a viable alternative to owning a personal vehicle.
•Carshares have a demonstrated history of reducing vehicle miles traveled.
3.11 Continue Support for Local Environmental Health Regulatory Programs
Currently, the State delegates authority to operate food, pool and lodging establishment regulatory
programs to cities and counties. The City supports continuing local operation of these public health services
and programs, because:
•It allows cities to provide services to meet local needs.
3.12 Support Funding Research, Training, and Legislation for Applicators of Chloride-
Containing De-icing Chemicals
Salt is a pollutant and causes damage to infrastructure and the environment. Private contractors tend to
over-apply salt on parking lots and sidewalks, often because they are afraid of “slip-and-fall” lawsuits. The
City supports state funding for research and training for public and private applicators of chloride-containing
de-icing chemicals, and legislation to address liability concerns of private de-icing salt applicators because:
•Waterbodies throughout the state, including within and downstream of Edina, fail to meet the water
quality standards for chloride (salt) established by the state and so have been added to the federal
register of impaired waters as required by the Clean Water Act.
•The legislation, which is modeled on a similar law passed in New Hampshire, would incentivize
contractors to attend training, get certified, and document their practices, reducing the over-
application of salt.
3.13 Support for Truth in Labeling of Chloride- Containing De-icing Chemicals
Truth in labeling can help consumers by providing access to accurate and comprehensive information
regarding the composition, environmental impact, risks to infrastructure damage, and exposure risk to pets.
Current labeling practices falsely claim or imply chloride containing products are environmentally safe and/or
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pet safe. Truth labeling would empower individuals to select the appropriate material for the job and reduce
overapplication.
3.14 Support Reduction of Chloride Pollution from Wastewater Effluent
Chloride pollution in wastewater effluent comes primarily from water softening processes. Reducing
chloride in wastewater effluent is important for meeting clean water goals in downstream waterbodies.
Wastewater generated locally is treated at the regional wastewater treatment plant before discharging to
the Mississippi River. Reducing chloride pollution in wastewater will benefit downstream aquatic ecosystems,
protect drinking water sources, and extend the lifespan of water infrastructure.
3.15 Inflow and Infiltration (I/I) Municipal Grant Program
Inflow and infiltration (I/I) describe the ways that groundwater and stormwater make its way into sanitary
sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The Metropolitan Council
identifies cities contributing excessive I/I into the regional wastewater system and charges the city for the
excess. The City supports state financial assistance to cities for metro area I/I mitigation, such as the
Municipal State Bond Grant Program because:
•I/I mitigation supports efficient use of the regional system for waste treatment.
•I/I mitigation slows the need for capacity upgrades.
4 TRANSPORTATION
4.1 Continue and Increase Municipal State Aid (MSA) Funding
The City has 40.85 miles of roads designated as MSA. This state funding is vital to maintain these high-quality
connections. The City asks for continued support of municipal state aid funding because:
•The state aid road system was developed to provide vital, high-quality connections necessary for the
overall state highway network to work well.
•The roads that are on the state aid system typically carry heavier traffic volumes, connect major
points of interest and provide an integrated and coordinated road system.
4.2 Municipal State Aid (MSA) Cost Participation
The City supports malleability in, or exemption from, cost participation policies, especially for cities with a
disproportionate amount of state or county highways within and encircling their local boundaries. Special or
additional funding from the state legislative for cities that have these burdens of additional cost participation
in projects involving state and county roads including the placement of underground utilities due to those
projects should be supported.
4.3 Increase Local Bridge Replacement Program (LBRP) Funding
The Local Bridge Replacement Program provides local agencies funding for the reconstruction, rehabilitation
or removal of bridges or structures. The program is financed by the passage of specific legislation allocating
general obligation state bond funds, but regularly does not receive enough funding. The City supports
funding dedicated to the Local Bridge Replacement Program to provide safe bridges because:
•The City has 27 local bridges.
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4.4 Expansion of Public Transportation Frequency and Reach
Edina, like much of the Metro area, continues to experience a persistent reduction in transit service
frequency and reach as a result of pandemic-era service reductions and workforce shortages. The City
supports additional funding to return transit service to pre-pandemic levels, support operator hiring
initiatives, and develop a connecting bus study for the METRO Green Line Extension (Southwest LRT)
because:
•The City’s transit ridership prior to the pandemic was about half the average rate of Hennepin
County.
•Adequate public transit offerings are essential to doubling public transit ridership to seven percent
by 2030 to reach our Climate Action Plan goals. Adequate public transit offerings are essential to
meeting the City’s climate action goals.
•Transit service supports many community and regional goals, including improving mobility, relieving
traffic congestion, reducing greenhouse gas (GHG) emissions and promoting sustainable
development and growth.
4.5 Support Tools and Strategies to Reduce Vehicle Miles Traveled
Transportation emissions account for 40% of Edina’s baseline greenhouse gas emissions and are projected to
become the leading emissions source in Edina as the energy sector decarbonizes. The City supports funding
to provide alternative transportation infrastructure to decrease the use of single-occupancy vehicles and
their associated negative impacts on air quality, traffic congestion and quality of life because:
•Total vehicle miles traveled (VMT) in Edina in 2021 was more than 500 million miles, an increase
from past years.
•The City’s Climate Action Plan identified a goal to reduce VMT by seven percent by 2030.
•Decreasing commuters driving alone by six percent to match the county-wide average would
decrease VMT by up to 10 million miles.
5 PUBLIC SAFETY
5.1 Emergency Medical Services (EMS) Local Control
In February 2022, the Office of the Legislative Auditor (OLA) released a report that found serious deficiencies
with both the management of the Emergency Medical Service Regulatory Board and the current ambulance
service license process. During the 2023 legislative session, the Minnesota Fire Association Coalition
introduced legislation, HF2736 and SF2691, to implement the recommendations of the OLA relating to the
primary service areas. The City supports this legislation because:
•Local governments should be able to set standards for EMS service in their communities.
•Local governments should have the authority to find an EMS provider than can meet local standards.
5.2 Residential Fire Sprinklers
There are few statutory requirements for residential fire sprinklers. The City opposes efforts to statutorily
limit the use of residential fire sprinklers and supports the inclusion of professionals and industry experts in
the creating or writing of any code parameters, particularly the installation of fire suppression systems in
residential building code, because:
•Sprinklers protect occupants, firefighters and property from fires.
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•Recent Minnesota studies show the cost of installing residential fire sprinkler systems averages $1.15
per sprinklered square foot, or approximately one percent of new home construction.
5.3 Support Funding for Auto Theft and Violent Crime Investigation
The City supports the creation and funding of a multijurisdictional group of law enforcement officials
focusing on investigations and prevention because auto theft and violent crimes committed in stolen vehicles
have dramatically increased. The City would also support funding for stronger juvenile justice resources,
such as building metropolitan area facilities that will house juvenile offenders, as these facilities could include
both detention and supportive resources, such as mental health evaluations and care, educational, vocational
and life skills training, mentorship and community reentry programs, etc.
5.4 Support Funding and Programming for Recruitment and Retention Needs
The City supports a variety of funded recruitment and retention programs for law enforcement agencies.
Programs include creating a state funded grant program for bonuses, renewing part-time officer licenses for
small agencies, paid health care for licensed police officers who retire at 55 after 10 consecutive years of
service with a Minnesota city, deferred retirement option programs, county or tribal government and
scholarship programs with higher education partners. The City supports these state funded programs
because:
•Agencies of all sizes are having trouble recruiting and retaining officers.
