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05/04/1993 - City Council Special AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY MAY 4, 1993 5:00 P.M. I. ROLL CALL AND ADOPTION OF AGENDA II. DANIEL DRIVE PROPERTY DISPOSAL III. DISCUSSION/SIGN ORDINANCE IV. DISCUSSION/POLICE & FIRE V. OTHER BUSINESS VI. ADJOURNMENT P MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 1993 SUBJECT: SPECIAL CITY COUNCIL MEETING A special City Council meeting was scheduled for Tuesday, May 4, 1993 at 5:00 p.m. to discuss the following items: 1. Daniel Drive Property Disposal 2. Discussion/Sign Ordinance 3. Discussion/Police and Fire Space Needs DANIEL DRIVE PROPERTY DISPOSAL The excess City property at Daniel Drive and Diffley Road known as the Lexington Meadows plat is moving through the review and approval process and will be forwarded to the City Council at its meeting of May 18. When the platting process was directed by the Council, one of the issues which remained was how to dispose of the property once it is platted. Several options present themselves. The first would be to complete the preliminary plat and sell the property in total to a property developer who would complete the conditions of plat, final the project and dispose of the lots privately. The advantage of this option is that the City disposes of the property sooner. The disadvantages are that the City can coordinate the grading of the site with the Diffley Road project and accomplish the grading at a lower cost than a private developer would and a developer would offer a discounted price for the property to cover the costs associated with meeting the preliminary plat requirements of a final plat. The second option would be to proceed with the plat to the final plat approval. The advantage is that the conditions for preliminary plat could be reduced to a development agreement which would largely duplicate any requirements for purchase of the site by a private developer. The disadvantage is that the grading and improvements themselves would still have to be accomplished by a private developer resulting in a discounted value for the property. A third option would be to final plat the property and implement the public improvements and grading. The advantage to this option is that the site would be fully prepared for construction of homes and the efficiencies of public contracts could reduce the overall costs of the project. If this option is pursued, the principal options would be to sell the property in total to the highest qualified bidder, sell the property lot by lot to the highest qualified bidders or retain a broker to dispose of the property in total or individually on behalf of the City. With respect to the parameters for this issue, the City Attorney's office has indicated that there is not public bidding requirement for real estate. The Council must simply determine if the property is surplus and serves no public purpose in its current state, determine that any price they are accepting for the property is in fact a fair market value, potentially through some appraisal process and that they dispose of the property in that fashion. It is likely that regardless of the option chosen, there will be substantial interest in this property within the development and building community. Staff will be available to respond to questions concerning these options at Tuesday's meeting. It would be appropriate for the Council to give staff direction in regard to this matter so that appropriate steps can be taken following the Council's consideration of the plat on May 18. DISCUSSION/SIGN ORDINANCE At the April 29 Special City Council meeting, it was requested that the sign ordinance, to be considered for action at the May 18 regular City Council meeting, be reviewed and discussed. Reasons for considering this item at a work session is to share any comments or further staff direction relative to the proposed ordinance that will be considered at the May 18 meeting. For a copy of a final draft of the sign ordinance, refer to pages through DISCUSSION/POLICE AND FIRE SPACE NEEDS Chief of Police Geagan and Fire Chief Nelson will present information relative to space needs Police and Fire are considering for the capital building project. Due to the time constraints, the regular City Council meeting beginning at 6:30 p.m., there will not be time to discuss other space need requirements for the building program, however, at the direction of the City Council building space needs will be considered as an agenda item at the next special City Council workshop. A light dinner will be served. /s/Thomas L. Hedges City Administrator ORDINANCE NO. 2ND SERIES , EAGAN MINNESOTA,ORDINANCE OF THE CITY OF , AMEND ING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING PERMITS AND REGULATIONS, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARK" BY AMENDING SECTION 4 .20 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4 . 99 . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4 . 20, to read as follows: SEC. 4.20. PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS. Subd. 1. Purpose, Construction and Definitions. A. Purpose. The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety and general welfare of the residents of the City. B. Construction. All terms and words used in this Section shall be given their common sense meaning considered in context, except as hereinafter specifically defined. C. Definitions. 1. "Sign" - Any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. 