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03/16/1999 - City Council Special :t AGENDA SPECIAL CITY COUNCIL MEETING Tuesday March 16, 1999 4:30 p.m. City Council Chambers I. ROLL CALL & ADOPTION OF AGENDA II. VISITORS TO BE HEARD III. GUIDELINES FOR TASK FORCE/COMMISSION/ COUNCIL MEETINGS IV. CONSIDERATION OF MORATORIUM FOR CEDARVALE STUDY AREA V. OTHER BUSINESS VI. ADJOURNMENT EMO city of eagan TO: HONORABLE MAYOR& CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 12, 1999 SUBJECT: SPECIAL CITY COUNCIL MEETING/MARCH 16, 1999 A Special City Council meeting is scheduled for Tuesday, March 16, at 4:30 p.m. to review 1) guidelines for task force/commission/council meetings and 2) consi ration of moratorium for Cedarvale Study Area. GUIDELINES FOR TASK FORCE/COMMISSION/COUNCIL MEETING At the March 2 regular City Council meeting, City Councilmember Carlson sug ested that the City Council consider operating guidelines/policy for a time schedule, meetin location, use of an established written agenda and proper notification for all affected prop y owners impacted by a task force, subcommittee, commission or council meeting. Enclos d on page is a copy of a list of guidelines that were prepared and offered by City Coun-,ilmember Carlson for Council consideration. Also included is a policy consideration that all legal requirements will be funneled through staff and not directly to the City Attorney's office. This information is also provided on the handout from City Councilmember Carlson enclosed on page L. The City Administrator has contacted the City Attorney and according to Mr. Sh kion, their office may receive two to three calls per month from property owners. Thos calls are referred to the appropriate City staff. The City Attorney's office will speak to a resident/property owner if so directed by a member of the City staff. If a property owner is represented by legal counsel in any type of court action, there are some ethical re uirements that the property owner's attorney speak to the City Attorney and not with City staff. In summary, there are only an average of two to three calls made to the CityAttorney's office each month by a property owner. Those calls are referred to City staff. ACTION TO BE CONSIDERED: To provide direction to the City staff regarding operating guidelines for all t sk force, commission and council meetings, an agenda hotline and any further policy con iderations for legal requirements as presented or modified in the handout provided by Councilmember Carlson. l CONSIDERATION OF MORATORIUM FOR CEDARVALE STUDY AREA At the March 2 regular City Council meeting, an agenda item to consider an interim ordinance for the Greater Cedarvale Area/Highway 13 Corridor was presented for consideration. At its meeting on February 25, the Comprehensive Guide Plan Update Subcommittee recommended that the City create a moratorium on development in the Cedarvale Redevelopment Area and that area east of Highway 77 and north and west of Highway 13 for purposes of determining redevelopment opportunities. The action to be considered was to direct the City Attorney to prepare an interim ordinance to create a moratorium on development in the Cedarvale Redevelopment Area as defined and schedule a public hearing to receive input from all property owners located within the boundaries of the proposed referendum. After receiving public testimony and Council deliberation at the March 2 City Council meeting, the recommendation of the Comprehensive Guide Plan Subcommittee for consideration of a moratorium was reduced in scope to the Greater Cedarvale Study Area. Action taken to place the topic for consideration of an interim ordinance to create a moratorium on development in the Greater Cedarvale Study Area on a Special City Council agenda to receive input from the property owners. The meeting was scheduled for March 16. Notices were sent out to approximately 75 property owners; a copy is enclosed on page -•9. There have been questions raised as to the definition and description of the Greater Cedarvale Study Area. Enclosed on pages _S through is a copy of the legal description for the southeast quadrant, the northeast quadrant anla map that was included in the Cedarvale Area Request for Proposal that is offered for review by the EDC, City Council and the Cedarvale Area business representatives. A copy of the Informative Memo that was distributed to the City Council on August 14, 1998 is enclosed on page that references when the Cedarvale proposal was distributed for review by the City Council. Also enclosed without page number is a copy of a recent Eagan Business News that was sent to the entire business community that includes a front page article