HomeMy WebLinkAbout1998-02-10 CC Meeting Minutes Excerpt Re PROPOSED BURGER KING SIGN VARIANCE Page 3 - City Council Minutes 02/10/98
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F. Resolution 98 -02 -13 - A Resolution Supporting the
Renewal of the Allen S. King Generating Plant Air
Emission Permit
G. Approval of 1998 Agreement for fire protection services
from the City of Bayport Fire Department
H. Approval of 1998 Agreement for plan inspection services
from John Ludwig, d /b /a Building Inspection Services
I. Resolution 98 -02 -14 - A Resolution Authorizing
Executing of Grant Contract for Police Department
J. Approval of Specifications for City Hall reroofing
project and set date for opening of bids.
K. Approve fifteen hours of lobbying by Consultant Hozza
on the bonding bill for the prison pond reconstruction
L. Approve the change of the appliance pick -up day from
Thursdays to Wednesdays
Councilmember Robert pulled Item 4C, the City Council
Minutes of January 27, 1998.
Councilmember Turnquist, seconded by Swenson, moved to
approve the Consent Agenda as amended. Roll call vote was
• taken. Carried 5 -0.
Robert said that she did not request funds for the mediation
project. She requested that the wording be changed to read,
$10,000.00 fvL fug LhCL mu-d aLivii JCi V 1l cJ . 3he
Councilmember Robert stated the mediation costs are
approximately $500.00 to $1,000.00 per time. Councilmember
Robert reported that the test case was successful. She
stated that there would be a Chief Coordinator and a panel
of three to make the recommendations for mediation. A
separate panel would then do the mediation. City Attorney
stated the content of the mediation would be confidential
as long as City personnel and City Council do not take part
in the mediation. The ieeue waa LaL1Cd. Councilmember
:040 _ - . _ - _ - . 0- 0 - . - .■ -00 q determined if funds will be available. "
Councilmember Robert, seconded by Beaudet, moved to approve
the minutes from January 27, 1998 as amended. Carried 5 -0.
V. Public Hearings — 5901 (\.e CJ Q'''t
A. Proposed Sign Variance for Burger King Restaurant at Oak
Park Ponds Shopping Center - Mayor Schaaf opened the Public
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• Page 4 - City Council Minutes 02/10/98
Hearing at 7:50 P.M. Interim Administrator Holst read the
public notice.
City Planner Richards said the plan submitted provides for
seven signs with 178 square feet; the Zoning Ordinance
allows for two signs with 300 square feet. Richards said
that due to the speed of the traffic at this area and the
fact that Mr. Dolphin has made several concessions on his
building design, he would recommend that Burger King be
allowed to keep five of the seven signs proposed, removing
the logo sign on the north of the building and the message
sign on the west side. Greg Dolphin of Dolphin Real Estate
objected, saying that he is well below the allowable footage
for signs and that he feels that the signs proposed are
neither obtrusive nor excessive. Mayor Schaaf suggested
allowing Mr. Dolphin to use a monument sign. Dolphin said
that he would rather stay with his proposal because a
monument sign can easily become blocked with snow in the
winter.
John Dwyer, 5680 Newberry Avenue North, expressed concern
• that the green band around the top of the building is not
considered a sign. He said that if Mr. Dolphin feels that
it adds an identity to the restaurant, it should be
considered a sign. City Planner Richards said that the City
Ordinances do not consider lighting as a sign. Dolphin said
that while he did feel the green light was an identifying
feature, it was an identifying feature only because of the
other aspects of the building. It would not have that same
identification viewed alone.
Ann Wasescha, 5675 Newberry Circle, said that the City has
established certain regulations governing signage in Oak
Park Heights and if Mr. Dolphin does not wish to comply, she
would welcome him to locate his Burger King in another
location. Wasescha urged the Council to strongly consider
before granting a sign variance to Mr. Dolphin.
Kirk Schultz, 5660 Newgate Circle, said that while he
understands Dolphin's concerns with identifying his
business, he felt the green lighting was too much and that
the band should be stuccoed instead of lit. Schultz also
said that he was concerned with smoke and exhaust coming
from the restaurant.
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Page 5 - City Council Minutes 02/10/98
Mr. Dolphin said that he felt the green parapet lighting
would be minimal and that it would not stand out with all
the other development in that area.
Councilmember Swenson, seconded by Beaudet, moved to close
the public hearing at 8:07 P.M. Carried 5 -0.
Mayor Schaaf adjourned the Council from 8:08 P.M. to 8:20 P.M.
Councilmember Swenson said that although he appreciated
Dolphin's reworking of the plans, he did not like the green
banding. Swenson said he was struggling with trying to
balance the Autumn Ridge neighborhood's concerns while
empathizing with Dolphin's desire to market his business.
Mayor Schaaf said that he agreed with City Planner Richards
recommendation to remove two of the signs, but that he still
wanted to add a monument sign on the north end of the
building. Councilmember Turnquist agreed with Dolphin that
a monument sign may not be especially beneficial to the
Burger King.
Councilmember Beaudet moved to allow Burger King to have six
of the seven proposed signs. Motion failed for lack of a
second.
Councilmember Turnquist said that because Mr. Dolphin has
worked well with the City's changes and because the sign
proposal is still under the ordinance limit for square
footage, he did not oppose granting Burger King a sign
variance to allow for the seven signs. Councilmember
Turnquist, seconded by Swenson, moved to grant the sign
variance to Burger King to allow seven signs as shown in the
design plans. Carried 3 -2, Mayor Schaaf and Councilmember
Beaudet voting against.
B. Continuation of Proposed Amendment to Oak Park Ponds PUD,
Proposed Amendment to General Development Plan for Phase III
o L Oak Park Ponds PUD, and Proposed Conditional Use Permit -
Dolphin Real Estate Development (Burger King) - Greg Dolphin
from Dolphin Real Estate Partnership presented new drawings
of the changes made in the Burger King building design. He
added a green strip of light to the top of the building,
saying that he felt this change complimented the other
buildings in the shopping center while still providing an
identity to the Burger King. Dolphin said that he also