2 . "Business Sign" - Any sign upon which there is any name, designation or advertising which has its purpose business, professional or commercial advertising and which is related directly to the use of the premises upon which the sign is located. 3 . "Non-business Signs" - Any sign such as personal name plate or designation as for residence, churches, schools, hospitals, traffic or road signs, which do not are directly related to the premises contain advertising and ar y p upon which they are located. 4 . "Free-Standing Ground Signs" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business free-standing ground sign which projects more than seven feet above ground level is considered a pylon sign. 5. "Off-Premise Sign" - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than on the property upon which the sign is located. 6. "Pylon Sign" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the Zoning Chapter, and are subject to all conditions, regulations and fees required for conditional uses. 7 . "Sign Area" - The gross area, exclusive of supportive frame, which contains copy or identifying features such as a Logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than twelve (12) straight lines. 8 . "Sign Height" - The distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. Subd. 2 . Permitted Uses. A. Location of Business Signs. Business signs are permitted on property zoned Business, Industrial, Agricultural, Public Facilities, R & D or PD only in conjunction with an approved Business, Industrial or Agricultural use. B. Location of Business Signs in Residential Areas. Business signs in Residentially zoned areas or areas of PD designation for residential use only under the following cases: 1. "For Sale" or "For Rent" signs, 4'x4' or smaller, advertising the premises upon which such sign is located. 2 . Real Estate "for sale" signs, not over 100 square feet, or a land developer, which are located upon the premises offered for sale. 3 . Area identification signs for major apartment complexes. 4.1/ Subd. 3 . General Sign Standards. A. Obstruction of Vision. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. B. Location to Property Line. No sign shall be located nearer than ten feet from any property or dividing line. C. Location to Street and Railroad Right-of-Way. No sign shall be located nearer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which are attached to mail boxes, lamp posts, or the like. D. Moving Parts, Lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. E. Source of Lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. F. Painted Signs on Buildings. No signs are allowed which are painted directly upon the wall of a building. G. Construction and Erection of Signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional sign makers. Subd. 4 . Off-Premise Signs. A. No off-premise sign shall be permitted in any zone within the City except as permitted under Subd. 4 hereof. B. The owner of an existing off-premise sign may construct a new off-premise sign pursuant to a conditional use permit under section 11.40, Subd. 4 , of the City Code, and under the following criteria: 1. No sign will be permitted which increases the number of signs beyond the number of signs depicted in Table A. as amended from time to time. 2 . No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in Table A, as amended from time to time. 3 . No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in Table A, as amended from time to time. 4 . The maximum square footage of a sign shall be 378 square feet; however, the City may allow a sign in excess of 378 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in Table A, as amended from time to time, and (ii) amendment to Table A to reflect such reduction, and (iii) further so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in Table A, at the time of application for a new sign.. 5. No sign shall be located nearer to any other off-premise sign than 1, 000 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. 6. No sign shall be located on a platted lot which contains a business sign. 7 . No sign shall be located within 300 feet of any free-standing ground sign or pylon sign. 8 . No sign shall be located within 200 feet of any residentially zoned district. 9 . No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign. C. Any new sign permitted under Subd. 4 (B) herein, shall not which a building or structure be placed upon any property upon g already exists. D. Any sign, now existing or permitted to be constructed shall be removed prior to the City approving the platting of the property upon which the sign is located or prior to the City_ issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier._ E. Any sign constructed pursuant to a conditional use permit issued pursuant to Section 4 (BI hereof, shall be subject to the City Council's authority under Section 11.40, Subd. 4 of the City Code. 6) Subd. 5. Building Mounted Business Signs, Standards. A. Number Permitted. No more than one Business Sign for each major street frontage shall be permitted on a building for each business located within such building. B. Design Similarity. All Business Signs mounted on a building shall be similar in design. C. Sign Area. No signs or combination of signs mounted upon a building shall cover in excess of 20% of the gross area of a side. D. Sign Protection. No sign mounted upon a building is allowed to project more than eighteen inches from the vertical surface of the building. E. Roof