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241006 Ori¢inal to C�ty Clerk , A ' '� ? ��- � O 'RDINANCE �1 COUNCIL FILE NO `a`7� � � � PRESENTED BY ORDINANCE NO 1 . An. ordinance pertaining to junk yards and . junk dealers , motor vehicle salvage dealers , and scrap and metal processors , providing for the licensing and regulation thereof, an.d amending Chapters 341 and 343 of the St. Paul Legislative Code . THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: - Section 1. That Chapter 341 of the St. Paul Legislative Code is hereby amended by striking the same in its entirety and substituting in lieu thereof the following: 341.01. DEFINITIONS. For purposes of this ordinance, the term-- � � • "Person" includes natural person, firm, partnership, , corporation, or association; "Junk_��includes all waste material capable of being � used in whole or in part, except materials held on the premises. . of a manufacturer or scrap metal processor for use in his 4 business , and egcept motor vehicles and the parts thereof; "Junkyard" means any premises containing junk, e�cept a landfill operated pursuant to Chapter 321 of this Code , ± a portion of the premises of a manufacturing establishment whereupon are -kept=---�tbce°�°�w�aste-�o-r-�ygr�d°ac�t�sro�"'such}manufacture prior to disposal, or the premises of a scrap metal processor or motor vehicle salvage dealer; ` � � -� ' "Junk dealer" means any person who operates a junk yard for profit, whether or not the profits are to be devoted to charity; "Motor vehicle salvage dealer" means any person engaged in the business of obtaining used motor vehicles to salvage and sell usable parts therefrom and who maintains a gremises upon which to accumulate ' and dismantle such= vehicles . An.y person who allows more than one, vehicle to be dismantled � in whole or in part on his premises in any sig-month period, or who allows any partially dismantled vehicle to remain on his premises for more than 30 days i;s� a motor vehicle salvage dealer, unless he is licensed as a repair garage under Chapter 345 of this Code or as a scrap metal processor; '"Scrap metal processor" means any person who obtainsii�+ stores , and processes scrap iron and other metals in.to raw , materials for remelting, and whose principal product at any `s � place of business is ferrous and nonferrous scrap for shipment . � . . ..., . .. , . . Yeas Councilmen Nays Passed by the Council Carlson . • . Dalglish " _ � Tn Favor Meredith � , ' _ Peterson � A gainst Sprafka � - Tedesco Mr. President (Byrne) ' , Approved: Attest: " ' City Clerk Iayor �O -��". Form approved Corporation Counsel By . S✓�n11 TT E P 6/�']��b� �� ' ' - 2 " . , - 2 ,1� Q a � 7 . � _ � . , Page 2. � I _ . 1 to steel mills , foundries , smelters, and refineries , and who has a place of business in St. Paul with facilities and machines for such processing; _ . "Business premises" or ��premises" means the property used or to _be used ,by a junk dealer, motor vehicle salvage dealer , or scrap metal processor in the course of his licensed business , and described in the application for license and license required by �this chapter. � _ � 341.02. LICENSE. Any person desiring to carry on the business of junk dealer , motor vehicle salvage dealer , or scrap metal processor on any property located in St. Paul shall, prior to engaging��in such business , obtain a license therefor from the Council as provided herein. 341.03. APPLICATION. An applicant for an initial license under this chapter.� shall file with the Clerk a written application signed by himself, if an individual , by all part- ners, if a partnership, o�r by the president or chief executive � officer, i� a corporation, upon forms provided by the City. The application shall be signed under oath and shall contain the following: (1) Name , residence , and telephone number of every person having an interest in the business in egcess of 10°fo ownership. . (2) The trade name and address of the business on behalf of which the application is made an d its telephone number. ' (3) Egact address and property description of the premises in St. Paul where any part of the business is to � be carried on, together with a diagram of the premises show- ing with exactness the ' location of abutting roads , properties , buildings , and uses , and the location, material , and desig�n,r of all buildings to be used in the licensed business , incltid- ing structures required hereunder. (4) Such other information as the Clerk may reasonably require to assist the Council . . _ 341. 