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99-310�RIGlNAL Presented By Referred To ��.�.� ��, - � � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # _ 1, `� 3b Green Sheet # �'J.S 3y Committee: Date 1 WI�REAS, the Office of License, Inspections and Environmental Protecfion iniriated 2 adverse action against the sign contractor's license held by Universal Outdoor, Inc., now known 3 as Eller Media Company; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 VJHEREAS, LIEP and Eller Media Company have entered into a Settlement Agreement, a copy of c�hich is atxached hereto, which would resolve the adverse action on four of the violations and have agreed to the facts on the fifth violarion, involving a sign at 1330 Larpenteur Avenue; and WI3EREAS, that matter has been submitted to the City Council on the uncontested facts far its decision as to whether the sign should be removed because it was not constructed in accordance with the original permit; now, therefore, be it RESOLVED, that the adverse action inifiated against the sign contractor's license by Notice of Violation dated Ju1y 6, 1998 is hereby suspended for a period of twelve (12) months on the following conditions : 1) Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in determining the structural integrity of the sign located at 775 East Seventh Street and with documentation to establish that this sign was not destroyed to an extent of more than 51°/a of its replacement cost, each within fifteen (I S) days of the passage and approval of tivis Resolution. 2) Eller sha11 provide LIEP with engineering data requested by LIEP to determine the structural integrity of the sign at 1428 University Avenue within fifteen (15) days of the passage and approval of this Resolution. 3) 4) 5) Eller shall remove the sign located at Lafayette and Eaton Street within tl�irty (30) days after passage and approval of this Resolurion. Eller sha11 submit to LIEP an application far demolition of the sign formerly located at 421 East Seventh Street within fifteen (15) days of the passage and approval of this Resolution. Eller (shall) {sha�i-net}�Ue required to remove the sign located at 1 1330 Larpenteur Avenue. qq -3�0 2 3 This Resolution and the action of the Council in this matter aze based upon the facts contained in 4 the July 6, 1998 Notice of Violation, the November 17, 1998 Notice of Rescheduled Hearing and 5 the Settlement Agreement dated Mazch 4, 1999, as well as the arguments presented to the 6 Council at the public hearing. ORIGINAL Requested by Department of: - 1�r��'' /.. �'�� Foxm AppYOVed by City Bye for Submission to Covncil BY'� � �. �..� B y' Approved by Mavor D��f��y \ � gy. - _t��/ Adopted by Council; Date _��l_,� �qR� � •1 _ Adoption Certified by Council Secretaxy gg •��c DEPARTMENT/OFFICFJCOUNCIL DA7E INITIATED N.� 2 5 5 71 LIEP 3-10-99 GREEN SHEE CONTACT PERSON & PHONE �NIiIAVDATE iNRIAVbATE QDEPARTMENTDIRECTOq OCITYCOUNpL Yirgina Palmer, 6871g ��GN �GTYAITORNEY �CITYCLERK NUMBER FON MUST BE ON COUNCIL AGENDA BY (DATE) ROUTING � BUDGEf �IRECTOA � FIN. & MGT. SEBVICES OIR. � � c , � ONDEP � MqYOfl (Ofl ASSISTAPln � b.Rle�_. TOTAL # OF SIGNATUR PAGES (CI_IP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTE�: Approval of a settlement agreemeat to suspend adverse action and determination of whether a sign built differently than permit needs to be removed. RECAMMENDATIONS: Approve (A) or Reject (Fi) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOILOWINCa �UESTIONS: _ PIJWNING CAMMISSION _ CIVIL SERVICE COMMISSION 1 � Has this pe5onftirm ever worketl untler a wfnract for Mis department? _ CIB COMMITfEE _ YES NO 2. Has this persoNfirm ever been a ciry emplayee? _ STnFF — YES NO _ DISTpiCt COURi _ 3. �oes this petSOMirm possess a skill not normally possessed by any current ciry employee? SUPPOFTS WHICH COUNqL 0&IECTIVE� YE$ NO Explain all yes answers on sepa�ate shcet and attaeh to green sheet INITIATMG PROBLEM. ISSVE, OPPOBTUNITV (WM, What. When, Where. Why): LIEP and E11er Media wish to resolve an adverse action without an Administrative Law Judge hearing. They have agreed on the disposition of four violations and have stipulated to uncontested facts for a fifth violation. ADVANTAGESIFAPPROVED� P7o need to spend money.for an ALJ hearing where facts not contested. DISADVANTAGES IFAPPROVED: None. DISADVANTAGES IF NOTAPPROVED: Further delay. Expenditure of money �'cr ALJ hearing. 