•Out-of-state agencies are recruiting Minnesota officers away from the state through reciprocity tests
and other minimal out-of-state requirements.
•Deferred retirement option programs in particular would help stabilize the workforce.
5.5 Fund additional K-12 Threat Assessments
The City supports legislation which would require school districts to study and address general and specific
school safety issues because:
•Previous funding, including the grants passed by the Legislature in 2018, only provided for
infrastructure improvements.
•Further assessment of school safety issues, beyond physical infrastructure, is needed.
5.6 Increase Penalty for Fleeing in a Motor Vehicle and Allow Use of Mobile Tracking
Devices
Currently, the penalty for an offender fleeing is relatively low and using tracking devices on stolen vehicles is
only allowed with owner consent or a search warrant. The City supports increasing the penalty for fleeing
and allowing officers to use mobile tracking devices on fleeing vehicles under specific circumstances. The
City supports this because:
•The number of offenders who flee police officers has increased as police departments shift away
from pursuing due to the high level of risk to the community. It is well known that police will often
not pursue, due to the risk.
•Increasing the penalty more appropriately captures the risk to the community when an offender
flees.
•Allowing officers to use mobile tracking devices when an officer has reason to believe a vehicle is
stolen or the driver has committed a crime reduces the need to pursue many offenders, allowing for
both safer streets and the ability to safely locate offenders.
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5.7 Revise School Resource Officer Legislation
In 2023, the 93rd Legislature changed the reasonable force standards by which school resource officers act
in schools. The City supports the following amendments to legislation:
Minnesota Statute 121A.582, Subd. 1(b):
Subd. 1 (b) expand the definition of when “reasonable force” may be used by amending the language as
follows: “to restrain a student and or prevent bodily harm or death to the student or another.”
Subd. 1 (b) clarify that use of reasonable force by a school resource officer or police officer contracted with
a district is regulated by Minnesota Statute 609.06.
Minnesota Statute 121A.58:
Subd. 2 (a) AND Subd. 2 (b): Remove “school resource officer” and “police officer contracted with the
district” from roles covered by this subdivision. Add a section that makes the exclusion of “school resource
officers” and “police officers contracted with a district” from the definition of “agents” or “employees” of a
school district explicit.
The City supports these amendments because:
•The current legislation has competing interpretations, some allowing for restraint and some banning
it except in the most extreme cases, and potentially creating different reasonable force standards for
school resource officers and police officers.
•School resource officer programs can benefit students, officers, and communities through positive
interactions. The current legal confusion caused many partnerships between schools and police
departments to be put on pause, absent clear direction.
5.8 Transparent and Holistic Brady/Giglio Legislation
The subject of Brady/Giglio received statewide attention in the 2024 legislative session by bills introduced by
the Hennepin County Attorney’s Office allowing access to all private data on police officers. Additionally,
several bills were introduced by legislators to have a statewide Brady standard for police officers, county
attorneys, and the judiciary to follow.
The City of Edina asserts that any proposed bill must include a statutory definition of Brady material, due
process for an officer or police agency to contest a county attorney’s designation of Brady material,
requirement to maintain any kind of Brady data on officers and who can access the data, CJIS security
compliance of data, and uniformity of protective court orders involving Brady material. The Minnesota
Chiefs-Police Association (MCPA) has supported legislation for numerous years through the Officer
Integrity Act allowing for a Minnesota Licensed Peace Officer to be terminated from public employment
without opportunity to challenge the remedy of termination should the basis for termination be willful or
intentional dishonestly, deception, or similar unethical or illegal conduct that is deemed sufficient to imperil
their credibility in court testimony. The City of Edina does not support limiting an officer’s due process right
to arbitration. A well-developed and transparent Brady/Giglio process will provide confidence and legitimacy
for all participants in the criminal justice process and the public as other states have enacted (examples:
Colorado and Iowa).
5.9 Support for First Responder Buffer Zone Protection
The City supports legislation that would assist officers making arrests in difficult situations. This legislation
would make it illegal to approach within 25 feet of a working first responder after being asked or ordered to
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back up. Similar legislation was passed earlier this year in Louisiana and Florida. The ultimate goal is to help
keep our first responders safe while working. Those first responders could be law enforcement officers,
correctional probation officers, firefighters, and/or emergency medical care providers.
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City of Edina Staff Contact Information
Priorities
Scott Neal, City Manager, can be contacted regarding any of the legislative priorities, in addition to the staff
below. He can be reached at SNeal@EdinaMN.gov or 952-826-0401.
1 Expansion of Local Sales Tax Spending Plan Scott Neal, City Manager
SNeal@EdinaMN.gov
952-826-0401
2 Bonding for Interchange Improvements at Minnesota Highway
100 and Vernon Avenue/West 50th Street
Chad Millner, Director of
Engineering
CMillner@EdinaMN.gov
952-826-0318
3 Bonding for Aquatic Center Perry Vetter, Director of Parks
& Recreation
PVetter@EdinaMN.gov
952-826-0430
4 Sales Tax Exemption for Projects in the Braemar Park Master
Plan and Fred Richards Park Master Plan
Perry Vetter, Director of Parks
& Recreation
PVetter@EdinaMN.gov
952-826-0430
5 Funding Support for Entrepreneurs and Second-Stage
Businesses
Scott Neal, City Manager
SNeal@EdinaMN.gov
952-826-0401
6 Tax Increment Financing (TIF) legislation for 70th and France
and 72nd and France
Bill Neuendorf, Economic
Development Manager
BNeuendorf@EdinaMN.gov
952-826-0407
7 Protect Municipal Employees with Enforcement Functions Scott Neal, City Manager
SNeal@EdinaMN.gov
952-826-0401
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Positions
1 GENERAL GOVERNMENT
1.1 Re-align Motor Vehicle Lease Sales Tax Allocation
1.2 Increase Purchasing Authority
1.3 Adult-Use Cannabis
1.4 Allow Restrictions on Possession of Firearms in
Municipal Facilities with School-Like Use
1.5 Remove Language in the Minnesota State
Constitution Allowing for Enslavement of
Incarcerated People
1.6 Empower Unbanked Minnesotans to Participate in
the Local Economy
1.7 Data Practices and Personal Information
1.8 Various Election Support
1.9 Hearing Aid Affordability
Scott Neal, City Manager
SNeal@EdinaMN.gov
952-826-0401
1.10 Change Group Home Regulation Cary Teague, Community
Development Director
CTeague@EdinaMN.gov
952-826-0460
1.11 Reinforce the Open Wholesaling Systems through
Legislation
1.12 Oppose Changes to Tap Rooms Retail Operations
1.13 Protect Customer Data
1.14 Clarity on THC-Infused Products
1.15 Maintain Constraints on Off-Sale Liquor
Josh Furbish, Liquor Operations
General Manager
JFurbish@EdinaMN.gov
952-903-5732
2 AFFORDABLE HOUSING
2.1 Reduce the Tax Rate on Land Trust Properties to
Align with the 4d Property Tax Classification
2.2 Protection of and Taxation for Housing Purchased by
Corporations for Renting
2.3 Support for “Missing Middle” Legislation with Local
Controls
2.4 Discrimination Protections for Source of Income
2.5 Reform Eviction Expungement
Stephanie Hawkinson, Affordable
Housing Development Manager
SHawkinson@EdinaMN.gov
952-833-9578
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3 ENVIRONMENT AND SUSTAINABILITY
3.1 Establish Building Performance Standards
3.2 Establish a Right to Cooling Standard for Minnesotans