04. INVESTIGATION. Upon receipt of an ini'tial application the Clerk shall forward it to the City Planning Board, City Architect, Fire Chief, Health Officer, License Inspector, and the Commissioner of Public Utilities, who ` shall cause due investigation to be made and shall make report to the Council within thirty days , through the License Inspector . � . , . • • . � . . . . _� - 341.05 . HEARING.; Upon receipt of the report of the __ . License Inspector the Council shall set a hearing on the application, not less than two weeks hence, at which in.ter- ested parties shall be heard. Following hearing, the Council may issue a license if it finds the proposed business and its location are in accord with the public interest. 341. 06. LICENSE REGULATIONS . Every licensee shall comply with the following conditions : � � 1-t1�9 � � ' ;Page 3. �l) The license required hereunder must be prominently I� displayed on the business premises ; � f 1 (2) The premises shall be maintained in a clean and orderly condition, free of rats and other vermin, and free of standing water; �3) A separate license shall be held for each business premises within the city of S�,int Paul, and no activity re- quired to be licensed hereunder shall be conducted except upon premises described in a license, other than necessary transport of materials to or from licensed premises ; �4) Weeds on the premises shall be kept cut to a height of not more than four inches ; �5) No fire hazards shall exist on the premises ; �6) No unreasonably noisy activity shall be carried on; �7) No odoriferous waste nor material likely to ` attract vermin shall be kept on the premises ; ; ($) No material used in the business shall rest on or protrude on any public property, or be permitted to be blown off the business premises ; �9) The business premises shall be enclosed caith an opaque, vertical fence or wall maintained in good condition and not less than six -�6)' feet in height along any side which can be seen from an automobi].e traveling an immediately ad�a- - cent controlled access highway or through highway or which abuts �- , residential buildings, residential property or property whose ' use district classification is anything other than light or heavy industry, except that the �ounc�� may waive the requ3:re- ment for such fence or wall or reduce the height of same where a plan approved by the City Architect providing for a tree planting and landscaping program is carried out which will � effectively screen the premises from public view. �10) No licensee shall cause or permit any open burn- ing of any materials on any business premises except between the hours of 5:00 A.M. and 9:00 A,M. From an� after Janu�ry . l, 1971, no licensee shall cause or permit any open burning of materials on any business premises , except that the �ommissioner of Public Utilities , upon a showing that the licensee has good faith plans to convert to a process which will make burning unnecessary, and cannot for some specified reason make such conversion prior to January l, 1971,may grant a special permit to burn during the hours aforesaid which must be renewed each sixty days after review by the staff of the Depaatment of Public Utilities. No such per- mit shall extend beyond the time fixed by the State Pollution �'ontrol Agency f or the cessation of burning • b� the licensee;� (11) No licensee shall receive any material for use in the licensed business from any person under the age of 18 years without the written consent of the parent or guardian of such person, which shall be kept on file by _the licensee for at least one year. �12) Any licensee shall be sub�ect to reasonable inspection at re�.sonable times by proper city officials as in the case of other licensed businesses . , `' ,J • ,• � � . i ., /C-�l 1� Q � �. ' _ � � � I �' � Page 4. (13) Licenses issued hereunder shall not be transferable . I 341. 07 . RENEWAL, REVOCATION AND SUSPENSION. Any person to whom an initial license has been issued hereunder may obtain renewal thereof by filing an application with the City Clerk indicating any changes in the material submitted with the initial application. The Clerk shall circularize the application to those offici.als who review initial appli— cations and the license shall be granted of eourse by the Council unless , in its judgment, reports from city agencies or from the public demand a formal hearing be held. Any appl�cation hereunder from a person holding a license under St. aul Legislative Code , Chapter 341 or 343, as of the effective date of this ordinance, with respect to an existing premises , shall be treated as a renewal provided the licensee agrees to abide by the terms of this ordinance within ninety days , but no initial - licenses shall be granted hereunder for other .premises except in light and_ heavy industrial districts . . _ i The Council may revoke , suspend, or refuse to renew ' the license of any person hereunder for any v.iolation of this or any other ordinance of the city, or of any statute �or regulation of the State of Minnesota or agency thereof. - 341. 