Approved Minutes 7-25-2001Page 1 of 14
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 25th, 2001 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Miscellaneous
• Suspension Item
• For Discussion
• Ordinances
• Public Hearings
The meeting was called to order at 3:30 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after roll call)
CONSENT AGENDA (Items I - 24)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED BY A COUNCIL,MEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Council President Bostrom said a request was received to withdraw Item 12.
Councilmember Benanav requested Item 13 be removed for discussion.
Nancy Anderson read communication into the record listed below.
Councilmember Blakey moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
The following communication was read into the record:
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 1, 2001, to consider the application for a sound level variance
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 2 of 14
by Holly Crouse representing the West End Business Revitalization Corporation, to allow live outdoor
music on the parking lot located by the Armstrong Quinlan House, across from the Excel Energy Arena,
from 5:00 p.m. to 10:00 p.m. on August 17, 2001, and from 12:00 noon to 10:00 p.m. on August 18,
2001, during the Capital City Days Festival.
1. Claims of Ludmila Bryskina, Mary Kisch, Brenna Klempka, William Kromer, Jr. and Carol Spock.
Referred to the Employee /Risk Management Division
2. Summons and Complaint in the matter of Robert L Greenberg v. the City of Saint Paul and
Councilmembers Chris Coleman, Jerry Blakey, Dan Bostrom, Pat Harris, and Jim Reiter.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Desmond Cornelious v. the City of Saint Paul, et al
Referred to the City Attorney's Office
4. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 63 Atwater
Street, 245 Front Avenue, 659 Iglehart Avenue, 847 Lexington Parkway South, and 60 Rose Avenue
East as nuisance property. (For notification purposes only; public hearings will be scheduled at a later
date if necessary.)
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 1, 2001, to consider the application for a sound level variance
by Steve and Maureen Mariano, owners of Schwietz Saloon, 952 Payne Avenue, to allow live music
during the Harvest Festival 2001 on September 13 -15, 2001, from 8:30 p.m. to 12:30 a.m.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on August 1, 2001, to consider the application of ALCORN, Inc., to rezone
property from B -2 to B -3 to allow for the construction of an auto repair station.
FOR ACTION
7. Approval of minutes of July 11, 2001.
Adopted Yeas - 7 Nays - 0
8. Resolution - 01 -740 - Concerning adverse action against the Tree Trimmer and One Vehicle License
held by Gary Albig, dba Albig Tree Care.
Adopted Yeas - 7 Nays - 0
9. Resolution - 01 -741 - Concerning adverse action against the Solid Waste Hauler License held by
Timothy Johnson, dba Pioneer Rubbish Hauling.
Adopted Yeas - 7 Nays - 0
10. Resolution - 01 -742 - Concerning adverse action against the Solid Waste Hauler License by Ray
Ellis, dba Mini Dump's Inc. (To be laid over to August 22)
Laid over to August 22 Yeas - 7 Nays - 0
11. Resolution - 01 -743 - Concerning adverse action against the Solid Waste Hauler License by Ronald
A. Kowski, dba Kowski Rubbish Removal.
Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 3 of 14
12. Resolution - 01 -744 - Concerning adverse action against the Liquor On -Sale (Over 100 seats) and
Liquor On -Sale (Sunday) Licenses and Alarm Permit held by Ale Room, Inc., dba The Buttery, 395
Robert Street North.
Withdrawn Yeas - 7 Nays - 0
13. (Discussed after the Consent Agenda)
14. Resolution - 01 -746 - Concerning adverse action against the Cigarette /Tobacco License held by SLT
Enterprises, Inc., dba Hudson Liquor, 1047 Hudson Road.
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -747 - Concerning adverse action against the Cigarette /Tobacco License held by
Ahmed Abrahim, dba Mona's, 920 Selby Avenue. (Public Hearing held June 27)
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -748 - Concerning adverse action against the Taxicab Driver's License held by
Dennis Wasson based upon his conviction for Test Refusal. (Public Hearing held June 27)
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -749 - Approving the July 17, 2001, decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for the following addresses: 2650 University Avenue West, 1237
Matilda Street, 1947 Grand Avenue and 2309 Priscilla Street.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -750 - Authorizing the Police Department to enter into an agreement with St. Croix,
Wisconsin, to provide radio service.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -751 - Authorizing the Department of Planning and Economic Development to apply
to the Metropolitan Council for opportunity grants through the Livable Communities Demonstration
Program.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -752 - Approving a Neighborhood STAR Loan and Grant for 920 Selby Renovation,
Inc.