707AL AMOUNi OF TRANSACTION $ COST/REVENUE BUDGEiED (CIRCLE ONE) YES NO FUNDIidG SOUACE AC7IVITY NUMBER FINANCIAI INFORMATION' (EXPLAIN) 0.q -'3�0 SETTLEMENT AGREEMENT This Settlement Agreement is made this �{�'' day of 1 �-�f , 1999, by and between the Office of License, Inspections and Environmeutal Protection of the City of S� Paul, whose address is Suite 300, 350 St. Peter Street, St. Paul, Mimiesota 55102 ("L1EP"), and Eller Media Company, a Delaware corporatioq formerly known as Universal Outdoor, Inc., an Illinois corporation, with offices at 3225 Spring Street NE, Minneapolis, Nlinnesota 55413 (`Blle�'). RECTTALS WHEREAS, LIEP has initiated an adverse action against Eller's sign contractor's license; WHEREAS, the adverse action alleged five separate sign violations, specifically: 1) that a sign located at 775 Bast Seventh Street was reconstructed in April, 1998, without a permit in violation of Saint Paul Legislative Code Section 66.201, and the pernut application, when received in May, was not accompanied with the necessary engineering data; 2) a pernvt was issued to replace a sign at 1928 University Avenue with a specific condition that the company provide an engineer's report but no such report was received; 3) that a sign was replaced at Lafayette and Eaton without a permit; 4) that a sign was removed from a building at 421 East Seventh Street without first obtaining a demolition petmit and 5) that a pernut was issued on May 28, 1498 for construction of a sign at 1330 Larpenteur Avenue and that the sign built differs in type and location from the site plan; and WHEREAS, Eller has requested a hearing before the office of Administrative Hearings in this matter; and WE�REAS, LIEP has met with the representatives of Eller and the parties have agreed to a resolution of all but one of the aileged sign violations and have further agreed to allow the City Council to resolve by a binding determination the dispute regarding the final alieged violation; and WHEREAS, LIEP and Eller desire to submit the resolution of the adverse action to the City Council for its approval with the understanding that if the City Council does not approve the resolution between LIEP and Eller, this entire matter shall be referred back to the Office of Administrative Hearings for hearing on all the issues raised in the adverse action. NOW, THEREFORE, the parties agree as foliows: 1. LIEP and Eller ag�ee that the adverse action initiated herein will be suspended for a period of twelve (12) months to enswe compiiance with the conditions set forth below. 2. LIEF and Elier agree that Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in deternuning the structural integrity of the sign located at 775 East Seventh Street. Eller agrees to provide LIEP with documentation to establish that this sign was not destroyed to an e�tent ofmore than 51% ofits replacement cost. These items shall be submitted to LIEP within fifteen (15) days after approval of this Settiement Agreement by the City Council. 0.q-��o 3. LIEP and Eller agree that Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in detemvning the structural integrity of the sign at 1928 University Avenue. Eller agrees to abide by the deternunation of LIEP in ensuring that the sign is struchually sound. Eller agrees to submit this documentation to LIEP within fifteen (15) days after approval of ttris Settlement Agreement by the City Council. 4. LIF,P and Eller agree that Eller shall remove the sign located at Lafayette and Eaton Street within thirty (30} days after approval of this Settlement Agreement by the City Council. 5. LIEP and Eiler agree that Eller shall submit to LIEP an application for demolition of the sign previously located at 421 East Seventh Street within fifteen (15) days after approval of this Settlement Agreement by the City Council. 6. LIEP and Eller acknowledge that they differ as to whether Eller should be allowed to continue to maurtain the sign at 1330 Larpemeur Avenue. The parties agree to submit this issue to the City Council for its deternunation and agree that the City Council's decision regarding whether Eller can maintain the sign will be final and binding. LIEP and Eller agree that the following are the undisputed facts upon which the City Councii will make its deternunation: a. Eller submitted its Pernut Application, structural drawings, and site plan on or about May 4, 1998. b. The Application and supporting documentation indicated that a double-faced back-to-back sign was to be constructed behind the �isting building on the premises. c. On May I5, 1998, the Director of the Department of Planning and Economic Development received an application for a Special District Sign Plan from the District Council for District iQ the planning district where this sign is located. The Zoning Manager was notified of the application on May 18. No written objection to the