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03/16/1999 - City Council Special Special City Council Minutes March 16, 1999 Page lof6 00062 MINUTES OF THE SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA March 16,1999 A special meeting of the Eagan City Council was held on Tuesday, March 16, 1999, at 4:30 p.m. in the City Council Chambers ofthe Eagan Municipal Center Building. Present were Mayor A wada and Councilmembers Blomquist, Carlson, Bakken and Masin. Also present were City Administrator Hedges, City Attorney Sheldon, Director of Public Works Colbert, Senior Planner Ridley, and Intern to the City Administrator Rathmann. VISITORS TO BE HEARD Mayor Awada acknowledged visitors to be heard. There were no visitors present interested in speaking on items not listed on the agenda. GUIDELINES FOR TASK FORCE/ COMMISSION/COUNCIL MEETINGS Councilmember Carlson distributed Guidelines for Official Meetings. Councilmember Masin stated that a 4:00 p.m. start time for meeting may be too early and 4:30 p.m. may be more convenient. Carlson commented that the guidelines would state the meetings to start between 4:00 p.m. and 6:00 p.m.; however, meetings could start any time within the two hours. Councilmember Bakken commented that the guidelines are reasonable and thanked Councilmember Carlson for developing the guidelines. All Councilmembers expressed support for implementation of the Guidelines for Official Meetings. CONSIDERATION OF MORATORIUM FOR CEDARV ALE STUDY AREA City Administrator Hedges gave an update and a status report of the Cedarvale Study Area. Administration Hedges stated that approximately 75 notices have been sent out to the Greater Cedarvale Area residents and businesses. Administrator Hedges gave the brief history of the Cedarvale Study and further stated that on March 2, 1999 at a City Council meeting, there was an agenda item considering action to direct the City Attorney to prepare language for an interium ordinance to create a moratorium. The Council decided that before they would give consideration for City Attorney Sheldon to develop language for an interium ordinance, an informational meeting would be held. The purpose of the meeting would be to determine how the process will work and what a moratorium will mean to property owners if such an ordinance is adopted. Administrator Hedges stated that the first Cedarvale Task Force meeting will be held on Tuesday, March 23, 1999. The task force is comprised of five area residents, appointed by the Council, five business owners and eight additional members from the advisory commissions for a total of 18 members. Administrator Hedges further stated the Greater Cedarvale Study will consider market support for various land use types and development densities in the area, appropriate land use and land use arrangements including retail, commercial, residential, and industrial uses. He further stated that neither the Council nor staff have any preconceived idea of Special City Council Minutes March 16, 1999 Page 2 of6 00063 what the area will consist of, but rather will work with the SRF Consulting Firm and the task force to determine the most appropriate plan. He stated the plan needs to promote positive community identity to develop the areas to its full potential and must take advantage of the MSP International Airport, the Mall of America, the Minnesota River Valley and other amenities. Administrator Hedges confirmed that the study area will examine possible redevelopment options through the effort of the Task Force. He further stated that the study would analyze and determine how LRT may affect the Greater Cedarvale Area and Dakota County ifLRT is extended over the river into northern Dakota County. He invited all interested people to participate in the process throughout the next few months. A great concern of the Council, Administrator Hedges stated, is the consistency between the future plan for the area in conjunction with the needs and plans of the business and residential property owners in the Cedarvale Area. . City Attorney Jim Sheldon gave a summary of a moratorium or interim ordinance. The objective of the statute is to protect the planning process ofthe City Council. He further stated that the Council will, if they so choose, adopt a law to regulate, restrict or prohibit the use of or development ofland or subdivision of property. City Attorney Sheldon stated the length of a moratorium ordinance is typically up to one year; however, the Council can extend the moratorium an additional 18 months if necessary for additional study. He further provided information regarding the City's past moratorium ordinances stating that in 1994, the Lone Oak Study Area moratorium lasted one year. In 1996 and 1997, the D-II moratorium lasted 18 months and in 1998 the Public Facilities moratorium lasted one year. He commented that each moratorium ordinance is unique and the Council can set the parameters as it best relates to the Cedarvale Area. Mayor Awada opened up the meeting to public comments. She further stated that the intent of a moratorium is to protect the planning process. The process, if accepted by the Council, will direct the City Attorney to develop language for an ordinance which will then return to the Council at a public hearing in about a month for Council action. Betty Bassett, 2101 Wuthering Heights Road, was present and questioned why a moratorium is necessary for the Wuthering Heights neighborhood. She stated Wuthering Heights is a model neighborhood with a mix of incomes, housing types, schools and a business center. She further stated that there is very little additional land that is available for development because of the need to protect the Fen and the ground is too unstable due to the amount of peat. She also stated buildings larger than 3 stories are prohibited because of airport regulations. Ms. Bassett stated that there is a great deal is history in the neighborhood and a moratorium may hurt the land values. She further stated that she is interested, along with other Wuthering Heights residents to finish storm repairs on their homes. She added that if a moratorium is adopted and the repairs are not completed, the neighborhood could