Adopted Yeas - 7 Nays - 0
21. Resolution - 01 -753 - Approving the purchase of property (Trillium Site), except for an approximate
3/4 acres, for the sum of $3.2 million dollars under the terms and conditions negotiated by the City
Attorney.
Adopted Yeas - 7 Nays - 0
22. Resolution - 01 -754 - Authorizing the Division of Contract and Analysis Services to dispose of
surplus City computers by donating to the "Computers for Schools Program."
Adopted Yeas - 7 Nays - 0
23. Resolution - 01 -755 - Authorizing the Division of Contract and Analysis Services to dispose of
surplus City cell phones by donating to the "Donate a Phone Program."
Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 4 of 14
23a. Resolution - 01 -763 - Accepting and authorizing to file with Ramsey County an agreement between
the City of Saint Paul and the Minnesota State Agricultural Society (State Fair) to acquire a permanent
storm drainage easement.
Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 01 -756 - In the matter of condemning and taking of property rights as required
for construction of Phalen Boulevard between Mississippi Street and Payne Avenue, and setting date of
public hearing for August 22, 2001. (File 418947 -A)
Adopted Yeas - 7 Nays - 0
MISCELLANEOUS
43. Presentation of the Minnesota Recreation and Park Association "Award of Excellence in 2001" to
the Division of Parks and Recreation for the Harriet Island Regional Park Project.
Randy Distad, Minnesota Recreation and Park Association, presented an award to John Wirka, Jody
Martinez and Tim Agness, Division of Parks and Recreation.
Suspension Items:
Councilmember Blakey moved suspension of the rules to introduce the following resolution:
Resolution - 01 -765 - Honoring Anne Hunt's twelve years of leadership of the Saint Paul Neighborhood
Energy Consortium and recognizing her contributions to improving the City of Saint Paul's environment
and quality of life.
Councilmember Blakey read the resolution recognizing Ms. Hunt as she ends her employment with the
Neighborhood Energy Consortium and extended his appreciation for her leadership in her position and
her role in environmental issues. Ms. Hunt responded with thanks and appreciation to the City Council
for their efforts in this area also. Councilmember Coleman also extended his gratitude to Ms. Hunt.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved suspension of the rules and approval of the following resolution.
Resolution - 01 -766 - Memorializing City Council action granting the appeal of David Thom to a
decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to
replace a rear second story deck at 410 Eichenwald Street. (Public hearing held on September 27, 2000)
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -745 - Concerning adverse action against the Cigarette /Tobacco License held by Ale
Room, Inc., dba The Buttery, 395 Robert Street North.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), appeared. She provided background information saying that a notice
of violation was sent to the owner of the Buttery on April 25, 2001, advising them that the Office of
LIEP intended to take adverse action against their cigarette license based upon the fact that their
cigarette vending machine is in the front entry of the establishment in violation of State law. No
response was received to that letter and the letter advised that if there was not a response by May 7, it
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 5 of 14
would be assumed that the licensee was not contesting the facts and the matter would be placed on the
consent agenda. Ms. Palmer said it was verified that the machine is still in the establishment.
Councilmember Coleman stated the machine in within the secondary door to the establishment within
view of any bartender who would have to activate the machine. He questioned why there is a violation if
it is electronically controlled and within the confines of the bar.
Ms. Palmer responded that §461.18 prohibits the sale of tobacco products from a vending machine
unless the establishment cannot be entered by a person under the age of 18, and §461.19 allows local
ordinances to be more restrictive but not less restrictive. Therefore, by State law cigarette vending
machines can't be located in an establishment unless minors are not permitted and the Buttery does
permit minors.
Ms. Palmer said if Mr. Dahlin wishes to contest this matter, it should be sent to an Administrative Law
Judge (ALJ) for a hearing. Councilmember Coleman did not agree it should go to an ALJ. The machine
is located inside the bar, it is controlled by the bartenders and an ID would have to be presented. He said
the City's statute is different from State law and his position is that the Council debated its statute and
chose not to make changes to it.
