11/24/1992 - City Council Special AGENDA
SPECIAL CITY COUNCIL MEETING
Tuesday
November 24, 1992
5:00 p.m.
I. ROLL CALL & ADOPT AGENDA
II. OUTDOOR STORAGE ORDINANCE
III. DRAFT ZONING ORDINANCE
IV. GENERAL DISCUSSION
V. SIGN PERMIT/POSTELL EXPRESS
VI. OTHER BUSINESS
VII. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
• FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 20, 1992
SUBJECT: SPECIAL CITY COUNCIL MEETING/TUESDAY, NOVEMBER 24, 1992
A special City Council meeting is scheduled for 5:00 p.m. Tuesday, November 24, the main
purpose being to hold a joint work session with the Advisory Planning Commission. There
are three (3) items on the agenda that are considered the joint portion with the APC. They
are as follows:
1) Outdoor Storage Ordinance
2) Draft Zoning Ordinance
3) General Discussion
Also included on the formal agenda is the sign permit request by Postell Express. Mr. Dick
Herzog is planning to be present at approximately 6:45 p.m. for that item.
Outdoor Storage
Enclosed on page 3 is a copy of a memo prepared by the City Planner that provides
information relative to the outdoor storage issue. The objective of this discussion is to bring
a consensus to the interpretation of outside storage allowing retail businesses, such as
convenience stores, to have a clear interpretation of what constitutes outside storage.
Draft Zoning Ordinance
The City, over the past year,has prepared a revised zoning ordinance which includes revised
and expanded definitions, a clarified general and special provisions section, a revised use
district section and performance standards. It further addresses shoreland zoning and
provides other clarifications to the zoning ordinance of record. The City's consulting
planner, Mr. John Voss, was contracted to coordinate the document on behalf of all
departments, the attorney's office and planning staff. Enclosed without page number for
City Council review is a copy of a memo from the City Planner and draft zoning code.
The City Administrator and Acting Community Development Director are looking for
direction that would provide a format in which the draft zoning ordinance can be further
reviewed and eventually adopted by both the Planning Commission and City Council. The
alternatives include either a staff driven exercise or a special committee comprising•two
members of the City Council and two members of the APC as was done with the subdivision
ordinance several years ago.
Sign Permit/Postell Express p�
Enclosed on pages f through !� is a memorandum and support information from the
g T g PP
Community Development Department covering the Postell Express sign permit issue raised
by Dick Herzog, its owner. Community Development Department staff met with Mr.
Herzog on Friday, November 20, to attempt to resolve the issue. At that time, Mr. Herzog
was made aware of the fact that his sign company received two approved sign permits on
October 7, 1992. The first permits the erection of a business sign on the front of the
building and the second permits the erection of a business sign on the rear of the building
provided that it consists of 18 inch letters located at the same level as the majority of the
business signs on the Rahncliff Building. It should be noted that all business signs at the
Rahncliff Building are the same height with the exception of Jerry's Floor Store, which was
installed at a higher level based upon the representations of the applicant that visible
structures within the building prevented its location at a height consistent with the
remainder. Mr. Herzog indicated that he was unaware that his sign company had received
these permits and would discuss erection of the front sign with them immediately.
He reiterated his concerns regarding the sign at the rear of the building. Staff reviewed the
history of the project with Mr. Herzog, including the minutes of the City Council meeting
of December 5, 1989 which clearly indicated that the developer had agreed to place all rear
building signage in a single sign band and that all letters would be of a consistent height and
color. Mr. Herzog stated that his sign company had advised that it would be inappropriate
to place the sign lower on the building because of the presence of a landscaped tree at that
location. Staff has again reviewed the site and has taken pictures of the tree with which Mr.
Herzog is concerned. Mr. Herzog has indicated that if the tree remains at the site, his
request for a higher sign location remains an issue. He stated that if the City requires a
uniform sign height as indicated by the background information and Council minutes, then
it would be his request the tree be removed.