08. LICENSE, FEE, � TERM. The term of any License � ' hereunder 'shall be for one year from and after the date of ' " issuance. Prior to receipt of any license or renewal thereof the licensee or applicant shall deposit a �fee of � 200•°� Section 2. PENALTY. _ An.y person `violating any pro— �_� __ vision of this ordinaricehshallaeb,e,ugui��l�ty of a misdemeanor. -- -� _. _,,. , Section 3. St. Paul Legislative Code, Section 343.07 , is amendecl by striking all material from (5) through the end of said section 343. 07, inclusive, and inserting in lieu -� thereof the following: � - (5) The re quirements of this secti on shall not apply to premises upon which vehicles are accumulated and dismantled. Such premises , and the person.s engaged in business thereon, shall be licensed as provided in Chapter 341 as motor vehicle sal vage dealers . � ` , Section 4. SEVER.ABILITY. The provisions of this ordinaazce are severable , and if any part shall be he,ld • invalid, such holding shall not affect other portions of the ordinance as are capable of enforcement without the invalidated portion: c i ^. Section 5 . EFFECTIVE DATE. This ordii.nance shall � take effect and be in force thirty days aYter its .passage, approval and publicati on. � , .. � , i I � , I • . I . 1 r } � � 6�N�b9 . . • Ori¢inal to Cit;Clerk , � - ��=� � - O�RDINANCE � � � COUNCIL FILE NO � � b PRESENTED BY ORDINANCE NO.— Page 5. Section 6. This ordinance shall be deemed a part of the St. Paul Legislative Code and shall be incorporated � therein and given an appropriate chap(ter and�or section number at the time of the next revisi�:on of said Legislative Code. i � , � a JUN 2 0 1969 Yeas Councilmen Nays Passed by the Council Carlson Mer� �,.` n Favor �Q Peterson �J �� A gainst Sprafka Tedesco Mr. President (B ne) JI�N 2 0 1969 App ed: A st• � . � . �' � r � C' Cl rk � ' Mayor �O i � i '� Form approved Corporation Counsel By , - � � I�o�[r��rE� JUN 2 8 1�� ' 6�41d9 � . ._ � - - 2 ,�� o o � ; page" 3, _ � t . � � , (1) The license required hereunder must be prominently displayed on the business prem�lses ; � ' (2) The premises shall be m intained in a clean and orde�ly c:o.ndition, free of rats. and other vermin, and free of st�.�ding water; � ("j� A separate license shall be eld for each business premises w�.�hin the city of Saint Paul , d no activity re- quired to be�icensed hereunder shall be onducted except upon premis.e:s escribed in a license , othe than necessary transport of mai�.erials to or from licensed remises ; � (4) Weed's o \the premises shall be ke t cut to a height of not more th�an four inches ; � (5 ) No fire hazar s shaTl exist on the p emises ; (6) No unreasonably oisy activity shall be carried on; � � (�7) No odoriferous waste nor material likely to -_.._-. . � ' _ __f.�r.s^e�m i o� • r' �(9) The liusiness premises shall. be enclosed with an opaque, vertical fence or wa11 ma3ntained 3:n good condition and not less than six 6 feet in he3�ht along any s� e which ca.n be seen from an auto- � mobile t eling an immediately aci�jae controlled access highway or ' through hi or which abuts residenti buildings, resident3.al pro- � perty or proper hose use district classi cation is ar�ything other than light or heavy dustry, except that the uncil may waive the requirement for such f ce or wall or reduce the eight of same where a plan approved by the Ci Architect providing for tree ple,nting and landscaping program�is c ried out which will e tively screen the premises from public v3.ew. . � wi �I-m�e rng-��.v: reason make su conversion pri r to January 1, 1g , ma grant a special ermit to burn d ring the hours aforesaid which must be ren wed each sixty ays after review by the staff of the Depar � ent of Public tilities . No such per- mit shall extend be nd the time fi ed by the State Pollution Control Age cy for- the ces ation of buriiiiigig by the licensee; ' , � � (11) No licensee �all receive a y material for use in the licensed business om any perso under the age of 18 years without the writt� consent of e parent or guardian �of such person, whic\h shall be k pt on file by the licensee for at least one year. � " < " � , � (12) Any licensee shall be subject t � reasonable i.n.spection at reasonable times by proper cit� officials as in the case of other licensed businesses . �s - i � . ' �1�1�9 - � � � Ori¢inal to City Clerk r- . �-�'� ORDINANCE ��Ga� . COUNCIL FILE NO- PRESENTED BY / ORDINANCE NO- An Ordinance pertaining to Junk Yards �nd Ju.nk Dealers and Amending Chapter 341 � o the Saint Paul Legislative Code. . � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . That Chapter 341 of the Saint Paul Legislative Code is hereby a.men.ded by striking the same in its entirety and substituting in plac\ and in lieu thereof the following language. 