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02-74, �� i A � '-w' � ��d i ��E � Presented By Referred To 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION CITY OF SAIN'T PAUL, MINNESOTA Council File # `e1. �- � Green Sheet #� � 3� 4 36 Committee: Date WIIEREAS, the Council imposed adverse action under Council File O1-843 against the sigi contractor's license held by DeLite Outdoor Advertising, Inc_, suspending the license until such time as the licensee removed a billboard at I-94 and Vandalia, and paid permit fees for repair work previously done to a sign on Pierce Butler Route without a permit; and WHEREAS, the Licensee has appealed the City Council's determination to the Court of Appeals; and WHEREAS, attomey for the Licensee has filed a request for a stay of the enforcement of the City Council resolurion pending the outcome of the appeal; and WFIEREAS, the Office of License, Inspecfions and Environmental Protection has recommended rivo conditions relarive to such a stay; now therefor be it RESOLVED, that the City Counci] will stay enforcement of its resolurion in Council File O1-843 suspending the license of DeLite Outdoor Advertising, inc. upon the following terms and conditions which it finds will protect the interests of the City in enforcing the legislative code provisions related to sign contractors pending the outcome of this appeal 1) 2) DeLite shall do no repair, maintenance, or other work on signs they own In Saint Paul, other tk�an cl�anging advertising copy, without a permit from the Office of LIEP. DeLite shall maintain no copy on the billboard at I-94 and Vandalia pending the outcome of the appeal. � Requested by Department of: ay: Fozm Approve by City Atto� Hy: C/ (/L.�ULLIi�.� l C2 ( Approved by Mayor for Submission to Council Hy: �_ Approved by BY: Adopted by Council: Date 'd� a-OOa_ Adoption Certifie�y Counci ecretary .. . � c� 23. '02 Public TOTAL # OF SIGNATURE PAGES ��. oa-�� Jan. 2 , 02 GREEN SHEET No 1 13704 � � �.,,�.�.� �.�.. � IBHtFOR QIYAi10MEY ❑GIYCIHIK " m� � ww¢w.aQxe�sac wuw��miw.mo ❑r�mnMRaasrurt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) That the City Council will stay enforcement of iCS resolution in Council File Oi-843 suspending the license of DeLite Outdoor Advertising, Inc. with terms and conditions. PLANNING COMMISSION CIB CAMMI7'T'EE CML SERVICE COIdMI5S10N SOURCE HasUus PeisaNfirtn erer v.orked unUer a conhact kr Nia tlepeM�eM? vES rio Fias ihie P�sorUfirm e�er been a atY empbyee4 vES tlo Dces fhis persoNfirm pocsess a slull rwt nama��YP� M�Y a� GH �P�oY�? VES NO Is tllis pe�sauTiim ata�geted vetWOYl YES NO COST/REVENUE BUDGETED (CIRCLE ON� VES NO ACTIVI'IV NWiBFlt � OFFICE OF THE CITY ATTORNEY Clayton M Robinson, Jc, Ciry Aitorney Q a�"� � CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 Ciry Ha71 15 Wesz Ketlogg Btvd. Saint Pau1, Minnesata 55102 Telephone: 651266-87I0 Facsimite: 65l 298-5619 December 31, 2001 Daniel Bostrom Council President 320B City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 RE: In the Matter of the Sign Cantractor's License held by DeLite Outdoar Advertising, Inc. Adverse License Action, C.F. 01-843 Dear Council President Bostrom: Enclosed is a copy of a request for a stay of the license suspension imposed against the sign contractor's license held by DeLite Outdoor Advertising, Inc. pursuant to resolution under Council File 01-843. I ask that the request be placed on the Council agenda for a public hearing on January 23, 2002. This request is before the Council as the matter has been appealed to the Court of Appeals and the rules of appellate procedure provide that the Council first hear a request for stay of the suspension pending appeal. Council may deny the request, grant the request for a stay without conditions or grant a stay with reasonable conditions. If the Council denies the request for the stay, the Court of Appeals has authority to act and grant such a stay during the pendency of the appeal. I have also enclosed a proposed resolution for the CounciPs considerarion which grants the stay and imposes two conditions which my client, the Office of License, Inspections and Environmental Protecrion, has recommended. A copy of this proposed resolution has been provided to the