Since the City has interests in both the maintenance of the uniform signage and the
maintenance of landscaped trees within this development, and since Mr. Herzog reviews the
uniform sign height and maintenance of the tree as mutually exclusive circumstances, the
item has been returned to the Council for direction.
The Community Development Department is requesting direction with respect to the
uniform sign height agreement and maintenance of landscape material at Rahncliff
Crossings Shopping Center as outlined in the staff memorandum and the discussion above.
/S/ Thomas L. Hedges
City Administrator
Attachments
TLH/vmd
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
JON HOHENSTEIN, ACTING COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER .
DATE: NOVEMBER 20, 1992
RE: OUTSIDE STORAGE
Following are some thoughts of the planners regarding outdoor storage and trash/recycling areas
in zoning districts allowing retail sales, or more specifically, convenience stores, gas stations, etc.
Outdoor storage should be permitted on:
• propane
• firewood
• up to 50% of a store's shopping carts
Other items such as ice machines, pop machines, and salt pellets could be contained within the
building.
Trash/recycling areas - for aesthetic purposes, having them attached or at least in close proximity
to the building, is the best solution. If they are proposed to be free-standing, the structure should
not be located against public right-of-way in any district. The structure:
• must meet all setbacks of the zoning district it is in.
• must use identical building material (design) as the principal structure.
• would not have to be covered.
• should have gates with fasteners.
One other thought may be that outdoor storage should be permitted with strict guidelines in retail
zoning districts where generally the use is very accessory to the primary use. Conditional Use
Permits for Industrial zoned land may still be the best option.
If you would like additional information, please feel free to contact me.
City Planner
JS/js
3
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
JON HOHENSTEIN, ACTING COMMUNITY DEVELOPMENT DIRECTOR
FROM: SHANNON TYREE, PROJECT PLANNER
DATE: NOVEMBER 20, 1992
RE: POSTEL EXPRESS
When Rahncliff 2nd Addition was platted in 1988, no building mounted signage was proposed for
the rear of the building (east side facing I-35E), however when the developer, M. Austin Smith,
petitioned the City for a Planned Development Amendment for modifications to the sign agreement
(specifically the Burger King pylon), discussion took place regarding rear building signage. At the
December 5, 1989 City Council meeting, Mark Smith agreed to all one color, individually lit letters,
and a one sign band on the rear of the building (see attachment).
On May 7, 1990, a letter was sent to the City requesting building signage for each major street
frontage, specifically Cliff Road and I-35E. Eagan City Code section 4.20, Subd. 5, Building
Mounted Signs, Standards, permits no more than one business sign for each major street frontage
for each business located within such building and that they shall be similar in design. On July 19,
1990 the developer, M. Austin Smith, requested permission from the City to follow the Sign
Ordinance and place building mounted signs on the side of the building. He also requested to use
the sign standard of individually lit letters 24" in height. No exhibits were submitted with this
correspondence; the applicant felt it unnecessary because of compliance with the City Code. After
this request a meeting was held between Dale Runkle, former Community Development Director,
and Mr. Smith where an agreement was reached with respect to the color (white), reducing the
letter size from 24" to 18", individually lit, and a sign band for the rear of the building.
Mr. Dick Herzog, Postel Express, applied for two sign permits (building front and rear)which were
issued on October 7, 1992 (see attachment). At today's meeting between City staff and Mr.Herzog,
he was informed that the permits had been issued and he could proceed with the opening of his
store if he followed the conditions of the developer's representation for the sign elevation. Mr.
Herzog was unaware until today's meeting that his permits were available and will be contacting
Schad Tracy Signs, Inc. for more information about that issue.
Mr. Herzog believes that the height at which he is proposing to construct his sign is necessary due
to a tree located directly in front of the building which would hide the sign if he were to place it
at the elevation already established. Secondly, he would like to waive the standard white color to
letters changing to red in the evening.
