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HomeMy WebLinkAbout6.a. Minutes of December 17, 2002 Regular City Council1 0 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 17, 2002, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Edwards present. Council Member Riley was absent. Also in attendance were Interim City Administrator/Police Chief Kalstabakken, City Attorney Robert Vose, Parks and Recreation Director Schultz, City Engineer Brotzler, and City Planner Pearson. The meeting was opened with the Pledge of Allegiance. Agenda Changes Interim City Administrator Kalstabakken presented additional information which included the itemized list of the Consent Agenda for the minutes of December 3, 2002 Regular City Council Meeting; a revised motion for Item 6.m. the Animal Ordinance; and the specifics on a sign for Item 8. Public Hearing for an appeal of a sign variance for Ken Rose Mall. Consent Agenda Mayor Busho noted that her vote on Item 6.m. Animal Ordinance Amendment to City Code and Zoning Ordinance would be a no vote. MOTION by Edwards to approve the Consent Agenda with the additional information and noting that 6.m. would have one no vote from Mayor Busho. Second by Klassen. Ayes: Cisewski, Busho, Edwards, Klassen. Nays: None, except Item 6.m. Motion passed. Public Hearing: Application for On Sale Liquor and Special Sunday Licenses for Montgomery Meadows Inc. at Shenanigan's, 14605 South Robert Trail Mayor Busho noted the public hearing process for the audience. The recording secretary affirmed that both of the Public Hearings this evening were properly noticed and published and that the affidavits were on file. City Clerk Jentink gave a review of the liquor license application from the pending owners of Shenanigan's located at 14605 South Robert Trail. The sale of Shenanigan's is scheduled for December 30, 2002 at which time Michael Herrmann and Jerry Herrmann will become the new owners. Police Chief Kalstabakken conducted a background search and found no legal cause for denial of the liquor license application. Jerry Herrmann's family operated a bowling alley /dance hall for thirty years in Lonsdale, Minnesota. His son Michael, a graduate of Iowa State University, will be the new manager at Shenanigan's. Jentink telephoned the personal references given and found the Herrmann family to be held in high regard. Fritz Dolejs, 12756 Denmark Ave. in Apple Valley is the current owner of Shenanigan's. Dolejs has owned the business for 17 years. He reported that he has enjoyed his business in Rosemount and was always treated well by the City and staff. Dolej s noted that the Herrmanns are good people and will be an asset to the business community. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 Michael Herrmann, 3518 North Douglas Drive, Crystal, Minnesota said he was excited about managing Shenanigan's. Herrmann stated that the business is currently run well and he did not plan to make any changes to the operations or to the floor plan. Council had no further questions of staff or the applicant. Mayor Busho opened the Public Hearing for audience input. There were no comments from the audience. MOTION by Busho to close the Public Hearing for the On -Sale and Special Sunday Liquor License by Montgomery Meadows Inc. Second by Edwards. Ayes: Four. Nays: None. Motion carried. Council Member Edwards stated he fully supports the change in ownership for Shenanigan's. Edwards said he appreciates all that Fritz Dolejs accomplished and wished the Hemnanns well in their endeavor. MOTION by Edwards to approve an On -Sale Liquor License and Special Sunday Liquor License to Montgomery Meadows, Inc. for Shenanigan's, at 14605 South Robert Trail beginning January 1, 2003 pending insurance and state approval. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Nays: None. Motion carried. Public Hearing: Appeal of Board of Appeals and Adjustments Variance to Sign Ordinance for John Frayne, Ken Rose Mall, 14555 South Robert Trail City Planner Pearson reviewed the Planning Commission's process and approval of a variance for a sign 124 square feet in size, which is 44 square feet greater than allowed for by the sign ordinance. This would replace the existing sign on Highway 3. The variance was based on the inability of placement of three allowable signs. The sign ordinance does allow three signs that are 80 square feet but due to placement of other buildings, access points, and other business signs, it would be very difficult to allow more than one sign since business signs also need to be separated by 100 feet. On November 26, 2002, the Planning Commission didn't have the specific drawing of the proposed sign until it was presented at the meeting. This sign was 3 feet higher than allowed and larger square footage than allowed. The Planning Commission approved it and Council Member Klassen exercised her prerogative to appeal their decision. Pearson noted options: a modified variance could be granted as Council sees fit, or to grant a sign for an appropriate area, or to deny the sign. Council Member Klassen's concern was that this sign would rival signs on County Road 42. Klassen asked City Planner Pearson to state the difference between sign regulations on County Road 42 and South Robert Trail. Pearson explained that the height is determined on County Road 42 to be 20% of the wall elevation of the building and on South Robert Trail the height of an allowed sign would be 15% of the building elevation. On County Road 42 that would be 17 feet in height and on South Robert Trail it is 12 feet in height. Rosemount Market Square was granted a variance for the clock tower sign due to it being a landmark. Council Member Cisewski questioned why the automobile repair store, which is a free standing building, would