application was received, and on June 17, 1998, a moratorium providing "no permit or license for the establishment of any new advertising sign, or the modification of any existing advertising sign shall be issued or approved by the City..." became effective as provided in Section II of the interim ordinance with respect to advertising signs. d. On May 28, 1998, LIEP issued a pernrit to Eller for the construction of the sign at 1330 Latpenteur Avenue, which indicated that the sign should be located a"minimum of 10' from the South property line". e. Prior to actual constructian of the sign, El]er discovered that the utility line prevented the construction of the sign behind the e�sting building. Eller, therefore, constructed the pole appro�nately 20 feet North and approxi- mately 15 feet West of the location shown on the approved site plan. The sign was built as a"d' instead of a back-to-back. Eller did not amend its 2 �q -3 �o Pernvt Application prior to construction ofthe sign. Pursuarn to the May 28, 1998, billboard pemrit, Eller contacted LIEP for its inspection of the sign and during the inspectioq LIEP determined that the sign was not constructed as indicated on the Application. g. Eller could have originally obtained a pernut for the type of sign and ]ocation in which it was actually built because the sign as constructed otherwise complies with the Saint Paul Zomng Code. h. By letter dated October 7, 1998, Wendy Lane, the Zoning Manager, advised Eller that the sign was not built according to the pemut issued on May 28, 1998, and that Plauning District 10, in which the sign was located, was now located in a Special Sign District for the purpose of the moratorium. Accordingly, LIEP could not approve a modification to the originally approved sign permit. Ms. Lane advised Eller that the sign couid be reconstructed to conform to the pernut by November 28, 1998, or that it would have to be removed. The sign as constructed was actually further from a St. Paul residential district than indicated in the Permit Application. 7. If the City Council approves the Settiement Agreement as to paragraphs 1 through 5 above and makes the determination as required by paragraph 6 above, no further adverse action regazding the matters raised herein shali be taken. If the City Council does not approve the Settlement Agreement, this matter shall proceed before the Office of Administrative Aearings as though no settlement had been reached and both LIEP and Eller reserve all rights in such proceeding. 8. The provisions of this Settlement Agreement shall be binding upon the successors and assigns of both LIEP and Eller in like manner as upon the original parties, except as provided by mutual written agreement. 9. This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shali not be binding on either party except to the extent incorporated in this agreement. IN WITNESS WI�.REOF, the undersigned have caused this Settlement Agreement to be executed as of the date first above written. City of St. Paul Ofiice of License, Inspections and Environmentai Protection BY� I t��—L��'�'i —_ Ics: ��2�r� Its: Reat Estate Manager �RIGlNAL Presented By Referred To ��.�.� ��, - � � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # _ 1, `� 3b Green Sheet # �'J.S 3y Committee: Date 1 WI�REAS, the Office of License, Inspections and Environmental Protecfion iniriated 2 adverse action against the sign contractor's license held by Universal Outdoor, Inc., now known 3 as Eller Media Company; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 VJHEREAS, LIEP and Eller Media Company have entered into a Settlement Agreement, a copy of c�hich is atxached hereto, which would resolve the adverse action on four of the violations and have agreed to the facts on the fifth violarion, involving a sign at 1330 Larpenteur Avenue; and WI3EREAS, that matter has been submitted to the City Council on the uncontested facts far its decision as to whether the sign should be removed because it was not constructed in accordance with the original permit; now, therefore, be it RESOLVED, that the adverse action inifiated against the sign contractor's license by Notice of Violation dated Ju1y 6, 1998 is hereby suspended for a period of twelve (12) months on the following conditions : 1) Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in determining the structural integrity of the sign located at 775 East Seventh Street and with documentation to establish that this sign was not destroyed to an extent of more than 51°/a of its replacement cost, each within fifteen (I S) days of the passage and approval of tivis Resolution. 