. The rear sign on Jerry's Floor Store was erected higher than the established elevation and higher
than represented to the City Sign Inspector. The error was caught after the permit had been issued
and the sign was installed. The floor store's sign company claimed the sign could not be placed at
the approved level due to structural concerns at this location of the building. For these reasons,
it is the only building sign outside the established elevation.
City staff has provided Mr. Herzog two options. 1) To erect his rear signage under his existing
permit and 2) to ask the City Council's consideration to waive the height and color of the sign as
represented in his sign permit.
If you desire further information, please advise.
Project Planner
ST/js
•
Aage 12/EAGAN CITY COUNCIL MINUTES
December 5, 1989
located east of Highway 3 in the southeast quarter of Section 26, as
requested by A & R Pallet-Crating, subject to the following
conditions:
1. All outside storage areas in non-paved areas shall be sodded
or seeded to control dust and run-off.
2. Outside storage of pallets and materials shall not exceed ten
(10) feet in height.
3. The applicant shall plant and maintain a triple row of
staggered growth of evergreens along the north property line by May
31, 1990.
All voted in favor.
RAHNCLIFF CROSSINGS/PLANNED DEVELOPMENT AMENDMENT
City Administrator Tom Hedges introduced the matter and stated
that the Advisory Planning Commission recommended approval. Community
Development Director Dale Runkle presented the application summary to
the Council.
Mark Smith (Rahncliff) explained the reason for the mix-up and
stated the accident was on his part. Councilmember Egan asked why it
was so close. Community Development Director Dale Runkle explained
that it had been missed by staff review. Councilmember Egan felt it
was a good compromise.
Mayor Ellison questioned why the sign would not be installed east
of the building. Mark Smith explained it would not be feasible
because of the setback requirements. Mayor Ellison pointed out that
- the Council could grant a variance for the setback. Mark Smith
explained that Burger King wanted its, sign located close to the
entrance. Councilmember Gustafson commented he could understand
Burger King's concern and felt that the Council should approve the
amendment as presented. Councilmember Egan concurred with
Councilmember Gustafson and stated that he felt that moving the sign
further east would create other problems.
Councilmember McCrea asked if the other signs complied with City
Code. Community Development Director Dale Runkle reported that the
other signs would comply.
Community Development Director Dale Runkle recapped the back of
the building signs.. Mark Smith stated he was agreeing to all one
color, individually lit letters and a bne sign band on the rear of
the building.
4
J
Page 13/EAGAN CITY COUNCIL MINUTES
December 5, 1989
Egan moved, McCrea seconded, the motion to approve a Planned
Development amendment to revise the overall pylon sign exhibit in the
Rahncliff Crossings Planned Development located south of Cliff Road
and west of Highway 35E in the northwest quarter of Section 32, as
requested by Rahncliff Crossings, Inc. , subject to the following
conditions:
1. The pylon sign shall be ten feet within the property line.
2. The applicant shall submit a plan for the pylon sign to the
City for approval.
3. The Rahncliff Plaza sign to be removed.
All voted in favor.
KINGSWOOD ADDITION/REIMBURSEMENT REQUEST/APPLICATION FEES
City Administrator Tom Hedges explained to the Council that
notification may have been missed. Councilmember Egan felt the
request was a weak argument for rebate.
Gustafson moved, Egan seconded, the motion to approve a formal
reimbursement in the amount of $1,470.00 as dedication credit for
park land that was previously dedicated to the City as a part of the
Blackhawk Park Planned Unit Development to Horne Development
Corporation and further to deny the reimbursement of other fees for
park land dedication, a variance procedure and drainage easements,
said denial to be reconsidered if petitioner was not formally
notified of the meeting. All voted in favor.
SPECIAL CITY COUNCIL WORKSHOP
City Administrator Tom Hedges recommended scheduling a special
City Council workshop for December 12, 1989 at 6:30 p.m.
Egan moved, Wachter seconded, the motion to approve a special
City Council workshop for Tuesday, December 12, 1989 at 6:30 p.m. All
voted in favor.