341 .01 . DEFINITZONS. Except where otherwise indicated by the contegt, the following definitions shall apply in the inter- pretation and enforcement of this ordinance: (1) "Person"� hall mean any person, firm, part- nership, association, corporation, company or organization of any ki ��. (2) "Junk" shall mean old iron, steel , brass, copper, tin, lead, or oth�.r base metals; old cordage, ropes, rags, fibers, or f a � rics; old rubber, wastepaper -~ and other waste or discarde � material which might be pre- pared to be used again in so e form; and an.y or all of the foregoing; and motor vehi�les, appliances a.nd other machines and apparatus, no lon er used as such, to be used for scrap metal or strippi • g of parts; but "junk" shall not include materials or o jects accumulated by a person as by-products, waste, or craps from the opera- tion of his own business or materi ls or objects held . a.n.d used by a manufacturer or scra� a.n.d metal processor as an integral part of his own. ma.n.0 acturing or process- ing operation. (3) "Junkyard" shall mean a ya �d., lot, or place , - covered or uncovered, outdoors or in �' enclosed build- ing, containing jun.k as defined above, on which occurs one or more acts of buying, keeping, dis an.tling, pro- cessing, selling, ; or offering for sale a.n. such junk, in whole units or' by parts, for a busines or commercial purpose , whether or not the proceeds from uch act or acts are to be used for charity. (4) "Jun.k dealer" shall mean a person who operates a ju.n.kyard, as defined above, within the City of Saint . P aul . --z �, L I � Yeas Councilmen . , Nays Passed by the Counci Carlson Dalgliah � Meredith :��•.� In vor Peterson � �. - Sprafka ��`` , Against Tedesco , � Mr. President (Byrne) Approved• Attest: ��, � � , . _ � � r City Clerk y :��. Mayor - �o - .�.� Form approved Corporation Counsel By � � � . � �� . � . -- � - � ' � • � ' 2 . (5) "Scrap and Metal Processor" shall mean any �p`erson who purchases, stores and processes scrap iron and metals for the specific purpose of processing into ra� materials for remelting only, and whose principal product is ferrous and non-ferrous scrap for shipment to steel mills , foundries , smelters and refineries, and who maintains an established place of business in the Ci�t\y of Saint Paul having facilities and machines designe for such processing. (6) "Business premises" or "premises" shall mean the area of�a junkyard°rscrap and metal processing bus- iness as des`ribed in the license or application for license , as p\ovided for in this chapter. 341 .02 . LICENS�E REQUIRED. Subdivision l . It shall be un- lawful for any person�to act as a junk dealer in the City of Saint Paul whether personally, by agents or employees, singly, or along with some othe�r business or enterprise , without first having obtained a licens�`� therefor from the City Council in accordance with the provisions of this chapter. A junk dealer who operates more than one'�junkyard within the city shall be re- quired to have in effect a separate license for each yard. Subd. 2 . It shall be un�awful for any person to engage in .� business in. the City of Saint •aul as a 'Scrap and metal proces- sor" as herein defined without irst having obtained a license therefor from the City Council i < accordance with the provisions of this chapter. 341 .03. Subd. 1 . A Board of nvestigators consisting of the City Flealth Officer, the Fire Ch' ef, the City License In- spector, and the City Axchitect or th ir appointed representa- tives is hereby created. ' Except where otherwise provided, a majorit 'y,• of the members of the Board sh . 