In response to a question of Councilmember Blakey, Ms. Palmer said she thought there was a locking
device on the vending machine and State law does not allow for locking devices. She acknowledged that
the Council had this discussion before; however, the last time an ordinance was introduced, the Council
did acknowledge that State law prohibits the device.
Ms. Palmer said she has advised LISP that they cannot issue licenses to establishments in violation of
the State law and as they do compliance checks and find violations, they are reporting them to her and
she sends out the notices of violation. Some establishments are removing the machines. There is no
provision in State law for a separate locked room with no access which was a policy decision made by
the former director of LIEP as a compromise to St. Paul license holders that if they would keep the
vending machine out of the public portion of the premises, the City would not enforce against the
license.
Discussion took place on whether the machine could be put in a place where it would be in compliance.
There was general consensus that if a locking device is on the machine, it should not be a problem
Councilmember Coleman once again cited State law but noted that it also allows the City to be more
restrictive. He suggested a determination be made that the City law is more restrictive than State law.
Ms. Palmer said the issue of whether the locking device complies with State law has been litigated and it
does not comply.
Councilmember Benanav moved to send the matter to an Administrative Law Judge hearing.
Motion failed Yeas - 3 Nays - 4 (Blakey, Coleman, Lantry, Reiter)
Additional discussion ensued. Eleni Skevas, Assistant City Attorney, advised the City Council that if it
is their will that they not enforce State law as written and if it is their will that what they are aiming for
is that the intent of the law be met by keeping children away with the locking device, a motion can be
made amending the resolution as follows:
Whereas, the intent of the law is being met and the risk of a child activating
the machine is very small; and
Whereas, the law is being substantially met by the locking device that is in place; Therefore be it
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 6 of 14
resolved that there is no violation.
Councilmember Coleman said he would add a specific finding that the Council finds that this is a more
restrictive regulation than putting the machine in a room not accessible to 18 year -olds.
Councilmember Coleman moved to lay over one week. A substitute resolution will be prepared.
Laid over to August 1 Yeas - 7 Nays - 0
FOR DISCUSSION
25. Resolution - 01 -530 - Changing the minimum qualifications of the titles /classes "Sewer Supervisor
11" and "Sewer Supervisor III." (Laid over from July 18)
Councilmember Lantry moved to lay over one week.
Laid over to August 1 Yeas - 7 Nays - 0
26. Resolution - 01 -706 - Authorizing the City to access the grant pool established by the State of
Minnesota to obtain TIF grant funding for pre- existing obligations which include eligible projects such
as US Bank and Centex. (Laid over from July 18)
Councilmember Coleman moved to introduce a substitute resolution and approval.
Substitute adopted Yeas - 7 Nays - 0
27. Consideration of the appeal of Michael Pfalz regarding the decision of the Board of Zoning Appeals
granting a front yard setback variance in order to construct a new single family home at 1236 Virginia
Street. (Public hearing held on July 11 and laid over from July 18)
Councilmember Reiter moved to deny the appeal.
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
28. Update by Jeff Nelson, Department of Planning and Economic Development, on the Cultural Star
Program.
Jeff Nelson, Director of Cultural Development, Department of Planning and Economic Development,
provided an update. He stated that St. Paul is uniquely gifted with cultural organizations. Based on the
most recent McKnight Foundation study, there are 600 non -profit arts organizations in the State of
Minnesota that have over $1 billion in economic impact. That includes about $455 million in direct
payments and money that comes in and out of those cultural organizations. The main share of state -wide
organizations are in the City of St. Paul which includes the Science Museum of Minnesota, the
Minnesota Museum of American Art, the Minnesota History Center, the Minnesota Children's Museum,
as well as many other organizations. If the cultural sector of the City of St. Paul was considered one
business, it would have 3,300 employees which would make it one of the largest employers in the City.
The impact of these organizations is quite clear. Arts organization in downtown St. Paul attract about 3
million visitors to the downtown area. They not only patronize the theaters but spend dollars at local
restaurants and stores.