entitled "A Rebirth in the Making" that provides information about the Cedarvale Area Study. The first meeting of the Cedarvale Area Task Force will be held at 4:30 p.m. on Tuesday, March 23, in the Council Chambers. Notification has been sent to the entire task force, with the exception of the five residents who were appointed by the Council on Tuesday. The five residents will be contacted by telephone on Wednesday, March 17, notifying them of the task force meeting. Also enclosed on page_," for City Council review is a copy of an article that appeared in the St. Paul Pioneer Press entitled "Developers suspect politics in suburbs' building bans" which provides a general story on how Dakota County cities are giving consideration to development moratoriums or building bans. The City Attorney will be present at the work session to address any questions as to how an interim ordinance for a moratorium would impact individual property owners if they were considering the sale of their property, improvements to their property, etc. a I ACTION TO BE CONSIDERED: To provide direction regarding further consideration of an interim ordinance creating a moratorium for the Greater Cedarvale Study Area with or without modif cation for placement on a future regular City Council agenda. OTHER BUSINESS There are no items anticipated for Other Business at this time. /S/Thomas L.Hedges City Administrator I 1. Task force, sub-committee, commission, council meetings will not begin before 4:00pm Monday-Friday. 2. Any sub-committee,task force, commission or council meeting or workshop that will be speaking about a property in detail as a agenda item or g owned within an agenda item will be properly notified that their business or property will be discussed as a or part of an agenda item. If the discussion of a meeting progresses to include properties that have not been notified,then the issue will be continued and no further discussion will occur until proper notification can be accomplished by staff. 3. An agenda hotline will be implemented ASAP and the phone number will be included on all correspondence so that individuals can call the informational line for meeting updates,times and locations 24-7. 4. All meetings will take place at the Municipal Center. (chambers, community rm 2 small conference rms and lunch room or Fire Admin. Building' 5. Each and every meeting will provide a written agenda and the meeting will stay close to that agenda. 6. All legal inquiries will be funnelled through staff. Justification: In our attempt to make city hall more uwj_-&*ndly we must hold meeting at times when the general public is able to attend. Holding meetings earlier than 4:00pm and at remote sights eliminate the majority of taxpayers from attending. Justification: In our attempt to make city hall more user friendly we must notify the effected properties of the meeting times and agenda. We must stay with the agenda and now hold unnoticed meetings eliminates the majority of taxpayers from attending. PROPERTY CITY OWNER PROPERTY ATTORNEY OV fNERS RELAYS ATTORNEY P01 ICY CITY STAFF Freebies! CITY ATTORIIY CITY STAFF PROPERTY OWNERS How many phone calls, prompted by private property ownership,does the cily staff refer to the city attorney's office or must confer with the city attorney's office to answer the inquiry--on a daily or weekly basis. S f I I ba, � lot6 WHO: Cedarvale Study Area Property Owners WHAT: City Council Work Session WHEN: Tuesday, March 16, 1999 @ 4:30 pm WHERE: City Hall Council Chambers The City Council will be discussing the possibility of creating a moratorium on development in the Cedarvale Redevelopment Study Area while the redevelopment study is being completed. The work session will provide an opportunity for business owners and residents to learn more about the purpose of the study and how a moratorium could affect your property. The proposed study area as defined in the contract awarded to the SRF Consulting Group is depicted on the attached map. If you would like additional information, please contact Assistant City Administrator Jamie Verbrugge at (651) 681-4603. 1 �I< O O �� � � , � IIS���■�: M on MF RENAME M. ISO FFVIA-d soon O�, l L�■J r.��������'�'_`�I��A�///■icy ■■ ■� �� ♦ .■■�■�iu■■■■■ . . ■A////■/■■ =s ;1 ,�■■■■.�� : ( ►�:�o� ■■■•��going til■ WE • • 1 111■ ■■�� eii �:'\II L�i��i�����i��leeel. is �•::', ._�iii, �■fie �� • �� /� = � � � FEN-1154A C moms On aaaa Jim ,_, _'....:_ ..:.:,.:�.