11 constitute a quorum. The Board shall elect a chairman, appoin a secretary for itself from among the employees of the City, ado t its own procedural • rules , and keep a record of its proceedin and transactions. � Subd. 2 . It is hereby made the duty o said Board to en- force , or aid in the enforcement of all prov sions of this chapter, and for this purpose any of the above members of the Board, or their duly authorized representatives, shall h ve the right and are hereby empowered to enter upon any premises on which any bus- iness subject to the provisions of 'this chapter ' s located, or j,a.bout to be located, and inspect the same at any reasonable time . $w��kl�sr�rx�mia��g�ttiqXx*�c�t��r��}��r4xg�z�,�-X��Tx��L7e1��7�x • 3�R�l�XR�FYiS��g$�g�'�CY��l��i8FX�7PiSdY%t�}�L�X�i1�RXYlO'X�ZI.T�T�R�� X��Q�g x�� xX�Y��zx��x�iax�x��a�#�gy ' � 341 .04. APPLICATION. An applicant for license under this chapter shall file with the License Inspector a writt�n applica- tion signed by himself, if an individual , by all partn�ers, if a _ � i i ( `, I I ; - , � . ' . _ I • . ' _ . � � • • � ��v� 3 . partnership , and by the president or chief officer of a corpora- tion or other organization, upon forms provided by the License Inspect.or, together with the fee as hereinafter prescribed. The applica�' on shall be sworn to by each of its signers before a notary p�lic or other officer authorized by law• to administer oaths and hall include the following information or material: ( Name , residence address, and telephone number. of each iendividual owner, partner, or, if a corporation � ' or other ��ganization, each officer and director. , (2) �ade names used during the previous five years by the �applicant and each person signing the application, a;long with the locations of prior estab- lishments . � (3) Names and addresses of employers of each per- son signing the a�r lication during the previous• five years . � (4) The trade ame and address of the business on behalf of which� app ication is made and its tele- phone number. : (5) The name , resi ence address, and telephone number of each person empl Qyed or intended to be em- ployed in the business as o� the time the application is filed. � (6) Exact address or lo ation �of the place where ' the business is or is proposed to be carried on, plus a sketch of the actual premises to be used in connec- tion with the business , giving d tances in feet and show_= ing adjoining roads, property lin s , buildings , and uses . (7) A description of the mat rials with which any buildings to be used in connection w2th the licensed business are , or are to be made; a s�`�tch giving dis- tances , showing the location of such b�ildin.gs on the business premises; ' and a diagram or plan giving dis- tances and heights, showing 'floors , exi s , entrances , windows , ventilators , and walls. (8) Such other information as the B�ard of Investigators shall find reasonably necessa��ry to effec- tuate the purposes of this chapter and to a rive at a f air determination � of whether the terms of �is chapter have been complied �with. � 341 .05 . INVESTIGATION: APPROVAL AND ISSUANCE OF LICENSE; i JUNK DEALERS. Subd. 1 . Upon receipt of an appT�ication for ayjunk dealer ' s license or scrap and metal processor ' sr license , as provided for herein, the License Inspector shall ca�se an , , �� t � � � . . � f - � '� <. � . 4. investigation to be made of the applicant ' s business responsi- bility and moral character. The proposed or existing premises and equipment with which the business is being or is to be oper- ated shall be inspected by the City Architect , the Fire Chief and the � ity Health Officer or their duly appointed representatives. Su d. 2 . The License Inspector shall approve the applica- tion onl if he finds that the applicant ' s business responsibil- ity and mo al character are satisfactory and that all agents or officers of applicant ,� if any, who will take part in the operation of such busi ess are of good character and reputation and capable of operating e business in a man.ner consistent with public health, safety, �and good morals. Subd. 3. Th City Architect shall approve the application only if he finds t t any proposed or existing buildings or equip- ment with which the usiness is being or is to be operated conform � to the requirements o the Building Code , the Zoning Code and the requirements of this c apter. Subd. 4. The City alth Officer shall approve the applica- tion only if he finds that the��proposed or existing premises and equipment con.form to the re , uirements of this chapter and all applicable health laws . Subd. 5 . The Fire Chief all approve the application only if he finds that the proposed or existing premises and equipment conform to the requirements of th' s chapter and all applicable fire-prevention laws . Subd. 6. If any of the finding provided for in subdivisions � 2 , 3, 4 and 5 above are unfavorable t the applicant , the License Inspector shall, within thirty days af r the filing of the appli- cation, notify the applicant that his ap lication is disapproved and that no license will be issued. Upon request , he shall furn- ish the applicant with a b'rTef written sta ement of the grounds upon which the application was disapproved. If the findings in subdivisions 2 , 3, 4 and 5 above are favorab e to the applicant, the