When the Cultural Star Program was started seven years ago, the Legislature set aside 10% of the one -
half sales tax to go toward cultural projects. Applicants can apply in three distinct categories: 1) capital
projects which is investments in the cultural infrastructure of the City; 2) special projects which is where
investments are being made in new programs and helping to support the development of different
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 7 of 14
organizations in the City; and 3) loan program where organizations can apply for loans for either capital
or special projects. Applications are recommended to the Mayor and City Council by a nine member
Cultural Star Board which is both appointed as well as elected from the general public and
representatives of the arts community.
By State law, 80% of Cultural Star funds have to be spent at a designated cultural district. The City
Council has designated a cultural district which is basically the confines of downtown St. Paul. The
remaining 20% of the funds can be used outside of the cultural district but they are not required to be
spent outside of it.
Mr. Nelson outlined the criteria the STAR Board uses to recommend grants to the Mayor and City
Council. In total, the Cultural STAR program has invested over $7 million in projects that have helped
to strengthen the cultural infrastructure of St. Paul. PED is currently going through a major evaluation of
the program that will result in recommen- dations to the City Council prior to the 2002 granting cycle.
Councilmember Harris asked if people are required to have a financial need in order to receive STAR
money and, if not, whether the City Council is able to change that. Mr. Nelson said as the criteria
currently stand, they do not factor in need. Although, on occasion, the Cultural Star Board has used that
as one of their rationale in making certain recommendations. It is within the power of the City Council
and the Cultural STAR Board to change the criteria. Councilmember Harris said he felt the Council
should consider putting in a "statement of need" for this type of money.
Councilmember Harris also raised the issue of accessibility to all people and asked if the Cultural
District could include the entire City. Mr. Nelson said it was his understanding that State legislation only
requires the City Council to designate a cultural district. He would have to investigate whether it could
encompass the entire City. The Cultural STAR Board has often made recommendations of grants that
have been approved and have helped with accessibility.
Councilmember Benanav asked how many requests are received for Cultural STAR grants or loans
outside of downtown. Mr. Nelson responded that 56 applications were received this year. There is not
enough money to fund anyway near the number of applications that are worthy of this type of funding
and that is true in the neighborhoods as well as within the cultural district. He said he felt the program
could be more strategic in spending funds outside the district just by the nature of the close proximity of
organizations within downtown St. Paul.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
29. Second Reading - Ol -q-3-8- 739 - An ordinance memorializing City Council action granting the
application of W.R. Herman to rezone property at 1812 Portland Avenue from RT -1 (two family
residential district) to RT -2 (townhouse residential district) to allow conversion of a duplex to a triplex.
(Public Hearing held June 27)
Laid over to August 1 for third reading
1 • 1 - - „ -
._
fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 8 of 14
- An ordinance memorializing City Council
action granting the application of New York Bingo Palace, LLC to rezone property from P -1 to B -3 to
expand the existing building on the lot and to rezone from RT -2 to P -1 to provide parking for a new
restaurant and bingo facility at 626 and 608 York Street.
Laid over to August 1 for second reading
The meeting was recessed from 4:30 p.m. to 5:35 p.m.
Present - 5 Absent - 2 (Blakey, Coleman)
(Councilmember Blakey was excused from the meeting at this time)
PUBLIC HEARINGS
(Coleman arrived)
31. Third Reading - 01 -723 - Establishing the position titled Administrative Manager -Fire & Safety
Services Department as specified by Chapter 12 of the City Charter, Section
12.03.2(H).
No one appeared in opposition; Councilmember Reiter moved to close the public hearing.
Yeas - 6 Nays -0
Laid over to August 1 for final adoption
32. Resolution - 01 -727 - Concerning adverse action against the Cigarette /Tobacco License held by
Jade, Inc., dba Snelling I -94 Citgo, 326 Snelling Avenue North.
(Laid over from July 11)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), gave a staff report. The adverse action was based upon a failure of a
tobacco compliance check on April 25, 2001. It is a first violation for the store and the recommended
penalty in the penalty matrix of the Legislative Code is for a $200 fine. Citgo requested an opportunity
to appear before the Council to argue extenuating circumstances. They indicated in a letter that the day
prior to the compliance check they had been the victim of an armed robbery and they were upset about
the timing of the compliance check. Ms. Palmer said she explained to them that LISP would have no
reason to know about the robbery. Citgo thought it was the police who did the compliance checks.