Signs. No sign mounted upon a building si allowed to project above the highest outside wall or parapet wall. Subd. 6. Free-Standing Business Signs, Standards. A. Free-Standing Ground Signs. Up to one allowed per building. Such signs shall be limited to seven feet total height, with four foot maximum height of sign area. B. Pylon Signs. Up to one allowed per building. When used, a pylon sign is allowed in lieu of a free-standing ground sign. No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 27 feet above the love level, roadway level, or a specified point between the two levels as determined by the Council . The level used shall be based upon visibility factors from the adjacent roadway(s) . The applicant shall submit diagrams, drawings, pictures and other information requested by the City prior to action by the Council upon the application. No pylon sign shall exceed 125 square feet in area per side except pylon signs authorized under Subparagraph C of this Subdivision. C. Major Complex. When an area identification is required, such as for a shopping center, major apartment complex, or major industrial building, up to one free-standing or pylon sign may be allowed for each major adjacent street. The Council shall determine the maximum size after reviewing the applicable conditions including terrain, safety factors, etc. D. Freeway Locations. An on-premise pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the City. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional free-standing ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this Section. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. Subd. 7 . Exemptions. Notwithstanding any other provision of this Section, the following signs are exempt from the permit or fee provisions of this Section. No exempt sign shall exceed 16 square feet of area except where stated below: A. For sale, lease, or rent signs of real estate when located on the property advertised, and when under 16 square feet in total copy area. B. Church, hospital, or school directional signs, less than six square feet in total copy area. C. One on-property church sign for each church site. D. Signs warning of hazardous conditions. E. Simple information signs, such as "Exit" , "Loading Dock" , etc. F. Simple name plate signs on or over the entrance to a place of business or used to identify the parking area of a place of business. Not to exceed three square feet in gross area. G. Sings erected by a recognized unit of government having jurisdiction in the City, or a school district within the boundaries of the school district. H. Political signs for a period of up to ten days after an election, provided such signs contain the name and address of the individual responsible for erecting and removing the sign. I. Temporary signs for special civic events or garage or neighborhood sales, for a period not to exceed twenty days. J. Temporary signs for special business sales. There shall be no more than three such signs on any lot, with a combined area of less that 25 square feet. Temporary business signs shall be limited to a period of ten days out of any calendar month. The ten days are counted sequentially from the day of installation of the first temporary sign to the removal of all temporary signs. Subd. 8. Non-Conforming Signs. A. The Protective Inspections Department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the date of adoption of this Section. Removal shall be in accordance with Subdivision 10. B. Any non-conforming temporary or portable sign existing at the time of adoption of this Section shall be made to comply with the requirements set forth herein or shall be removed within sixty (60) days after the adoption of this Section. C. Other signs existing at the time of the enactment of this Section and not conforming to its provisions, but which did conform to previous laws shall be regarded as non-conforming signs which may be continued if properly repaired and maintained as provided in this Section and if in conformance with other s provisions of the City Code. If said signs are no continued with conformance of above, they shall be removed in accordance with Subdivision 10. Subd. 9. Sign Permits and Fees. A. Sign Permits. No signs, except those specified in Subdivision 7 of this Section shall be erected or maintained anywhere in the City without first obtaining a sign permit. B. Application, Permit and Fees. A formal application together with accompanying documents prescribed by the City shall be submitted to the City Clerk-Treasurer to obtain a sign permit. Permit fees are as adopted by resolution of the Council and shall accompany the permit application. C. Review of Applications. The Protective Inspections Department shall approve all sign permit applications except that applications for approval of permits for advertising signs, pylon signs and any sign requiring a variance shall be submitted to the Council for final approval. D. Return of the Fees. In the event said application shall be denied, the City Clerk-Treasurer shall return the applicant's permit fee, less a reasonable amount determined by the Council which shall be retained as an administrative cost. Subd. 10. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the City and any expense incurred thereof may be charged to the sign owner or assessed against the property on which they are located. r Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 4 . 99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: V 1