2) Eller sha11 provide LIEP with engineering data requested by LIEP to determine the structural integrity of the sign at 1428 University Avenue within fifteen (15) days of the passage and approval of this Resolution. 3) 4) 5) Eller shall remove the sign located at Lafayette and Eaton Street within tl�irty (30) days after passage and approval of this Resolurion. Eller sha11 submit to LIEP an application far demolition of the sign formerly located at 421 East Seventh Street within fifteen (15) days of the passage and approval of this Resolution. Eller (shall) {sha�i-net}�Ue required to remove the sign located at 1 1330 Larpenteur Avenue. qq -3�0 2 3 This Resolution and the action of the Council in this matter aze based upon the facts contained in 4 the July 6, 1998 Notice of Violation, the November 17, 1998 Notice of Rescheduled Hearing and 5 the Settlement Agreement dated Mazch 4, 1999, as well as the arguments presented to the 6 Council at the public hearing. ORIGINAL Requested by Department of: - 1�r��'' /.. �'�� Foxm AppYOVed by City Bye for Submission to Covncil ap'"�� ..�s-__ BY' Approved by Mavor D��f��y \ � gy. — _t��/ Adopted by Council; Date _��l_,� �qR� � •1 _ Adoption Certified by Council Secretaxy gg •��c DEPARTMENT/OFFICFJCOUNCIL DA7E INITIATED N.� 2 5 5 71 LIEP 3-10-99 GREEN SHEE CONTACT PERSON & PHONE �NIiIAVDATE iNRIAVbATE QDEPARTMENTDIRECTOq OCITYCOUNpL Yirgina Palmer, 6871g ��GN �GTYAITORNEY �CITYCLERK NUMBER FON MUST BE ON COUNCIL AGENDA BY (DATE) ROUTING � BUDGEf �IRECTOA � FIN. & MGT. SEBVICES OIR. � � c , � ONDEP � MqYOfl (Ofl ASSISTAPln � b.Rle�_. TOTAL # OF SIGNATUR PAGES (CI_IP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTE�: Approval of a settlement agreemeat to suspend adverse action and determination of whether a sign built differently than permit needs to be removed. RECAMMENDATIONS: Approve (A) or Reject (Fi) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOILOWINCa �UESTIONS: _ PIJWNING CAMMISSION _ CIVIL SERVICE COMMISSION 1 � Has this pe5onftirm ever worketl untler a wfnract for Mis department? _ CIB COMMITfEE _ YES NO 2. Has this persoNfirm ever been a ciry emplayee? _ STnFF — YES NO _ DISTpiCt COURi _ 3. �oes this petSOMirm possess a skill not normally possessed by any current ciry employee? SUPPOFTS WHICH COUNqL 0&IECTIVE� YE$ NO Explain all yes answers on sepa�ate shcet and attaeh to green sheet INITIATMG PROBLEM. ISSVE, OPPOBTUNITV (WM, What. When, Where. Why): LIEP and E11er Media wish to resolve an adverse action without an Administrative Law Judge hearing. They have agreed on the disposition of four violations and have stipulated to uncontested facts for a fifth violation. ADVANTAGESIFAPPROVED� P7o need to spend money.for an ALJ hearing where facts not contested. DISADVANTAGES IFAPPROVED: None. DISADVANTAGES IF NOTAPPROVED: Further delay. Expenditure of money �'cr ALJ hearing. 707AL AMOUNi OF TRANSACTION $ COST/REVENUE BUDGEiED (CIRCLE ONE) YES NO FUNDIidG SOUACE AC7IVITY NUMBER FINANCIAI INFORMATION' (EXPLAIN) 0.q -'3�0 SETTLEMENT AGREEMENT This Settlement Agreement is made this �{�'' day of 1 �-�f , 1999, by and between the Office of License, Inspections and Environmeutal Protection of the City of S� Paul, whose address is Suite 300, 350 St. Peter Street, St. Paul, Mimiesota 55102 ("L1EP"), and Eller Media Company, a Delaware corporatioq formerly known as Universal Outdoor, Inc., an Illinois corporation, with offices at 3225 Spring Street NE, Minneapolis, Nlinnesota 55413 (`Blle�'). RECTTALS WHEREAS, LIEP has initiated an adverse action against Eller's sign contractor's license; WHEREAS, the adverse action alleged five separate sign violations, specifically: 1) that a sign located at 775 Bast Seventh Street was reconstructed in April, 1998, without a permit in violation of Saint Paul Legislative Code Section 66.201, and the pernut application, when received in May, was not accompanied with the necessary engineering data; 2) a pernvt was issued to replace a sign at 1928 University Avenue with a specific condition that the company provide an engineer's report but no such report was received; 3) that a sign was replaced at Lafayette and Eaton without a permit; 4) that a sign was removed from a building at 421 East Seventh Street without first obtaining a demolition petmit and 5) that a pernut was issued on May 28, 1498 for construction of a sign at 1330 Larpenteur Avenue and that the sign built differs in type and location from the site plan; and WHEREAS, Eller has requested a hearing before the office of Administrative Hearings in this matter; and WE�REAS, LIEP has met with the representatives of Eller and the parties have agreed to a resolution of all but one of