�:: .:. fir:-- ��:■_ sense .. �•� •g. Cedarvale Redevelopment Study Area • _�- v � 2. STUDY AREA(See attached map) The "Cedarvale Area" encompasses approximately 235 acres of land located in the northeast and southeast quadrants of the TH 13 and TH 77 (Cedar Avenue) interchange. The area is characterized by a full range of uses including agricultural, residential (single family and multiple), commercial, limited industrial and public/semi-public. Many of the uses within the study area are considered substandard and exist as legal non-conformities. The Cedarvale Mall represents the most dominant use within the study area. The viability of the mall as a retail center has been significantly reduced in recent years due to the creation of competitive retail centers, changes in the retail marketplace, the construction of I 35E and access restrictions in the area. The study area is comprised of two sub-areas or districts as described below: Southeast Quadrant: Redevelopment of the southeast quadrant of the THINTH77 interchange area is considered a community priority. Specific uses within this quadrant include vacant, single family residential, multiple family residential, and commercial. The quadrant also includes the Cedarvale Mall which represents the most dominant use within the study area. The 131,000 square foot mall was constructed in 1965 in the southwest corner of TH 13 and Cedar Avenue. Presently, the mall has an occupancy of approximately 90 percent. Through changes in the marketplace, site access and an aged facility, the Cedarvale Mall has significantly reduced its retail viability. As a result, the mall has evolved into a retail center characterized by"destination-type"uses (i.e. Grand Slam, Bally Total Fitness etc). Primary market competition includes newer retail center focal points within the community(Eagan Promenade, Cliff Lake Center and Town Center)and Mall of America. Other large developments in the quadrant include the 40,000 square foot"Silver Bell Center"office building, "Cedarvale Highlands"retail strip center, Cedarvale Bowling Lanes, Cedarvale Business Center and Lumber Millwork Barn. Northeast Quadrant: While included in the Cedarvale study area, redevelopment of the northeast quadrant of the TH 13/TH 77 interchange is considered a lesser priority than redevelopment of the southeast quadrant of the interchange. This should not,however,be construed to mean that physical and visual "connections"between the quadrants are not desired. The northeast quadrant contains a variety of uses approximately one-third of which are designated in the Comprehensive Guide Plan for alternative use. Specific uses which are contrary to the City's Comprehensive Guide Plan designation include approximately 20 single family residential homes located north of Silver Bell Road and east of Nichols Road. Significant developments within the northeast quadrant include the "Silver Bell Plaza" a 103,000 square foot office/showroom building and the Tesseract Elementary School. m 'o M Q � � m i IL a tin a Q !C m b. w Z 0 C m c G Lu zQ1 _, g 1 ~ -as a s _ • - Vis. � 1 � tiO . f _ � s. .x fid• -* �� s�s3s {'f''s? _ f Sam;. a F ,may >��� ��:' ;f: '` -:_;� �zt..' :_ t4Y _ - �S Waer►! 1 SS ' S t 4 ,✓ zS57� Vr ,';j �' i#� SSj�� � /�� ,.•�`\�Szl .•�si! t tt t06 t MEMO r - city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 14, 1998 SUBJECT: INFORMATIVE UPCOMING MEETINGS WEEK OF AUGUST 17-21 INVITATION TO RETIREMENT RECEPTION FOR WARREN SIFFERATH Tuesday,August 18 -- Enclosed on page r !g2 is an invitation to a retirement reception that will be held on Tuesday, August 18 at 10:00 a.m. at the Dakota County Administration Center for Warren Sifferath, Extension Educator& County Extension Leader. GENERAL NORTH/SOUTH RUNWAY—NOISE MITIGATION FACT SHEET Consultant Jon Hohenstein has prepared a fact sheet regarding airport noise relative to the North/South Runway which is enclosed on page . The fact sheet will be sent to those callers inquiring about the City's noise mitigation efforts. REQUEST FOR PROPOSAL (RFP)/CEDARVALE AREA Enclosed without page number is the draft RFP for the Cedarvale Redevelopment Area. In addition to members of the EDC, staff is forwarding the draft document to the City Council for review and comment. If any member of the City Council has comments or questions regarding the RFP,please contact the City Administrator. It is anticipated that staff will finalize the document during the week of August 24 following the EDC meeting. KOCH REFINERY CORRESPONDENCE Enclosed on page is a copy of a correspondence sent by Koch Refinery informing the City that a temporary shutdown of refinery units will occur on August 7 and August 14 for routine inspection, maintenance and cleaning. /s/Thomas L. Hedges City Administrator 10 BUILDING Dakota moratoriums ♦CONTINUED FROM 1D ■kpple Valley: Ban on mul- ti"We don't know whythe won't mily dwellings on severe • I projects Y vi getation north r land with County reject the ro is