3.3 Repeal the State’s Ban on Bag Bans
Marisa Bayer, Sustainability
Manager
MBayer@EdinaMN.gov
952-826-1621
3.4 Allocate I 00% of State Revenue from the Solid Waste
Management Tax (SCORE) to County Waste
Management Activities
3.5 Support Efforts for the Proper Labeling of
Compostable Products
3.6 Fund Expanded Infrastructure at the Local Level for
the Creation of Compost Processing Sites and
Anaerobic Digesters
3.7 Develop and Fund Zero-Waste Initiatives
Twila Singh, Organics Recycling
Coordinator
TSingh@EdinaMN.gov
952-826-1657
3.8 Expand Right to Repair Law
3.9 Increase Funding for State E-Bike Rebate Program
3.10 Establish State Funding to Support Expanded Carshare
Networks
Marisa Bayer, Sustainability
Manager
MBayer@EdinaMN.gov
952-826-1621
3.11 Continue Support for Local Environmental Health
Regulatory Programs
Jeff Brown, Community Health
Administrator
JBrown@EdinaMN.gov
952-826-0466
3.12 Support Funding Research, Training, and Legislation
for Applicators of Chloride-Containing De-Icing
Chemicals
3.13 Support for Truth in Labeling for Chloride-Containing
De-Icing Chemicals
3.14 Support Reduction of Chloride Pollution from
Wastewater Effluent
Jessica Vanderwerff Wilson, Water
Resources Coordinator
JWilson@EdinaMN.gov
952-826-0445
3.15 Inflow and Infiltration (I/I) Municipal Grant Program Ross Bintner, Engineering Services
Manager
RBintner@EdinaMN.gov
952-903-5713
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4 TRANSPORTATION
4.1 Continue and Increase Municipal State Aid (MSA)
Funding
4.2 Municipal State Aid (MSA) Cost Participation
4.3 Increase Funding for Local Bridge Replacement
Program (LBRP) Funding
4.4 Expansion of Public Transportation Frequency and
Reach
4.5 Support Tools and Strategies to Reduce Vehicle Miles
Traveled
Chad Millner, Director of Engineering
CMillner@EdinaMN.gov
952-826-0318
Andrew Scipioni, Transportation
Planner
AScipioni@EdinaMN.gov
952-826-0440
5 PUBLIC SAFETY
5.1 Emergency Medical Services (EMS) Local Control
5.2 Residential Fire Sprinklers
Andrew Slama, Chief of Fire
ASlama@EdinaMN.gov
952-826-0332
5.3 Support Funding for Auto Theft and Violent Crime
Investigation
5.4 Support Funding and Programming for Recruitment
and Retention Needs
5.5 Fund Additional K-12 Threat Assessments
5.6 Increase Penalty for Fleeing in a Motor Vehicle and
Allow Use of Mobile Tracking Devices
5.7 Revise School Resource Officer Legislation
5.8 Transparent and Holistic Brady/Giglio Legislation
5.9 Support for First Responder Buffer Zone Protection
Todd Milburn, Chief of Police
TMilburn@EdinaMN.gov
952-826-0487
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December 3, 2024
Mayor and City Council
Scott H. Neal, City Manager
Zoe Johnson, City Management Fellow
DRAFT 2025 Federal Legislative Platform
1 Affordable Housing
Supplying affordable housing to all Minnesotans is an important investment to make in the state’s future.
Unfortunately, the funding available falls far short of what is needed. Cities cannot close the housing
affordability gap on their own. The City urges Congress to increase the allocation to Low-Income Housing
Tax Credits (LIHTC), prioritize affordable housing and work with local partners to coordinate federal
housing resources.
The City asks Congress to reduce the bond threshold from 50 percent to 25 percent of eligible costs for
LIHTC, allowing the tax-exempt bonds to leverage more credit across projects. This would result in
leveraging more private equity in affordable housing to create up to twice as many units, thus greatly
reducing the housing shortage. The City urges Congress to increase support for the Community
Development Block Grant (CDBG) and Home Investment Partnership (HOME) programs. These programs
are the principal source of federal revenue for localities to use in developing and implementing community
development solutions, such as affordable housing, that create and sustain healthy, functioning communities.
Additionally, in 2023 the State of Minnesota recognized a “right to heating” in winter to protect the
comfort, safety, and well-being of renters and low-income Minnesotans, along with additional tenant
protections. The City urges Congress to adopt similar standards nationwide, including rights to both heating
and to cooling, along with additional funding for the Low-Income Home Energy Assistance Program
(LIHEAP). Bills such as the Heating and Cooling Relief Act (S.405/H.R.893) not only would allow LIHEAP to
assist more households but also reduce both utility bills and building emissions via expanded weatherization
programs.
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2 Climate Change
The City approved its Climate Action Plan in December 2021, setting a goal to reduce greenhouse gas
emissions 45 percent by 2030. The plan includes 200 actions to meet our climate action goals, and the City
has already started or completed over 30 percent of these critical actions and has benefitted from federal
legislation and funding.
For example, the City received a $200,000 grant from the U.S. Department of Transportation’s Safe Streets
and Roads for All program to create a consolidated safe and equitable transportation plan, combining
existing pedestrian and bike master plans and new plans, like a roadway safety plan. Goals of this plan will
include reductions in vehicle miles traveled and increased multi-modal transit ridership and service.
While the City continues to lead local climate change efforts, federal assistance helps us meet our goals
more quickly and efficiently, particularly those concerning transportation and the greenhouse gas effects of
the transportation industry.
First, we ask for increased investment in high-speed passenger rail in the Midwest. The Twin Cities were
prioritized for more frequent service to Chicago, and the City is eager to keep this prioritization, but we
also seek high-speed rail connections to reduce short-haul flights in the Midwest. The City applauds the
$500,000 of federal funding allocated to the planning of the Northern Lights Express project, and look
forward to continued investment in the Midwest’s passenger rail network.
Second, we ask for the creation of a national e-bike rebate or tax credit program, such as one similar to the
Inflation Reduction Act’s electric vehicle (EV) credits. Minnesota’s program opened in July 2024 and there
was such a high demand that the website crashed. Higher levels of investment are needed than current state
funding. Such programs allow greater access to climate-friendly transportation, and e-bikes have positive
health benefits.
Third, we ask for support for transit system operations, like the Stronger Communities Through Better
Transit Act (H.R.7039). Edina seeks to double its transit ridership by 2030, and operations funding can help
Metro Transit increase service to suburban communities, increasing access, and increasing ridership
opportunities.
Finally, we ask that Congress declare a climate emergency. This recognition would open up additional
sources of funding and mobilization of resources that would empower federal, state, and local governments
to better prepare for and mitigate the consequences of climate change.
3 Enable Cities to Protect Residents from Harmful Levels of Aviation Noise
The City identified aviation noise as a key threat to the quality of life in Edina. The City requests support
from Edina’s federally elected officials for eliminating Categorical Exclusions (CATEX) when implementing
Performance Based Navigation (PBN). The process should ensure that ground impacts and community
concerns are incorporated into PBN that will change noise exposure. Regarding measuring noise, Day/Night
Noise Level (DNL) is an average and humans perceive noise as individual events, rather than averages, so we
believe it is time to investigate alternative metrics.
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STAFF REPORT
Page 3
The City is concerned about the impacts from the increased number and frequency of flights under
traditional PBN tracks. There is currently very little information pertaining to the human impact of the
concentration of flights associated with PBN procedures. Our residents are exposed to continuous
concentrated noise due to our proximity to the airport. Although there may not be an increase in average
noise as measured by DNL, there are unknown impacts from the increased number and frequency of flights.