the aileged sign violations and have further agreed to allow the City Council to resolve by a binding determination the dispute regarding the final alieged violation; and WHEREAS, LIEP and Eller desire to submit the resolution of the adverse action to the City Council for its approval with the understanding that if the City Council does not approve the resolution between LIEP and Eller, this entire matter shall be referred back to the Office of Administrative Hearings for hearing on all the issues raised in the adverse action. NOW, THEREFORE, the parties agree as foliows: 1. LIEP and Eller ag�ee that the adverse action initiated herein will be suspended for a period of twelve (12) months to enswe compiiance with the conditions set forth below. 2. LIEF and Elier agree that Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in deternuning the structural integrity of the sign located at 775 East Seventh Street. Eller agrees to provide LIEP with documentation to establish that this sign was not destroyed to an e�tent ofmore than 51% ofits replacement cost. These items shall be submitted to LIEP within fifteen (15) days after approval of this Settiement Agreement by the City Council. 0.q-��o 3. LIEP and Eller agree that Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in detemvning the structural integrity of the sign at 1928 University Avenue. Eller agrees to abide by the deternunation of LIEP in ensuring that the sign is struchually sound. Eller agrees to submit this documentation to LIEP within fifteen (15) days after approval of ttris Settlement Agreement by the City Council. 4. LIF,P and Eller agree that Eller shall remove the sign located at Lafayette and Eaton Street within thirty (30} days after approval of this Settlement Agreement by the City Council. 5. LIEP and Eiler agree that Eller shall submit to LIEP an application for demolition of the sign previously located at 421 East Seventh Street within fifteen (15) days after approval of this Settlement Agreement by the City Council. 6. LIEP and Eller acknowledge that they differ as to whether Eller should be allowed to continue to maurtain the sign at 1330 Larpemeur Avenue. The parties agree to submit this issue to the City Council for its deternunation and agree that the City Council's decision regarding whether Eller can maintain the sign will be final and binding. LIEP and Eller agree that the following are the undisputed facts upon which the City Councii will make its deternunation: a. Eller submitted its Pernut Application, structural drawings, and site plan on or about May 4, 1998. b. The Application and supporting documentation indicated that a double-faced back-to-back sign was to be constructed behind the �isting building on the premises. c. On May I5, 1998, the Director of the Department of Planning and Economic Development received an application for a Special District Sign Plan from the District Council for District iQ the planning district where this sign is located. The Zoning Manager was notified of the application on May 18. No written objection to the application was received, and on June 17, 1998, a moratorium providing "no permit or license for the establishment of any new advertising sign, or the modification of any existing advertising sign shall be issued or approved by the City..." became effective as provided in Section II of the interim ordinance with respect to advertising signs. d. On May 28, 1998, LIEP issued a pernrit to Eller for the construction of the sign at 1330 Latpenteur Avenue, which indicated that the sign should be located a"minimum of 10' from the South property line". e. Prior to actual constructian of the sign, El]er discovered that the utility line prevented the construction of the sign behind the e�sting building. Eller, therefore, constructed the pole appro�nately 20 feet North and approxi- mately 15 feet West of the location shown on the approved site plan. The sign was built as a"d' instead of a back-to-back. Eller did not amend its 2 �q -3 �o Pernvt Application prior to construction ofthe sign. Pursuarn to the May 28, 1998, billboard pemrit, Eller contacted LIEP for its inspection of the sign and during the inspectioq LIEP determined that the sign was not constructed as indicated on the Application. g. Eller could have originally obtained a pernut for the type of sign and ]ocation in which it was actually built because the sign as constructed otherwise complies with the Saint Paul Zomng Code. h. By letter dated October 7, 1998, Wendy Lane, the Zoning Manager, advised Eller that the sign was not built according to the pemut issued on May 28, 1998, and that Plauning District 10, in which the sign was located, was now located in a Special Sign District for the purpose of the moratorium. Accordingly, LIEP could not approve a modification to the originally approved sign permit. Ms. Lane advised Eller that the sign couid be reconstructed to conform to the pernut by November 28, 1998, or that it would have to be removed. The sign as constructed was actually further from a St. Paul residential district than indicated in the Permit Application. 