outright but we think it's because they have a Rad 42. Expires:When the hidden agenda,"said Ed McMeno- C mprehensive plan is com ' my,a Rosemount Realtor involvedp te. in the deal. "We think they just ■ osemount:Citywide ban don't want affordable housing in o residential development Rosemount." n t already in the planning State law says city officials p ocess. Expires: 12 must decide whether to approve or nths. reject building applications within ■ nver,Grove Heights: Ban 60 days. A moratorium means the o new housing construction decision can be put off indefinite- i the Southeast Quadrant. ly. E pires:April. - In theory, the bans give city ■Burnsville:Ban on all de- leaders more time to make deci- sions. v lopment in the 'Heart of c ;,� g •� `° But a lengthy ban is enough t e City'from Burnsville o o- 6. •° �a � g to kill a project by burdening land- rkway and Nicollet Ave- 0 — S. a° V��.o � z owners with assessment taxes, n e,east of 1-35W.Expires: ; c5.2 15 E-EJ o'o o d 5'o^ c said Ray Connelly, a Burnsville J ne. E la$ .61-, W Realtor. ■Eagan:Considering a ban .o coo'o �$> > Z "For anything over six months, all new construction in o• "0L Cd a�' o a developer won't stick around," t e Cedarvale Mail area • p•� o�, ' o a - a io he said. If its to improve the near Highway 13 and High- cc e° a•� .0 property and make it better, I'm may 77, • S °,�^ g a 2:5 3 2 z in favor of (moratoriums), but if cc� 9 4 C 1 .0 it's to put more restrictions on it, urce:Pioneer Press research - .� ''� c Q, w 0 its just a farce. ° ta ° ns^ >, �.d.�%. °a Moratoriums are turning up g o o more often in Dakota County than sai , , $ n+ anywhere else in the metro area. ple Valley has banned con-- a 0 oo'd 8 ° b �'.� Burnsville, Rosemount, Inver str tion of multifamily bousinle. c E .�—A, i ° Grove Heights and Apple Valley on evere slopes in the area north U have recently approved some of ounty Road 42. The ban was,,., P ° v _+ .e°� 3,�,1, form of a building ban. put into lace in response to com- • � 3 In Washington and Ramsey P .B g d m pl uproar over n apartment � d counties,. moratoriums are used co plex In the wooded Palomino.: B 0 8 °ffff8� o,' far less. Vadnais Heights has Hill; neighborhood. banned movie theater construe- a ban is expected to give the !� tion;in Stillwater there is a ban on cit time to change the zoning — ` s c building in part of the Dutchtown whi h won't stop construction but-'-' E s, m....2 neighborhood. ma force the developer to build �.�4.1 The next ban in Dakota County sin le-family homes instead of an ° ° a .Q may be in Eagan. aff rdable apartment complex. c The City Council has set a meet- ey use it as a way to duck an = n ° c,d d ing next month to consider wheth- iss said Peter Coyle, a Bloom--' c ° o, ° er to approve legislation that in n attorney who represents an ' W CU v�'� Cedarvalwould e Mall areanew truction in the wa leValley election coming up and r. it d ° In the past, moratoriums have wa an easy fail-safe way to buy—* W 0 ei been enacted in Dakota County to 18 onths of time.,' give leaders time to debate issues ty officials say they are up--- O a cc e�,y such as strip club and pornogra- da ng a land-use plan and it's not �� ' •� phy ordinances. But now develop- di r cted at individual projects, ­ 0 o ers are complaining the building sai Rick Kelley, Apple Valley (� t� 0 � 81. Go° r°, � bans are targeted at low-income co munity development director. W cc i $.o housing projects. " is a matter of perspective," Fa w 0 The most vocal objections to the Ke ey said. "Someone promoting . l S' •«.= w bans come from developers who a roject they think Is good is . a A s a feel the cities, that receive Metro- mo a likely to think they are being politn Council money to build af- unf ' ly singled out." Z s3 00 ° c fordable housing, are using build- ver Grove Heights has banned . • ■ W in bans as a way to kill 8 Y ne housing construction in the . controversial projects by stringing So heart Quadrant,a commercial ' along developers until the project are that is affecting current resi- is no longer financially feasible. de , said Rosemary Piekarski In Rosemount, the building ban .K h, an Inver Grove Heights was passed in a special meeting Cit Council member. without mailing notices to proper- he ban is for new construe- ty owners. City officials say they do ," said Piekarski Krech. "The posted notices,but the majority of eff ct is they can't sell their affected landowners found out ho es." about the ban from a newspaper report the day of the meeting, Jen Her Ehrlich, who covers growth and '. McMenomy said. de v lopment in Dakota County, can be "This was done in thg back reg hed lahrlich @pig neerpress.com or room so it was quite a shock," he (65 )228-2171.