City Council may issue a license to the a plicant. Subd. �7. The license as issued shall bear he following language on its face : '"IMPORTANT This license applies only to the premises indicated herein and authorizes the icensee to oper- • ate a junkyard (or scrap and metal processing busin ss) in a lawful place and manner only; it is not a substitute for a y certificate of occupancy, building ;permit , or other certificate �Or permit that might be required by law of the licensee , and it doe not relieve the licensee of the responsibility to have all such r quired per- mits or certificates at all times and comply with all aws affecting the above-described business. " � Subd. 8. The License Inspector shall keep a permane�nt record of all applications filed and all licenses issued in accordance with this section. , ti , ' ,-, �- I �� 5 . 341 .06. LICENSE FEES. The annual fee to be paid for any license or renewal license issued hereunder shall be �200 .00 in the cas of junk dealers and �100.00 in the case of scrap and metal pr cessors . 341 . �. LICENSE NOT TRANSFERABLE. No license issued under this chapt shall be transferred or assigned or used by any per- son other t an the one to whom it was issued, and no license shall be use at any l�ocation other than the one described in the application u \n which it was issued. 3 41 .08. GF�RAL OPERATING REQUIREMENTS. Subd. 1 . The fol- lowing general o erating requirements shall apply to all dealers licensed in accor nce with the provisions of this chapter: (1) The icense issued pursuant to this chapter shall be plainl displayed on the business premises. (2) The pre ises , together with things kept therein, shall at a 1 times be maintained in a sani- tary ,condition. � (3) No space no covered by the license shall be used in the licensed business. (4) No water shall be allowed to stand in any place on the premises in s ch manner as to afford a breeding place for mosquito s. (5) Weeds and vegetati on the premises , other than trees , shall be kep at a height of not more than f our inche s .t (6) No combustible materia of any kind not necessary or beneficial to the lic nsed business shall be kept on the premises; nor shall he premises be allowed to become` a fire hazard. (7) No junk or other material s � all be burned on the premises. (8) No noisy activity shall be car,ried on in connection with the licensed business on S�ndays, Holidays or at any time between the hours f 6:00 p.m. and '7:00 a m. � In addition to the r-equirements in Subd. -1 , the Subd. 2 . following. requirements shall apply o junk dealers: � � (1) No garbage or other waste liable to ive off a foul odor or attract vermin shall be kept�on the premises, nor shall any refuse of any kind be kept on the premises , unless such refuse is junk as defined herein and is in use in the licensed business. (2) No junk shall be allowed to rest upon or protrude over any public street, walkway, or curb or become scattered or blown off the business premises . i '� �1 i .'� .•' � � , : I � ? � 6. f 3 Junk shall� be stored in iles not exceedin � � � P g ten feet in height and shall be arranged so as to per- mit asy access to all such junk for firefighting purpo es. � ( ) Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises. � (5) The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances an exits , with an opaque , vertical wall or fence of a mi imum height of 10 feet' measured from ground level . ntrances and exi�s shall not be wider or more� numerou than reasonably necessary for the con- duct of the lice sed business . (6)�he lice� see shall permit inspection of the , business premises b any authorized inspector or police officer at an,y reasonable time . (7) No junk deal r licensed hereunder or his agent or employee shall urchase or receive any junk for use in the licensed b�a.siness from any person under the age of 21 years withou the written consent of a parent or guardian. of such � erson. Such. writing shall be held available for inspec ion by any authorized in- spector or police officer for a period of at least one year. (8) Each acquisition of j � nk shall be recorded in English in a permanent type re ister kept on the business premises , giving the name and residence address of the person from whom the acquisi ion was made , a description of the junk acquired, and the date of the transaction. Such date shall be hel�.