7. If the City Council approves the Settiement Agreement as to paragraphs 1 through 5 above and makes the determination as required by paragraph 6 above, no further adverse action regazding the matters raised herein shali be taken. If the City Council does not approve the Settlement Agreement, this matter shall proceed before the Office of Administrative Aearings as though no settlement had been reached and both LIEP and Eller reserve all rights in such proceeding. 8. The provisions of this Settlement Agreement shall be binding upon the successors and assigns of both LIEP and Eller in like manner as upon the original parties, except as provided by mutual written agreement. 9. This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shali not be binding on either party except to the extent incorporated in this agreement. IN WITNESS WI�.REOF, the undersigned have caused this Settlement Agreement to be executed as of the date first above written. City of St. Paul Ofiice of License, Inspections and Environmentai Protection BY� I t��—L��'�'i —_ Ics: ��2�r� Its: Reat Estate Manager �RIGlNAL Presented By Referred To ��.�.� ��, - � � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # _ 1, `� 3b Green Sheet # �'J.S 3y Committee: Date 1 WI�REAS, the Office of License, Inspections and Environmental Protecfion iniriated 2 adverse action against the sign contractor's license held by Universal Outdoor, Inc., now known 3 as Eller Media Company; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 VJHEREAS, LIEP and Eller Media Company have entered into a Settlement Agreement, a copy of c�hich is atxached hereto, which would resolve the adverse action on four of the violations and have agreed to the facts on the fifth violarion, involving a sign at 1330 Larpenteur Avenue; and WI3EREAS, that matter has been submitted to the City Council on the uncontested facts far its decision as to whether the sign should be removed because it was not constructed in accordance with the original permit; now, therefore, be it RESOLVED, that the adverse action inifiated against the sign contractor's license by Notice of Violation dated Ju1y 6, 1998 is hereby suspended for a period of twelve (12) months on the following conditions : 1) Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in determining the structural integrity of the sign located at 775 East Seventh Street and with documentation to establish that this sign was not destroyed to an extent of more than 51°/a of its replacement cost, each within fifteen (I S) days of the passage and approval of tivis Resolution. 2) Eller sha11 provide LIEP with engineering data requested by LIEP to determine the structural integrity of the sign at 1428 University Avenue within fifteen (15) days of the passage and approval of this Resolution. 3) 4) 5) Eller shall remove the sign located at Lafayette and Eaton Street within tl�irty (30) days after passage and approval of this Resolurion. Eller sha11 submit to LIEP an application far demolition of the sign formerly located at 421 East Seventh Street within fifteen (15) days of the passage and approval of this Resolution. Eller (shall) {sha�i-net}�Ue required to remove the sign located at 1 1330 Larpenteur Avenue. qq -3�0 2 3 This Resolution and the action of the Council in this matter aze based upon the facts contained in 4 the July 6, 1998 Notice of Violation, the November 17, 1998 Notice of Rescheduled Hearing and 5 the Settlement Agreement dated Mazch 4, 1999, as well as the arguments presented to the 6 Council at the public hearing. ORIGINAL Requested by Department of: - 1�r��'' /.. �'�� Foxm AppYOVed by City Bye for Submission to Covncil ap'"�� ..�s-__ BY' Approved by Mavor D��f��y \ � gy. — _t��/ Adopted by Council; Date _��l_,� �qR� � •1 _ Adoption Certified by Council Secretaxy gg •��c DEPARTMENT/OFFICFJCOUNCIL DA7E INITIATED N.