Citgo also contended most people who are underage do not show an ID. Ms. Palmer raised concern that
people often show a fake ID and an establishment has an obligation to carefully look at them.
Ms. Palmer said that prior to the last round of compliance checks, the Licensing Division sent a letter to
all tobacco license holders in the City indicating that when compliance checks were done, Ids would be
shown. For all of the reasons listed, Ms. Palmer said she felt the $200 presumptive penalty is appropriate
in this instance.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
33. Resolution - 01 -758 - Concerning adverse action against the Firearms License held by Edwin
Timmers, Jr., dba East Side Gun Shop, 935 Arcade Street. (Laid over from July 11)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 9 of 14
Environmental Protection (LISP), reported that a notice of violation was sent to Mr. Timmers indicating
there were violations based upon his failure to be in compliance with Minnesota Rules which set
security standards for firearm dealers. The notice of violation outlines the alleged violation. The penalty
recommendation is for a 10 -day suspension of the license which would be stayed for 18 months on
condition that the licensee prove that the premises are in compliance within one week from passage of
this resolution, that there be no further violations in that 18 -month period, and that they pay a $2,000
fine.
Gregory Pennella, attorney for Mr. Timmers, appeared. He stated that throughout this process there has
been confusion as to what Mr. Timmers would have to do to comply with the requirements of the
regulations . Mr. Timmers initially had spent a lot of time contacting various City departments to find
out what he would have to do to comply. Since Mr. Pennella has been involved, he has been able to
discuss the matter with staff from the City Attorney's Office. The regulations allow for two separate
paths towards compliance. One is securing all the handguns inside the building after hours, and the other
is to fortify the building so no one can get in. Mr. Timmers has decided to pursue both paths. He has
already bought a safe for the display guns. Also, the regulations require that an alarm system be put in
that is wired directly to the police department and that has been done. He has put in a steel screen across
the front window and has a closed circuit TV monitor in order to see from the back room to the front. A
steel front door has also been ordered as required by the regulations. A steel gate will be installed for the
work room between the front shop area and the back work area. Mr. Timmers has an application with
the Department of Public Works to put barriers between the front building and the street as also required
by the regulations.
Mr. Pennella contended that Mr. Timmers is doing everything he can at this time to comply with the
requirements of the regulations and asked the Council to reduce the $2,000 fine as he is spending a lot of
money to come into compliance and he feels this is too much for a first offense. Mr. Pennella suggestion
was a requirement of future compliance and a 3 -day stayed suspension.
Councilmember Reiter moved to close the public hearing. Yeas - 6 Nays - 0
Council President Bostrom said there were issues with this matter and recommended it be laid over one
week for discussion.
Councilmember Lantry moved to lay over one week.
Laid over to August 1 Yeas - 6 Nays - 0
34. Resolution - 01 -759 - Concerning adverse action against all licenses held by James McMurray, dba
Jimmy Mac's, 756 Jackson Street.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections, and
Environmental Protection (LISP), stated the basis of the recommended adverse action was a failure to
have liquor liability insurance for the period of June 14 through July 3, 2001. Notice of violation was
hand delivered to the licensee on June 15, 2001, advising them to discontinue alcohol service until proof
of replacement coverage was shown. On June 18, a license inspector observed alcohol being sole at the
premises when there was no liquor liability insurance in force.
A notice of violation advised Mr. McMurray of the violations and further stated that there would be a
recommendation for the presumptive penalty of a ten day suspension if
he stopped serving alcohol but the recommendation would be for revocation if he continued to serve
alcohol.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 10 of 14
A license inspector went to the premises on June 28, 2001, and observed alcohol being sold while there
was no liquor liability insurance. Therefore, the recommendation for adverse action is revocation of the
license.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing.
Yeas - 6 Nays -0
Councilmember Reiter said he was very disappointed in the way Mr. McMurray handled this situation.
There had previously been many problems with this establishment and the McMurray's purchased it and
made some positive changes. He noted that Mr. McMurray does have insurance at this time.