Given the age of some Sound Insulation Programs (SIP) in the United States, the increase in traffic density at
our nation’s airports and improved technologies, the Edina City Council supports the eligibility standards
used prior to the September 2012 Program Guidance Letter (PGL-12-09).
The Edina City Council opposes the privatization of Air Traffic Control. We are concerned it may reduce
the accountability of the organization to Congress, and that without a mechanism for compelling private
companies to meet and discuss community concerns, there will be fewer opportunities for advocacy on
noise impacts. The FAA has taken positive steps to improve community engagement, including adopting a
Community Involvement Manual and hiring a Community Involvement Manager for Airspace Projects. The
Edina City Council believes that this will result in a more efficient and successful implementation of
NextGen, and we strongly support these efforts.
4 Post Office Preservation
The Edina Post Office in the 50th & France District, at 3948 Market Street, is housed in a leased facility. The
Edina Post Office is important to the Edina, Minneapolis and St. Louis Park residents it serves. We ask your
support in keeping a full-service post office in the 50th & France District and to initiate the planning process
for a new post office within the next 24 months.
5 Protection of Municipal Bonds
The City’s Aaa and AAA credit ratings from Standard & Poor’s and Moody’s Investors Services are a source
of community pride and represent the financial strength of our city. These ratings create opportunities for
the City to invest in our community’s future and provide the best value in public services back to our
residents.
It is the combination of local control and local responsibility that makes municipal bonds such an effective
and efficient tool. Any changes to the tax code should recognize the vital role of tax-except municipal bonds.
The City asks you to oppose any attempt to make changes to the tax-exempt status that would increase the
cost of financing for cities as doing so would impact our operations, our services and, ultimately, our
residents.
6 Railroad Safety
The City has one railroad that runs through the center of Edina, with two trains running daily on the tracks,
and there are numerous other tracks within a 10-mile radius. The City supports legislation to mitigate
negative safety concerns, noise, and environmental impacts of railroads and to increase communications with
first responders for municipal emergency response to non-rail incidents and rail incidents. Such legislation
includes the Railway Safety Act of 2023 (S.576). These measures are needed as the number and length of
trains in the state and metro area are increasing, and as recent derailments, such as the Burlington Northern
Santa Fe (BNSF) train derailment in Raymond, Minnesota, highlight the risk that rail poses to communities.
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STAFF REPORT
Page 4
Rail is an essential part of the national economy and reduces impacts on other infrastructure, so it must be
maintained and operated safely in communities.
7 Public Safety
The City operates a police department that includes sworn peace officers, a 911 dispatch division and
community engagement functions. As with many communities in the Twin Cities, recruitment and retention
of police officers, violent crime, and fentanyl overdoses remain enduring issues. The City supports initiatives
like Community Violence Intervention (CVI) programs and the Safer America Plan. These proactive
strategies are making a tangible difference in community safety across the nation, through their focus on
neighborhood safety, intervention and support before violent crimes take place, and recruiting and retaining
skilled and dedicated police officers. The City urges continued support of programs like these, through the
Congressional action laid out in the Safer America Plan.
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STAFF REPORT
Page 5
City of Edina Staff Contact Information
Scott Neal, City Manager, can be contacted regarding any of the legislative items, in addition to the staff
below. He can be reached at SNeal@EdinaMN.gov or 952-826-0401.
1 Affordable Housing Stephanie Hawkinson,
Affordable Housing
Development Manager
SHawkinson@EdinaMN.gov
952-833-9578
2 Climate Change Marisa Bayer, Sustainability
Manager
MBayer@EdinaMN.gov
952-826-1621
3 Enable Cities to Protect Residents from Harmful Levels of
Aviation Noise
Scott Neal, City Manager
SNeal@EdinaMN.gov
952-826-0401
4 Post Office Preservation Scott Neal, City Manager
SNeal@EdinaMN.gov
952-826-0401
5 Protection of Municipal Bonds Pa Thao, Director of Finance
PThao@EdinaMN.gov
952-826-0420
6 Railroad Safety Chad Millner, Director of
Engineering
CMillner@EdinaMN.gov
952-826-0318
7 Public Safety Todd Milburn, Chief of Police
TMilburn@EdinaMN.gov
952-826-0487
Page 32 of 89
d
ITEM REPORT
Date: December 17, 2024 Item Activity: Information
Meeting: City Council
Agenda Number: 3.2
Prepared By: Addison Lewis, Community Development
Coordinator
Item Type: Report & Recommendation Department: Community Development
Item Title: Zoning/Subdivision Ordinance Audit Report
Action Requested:
None.
Information/Background:
It has been 54 years since the last major update of Edina's zoning and subdivision ordinances in
1970. From time to time, it is critical to review, analyze, and update development regulations to
ensure they are aligned with City goals and working to achieve desired development outcomes. On
November 21, 2023, the City Council approved a proposal from HKGi to complete an audit of the
City's zoning and subdivision ordinances. The purpose of the audit is to provide a tool for identifying
and clarifying ordinance issues, opportunities for improvements, and prioritizing future ordinance
updates. HKGi has completed the report (attached) and will present the key findings and
recommendations at the work session.
Resources/Financial Impacts:
The cost of the audit was $30,000.
Relationship to City Policies:
The audit provides recommendations to better align zoning with the Comprehensive Plan and small
area plans.
Budget Pillar:
Livable City
If implemented, the recommendations in this report would help to achieve the desired development
outcomes and goals of the Comprehensive Plan and small area plans.
Reliable Service
If implemented, the recommendations would provide a more user-friendly development code that is
clear, well organized, and easy to understand.
Values Impact:
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Engagement
The City has undertaken extensive community engagement as part of the Comprehensive Plan and
small area plans. Updating development regulations accordingly is one component of implementing
those plans.
Supporting Documentation:
1. Edina Zoning and Subdivision Ordinance Audit Report
2. HKGi Presentation
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November 2024
Zoning/ Subdivision Ordinance Audit
City of Edina
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 2
Purpose of the Zoning/Subdivision Ordinance Audit
It has been 54 years since the last major update of Edina’s zoning/subdivision ordinances in 1970. As a
result of Edina’s zoning/subdivision ordinances being extremely outdated, not oriented to contemporary
types of development, and not aligned with adopted plans, simple development projects are subject to
overly complex regulations and approval procedures. It is critical to review, analyze and update zoning
regulations on a regular basis to ensure that they align with the City’s goals and enable desired
development outcomes to be achieved.
Since the last major zoning ordinance update in 1970, Edina has become a fully built-out community and
most of the development occurring in the community is redevelopment of properties. Edina’s
development practices and economics have changed significantly since 1970. Over time, Edina’s zoning
regulations have become outdated, no longer aligning with development market trends and
preferences. The City’s vision for development has also changed, as reflected in the 2040
Comprehensive Plan and small area plans. Since zoning is one of the most important tools for
implementing the City’s land use vision, it is important that zoning regulations are aligned with the
Comprehensive Plan and small area plans.
Additionally, an effective zoning ordinance should have clear standards that are organized in a structure
and format that makes it easy to find them. As a result of incremental amendments made to a zoning
ordinance over time, regulations become inconsistent with each other and are frequently located in
places where it is not expected or easy to find. It is critical to “clean up” these inconsistencies or
conflicts to make sure the zoning ordinance is well organized, understandable, and easy to use.
