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.