Councilmember Reiter moved to impose a 30 -day suspension with 27 days stayed for 18 months on the
condition that there be no further violations during that period.
Adopted as amended Yeas - 6 Nays - 0
35. Public hearing to consider the report of the Administrative Law Judge concerning the Sign
Contractor's License held by Delite Outdoor Advertising, Inc., dba Delite Outdoor Advertising, Inc.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections, and
Environmental Protection (LISP), stated this matter was before the Council on the return of an
Administrative Law Judge (ALJ) report regarding recommended adverse action against the sign
contractors license held by Delite Outdoor Advertising. The ALJ report recommended that there be no
adverse action against the sign contractor's license based upon the findings and conclusions that there
were no violations of the Legislative Code.
The Office of LISP through the Zoning Division requested the Council adopt amended findings and
conclusions and that adverse action be imposed against the contractor's licensed. Ms. Palmer said she
has filed written exceptions and proposed amended findings and conclusions.
Ms. Palmer said that the two alleged violations arise from a sign at I -94 and Vandalia Street and one at
Pierce Butler Route. The sign at I -94 and Vandalia dates back to February 25, 1997, when Delite's
predecessor, Midwest Outdoor Advertising, applied for a permit to construct a billboard that was to be
37 feet above grade according to the permit, but also according to the permit, a total height of 37 feet.
The contention is that that sign was both built in violation of the permit which restricted it to a total
height of 37 feet and the Legislative Code which restricts billboards to 37 feet above grade. At that time,
the Legislative Code read from grade or surface of the roadway, whichever is higher. At issue at the
hearing was whether or not the Code provision was ambiguous, which roadway the measurement should
be taken from, and whether or not Delite could actually contest the ordinance because the matter had
never been contested by Midwest.
In April, 1997, a letter was sent to the president of Midwest telling them that the sign was not built in
accordance with the permit and that he could appeal. That was a subject of a finding by the
Administrative Law Judge that it was not a final determination and there was nothing for Midwest to
appeal from. Midwest never appealed LIEP's determination that the sign was illegally built. The matter
eventually came before the Council in a different forum when Midwest and Universal together decided
to apply for variances, the Planning Commission granted the variances, and St. Anthony Park
Community Council appealed the grant of the variances. The appeal was granted and he variances
denied.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 11 of 14
Since 1997 this sign has been considered by the Council to be illegal and in violation of the ordinances.
The second matter involving the sign at Pierce Butler Route which was repaired after some damage
which caused the sign face to detach. At issue is whether or not the repair required a permit. The AU
determined that no permit was necessary based upon her reading of the St. Paul Legislative Code,
Section 33 of Building Permits. An interpretation of Legislative Code Section 66 was argued by the City
which does require permits and, more importantly, presented testimony that the Licensing Division,
through the Zoning Office, had sent a letter to all sign companies within the City telling them that
permits were required for any work done on signs except for advertising content changes.
Ms. Palmer said it was her contention that the evidence would support the amended findings and
conclusions and she requested the Council to adopt those and authorize adverse action. The
recommended penalty would be suspension of the license until they have removed the sign at I -94 and
Vandalia.
Gary Van Cleve, attorney for Delite Outdoor Advertising, appeared. He urged the Council to examine
the report of the AU carefully and adopt the recommendation. He responded to a comment made by
Virginia Palmer that the original application for the Vandalia sign included some plan review comments
that the sign was to be no taller than 37 feet. He said there was no evidence that those comments were
ever communicated to the sign owner and the sign builder. Also, in the ALYs findings she indicated that
there were at least two inspections of this sign by City inspectors during the course of its
construction neither of which inspection resulted in any communication to the builder of the sign that it
was in any way violating City Code.
With respect to the Vandalia sign, the basic determination made by the AU is that the sign height
ordinance as it existed at that time was ambiguous. All it said at that time was that the height of signs
may be measured from grade or surface of the roadway whichever is higher. It did not indicate which
surface of roadway had to be used as the benchmark for that measurement. The City amended that
ordinance after the sign was constructed and the AU cited a couple different sources of law including
the City's own Code for concluding that the City could not retroactively apply that revised or amended
ordinance to this particular sign. He cited Section 66.301 of the Legislative Code which permits legal
non - conforming signs existing on the effective date of the chapter four amendments. The AU believed
that the subsequent amendments were clearly what was contemplated in the Code provision and that it
could not be applied retroactively to this particular sign. In addition, there is a State Statute that says
there cannot be retroactive applications of law unless clearly and manifestly intended by whatever
legislative body is enacting provisions.