In 2024, the City of Edina undertook this Zoning/Subdivision Ordinance Audit to conduct a
comprehensive evaluation of key components of the zoning ordinance that have been especially
problematic: zoning districts, supplementary regulations, and some key development procedures. In
addition, an evaluation of the overall structure of the zoning and subdivision ordinances was conducted
to identify ordinance inconsistencies, eliminate redundancies, and opportunities to improve usability.
The Zoning Ordinance Audit is intended to document existing zoning and subdivision ordinance issues,
identify opportunities for improvement, and provide the City with recommendations for future
ordinance updates.
The Zoning/Subdivision Ordinance Audit was led by HKGi, a Minneapolis-based consulting firm with
extensive experience in zoning ordinance audits and updates.
Ordinance Audit Components
The Zoning/Subdivision Ordinance Audit consists of four primary components:
1) Zoning Districts – Evaluation of the zoning districts in terms of the quantity and types of
districts, current frequency for using each district, future applicability, degree of restrictiveness
vs. flexibility, complexity of standards, and alignment with the comprehensive plan.
2) Supplementary Regulations (Article XII, Division 2) – This article within the zoning ordinance is
a catch-all article containing a disparate group of standards that make the ordinance more
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 3
confusing and harder to find related information in the same area of the ordinance. This article
was evaluated for opportunities to reorganize and update these standards.
3)Key Development Procedures - Evaluation of key development procedures, including site plan
review, rezoning, planned unit development (PUD), and lot splits.
4)Zoning and Subdivision Ordinance Structure – Evaluation of the overall ordinance structure,
including reorganization of topics, renumbering of sections, opportunities for formatting
information to tables, and making the ordinance easier to use.
Key Findings
HKGi’s findings from the Zoning/Subdivision Ordinance Audit were presented and discussed with city
staff and the planning commission during 2024. This report incorporates input from those discussions.
Based on the audit’s findings and staff/planning commission input, HKGi has identified the following key
findings for each of the four primary components.
KEY FINDINGS: ZONING DISTRICTS
1)The zoning districts should better align with the 2040 Comprehensive Plan’s land use
categories.
a)The Comprehensive Plan’s goals and policies support expansion of housing options,
including Missing Middle Housing and higher densities within designated change areas.
The zoning districts have not been updated to align with the Comprehensive Plan’s future
land use categories, which makes implementing the City’s vision for land use and housing
difficult.
b)The low density R-1 and R-2 districts align with the Low Density Residential and Low
Density Attached Residential land use categories in the Comprehensive Plan. However,
there are not any medium and high density residential base districts to align with the
Medium and High Density Residential land use categories.
c)The zoning ordinance only has “planned” PRD/PSR subdistricts that allow dwellings with 3
or more units. Densities allowed in the “planned” subdistricts are too low to achieve the
allowed densities in the Comprehensive Plan’s Medium and High Density Residential land
use categories.
d)None of the “planned” residential districts’ densities achieve the maximum allowed
densities of the Comprehensive Plan’s High Density Residential and mixed use categories.
2)As a result of the current zoning districts not precisely aligning with the 2040 Comprehensive
Plan land use categories and being overly complex, simple development projects often must
seek approval through a rezoning to PUD.
a)The PUD process is generally intended to be used for unique and exceptional projects that
cannot be accommodated under conventional base districts; however, proposals for
simple townhome, apartments, and some commercial developments often must seek
approval through a PUD because the projects are not feasible within a conventional base
district or planned district. These projects struggle to meet the criteria for a PUD, making
them unnecessarily challenging.
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 4
o The townhomes at 52nd and Hankerson are a good example of this issue. Since
this project was approved by the City, this housing type is potentially
acceptable in other locations; however, the City has no conventional base
district nor planned district that would allow this to be built.
o PUDs allow for a “give-to-get” situation where the City provides flexibility on
zoning standards in exchange for more creativity and exceptional design;
however, this “give-to-get” is not well defined or easy to quantify. As a result,
expectations are not clear on what can be done with a particular piece of
property between developers, City officials, and neighboring residents. While
there are some clear expectations for things like affordable housing and
sustainable building, expectations for things such as architectural design,
building materials, public amenities, and landscaping are not well defined and
become negotiable. It is also not clear how much flexibility a developer is
granted in return for standards like setbacks, height and floor area ratio. This
increases the amount of subjectivity during the review process, often at a
time when there may be tension within the community about a particular
project. Development becomes less predictable, and the likelihood of
disagreement becomes higher. While the PUD’s flexibility is necessary to
accommodate unique projects, it should not be overly relied on for simple
development projects.
o PUDs are also more complex and require more staff time to administer after
they have been approved than developments within a conventional base
district. The City can easily amend a dimensional standard (e.g. setback, lot
coverage, etc.) within a conventional base district but may need to amend
each PUD individually if a change is desired to a dimensional standard.
3) The zoning ordinance’s reliance on “planned” districts and subdistricts has resulted in a lack of
conventional base districts that can be applied to new developments.
a) There are only four conventional base zoning districts (R-1, R-2, RMD, APD), while the
other 18 districts are “planned” districts and subdistricts. These subdistricts result in Edina
having substantially more districts than other cities.
b) Many subdistricts are only applied to a very limited number of developments, including
two subdistricts that have never been applied on the zoning map.
c) Some subdistricts have minimal differences between them, so they are redundant and
could be consolidated.
d) The planned subdistricts’ regulations appear to be based on the specifics of the original
development and location where the subdistrict was applied, which makes the
subdistricts’ uses and standards less likely to fit subsequent developments and locations
and seem to necessitate the creation of additional subdistricts or PUDs for new
developments.
e) Zoning districts typically have purpose statements; none of Edina’s districts and
subdistricts have purpose statements.
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 5
4) The zoning districts are overly restrictive in terms of allowed uses and standards which makes
them hard to administer and apply to proposed development applications.
a) Many districts and subdistricts are overly specific in the uses allowed, e.g. R-1 only allows
single unit dwellings, R-2 only allows two-unit dwellings, some districts only allow senior
housing.
b) There are too many residential districts/subdistricts (9) yet 92% of residentially zoned land
is zoned for one district, R-1, which only allows single unit dwellings.
c) District regulations contain long lists rather than tables, complex formulas, and numerous
special requirements and footnotes.
d) The uses allowed within each district require review and updating. They are outdated and
overly specific (e.g. coin and philatelic stores, telegraph offices, trading stamp redemption
stores, etc.) and there does not appear to be consistent reasoning behind why some uses
are allowed in some districts but not in others. For example, PCD-1, which appears to be
the least intensive commercial district (although there is no purpose statement), allows a
wide variety of retail establishments, including liquor stores, tobacco stores, grocery
stores, leather goods stores, garden supply stores, and shoe stores but not fabric stores,
office supply stores, or sporting goods stores, which are allowed in PCD-2 and -3.
e) Some existing regulations are incompatible and trigger the need for unnecessary
variances. For example, the City uses a building height overlay to allow different building
heights in different areas; however, floor area ratio (FAR) requirements are applied by
district. Therefore, two PCD-3 parcels could be allowed very different building heights but
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 6
be subject to the same FAR. For example, the Target site is zoned to allow 8 stories on the
Building Height Overlay Map but is limited to an FAR of 0.5, meaning anything more than
2-stories is unlikely without variances. It is also strange that PCD-2 allows more FAR than
PCD-3 despite PCD-3 being the more intensive commercial district in terms of uses
allowed and building height. These types of differences should be reconciled to minimize
unnecessary conflict.