PROJECT 572/CONTRACT 89-18
LEXINGTON WAY/STREET IMPROVEMENT/CHANGE ORDER NO. 1
Wachter moved, Gustafson seconded, the motion to approve Change
Order No. 1 to Contract 89-18 (Lexington Way - Street Improvement)
and authorize the Mayor and City Clerk to execute all related
documents. All voted in favor.
r
. •
SIGN PERMIT
CITY OF EAGAN
3830 PILOT KNOB ROAD
Please Print i EAGAN,MN 55122
454-8100 TYPE OF SIGN:
SIGN ADDRESS 1964 Rahn Cliff Court Building Xi''� Ground
Temp Advertising
LOT BLOCK SUBDIVISION
Postel Express Pylon Other
R
703 Maple Park Court/Mendota Heights, MN SIZE OF SIGN:SS PHONE
Postel Express 2 X 16 Sq.Ft. 32
PROPERTY OWNER ADDRESS
POSTEL EXPRESS Total Height
SIGN CONTENT SETBACK•FR ,DE2421 80.00
Schad Tracy Signs, Inc. 8 Fee 7sosf�
16106€?"11lff Road/Bldg #5 PHONE
Burnsv i l l c, MNB 55337 IF RECEIPT REQUIRED,MAIL TO:
ATTACH DRAWING OF PROPOSED SIGN AND MAP SHOWING LOCATION ON Schad Tracy Signs, Inc.
THE PROPERTY.ALL SIGNS OVER 7'TALL REQUIRE ADDITIONAL PERMIT FOR 1610 E. Cliff Road/B10 #5
COUNCIL APPROVAL. Burnsville, MN 55337
. x.
CITY USE
I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION
permit#v3,1256 Receipt# Oz'in7 AND STATE THE APPLICATION IS CORRECT AND AGREE TO COMPLY
WITH THE EAGAN, MN LAWS REGULATING CONSTRUCTION AND
Approved By (i' ( t. c.lG"' PLAC ENT. ) /
Date /D •7 • 12- 1 71DG�!'/u SS 6 9.
SIGNATURE OF APPLICAN
ATE
�
'� : SIGN PERMIT
CITY AF EAGAN
3830 PILOT KNOB ROAD •
Please Print EAGAN,MN 55122 •
454-8100 TYPE OF SIGN:
SIGN ADDRESS 1964, Rahn Cliff Court ` Buildingx "-" Ground
Temp Advertising
LOT BLOCK BtIBOMSION,
Pactol FYprpsc Pylon Other
Maple 703 Maple Park Court/Mendota Heights, MN SIZE OF SIGN: l
ADDRESS PHONE /,r" ' 9•:, ♦•se,•7 J
Postel Express 2.25 x 1R Sq.FL 4n_5n ADDRESS
POSTEL EXPRESS Total Height
Schad Tracy Signs, Inc. X894 2421 Fee62.COSA) 1n1 2C
1610GTTAP1';Liff Road/Bldg #5 P"°NE
Burnsville, MN `5337 IF RECEIPT REQUIRED,MAIL TO:
ATTACH DRAWING OF PROPOSED SIGN AND MAP SHOWING LOCATION ON Schad Tracy Signs, Inc.
THE PROPERTY.ALL SIGNS OVER 7'TALL REQUIRE ADDITIONAL PERMIT FOR 1610 E. Cliff Road/3-1 dy #5
COUNCIL APPROVAL. Burnsville. MN 55337
Me.t -
e/cv iy sift, mast bi ,,,j7 //e 1 .$d#,,c
CITY USE as.So"'"S /17r Movie S s re.51• D I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION
Permit#R//) Receipt# 22.2 //a 7 AND STATE THE APPLICATION IS CORRECT AND AGREE TO COMPLY
AO V/21 // . WITH THE EAGAN, MN LAWS REGULATING CONSTRUCT ON AND
Approved By /A-/7- ,.7Y`�� ✓ )c A7" 4 hi'�< /G' t k2