The AU also cited a Minnesota Supreme Court case that says if there is an ambiguous ordinance it must
be construed in favor of the property owner. Putting all of those legal propositions in order together with
the body of evidence in this case, the AU concluded that there was no violation of the height ordinance
because it was undisputed that the sign was only 36.3 feet tall from the I -94 exit ramp surface. That is a
surface of roadway from which the measurement could be made under the ambiguous ordinance.
The AU also said that the City did not prove that there was any long- standing interpretation that
required the sign height to be measured from whatever road it was intended to be read. In support of that
conclusion the AU again pointed out that two City inspectors had been out there while that sign was
being built and neither one of them indicated that there was any violation. There was also compelling
evidence in the form of the immediately adjacent sign to the west of this sign which is no less than 80
feet tall and 65 feet from the surface of the I -94 entrance ramp to the top of the sign. There was no
evidence that there ever was any adverse action taken against that sign or that the City had ever issued
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 12 of 14
any notice that the sign had to come down. Therefore, the ALJ found that there was no evidence
sufficient to support the City's claim that there had been a long- standing and uniform interpretation of
this sign height ordinance.
Mr. Van Cleve asked the Council to read his objections to LIEP's written exceptions and his request to
adopt the report of the ALJ and also to take no action to the Vandalia sign based upon the reasons cited
The second issue relates to a sign on the Pierce Butler Route. In that case, Delite reattached an existing
sign panel after it was blown loose in a wind storm. The cost of the repair was $185. The City's building
code provisions state that no building permit is required for minor repairs less than $300 and that was
compelling to the ALJ and her recommendation that that minor repair did not require a permit and did
not necessitate any adverse action against the business license of Delite.
Brian Bates, Scenic Minnesota, appeared and urged the Council to take adverse action against Delite and
adopt LIEP's position. He said Scenic Minnesota has a history with the I -94 and Vandalia billboard.
They attempted to leave the City of St. Paul out of litigation and brought suit directly against Delite
awhile ago over the legality of the
board. The District Court found that Scenic Minnesota did not have standing to bring that suite. They
contend that the board is too tall. He also raised issue with the sign on Pierce Butler Route.
Councilmember Benanav moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Benanav moved to lay over one week.
Laid over to August 1 Yeas - 6 Nays - 0
36. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within
fifteen (15) days from adoption of resolution. (Laid over from June 27) (Legislative Hearing Officer
recommends laying over to the August 21, 2001, Legislative Hearing and to the September 5, 2001, City
Council Meeting.)
Gerry Strathman, Legislative Hearing Officer, reported that this property is in the process of being sold
to a party who intends to rehabilitate it. The purpose of the layover would be to allow the transaction to
be concluded and the new owner to post the required bonds before rehabilitation begins.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and lay over to
September 5.
Laid over to September 5 Yeas - 6 Nays - 0
37. Resolution - 01 -760 - Ordering the owner to remove or repair the property at 790 Selby Avenue
within 15 days from adoption of resolution. (Legislative Hearing Officer recommends granting the
owner six months to complete the rehabilitation of the property on condition that the owner applies for a
code compliance inspection by noon on July 25, 2001.)
Gerry Strathman, Legislative Hearing Officer, reported that this property has been vacant for 15 years. It
was sold at auction by Ramsey County and the buyer who has had the property for some time still has
not rehabilitated it. The owner, along with a representative from Ramsey County, appeared at the
Legislative Hearing and the owner said he was now prepared to rehabilitate the property and that he had
posted the $2,000 bond. However, he had not got the required code compliance inspection as he said he
was not aware he needed one. Mr. Strathman then advised him how to acquire one. As of this date the
owner still had not applied for a code compliance inspection but Mr. Strathman suggested a one week
layover to allow time to look into this matter.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 13 of 14
Councilmember Coleman moved to lay over one week.