� 2 5 5 71 LIEP 3-10-99 GREEN SHEE CONTACT PERSON & PHONE �NIiIAVDATE iNRIAVbATE QDEPARTMENTDIRECTOq OCITYCOUNpL Yirgina Palmer, 6871g ��GN �GTYAITORNEY �CITYCLERK NUMBER FON MUST BE ON COUNCIL AGENDA BY (DATE) ROUTING � BUDGEf �IRECTOA � FIN. & MGT. SEBVICES OIR. � � c , � ONDEP � MqYOfl (Ofl ASSISTAPln � b.Rle�_. TOTAL # OF SIGNATUR PAGES (CI_IP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTE�: Approval of a settlement agreemeat to suspend adverse action and determination of whether a sign built differently than permit needs to be removed. RECAMMENDATIONS: Approve (A) or Reject (Fi) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOILOWINCa �UESTIONS: _ PIJWNING CAMMISSION _ CIVIL SERVICE COMMISSION 1 � Has this pe5onftirm ever worketl untler a wfnract for Mis department? _ CIB COMMITfEE _ YES NO 2. Has this persoNfirm ever been a ciry emplayee? _ STnFF — YES NO _ DISTpiCt COURi _ 3. �oes this petSOMirm possess a skill not normally possessed by any current ciry employee? SUPPOFTS WHICH COUNqL 0&IECTIVE� YE$ NO Explain all yes answers on sepa�ate shcet and attaeh to green sheet INITIATMG PROBLEM. ISSVE, OPPOBTUNITV (WM, What. When, Where. Why): LIEP and E11er Media wish to resolve an adverse action without an Administrative Law Judge hearing. They have agreed on the disposition of four violations and have stipulated to uncontested facts for a fifth violation. ADVANTAGESIFAPPROVED� P7o need to spend money.for an ALJ hearing where facts not contested. DISADVANTAGES IFAPPROVED: None. DISADVANTAGES IF NOTAPPROVED: Further delay. Expenditure of money �'cr ALJ hearing. 707AL AMOUNi OF TRANSACTION $ COST/REVENUE BUDGEiED (CIRCLE ONE) YES NO FUNDIidG SOUACE AC7IVITY NUMBER FINANCIAI INFORMATION' (EXPLAIN) 0.q -'3�0 SETTLEMENT AGREEMENT This Settlement Agreement is made this �{�'' day of 1 �-�f , 1999, by and between the Office of License, Inspections and Environmeutal Protection of the City of S� Paul, whose address is Suite 300, 350 St. Peter Street, St. Paul, Mimiesota 55102 ("L1EP"), and Eller Media Company, a Delaware corporatioq formerly known as Universal Outdoor, Inc., an Illinois corporation, with offices at 3225 Spring Street NE, Minneapolis, Nlinnesota 55413 (`Blle�'). RECTTALS WHEREAS, LIEP has initiated an adverse action against Eller's sign contractor's license; WHEREAS, the adverse action alleged five separate sign violations, specifically: 1) that a sign located at 775 Bast Seventh Street was reconstructed in April, 1998, without a permit in violation of Saint Paul Legislative Code Section 66.201, and the pernut application, when received in May, was not accompanied with the necessary engineering data; 2) a pernvt was issued to replace a sign at 1928 University Avenue with a specific condition that the company provide an engineer's report but no such report was received; 3) that a sign was replaced at Lafayette and Eaton without a permit; 4) that a sign was removed from a building at 421 East Seventh Street without first obtaining a demolition petmit and 5) that a pernut was issued on May 28, 1498 for construction of a sign at 1330 Larpenteur Avenue and that the sign built differs in type and location from the site plan; and WHEREAS, Eller has requested a hearing before the office of Administrative Hearings in this matter; and WE�REAS, LIEP has met with the representatives of Eller and the parties have agreed to a resolution of all but one of the aileged sign violations and have further agreed to allow the City Council to resolve by a binding determination the dispute regarding the final alieged violation; and WHEREAS, LIEP and Eller desire to submit the resolution of the adverse action to the City Council for its approval with the understanding that if the City Council does not approve the resolution between LIEP and Eller, this entire matter shall be referred back to the Office of Administrative Hearings for hearing on all the issues raised in the adverse action. NOW, THEREFORE, the parties agree as foliows: 1. LIEP and Eller ag�ee that the adverse action initiated herein will be suspended for a period of twelve (12) months to enswe compiiance with the conditions set forth below. 2. LIEF and Elier agree that Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in deternuning the structural integrity of the sign located at 775 East Seventh Street. Eller agrees to provide LIEP with documentation to establish that this sign was not destroyed to an e�tent ofmore than 51% ofits replacement cost. These items shall be submitted to LIEP within fifteen (15) days after approval of this Settiement Agreement by the City Council. 0.q-��o 3. LIEP and Eller agree that Eller shall provide LIEP with engineering data requested by LIEP to assist LIEP in detemvning the structural integrity of the sign at 1928 University Avenue. Eller agrees to abide by the deternunation of LIEP in ensuring that the sign is struchually sound. Eller agrees to submit this documentation to LIEP within fifteen (15) days after approval of ttris Settlement Agreement by the City Council. 