5) The R-1 district’s minimum front yard setback, lot area, lot width, and lot depth standards are
overly complex and serve as barriers to housing development and a burden to existing home
owners.
a) The front yard setback requirement is calculated based on whatever the actual setbacks
are on adjacent properties or those on the same side of the street on the same block,
whichever is less. As a result, a homeowner interested in adding a front porch would
potentially need to spend thousands of dollars surveying all other homes on their side of
the block to know whether it is even allowed.
b) Since the front yard setback is dependent on surrounding properties, what one neighbor
does can impact the development rights on another property, which has the potential to
negatively impact property values. For example, if a home currently complies with the
front yard setback but the neighboring home is torn down and rebuilt 1-foot further back,
this could make the subject home non-conforming with respect to the front yard setback
and impact the owner’s ability to construct an addition.
c) The minimum lot area, width and depth are the greater of a fixed standard or the median
of all lots within 500 feet. Many existing lots do not even meet the minimum fixed
standard, making entire neighborhoods generally non-conforming (Morningside,
Presidents, etc.). For example, the appendix includes an R-1 District Non-Conforming Lots
Map showing existing lots that are less than the 9,000 square foot minimum. This map
does not represent all non-conforming lots since the minimum lot area standard is
actually higher in neighborhoods with a median lot size greater than 9,000 square feet.
This map also does not represent lots that are non-conforming for minimum lot width and
depth.
d) In neighborhoods where there is a lot of variability in the shapes and sizes of lots (Indian
Hills, Parkwood Knolls, Rolling Green, etc.), potentially half the lots would be non-
conforming despite being large in comparison to the rest of Edina. For example, in the
following hypothetical grouping of lots, half of the lots (lots in red) would be non-
conforming for lot area. A 48,000 square foot lot could not be subdivided into two 24,000
square foot lots, despite being very large relative to the rest of Edina, due to the median
lot area being 24,500 square feet.
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 7
Lot Area in Square Feet
e) Since every lot has a different grouping of parcels within 500 feet, it is impossible to know
the number of non-conforming lots without surveying and analyzing every parcel
individually.
f) When a property owner purchases an adjacent lot and tears down the home for additional
yard space, or two lots are consolidated into one, this raises the median within the
neighborhood (within 500 feet), meaning someone who owned a subdividable lot may no
longer be able to subdivide based on their neighbor’s actions. This also means that
neighborhoods become less dense over time unless variances are granted to create new
lots. If a goal of the City is to increase home ownership opportunities, basing the
minimum lot area, width, and depth requirement on the median within a neighborhood
would have the opposite effect.
KEY FINDINGS: SUPPLEMENTARY REGULATIONS (ARTICLE XII, DIVISION 2)
1) The random grouping of the 25 regulation sections in Division 2 makes it harder to find them.
a) Only four of these sections should remain in Supplementary Regulations (Article XII).
b) The remaining sections should be relocated to other Articles, including Zoning Districts,
Use Specific Standards (recommended new Article), and In General.
2) Since these regulations generally relate to the zoning districts, they should be evaluated and
updated in conjunction with updating the zoning districts.
a) For example, as uses are updated in the zoning districts, it is determined whether that use
is permitted, permitted with standards (and use specific standards are needed), or a
conditional use.
KEY FINDINGS: KEY DEVELOPMENT PROCEDURES
1) Site Plan Review - Even though site plans are subject to clear and objective standards, site
plan reviews require a time-consuming and unpredictable process with 3 to 5 meetings,
including 2 public hearings, in addition to meetings with the surrounding neighborhood and
city staff.
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 8
a) Typically, this type of review is completed without any public hearings because site plans
must be approved if they meet code requirements.
b) The site plan review procedure is required more often as part of rezoning and PUD
rezoning procedures rather than a standalone application because most development
applications require rezoning currently.
c) Opportunities for administrative review are limited based on the criteria identified in the
site plan review procedure.
2) Lot Splits / Subdivision – The lot split procedure is overly complex and time-consuming with 4
meetings required, including 2 public hearings.
a) Lot splits are required to go through the full platting procedure, even if creating just one
additional lot.
b) In addition, lot split applications are required by R-1 district regulations to provide
detailed information about all existing lots within the neighborhood (within 500 ft.) to
calculate median lot area, width and depth, which is likely a barrier to lot splits.
3) Rezoning to a PUD – The PUD process is being used for most proposed development projects.
The required procedure is overly complex and time-consuming, including 4 to 6 meetings, in
addition to meetings with the surrounding neighborhood and city staff.
a) The City is currently using the PUD process to approve development projects that should
not need to be PUDs because current base/planned districts do not allow for the type of
development that aligns with the Comprehensive Plan or is compatible with the market.
b) Many proposed developments struggle to meet setback standards, particularly side, rear,
and “same as building height”, as well as FAR standards of the base/planned districts, so
are forced to apply for rezoning to a PUD.
c) Both the PUD and rezoning/site plan procedures refer to the site plan review procedure
for some requirements. The intertwining of requirements between rezoning/site plan,
PUD, and site plan review contributes to these procedures being overly complex and time-
consuming.
d) The PUD ordinance includes purposes/intents that are challenging for many PUDs to
achieve.
KEY FINDINGS: ZONING AND SUBDIVISION CODE STRUCTURE
1) The articles in the zoning code and subdivision code are inconsistent in their breadth; some
are very short while others are long, ranging from 1 page to 74 pages in length. This issue
indicates code reorganization opportunities, including consolidating and breaking down some
of the Articles.
2) The Districts/District Regulations article is very long and contains 85 sections, the most of any
article.
3) Information, such as uses and dimensional standards, are currently long lists with very specific
information that is sometimes redundant. This information could be better organized using
tables, including consolidation of some existing tables.
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 9
4) Article 12 Supplementary District Regulations, Division 2, is a catch-all article that contains a
random set of 25 general requirements.
5) Information related to the code’s development procedures is currently located across six
different articles. Typically, they are located in the same article.
6) Definitions are located in multiple articles; best practices are to locate them in one place.
Recommendations
Based on the above findings, HKGi has identified the following recommendations for each of the four
primary components.
RECOMMENDATIONS: ZONING DISTRICTS
1) Conduct a detailed evaluation, restructuring, and rewriting of the current zoning districts in
order to better align the districts with the 2040 Comprehensive Plan land use categories’ uses
and densities.
a) Consider moving away from the code’s predominant structure of planned districts and
subdistricts that has resulted in overly restrictive and complex subdistricts that are less
likely to fit subsequent developments and locations.
b) Update, consolidate, and/or create a new set of base residential, mixed use, and business
districts that is better aligned with the 2040 Comprehensive Plan land use categories’ uses
and densities.
c) Most proposed development applications are essentially forced to rezone to a PUD today,
since there often is not an established district or subdistrict that is current and flexible
enough to apply to contemporary development types. Strive to create base districts that
are applicable to contemporary development types and can reduce the City’s dependence
on using PUDs for most development applications.
d) Consider reducing the quantity of R-1 and R-2 nonconformities by creating a set of low
density districts that reflect the city’s existing mix of lot sizes and development patterns.
The appendix includes a R-1 District Existing Lot Sizes Map. The chart below shows the
variety and distribution of R-1 lot sizes.
e) Establish purpose statements for all districts.
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 10
2) Reorganize and reformat the zoning districts’ use regulations from the current text-based
format to a table-based format in order to clarify and simplify the regulations, eliminate
redundancies and inconsistencies, and make the zoning ordinance easier to navigate and find
needed information.
a) Create uses tables (principal uses, accessory uses) that show allowed uses across all
districts and subdistricts. Some current districts have overly detailed lists of uses, e.g. PCD-
1 lists 54 permitted uses, which makes the districts’ regulations unnecessarily long and
increases the possibility of not capturing all uses appropriate for the district. These issues
can be addressed by consolidating and generalizing uses into categories where
appropriate and then adding definitions for use categories as needed for clarification,
interpretation, and enabling flexibility.