become blighted. Ms. Bassett commented that the Council can not focus on the development ofLRT in the Cedarvale Area. She stated an EIS must be completed and it is a long process. She further stated that she and other Wuthering Heights residents do not want to be put on hold for 10-15 years until the LRT study has been completed and possibly implemented. Ms. Bassett questioned whether a sunset clause might be put into the ordinance to exclude Wuthering Heights so the neighborhood could continue with necessary repairs. City Attorney Sheldon commented that the Council could develop an ordinance that is in the best interest of the study area. Ms. Bassett questioned why the Wuthering Heights neighborhood was included in the Cedarvale Study Area and commented that the neighborhood was never notified of the moratorium process until just recently. Mayor A wada confirmed that Special City Council Minutes March 16, 1999 Page 3 of6 00064 the item on the last City Council meeting agenda was to determine whether the Council should direct the City Attorney to develop language for creating a moratorium and if so, the item would be bought back to a public hearing before the Council. Administrator Hedges confirmed that the area is only a study area, and although Wuthering Heights is in the study area, it does not mean the entire study area will be redeveloped. He further stated that what happens at and around Cedarvale, could have some impact on the surrounding neighborhoods. Ms. Bassett questioned why there are three other areas not developed and the Council is not interested in including them in the Study. Administration Hedges stated that redevelopment is the future of an area, including short-term and long-term. He further stated a moratorium has not been mentioned until now. Mayor Awada confirmed that a sunset clause could be incorporated and typically has occurred with moratoriums. She further confirmed that a moratorium ordinance needs to go back to Council for approval. Margaret Schreiner was present and commented that she believes the plan for the LRT system in Dakota County at this time is for multi-modal use"and bus systems will feed into it. Mayor Awada commented that the redevelopment of the Greater Cedarvale Area is not contingent upon LR T crossing the river into Dakota County. Ms. Bassett stated that it is necessary to include all sides of the Cedar/TH 13 intersection to have a comprehensive study. Councilmember Blomquist stated that at the last workshop, Dakota County presented a map encircling an area for a possible bus/transit station. The area included more than the Cedarvale area within the boundaries of the possible location for the station. Councilmember Blomquist suggested staff further look into what was included in the County's Transit Station Study. Councilmember Blomquist thanked the residents for their comments regarding the Cedarvale Area and stated the dialog is essential for a successful planning process. Councilmember Blomquist questioned the need for a moratorium at this time and why the Council will be discussing Silver Bell Road as a City Council agenda item. She suggested she prefer the planning of Silver Bell Road be discussed at a Cedarvale Task Force meeting. She further stated that Silver Bell Road must have an engineering Feasibility Study and believes the process isn't ready for continued planning regarding this improvement. She stated the first step must be to develop a plan for the study area. She further stated the staff could handle the few building permits that come up in the interim. She suggested a moratorium might be necessary when the Council decides that something will be done in the Cedarvale Area; however, not until that time. Councilmember Carlson responded to Betty Bassett's comments regarding Silver Bell Road. She stated the discussion of Silver Bell Road is not appropriate at the workshop discussing the moratorium. Additional discussion regarding Silver Bell Road will take place at the Council meeting. Councilmember Carlson spoke from experience having lived in an area that was subject to a moratorium. She stated an advantage to a moratorium is that it provides the neighborhood with a chance to group together and have time to organize their needs. She emphasized that the Council, staff and residents will work together to write the moratorium. Mike Hazel, 2129 Silver Bell Road, was present and questioned the activity of taxes and property values during a moratorium and what the history has been. Councilmember Carlson Special City Council Minutes March 16, 1999 Page 4 of6 commented that when there was a moratorium in her neighborhood, it did not affect taxes and did not affect the property values; although, typically taxes would increase. 00065 Mayor A wada commented that the moratorium process began because of a possible development east of Cedarvale and the need for rezoning. She further commented that the City can not deny building permits if the request is consistent with city standards adding that a moratorium stops development until a plan is prepared. Mr. Hazel agreed that he would like to see a decision made on the land use in the area. John Fitzgerald, Cedarvale business owner, was present and stated that if a moratorium is necessary, it should be of a very short nature until the study is over and it shouldn't be a burden to the business owners of the Cedarvale Area. He further stated that Cedarvale can not lose more business. Mr. Fitzgerald suggested the moratorium allow for improvements to the business owners in the Cedarvale Area and have a timeframe of less that six months. He added that new development must not be discouraged since that is what the Cedarvale area is lacking. Al Ahrens, 2133 Silver Bell Road, was present and commented that he agrees with Ms. Bassett that Wuthering Heights should not be included in the moratorium. He further commented that there are only two parcels that are undeveloped. He stated there is a state park along the river and it will be difficult for Eagan to open up the river front area. Mayor Awada commented that the area behind the state parkland is the area that is underutilized. Diane Peterson, Silver Bell Road, was present and commented that the