Licensee and they will be able to voice any objecrions to these conditions at the public hearing. Sincerely, �/ �� virg;ma r Assistant City Attorney cc: City Councilmembers Nancy Anderson, Council Secretary Gary VanCleve, attorney far DeLite Outdoor Advertising, Inc. ��. -�y Ln�tN, Ho�F�r�arr, Dat.Y & Lu��, LTD. ATYORNEYS AT LAW Gary A. Van Cleve 1500 WELLS FARGO PLAZA 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-7 794 TELEPHONE(952)8353800 FAX (952) 8963333 Dir. Dial: (952) 896-3277 E-maif: gvanGeve@fhdl.com December 19, 2001 �'�' �� DEt; � ,;�� 1 City Clerk City of St. Paul Civil Division ]5 WestKelloggBoulevard. St. Paul, MN 55102 � /'1TT0�3�iEY In the Matter of the Sign Contractor's License Held by AeLite Outdoor Advertising, Inc. Court File No. 62-C6-01-004824 Our File No. 23,518-35 Dear Clerk: This law firm represents DeLite Outdoor Advertising, Inc. ("DeLite") in the above referenced matter. On August 22, 2001, the St. Paul City Council adopted a resolution which became effective on September 6, 2001 in connection with a dispute over an outdoor advertising sign with our client DeLite. We have appealed the City CounciPs detemunation to the Minnesota Court of Appeals. Pending the resolution of the appeal, we seek a stay from the City Council of any further action pursuant to its resolution. I have been advised by Assistant City Attomey, Virginia D. Palmer, that the proper procedure for making such a request is to direct a letter to you to ask that our stay request be placed on a City Council agenda for consideration by the Council. Please consider this letter our formal request to place on the City Council agenda our request for a stay pending the appeal before the Minnesota Supreme Court. If you have any questions, do not hesitate to contact me at 952/896-3277. In my absence, please ask for my associate, Mark Christopl�erson, r•.;to w;:l be able :;, ::e;p yau. Very tru yours, � �� Gary A!��n Cleve, for LARK�I, HOFFMAN, DALY & LINDGREN, Ltd. cc: Virginia D. Palmer, Esq., Assistant City Attomey Cenified Civi! Tn¢! Specialis! by BoarACertified Civil Trial AAvoca[e Minnuota Saate BarAssaciation Natiorsal Bonrd ojTrial Advocacy �`L:rs�..__ ��C � � 20�1 , . •r t: ��; � s<. Certifie�! Rea[ Properg� Speci¢[ist by hfinnesota State BarAssoeiation oa -'� `� Laxi��r, Ho�rr, Daz.Y & Lu�mG�rr, LT13. ATTORNEYS AT LAW GaryA Van Cleve 1500 WELLS FARGO PLAZ4 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (952) 835�4800 FAX (952) 8963333 Dir. Dial: (952) 896-3277 E-mail: gvancleve@Ihdl.com December 19, 2001 City Clerk City of St. Paul Civil Division 15 West Kellogg Boulevard. St. Paul, MN 55102 In the Matter of the Sign Contractor's License Held by DeLite Outdoor Advertising Inc. Court File No. 62-C6-01-004824 Our File No. 23,518-35 Dear Clerk: This law firm represents DeLite Outdoor Advertising, Ina ("DeLite") in the above referenced matter. On Augusl 22, 2001, the St. Paul City Council adopted a resolufion which became effective on September 6, 2001 in connecfion with a dispute over an outdoor advertising sign with our client DeLite. We have appealed the City CounciPs determination to the Minnesota Court of Appeals. Pending the resolution of the appeal, we seek a stay from the City Council of any further action pursuant to its resolution. I have been advised by Assistant Ciry Attorney, Virginia D. Palmer, that the proper procedure for making such a request is to direct a letter to you to ask that our stay request be placed on a City Council agenda for considerarion by the Council. Please consider this letter our formal request to place on the City Council agenda our request for a stay pending the appeal before the Minnesota Supreme Court. If you have any quesrions, do not hesitate to contact me at 952/896-3277. In my absence, please ask for my associate, Mark Christopherson, who �v.,l �z able :a ::e;g you. Very tru yours, � � - � Gary an Cleve, for L , HOFFMAN, DALY & LINDGREN, Ltd. cc: Virginia D. Palmer, Esq., Assistant City Attorney Cenified Civil Tn¢1 Specialist by Board Certifed Civil Trial Advocate Minnesota Siate B¢r Association National Board of Triat Advocacy ,�sn �t"�.:4h� �s��,��;, ��i, "�, `. �� tsil�� ➢EC 2 4 2001 �,i ;�'t CLE�S� Certified Rea! Properry Specralisi by