4. LIF,P and Eller agree that Eller shall remove the sign located at Lafayette and Eaton Street within thirty (30} days after approval of this Settlement Agreement by the City Council. 5. LIEP and Eiler agree that Eller shall submit to LIEP an application for demolition of the sign previously located at 421 East Seventh Street within fifteen (15) days after approval of this Settlement Agreement by the City Council. 6. LIEP and Eller acknowledge that they differ as to whether Eller should be allowed to continue to maurtain the sign at 1330 Larpemeur Avenue. The parties agree to submit this issue to the City Council for its deternunation and agree that the City Council's decision regarding whether Eller can maintain the sign will be final and binding. LIEP and Eller agree that the following are the undisputed facts upon which the City Councii will make its deternunation: a. Eller submitted its Pernut Application, structural drawings, and site plan on or about May 4, 1998. b. The Application and supporting documentation indicated that a double-faced back-to-back sign was to be constructed behind the �isting building on the premises. c. On May I5, 1998, the Director of the Department of Planning and Economic Development received an application for a Special District Sign Plan from the District Council for District iQ the planning district where this sign is located. The Zoning Manager was notified of the application on May 18. No written objection to the application was received, and on June 17, 1998, a moratorium providing "no permit or license for the establishment of any new advertising sign, or the modification of any existing advertising sign shall be issued or approved by the City..." became effective as provided in Section II of the interim ordinance with respect to advertising signs. d. On May 28, 1998, LIEP issued a pernrit to Eller for the construction of the sign at 1330 Latpenteur Avenue, which indicated that the sign should be located a"minimum of 10' from the South property line". e. Prior to actual constructian of the sign, El]er discovered that the utility line prevented the construction of the sign behind the e�sting building. Eller, therefore, constructed the pole appro�nately 20 feet North and approxi- mately 15 feet West of the location shown on the approved site plan. The sign was built as a"d' instead of a back-to-back. Eller did not amend its 2 �q -3 �o Pernvt Application prior to construction ofthe sign. Pursuarn to the May 28, 1998, billboard pemrit, Eller contacted LIEP for its inspection of the sign and during the inspectioq LIEP determined that the sign was not constructed as indicated on the Application. g. Eller could have originally obtained a pernut for the type of sign and ]ocation in which it was actually built because the sign as constructed otherwise complies with the Saint Paul Zomng Code. h. By letter dated October 7, 1998, Wendy Lane, the Zoning Manager, advised Eller that the sign was not built according to the pemut issued on May 28, 1998, and that Plauning District 10, in which the sign was located, was now located in a Special Sign District for the purpose of the moratorium. Accordingly, LIEP could not approve a modification to the originally approved sign permit. Ms. Lane advised Eller that the sign couid be reconstructed to conform to the pernut by November 28, 1998, or that it would have to be removed. The sign as constructed was actually further from a St. Paul residential district than indicated in the Permit Application. 7. If the City Council approves the Settiement Agreement as to paragraphs 1 through 5 above and makes the determination as required by paragraph 6 above, no further adverse action regazding the matters raised herein shali be taken. If the City Council does not approve the Settlement Agreement, this matter shall proceed before the Office of Administrative Aearings as though no settlement had been reached and both LIEP and Eller reserve all rights in such proceeding. 8. The provisions of this Settlement Agreement shall be binding upon the successors and assigns of both LIEP and Eller in like manner as upon the original parties, except as provided by mutual written agreement. 9. This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shali not be binding on either party except to the extent incorporated in this agreement. IN WITNESS WI�.REOF, the undersigned have caused this Settlement Agreement to be executed as of the date first above written. City of St. Paul Ofiice of License, Inspections and Environmentai Protection BY� I t��—L��'�'i —_ Ics: ��2�r� Its: Reat Estate Manager