neighborhood has mature trees and the residents are interested in preserving the area. She said the residents are also aware of the effects the airport will continue to have on the neighborhood. Hugh Fitzgerald, owner of Cedarvale Lanes, was present and commented that the moratorium must be short in duration and allow for remodeling and provide other flexibility for existing businesses. He also stated the point of the moratorium is to eventually revitalize the area, not to limit the improvements of property. Mike Corbett, 2125 Wuthering Heights Road, was present and stated that the residents of Wuthering Heights are frustrated because the neighborhood hasn't been considered part of the Cedarvale Area. He further stated that the neighborhood is unique and suggested a moratorium may be necessary for new development; however, it must be made flexible for improvements. Todd Kellogg was present and commented that a client of his is considering moving his business from Bloomington to Eagan but, because of the possible moratorium, may decide against relocation since it may prohibit him from making a necessary addition to the commercial property. He asked what the anticipated time frame would be to proceed with his client's plans. Mayor A wada anticipated the decision regarding the moratorium will be made within the month suggesting possibly the City Council meeting of April 20th, 1999. Curt Newman, Silver Bell Road, was present and stated that he is interested in expanding his home or relocating. He further stated that he would feel trapped if a moratorium is approved for the Wuthering Heights neighborhood. He further stated that he realizes it will be difficult to get a buyer or the money his home is worth if a moratorium is approved. Councilmember Carlson stated that homeowners located in the moratorium will be on hold until the moratorium is over. Mr. Newman stated the neighborhood should be left alone and no help is needed. City Special City Council Minutes March 16, 1999 Page 5 of6 Attorney Sheldon stated a person could sell their house under a moratorium and the value of the home throughout a moratorium should not be an issue. 00066 Councilmember Masin stated that the Cedarvale Shopping Center needs to be revitalized. She said the City is spending money for a consultant and the plan for the shopping center needs to be consistent with the entire area, therefore, involving all surrounding neighborhoods. She further stated that there are valid reasons for the comments from the residents; however, she stated redevelopment can not be confined to only a block, rather an entire area must a studied for best results. Councilmember Bakken thanked the residents in attendance for their input. He stated that the Wuthering Heights neighborhood was included in the study area beginning with the Comprehensive Guide Study Task Force. Councilmember Bakken recalled the focus of the study was the commercial area; although redevelopment at Cedarvale will have a great impact on the Wuthering Heights neighborhood. He added that Wuthering Heights has been included with the intent to have a broad study area so affected people could be properly notified. He reminded the group that no formal action is taken at Special City Council meetings and that no one is trying to push out the residents ofWuthering Heights or the Cedarvale Area. Betty Bassett questioned why the industrial area from Silver Bell to Lone Oak is no longer included in the study. She referred to a prior set of Council minutes that state the area should be eliminated for the present time and a future public hearing could be held to discuss the industrial area. Ms. Bassett stated that since the industrial area is not being included in the moratorium, Wuthering Heights should also be exempt. Councilmember Carlson stated that the study area should include the entire area and should be renamed to the Southwest Eagan Area Study for greater clarification. She reminded the group that the Special City Council meeting is only for the purpose of considering preparing language for a moratorium. She suggested the language include prohibiting new development, but allowing repairs and improvements to existing properties. Councilmember Carson further stated that the moratorium should allow people to fully utilize their homes added that the direction for the Cedarvale Area must be settled quickly. Councilmember Blomquist commented on the confusion the Greater Cedarvale Area name is causing and is concerned with including Wuthering Heights in the study. She further commented the Cedarvale Area stands alone and questioned whether anyone in the study area supports the moratorium. She stated that the task force must move forward with the planning of the area to determine what areas should be included in a moratorium. Councilmember Masin agreed that a name change for the study area is necessary. She questioned whether the property west of Highway 77 should be included in the study and how that will impact the cost of the study. City Administrator Hedges summarized the issues that are being presented regarding the moratorium and said the synopsis will be presented to the task force. Mayor A wad a read the following list to be considered as the task force and City Council give further consideration to a moratorium; 1) the length ofthe moratorium be 6-12 months, 2) flexibility in continuing to improve properties, 3) ability to sell properties, 4) include the entire interchange, and 5) exclude the Wuthering Heights neighborhood. Special City Council Minutes March 16, 1999 Page 6 of6 Ken Myers was present and questioned how the moratorium will affect a proposal for an addition for his business. He further stated that his proposal is an asset to the community and will provide additional green space and a safer environment. Mr. Myers commented that he and other business owners in the area want to grow their businesses. A moratorium that will prohibit business expansion will only hinder their growth. 00067 Further consideration of this item was scheduled to occur under Old Business at the regular City Council meeting. ADJOURNMENT The meeting adjourned at 6:05 p.m. HJR/TLH March 16, 1999 Date c;M~M , \ City Administrator "J