Minnesoia Szaie Bar Associaiion , �� i A � '-w' � ��d i ��E � Presented By Referred To 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION CITY OF SAIN'T PAUL, MINNESOTA Council File # `e1. �- � Green Sheet #� � 3� 4 36 Committee: Date WIIEREAS, the Council imposed adverse action under Council File O1-843 against the sigi contractor's license held by DeLite Outdoor Advertising, Inc_, suspending the license until such time as the licensee removed a billboard at I-94 and Vandalia, and paid permit fees for repair work previously done to a sign on Pierce Butler Route without a permit; and WHEREAS, the Licensee has appealed the City Council's determination to the Court of Appeals; and WHEREAS, attomey for the Licensee has filed a request for a stay of the enforcement of the City Council resolurion pending the outcome of the appeal; and WFIEREAS, the Office of License, Inspecfions and Environmental Protection has recommended rivo conditions relarive to such a stay; now therefor be it RESOLVED, that the City Counci] will stay enforcement of its resolurion in Council File O1-843 suspending the license of DeLite Outdoor Advertising, inc. upon the following terms and conditions which it finds will protect the interests of the City in enforcing the legislative code provisions related to sign contractors pending the outcome of this appeal 1) 2) DeLite shall do no repair, maintenance, or other work on signs they own In Saint Paul, other tk�an cl�anging advertising copy, without a permit from the Office of LIEP. DeLite shall maintain no copy on the billboard at I-94 and Vandalia pending the outcome of the appeal. � Requested by Department of: ay: Fozm Approve by City Atto� Hy: C/ (/L.�ULLIi�.� l C2 ( Approved by Mayor for Submission to Council Hy: �_ Approved by BY: Adopted by Council: Date 'd� a-OOa_ Adoption Certifie�y Counci ecretary .. . � c� 23. '02 Public TOTAL # OF SIGNATURE PAGES ��. oa-�� Jan. 2 , 02 GREEN SHEET No 1 13704 � � �.,,�.�.� �.�.. � IBHtFOR QIYAi10MEY ❑GIYCIHIK " m� � ww¢w.aQxe�sac wuw��miw.mo ❑r�mnMRaasrurt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) That the City Council will stay enforcement of iCS resolution in Council File Oi-843 suspending the license of DeLite Outdoor Advertising, Inc. with terms and conditions. PLANNING COMMISSION CIB CAMMI7'T'EE CML SERVICE COIdMI5S10N SOURCE HasUus PeisaNfirtn erer v.orked unUer a conhact kr Nia tlepeM�eM? vES rio Fias ihie P�sorUfirm e�er been a atY empbyee4 vES tlo Dces fhis persoNfirm pocsess a slull rwt nama��YP� M�Y a� GH �P�oY�? VES NO Is tllis pe�sauTiim ata�geted vetWOYl YES NO COST/REVENUE BUDGETED (CIRCLE ON� VES NO ACTIVI'IV NWiBFlt � OFFICE OF THE CITY ATTORNEY Clayton M Robinson, Jc, Ciry Aitorney Q a�"� � CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 400 Ciry Ha71 15 Wesz Ketlogg Btvd. Saint Pau1, Minnesata 55102 Telephone: 651266-87I0 Facsimite: 65l 298-5619 December 31, 2001 Daniel Bostrom Council President 320B City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 RE: In the Matter of the Sign Cantractor's License held by DeLite Outdoar Advertising, Inc. Adverse License Action, C.F. 01-843 Dear Council President Bostrom: Enclosed is a copy of a request for a stay of the license suspension imposed against the sign contractor's license held by DeLite Outdoor Advertising, Inc. pursuant to resolution under Council File 01-843. I ask that the request be placed on the Council agenda for a public hearing on January 23, 2002. This request is before the Council as the matter has been appealed to the Court of Appeals and the rules of appellate procedure provide that the Council first hear a request for stay of the suspension pending appeal. Council may deny the request, grant the request for a stay without conditions or grant a stay with reasonable conditions. If the Council denies the request for the stay, the Court of Appeals has authority to act and grant such a stay during the pendency of the appeal. I have also enclosed a proposed resolution for the CounciPs considerarion which grants the stay and imposes two conditions which my client, the Office of License, Inspections and Environmental Protecrion, has recommended. A copy of this proposed resolution has been provided to the Licensee and they will be