3) Conduct a detailed evaluation and rewriting of the zoning districts’ lot, site, and building
dimensional regulations to improve overly complex standards, calculations, and data gathering.
a) Create tables for lot, site, and building dimensional standards across all districts and
subdistricts. Use the table format to evaluate the current types of standards in terms of
adding value, conflicting standards, consistency across districts, and complexity of
enforcing. Strive to simplify standards where possible so they are clear and objective.
RECOMMENDATIONS: SUPPLEMENTARY REGULATIONS (ARTICLE XII, DIVISION 2)
1) Reorganize and update the wide variety of sections/divisions that are currently in Article XII to
only include the general development standard sections applicable to all districts, essentially
parking, loading, walk/bike facilities, landscaping, fences/walls, screening, storage, lighting, and
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 11
drainage. Relocate and update the other sections to the appropriate Articles, including the
Zoning Districts, Use Specific Standards (recommended new Article), and In General.
RECOMMENDATIONS: KEY DEVELOPMENT PROCEDURES
1) Update the Site Plan Review standards and procedure to remove unnecessary barriers to
proposed development applications, including opportunities for administrative review and the
reduction or elimination of public hearings for projects that comply with the ordinance.
2) Update the Subdivisions ordinance (Chapter 32) and the R-1 district regulations to remove
unnecessary barriers to proposed lot splits, including opportunities for administrative review
and the reduction or elimination of public hearings for minor subdivisions that comply with lot
standards.
3) Update the PUD’s purpose/intent, use, eligibility standards, and procedures to reflect best
practices and state statutes. Updates to consider are identification of the applicable
conventional base district as a starting point for allowed uses and standards, stronger purpose
clauses and a minimum project size to prevent the PUD from being overused and a bypass of
other procedures (CUP, variance, rezoning to a base district), separation of PUD/rezoning
procedures from site plan review procedures, and reduction of required meetings.
RECOMMENDATIONS: ZONING AND SUBDIVISION CODE STRUCTURE
1) Establish a new hierarchy and numbering system for the code that makes it consistent across all
articles, easier to navigate, and add new sections over time.
2) Reorganize the code based on the best practices of grouping related topics together and
converting text-based information to tables where appropriate in order to eliminate
redundancies and inconsistencies, simplify and shorten the code, and make it easier to navigate
and find needed information. Priorities should include:
a) Reorganized and shortened zoning districts’ sections
b) Locate all development procedures in one article, which are currently located in six or
more articles.
c) Reorganize and relocate the 25 sections in Article XII, Division 2 (Supplementary
Regulations).
3) Consider reconfiguring the code structure to integrate all development-related regulations and
procedures into one place, often times referred to as a unified development code.
Appendix
1) Edina Zoning Ordinance’s Current Districts 7) R-1 District Non-Conforming Lots Map
2) Residential Districts/Subdistricts Map 8) R-1 District Existing Lot Sizes Map
3) Residential Districts/Subdistricts w/o R-1 Map 9) Residential District Lot Dimensions Table
4) Business Districts/Subdistricts Map 10) Nonresidential District Lot Dimensions Table
5) Mixed Use Districts/Subdistricts Map 11) Residential District Site Dimensions Table
6) PUD Districts Map 12) Nonresidential District Site Dimensions Table
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 12
Appendix
Edina Zoning Ordinance’s Current Districts
Districts District / Subdistrict Names
Conventional Base Districts R-1 Single Dwelling Unit District
R-2 Double Dwelling Unit District
RMD Regional Medical District
APD Automobile Parking District
Planned Residence District (PRD), including
7 PRD and Planned Senior Residence (PSR)
Subdistricts
PRD-1
PRD-2
PRD-3
PRD-4
PRD-5
PSR-3
PSR-4
Mixed Development District (MDD), including
4 Subdistricts
MDD-3
MDD-4
MDD-5
MDD-6
Planned Office District (POD), including 2
Subdistricts
POD-1
POD-2
Planned Commercial District (PCD), including
4 Subdistricts
PCD-1
PCD-2
PCD-3
PCD-4
Planned Industrial District (PID) PID
Overlay Districts HOD Building Height Overlay District
Floodplain Overlay District
Page 46 of 89
Edina Zoning/Subdivision Ordinance Audit November 2024 | 13
Residential Districts/Subdistricts Map
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 14
Residential Districts/Subdistricts without R-1 Map
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 15
Business Districts/Subdistricts Map
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 16
Mixed Use Districts/Subdistricts Map
Page 50 of 89
Edina Zoning/Subdivision Ordinance Audit November 2024 | 17
PUD Districts Map
Page 51 of 89
Edina Zoning/Subdivision Ordinance Audit November 2024 | 18
R-1 District Non-Conforming Lots Map
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 19
R-1 District Existing Lot Sizes Map
Page 53 of 89
Edina Zoning/Subdivision Ordinance Audit November 2024 | 20
Residential District Lot Dimensions Table
Page 54 of 89
Edina Zoning/Subdivision Ordinance Audit November 2024 | 21
Nonresidential District Lot Dimensions Table
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 22
Residential District Site Dimensions Table
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Edina Zoning/Subdivision Ordinance Audit November 2024 | 23
Nonresidential District Site Dimensions Table
Page 57 of 89
Council Work Session –December 17, 2024
Edina Zoning/Subdivision Ordinance Audit
Page 58 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
From LMC Zoning Guide for Cities
•Once a city adopts a comprehensive plan, it needs a means of attaining the
development goals stated in the plan. Zoning provides a means for
implementing a comprehensive plan.
•Cities should strive for zoning that meets their goals as simply and efficiently as
possible.
•Drafting a well-organized, easy to understand ordinance benefits all. A good
zoning ordinance:
–Makes information easy to find.
–Is easy to administer and amend
–Uses plain, well-defined language that reduces the potential for erroneous or controversial
interpretations.
Page 59 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Tonight’s Meeting Agenda / Purpose
Overview of Key Findings & Recommendations
•Zoning Districts
•Supplementary Development Regulations
•Development Procedures
–Site Plan Review, Lot Splits / Subdivision, PUD Rezoning
•Overall Structure of the Ordinance
Page 60 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Zoning Districts
Page 61 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Zoning Districts
•4 Conventional Base Districts
–R-1, R-2, RMD, APD
•5 Planned Districts (with 17 sub-districts)
–PRD/PSR, MDD, PCD, POD, PID
•23 Planned Unit Development (PUD) Districts so far
•2 Overlay Districts
–Building Height, Floodplain
Page 62 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Zoning Districts Maps in Report Appendix
All Residential Districts All Residential Districts w/o R-1
Page 63 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Key Findings: Zoning Districts
1.The zoning districts should better align with the 2040
Comprehensive Plan land use categories.
2.Simple development projects often must seek approval
through a PUD rezoning, since current zoning districts are
not precisely aligned with the 2040 Comprehensive Plan land
use categories and being overly complex.
3.The zoning ordinance’s reliance on “planned” districts and
subdistricts has resulted in a lack of conventional base
districts that can be applied to new developments.
Page 64 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Key Findings: Zoning Districts
4.The zoning districts are hard to administer and apply
to proposed development applications because they
are overly specific in terms of allowed uses and standards.