Laid over to August 1 Yeas - 6 Nays - 0
38. Resolution - 01 -761 - Approving the petition of Katya Ricketts, East Side Neighborhood
Development Company, to vacate the alley abutting Jenks Avenue described as the east 20.00 feet of
Lot 4, Block 16, Arlington Hills Addition.
Peter White, Real Estate Division, appeared and requested this resolution be laid over to August 22 in
order to send out notices of the public hearing.
Councilmember Lantry moved to lay over to August 22.
Laid over to August 22 Yeas - 6 Nays - 0
(Councilmember Reiter was excused from the meeting at this point).
39. Final Order In Condemnation Proceedings - 01 -359 - In the matter of acquiring portions of Lots 4
through 9, Block 41, Lot 1, Block 46 and Lots 1 through 4 for property located in Rice & Irvine's
Addition for the improvement of the Science Museum of Minnesota. (File 418943E) (Laid over from
June 6)
Peter White, Real Estate Division, appeared and requested this Order be laid over to September 19 in
order to finish working out details with the railroad.
Councilmember Coleman moved to lay over to September 19.
Laid over to September 19 Yeas - 5 Nays - 0
40. Resolution Ratifying Assessment - 01 -516 - In the matter of summary abatements (property cleanup)
in August, September, October, November and /or December, 2000 (JO1 SUM) for property located at
916 Minnehaha Avenue East. (Laid over from June 27) (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
41. Resolution Ratifying Assessment - 01 -762 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (snow and /or ice removal) at 1002 Carroll Avenue (JO I SNOW I),
demolition of vacant building at 1093 Seventh Street West /520 Bay Street (J0102C1), boarding -up of
building at 664 Edmund Avenue and 729 Edmund Avenue (J0102BB), and summary abatement
(property clean -up) at 729 Edmund Avenue (J0103AA). (Laid over from June 27) (Legislative Hearing
Officer recommends approval of the assessments, with the following exception: 1002 Carroll Avenue -
delete the assessment)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval as amended.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays -0
42. Resolution Ratifying Assessment - 01 -764 - In the matter of summary abatements (property clean-
up) in April and May, 2001 (J0104A); demolition of buildings in April and May, 2001 (J0103C);
boarding -up vacant buildings in March and April, 2001 (JO 103B); and towing abandoned vehicles from
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010
Page 14 of 14
private property in January, 2001 (J0104V). (Legislative Hearing Officer recommends approval of the
assessments, with the exception of the following:
916 Minnehaha Avenue East (J0104V) - reduce the assessment to $500 plus the $45 service fee for a
total assessment of $545.
597 Blair Avenue (J0104A) - delete the assessment.
1660 Dayton Avenue (J0104A) - delete the assessment
122 Lyton Place (J0104V) - delete the assessment.
515 Nevada Avenue East (J0104A) - reduce the assessment to $250 plus the $45 service fee for a total
assessment of $295.
1744 Carroll Avenue (J0104A) - delete the assessment.
1075 Portland Avenue (JO 104A) - lay over to the July 24, 2001, Legislative Hearing and the August 1,
2001, City Council Meeting)
The following address were also considered at the meeting and action taken as noted.
330 Toronto Street (J0104A) - delete the assessment.
381 University Avenue West (J0103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting.
387 University Avenue West (J0103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting.
718 Thomas Avenue (J0104A) - approve the assessment.
(Coleman left)
Councilmember Lantry moved approval as amended.
Adopted as amended (including the recommendations of the Legislative Hearing Officer and additional
amendments by the Council)
Yeas - 4 Nays - 0 (Coleman not present for vote)
The Council requested an update from Chief William Finney, Police Department, at the City Council
meeting on August 1, 2001, regarding the incident that occurred downtown as part of the Rondo Days
Celebration
The Council requested an update from the Department of Public Works on the implementation of the
newsrack ordinance at the Council meeting on August 1, 2001.
Councilmember Benanav moved to adjourn the meeting. Yeas - 4 Nays - 0
ADJOURNED AT 6:30 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson August 8, 2001
Assistant Council Secretary
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162201\Approved ... 12/15/2010