able to voice any objecrions to these conditions at the public hearing. Sincerely, �/ �� virg;ma r Assistant City Attorney cc: City Councilmembers Nancy Anderson, Council Secretary Gary VanCleve, attorney far DeLite Outdoor Advertising, Inc. ��. -�y Ln�tN, Ho�F�r�arr, Dat.Y & Lu��, LTD. ATYORNEYS AT LAW Gary A. Van Cleve 1500 WELLS FARGO PLAZA 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-7 794 TELEPHONE(952)8353800 FAX (952) 8963333 Dir. Dial: (952) 896-3277 E-maif: gvanGeve@fhdl.com December 19, 2001 �'�' �� DEt; � ,;�� 1 City Clerk City of St. Paul Civil Division ]5 WestKelloggBoulevard. St. Paul, MN 55102 � /'1TT0�3�iEY In the Matter of the Sign Contractor's License Held by AeLite Outdoor Advertising, Inc. Court File No. 62-C6-01-004824 Our File No. 23,518-35 Dear Clerk: This law firm represents DeLite Outdoor Advertising, Inc. ("DeLite") in the above referenced matter. On August 22, 2001, the St. Paul City Council adopted a resolution which became effective on September 6, 2001 in connection with a dispute over an outdoor advertising sign with our client DeLite. We have appealed the City CounciPs detemunation to the Minnesota Court of Appeals. Pending the resolution of the appeal, we seek a stay from the City Council of any further action pursuant to its resolution. I have been advised by Assistant City Attomey, Virginia D. Palmer, that the proper procedure for making such a request is to direct a letter to you to ask that our stay request be placed on a City Council agenda for consideration by the Council. Please consider this letter our formal request to place on the City Council agenda our request for a stay pending the appeal before the Minnesota Supreme Court. If you have any questions, do not hesitate to contact me at 952/896-3277. In my absence, please ask for my associate, Mark Christopl�erson, r•.;to w;:l be able :;, ::e;p yau. Very tru yours, � �� Gary A!��n Cleve, for LARK�I, HOFFMAN, DALY & LINDGREN, Ltd. cc: Virginia D. Palmer, Esq., Assistant City Attomey Cenified Civi! Tn¢! Specialis! by BoarACertified Civil Trial AAvoca[e Minnuota Saate BarAssaciation Natiorsal Bonrd ojTrial Advocacy �`L:rs�..__ ��C � � 20�1 , . •r t: ��; � s<. Certifie�! Rea[ Properg� Speci¢[ist by hfinnesota State BarAssoeiation oa -'� `� Laxi��r, Ho�rr, Daz.Y & Lu�mG�rr, LT13. ATTORNEYS AT LAW GaryA Van Cleve 1500 WELLS FARGO PLAZ4 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (952) 835�4800 FAX (952) 8963333 Dir. Dial: (952) 896-3277 E-mail: gvancleve@Ihdl.com December 19, 2001 City Clerk City of St. Paul Civil Division 15 West Kellogg Boulevard. St. Paul, MN 55102 In the Matter of the Sign Contractor's License Held by DeLite Outdoor Advertising Inc. Court File No. 62-C6-01-004824 Our File No. 23,518-35 Dear Clerk: This law firm represents DeLite Outdoor Advertising, Ina ("DeLite") in the above referenced matter. On Augusl 22, 2001, the St. Paul City Council adopted a resolufion which became effective on September 6, 2001 in connecfion with a dispute over an outdoor advertising sign with our client DeLite. We have appealed the City CounciPs determination to the Minnesota Court of Appeals. Pending the resolution of the appeal, we seek a stay from the City Council of any further action pursuant to its resolution. I have been advised by Assistant Ciry Attorney, Virginia D. Palmer, that the proper procedure for making such a request is to direct a letter to you to ask that our stay request be placed on a City Council agenda for considerarion by the Council. Please consider this letter our formal request to place on the City Council agenda our request for a stay pending the appeal before the Minnesota Supreme Court. If you have any quesrions, do not hesitate to contact me at 952/896-3277. In my absence, please ask for my associate, Mark Christopherson, who �v.,l �z able :a ::e;g you. Very tru yours, � � - � Gary an Cleve, for L , HOFFMAN, DALY & LINDGREN, Ltd. cc: Virginia D. Palmer, Esq., Assistant City Attorney Cenified Civil Tn¢1 Specialist by Board Certifed Civil Trial Advocate Minnesota Siate B¢r Association National Board of Triat Advocacy ,�sn �t"�.:4h� �s��,��;, ��i, "�, `. �� tsil�� ➢EC 2 4 2001 �,i ;�'t CLE�S� Certified Rea! Properry Specralisi by Minnesoia Szaie Bar Associaiion