5.The R-1 district’s minimum front yard setback, lot
area, lot width, and lot depth standards are overly
complex and serve as barriers to housing development
and a burden to existing home owners.
Page 65 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Recommendations: Zoning Districts
1.Conduct a detailed evaluation, restructuring, and rewriting of
the current zoning districts to better with the 2040
Comprehensive Plan.
2.Reorganize and reformat the zoning districts’ use regulations
from the current text-based format to a table-based format.
3.Conduct a detailed evaluation and rewriting of the zoning
districts’ lot, site, and building dimensional regulations to
improve overly complex standards, calculations, and data
gathering.
Page 66 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Recommendations: Zoning Districts
PUD at 52nd and Hankerson
PUD at 70th and France
Page 67 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Residential
Districts
Calculated Density
(dwelling units per acre)
Calculated Density with
Allowances (dwelling units
per acre)
R-1 4.8 N/A
R-2 5.8 N/A
PRD-1 4.1 N/A
PRD-2 6.0 N/A
PRD-3 9.9 15.0
PRD-4 15.0 31.1
PRD-5 None (FAR max = 1.2)None (FAR max = 1.2)
PSR-3 12.4 21.8
PSR-4 17.4 43.6
Residential Densities: Zoning vs. Comp Plan
Land Use Categories Density and
Intensity
Guidance
(dwelling units
per acre)
Residential
Low Density Residential 1 – 5
Low Density Attached
Residential
4 - 8
Medium Density Residential 5 - 12
High Density Residential 12 - 60
Greater Southdale Res.50 - 100
Office Residential 20 – 75
Mixed Use Center 20 – 100
Community Activity Center 90 – 150 PRD-5 only allows nursing homes
PSR-3 & -4 only allow senior housing
Page 68 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Residential Densities: Mixed Use Districts
Mixed Use
Districts
Calculated Density
(dwelling units per acre)
Calculated Density with Allowances
(dwelling units per acre)
MDD-3 9.9 12.8
MDD-4 12.1 16.8
MDD-5 13.2 24.2
MDD-6 13.2 24.2
PCD-1 None N/A
PCD-2 None N/A
PCD-3 None N/A
PCD-4 None N/A
Page 69 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Residential Densities
•District densities are too low to achieve comp plan densities
•High density districts (PRD-3/PRD-4) only allow 10/15
du/acre, 15/31 du/acre with allowances
•Medium density districts (R-2/PRD-2) only allow 6 du/acre
Page 70 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Residential Districts
•R-1 District is 92% of residentially zoned land, includes a range
of existing lot sizes and allows single unit dwellings only
Page 71 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
R-1 Existing Lot Sizes
•Existing lot areas for R-1 district
have been mapped
•Map shows the range of lot sizes
that exist in the R-1 district
Page 72 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
R-1 Existing Lot Sizes
•Strictly based on the 9,000
square foot lot size minimum,
not accounting for “median”
criteria
•Existing lot widths and depths
difficult to map
•Map shows a significant number
of non-conforming lots
Page 73 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Supplementary Regulations
Page 74 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Key Findings: Supplementary Regulations
1.This article/division’s random grouping of 25 regulatory
sections makes it harder to find them.
2.These regulations generally relate to the zoning districts,
so evaluate and update in conjunction with the zoning
districts.
Page 75 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Recommendations: Supplementary Regulations
1.Reorganize and update the wide variety of
sections/divisions that are currently in the Supplementary
Regulations article to focus on the general development
standard sections applicable to all districts (e.g. parking,
landscaping, fences/walls, screening, lighting)
2.Relocate the other sections to the appropriate articles
and update in conjunction with the zoning districts.
Page 76 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Development Procedures
Page 77 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Development Procedures
•Site Plan Review
•Lot Splits / Subdivisions
•PUD Rezoning
Page 78 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Development Procedures Table
Pre-App
Conference
Neighborhood
Meeting
Sketch Plan
Staff/PC/CC
Meeting
w/Staff
Admin
Review
PC
Review
CC
Review
Site Plan Review N/A Encouraged Encouraged Required PH, R PH, D
Rezoning & Site Plan N/A N/A N/A N/A PH, R PH, D
PUD – Preliminary Dev
Plan & Rezoning
Required N/A Encouraged N/A PH, R PH, D, O
PUD – Final Dev Plan &
Rezoning
N/A N/A N/A N/A R, D, O
Subdivision – Plat not
Required
N/A N/A N/A N/A R, D
Subdivision – Prelim Plat N/A N/A N/A N/A PH, R PH, D
Subdivision – Final Plat N/A N/A N/A N/A R, D
Notes: R = Review; D = Decision; PH = Public Hearing; O = Ordinance
Page 79 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Site Plan Review
Analysis
•Fairly infrequent as a standalone request
•If site plan meets zoning requirements, City must approve
•Public hearings not typically required
•Many cities allow administrative review for minor modifications
•Edina allows administrative review if building is enlarged by <10%
Page 80 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Site Plan Review
Key Finding: Even though site plans are subject to clear and
objective standards, site plan reviews require a time-
consuming process, including 2 public hearings.
Recommendation: Update the site plan review standards
and procedure to remove unnecessary barriers for projects
that comply with the zoning ordinance.
•Opportunities for administrative review and the reduction or
elimination of public hearings
Page 81 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Lot Splits / Subdivisons
Analysis
•Lot splits currently processed using full platting procedure
•Challenging to split lots that were previously combined
•Many cities use “minor subdivision” process to allow shortened
review process for subdivisions creating 3 or fewer lots
Page 82 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Lot Splits / Subdivisions
Key Finding: The lot split procedure is overly complex and
time-consuming with 4 meetings required, including 2 public
hearings.
Recommendation: Update the Subdivisions ordinance and
the R-1 district regulations to remove unnecessary barriers
•Opportunities for administrative review and the reduction or
elimination of public hearings for minor subdivisions that
comply with lot standards
Page 83 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
PUD Rezoning
Analysis
•Difficult for simpler PUDs to meet each requirement (9) for
“purpose and intent”
•One minor modification may be approved administratively
–Larger or multiple changes require review by PC and CC
Page 84 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
PUD Rezoning
Key Finding: The PUD process is being used for most
proposed development projects. The required procedure is
overly complex and time-consuming, including numerous
meetings.
Page 85 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
PUD Rezoning
Recommendation: Update the PUD procedure to reflect
best practices.
•Stronger purpose clauses and a minimum project size to
prevent the PUD from being overused and a bypass of
other procedures (CUP, variance, rezoning to a base
district)
•Separation of PUD/rezoning procedures from site plan
review procedures
Page 86 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Overall Ordinance Structure
Page 87 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Key Findings: Ordinance Structure
1.Articles are inconsistent in their breadth; some are very short
while others are long, ranging from 1 page to 74 pages in
length. The districts article has 85 sections.
2.Information, such as uses and dimensional standards, is
contained in long lists, overly specific, and redundant.
3.Supplementary Regulations is a catch-all article with unrelated
sections.
4.Development procedures located across six articles.
5.Definitions located in multiple places.
Page 88 of 89
December 2024 Council Work Session
Edina Zoning/Subdivision Ordinance Audit
Recommendations: Ordinance Structure
1.Establish a new hierarchy and numbering system for the
ordinance that makes it consistent across all articles, easier to
navigate, and set up for adding new sections.
2.Reorganize the ordinance to group related topics together and
convert text-based information to tables where possible.
3.Consider reconfiguring the ordinance structure to integrate all
development-related regulations and procedures into one
place, often times referred to as a unified development code.
Page 89 of 89