need to be on the same sign as the mall. Pearson noted that the mall owners agreed 4 1 N ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 to have only one sign. The free standing building would be allowed to place a sign on the exterior wall of its building and is allowed to use the large windows on South Robert Trail for advertising. Mayor Busho invited a representative of E & E Enterprises, Linda Frayne, 1185 North Concord Street, S. St. Paul, to give a presentation. Frayne stated she was in favor of the sign variance and noted they have invested over $200,000 in improvements to their building in the last year. Their current sign is outdated and in need of repair. Frayne made a comparison to neighboring business signs and suggested that if the sign size was compared to the square footage of the buildings, their proposed sign could be twice the size proposed. The improved sign would especially benefit the new businesses entering the mall which could increase their business and create a higher tax profit. Mayor Busho opened the Public Hearing for audience input. There were no comments offered. MOTION by Edwards to close the Public Hearing for the Appeal of Board of Appeals and Adjustments Variance. Second by Klassen. Ayes: Four. Nays: None. Motion carried. Council Member Cisewski noted her participation in the Downtown Plan and maintaining the visual scope of the traditional downtown look. Cisewski said that the variance of two and one -half times larger than regulations was too drastic a change from the allowable sign ordinance. Cisewski noted she has tried to be consistent and had voted against other signs that were not in the best interest of the community. Cisewski applauded the improvements to the mall. Mayor Busho asked what would be allowable for signage at the mall. Pearson said one 80 square foot sign on South Robert Trail and possibly one on 145th Street West. Linda Frayne said their current sign is 120 square feet. The proposed sign is not two .and one -half times larger than allowable. Cisewski made a suggestion to allow an option to change the sign variance to 120 square feet, limiting the height to 20 feet, and allow only one ground sign on Highway 3 (South Robert Trail). Edwards indicated that would be acceptable to him. Busho asked about removal of the auto business sign on the roof and removal of banners from the exterior of the mall. The roof sign has gone to court with a jury trail and has been continued five or six times. Pearson noted that the variance should be granted on its own merit, in terms of the limited site, not as a trade -off of removing a prohibited sign. However, removal of the sign could be used as condition for obtaining a building permit. Mrs. Frayne noted she was hoping for a larger sign than what is currently there. More tenants are coming into the building and more signage space is needed. Six new office spaces are being added. Council Member Cisewski interpreted that the applicant was not willing to compromise. MOTION by Cisewski to overturn the Board of Appeals and Adjustments. Second by Edwards. Ayes: Cisewski, Edwards, Klassen. Nays: Busho. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 17, 2002 Conditional Use Permit Amendment Fiber Optics To The Home (FTTH) Council Member Edwards noted that the original discussion of Fiber Optics To The Home (FTTH) specified that there would not be an antenna farm. Now FTTH is requesting three antennas 10 feet high and dishes 14 feet wide. Edwards suggested tabling this until the January meeting because he would not be in favor of the amendment. City Attorney Vose noted that the 60 Day Rule may apply. Normally the Conditional Use Permit expires after one year. Pearson said an extension for 120 days could be applied for. MOTION by Edwards to table 10a. Conditional Use Permit Amendment Fiber To The Home. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski. Nays: Busho. Motion to table carried. Point of Privilege Council Member Klassen called a point of privilege. Klassen reflected on the past accomplishments that have enhanced the quality of life for the residents of Rosemount. Klassen noted the shopping and services available from the Cub Food development, the Rosemount Business Park, and Highway 3 reconstruction as the first step in downtown redevelopment. Klassen thanked City staff and colleagues who shared in these accomplishments. Klassen thanked the residents of Rosemount who elected her. Klassen stated it was with great regret that she submits her resignation from the Rosemount City Council and Rosemount Port Authority effective Friday, December 20, 2002. MOTION by Edwards to receive and accept with regret Council Member Klassen's resignation effective December 20, 2002. Second by Cisewski. Ayes: Edwards, Cisewski, Busho. Nays: None. Motion carried. City Attorney Vose related a state law wherein Council would pass a resolution acknowledging the resignation would prevent the resignation from being withdrawn. Vose stated he was not suggesting that City Council draft a resolution. Busho noted that neither she nor the City Clerk had yet received the written resignation of Council Member Klassen. Council Member Klassen later did provide the City Clerk with a written resignation letter. Announcements Mayor Busho noted the holiday hours of City Hall. January 7 will be the swearing in of new officials at 5:50 p.m. prior to the Port Authority meeting at 6:00 p.m. with the City Council meeting at 7:30 p.m. Mayor Busho extended her thanks as this is her last formal meeting. She said she enjoyed serving the citizens of Rosemount and appreciate the support over the last twelve years. The meeting was adjourned at 8:20 p.m. Respectfully submitted, City Clerk Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 2002 -39. 1 2