�available for in- spection by any authorized inspector o� po�ice officer for a period of at least one year. (9) No junkyard shall be allowed to become a nuisance ; nor shall any junkyard be opera ed in such manner as to become injurious to the healt , safety, or welfare of the community or of any resi ;ents close by. ' 341 .09. INSPECTIONS. The Fiealth Officer, Ci y Architect , Fire Chief or their duly authorized representatives , shall - in- spect the junkyards of all junk dealers licensed unc�,er this chapter at least once' a year to determine whether such yax�:ds are being operated in accordance with the provisions of this chapter and other applicable provisions of law. � � 341 .10. REVOCATION AND SUSPENSION. When the Coun.ell deter- �-_ mines that the public interest so requires , it shall rev�,oke or suspend the license of any junk dealer or. scrap and metal. proces- sor when it finds , after due investigation, that: � � � � ' f i � � l i Od¢Inal to C9ty Clerk 5s ,.4, ' ' ��l.J l.�� - ORDINANCE COUNCIL FILE NO ' I � PRESENTED BY i ORDINANCE NO- — 7. (1) The licensee or a.ny agent or officer of s h licensee who takes part in the operation of the lic nsed business is not of good character or reputation, or i not capable of operating the licensed business or carryi�g on the li�censed activity in a manner consistent with pu lic health, safety, and good morals; or (2) The licensee has failed to comply with the provisions of this ordinance or any provision of law applicable o the premises, equipment, or operation of the licensed business; or (3) The lic�ensee has obtained his license through any fraud or mis'� tatement; or (4) The lic �sed business or activity is being conducted in a man.ne,�r detrimental to the health, safety, or general welfare o�the public, or is a nuisance , or is being operated or c rried on in any unlawful manner; or (5) The licensed b siness or activity is no longer being operated or carried � n. Section 2. COMPLIANCE. An.y erson acting as a junk dealer or scrap and metal processor within the City on the effective date of this ordina.n.ce shall, have a peri�dd of ninety days after such effective date to comply with provis ons of this ordinance. � Section 3. PENALTIES. Any person convicted of violating any of the provisions of this ordinance may�be fined in an amount n.ot to exceed �100.00 or imprisoned for a period of time not to exceed 90 days. Section 4. The various provisions of his ordinance shall be severable, a.n.d if a.n.y part oi provision shal be held to be inval- id, it shall not be held to invalidate any ot , er part o "r provision thereof. Section 5 . This ordina,nce shall take effec� and be in force thirty (30) days from a.n.d after its passage , appr�oval and publication. Yeas Councilmen Nays Passed by the Council Carlson Dalglish T� Favor Meredith Peterson Against Sprafka • Tedesco � Mr. President (Byrne) Approved• Attest: � City Clerk Mayor �O ; Form approved Corporation Counsel By I Ori�Inal to,tiity Clerk � � / !'`'% , ' �� -�r`��- - ORDINANCE COUNCIL FILE NO /' • PRESENTED BY �� ORDINANCE NO An ordinance pertaining to Junk Yards and . Junk Dealers, Used Motor Vehicle Parts Dealers and Scrap Metal Processors and � Amending Chapter 341 of the Saint Paul Legislatine Code. THE CO CIL OF '1'HE CITY OF SAINT PAUL DOES ORDAIN: Sect�on 1. That Chapter 341 of �the Saint Paul Legislative Code is hereby amended by striking the same in its entirety and substituting in place and in lieu thereof the following language. 341.01. EFINITIODTS. Except where otherwise indicated by the context, th�following definitions shall apply in the inter- pretation and en� � rcement of this ordinance: (1) "Per on" shall mean any person, firm, partnership, as ociation, corporation, company or organization of � y kind. (2) "Junk" sh 11 mean old iron, steel, brass, copper, tin, lead, o other base metals, old cordage, �� `�' ropes, rags, fibers, •r fabrics; old rubber, wastepaper and other waste or dis arded material �vhich might be pre- pared to be used again n some form; and any or all of the foregoing; appliance and other machines and apparatus, �. no longer used as such, t be used for scrap metal or � stripping of parts; but "j k" shall not include materials or objects accumulated by a erson as by-products, waste, � or scraps from the operation of his own business or materials or objects held and used by a anufacturer or scrap and metal processor as an integral part f his own manufacturing or processing operation, or wrecke motor vehicles and the parts therefrom. _ry (3) "Junkyard" shall mean a ard, lot, or place, conered or uncovered, outdoors or i � an enclosed building, - containing junk as defined above, up• n which occurs one or more acts of buying, keeping, dismant ing, processing, selling, or offeri.ng for sale any such junk, in whole units - or by parts, for a business or commerci 1 purpose, whether or not the proceeds from such act or ac are to be used for charity. � (4) "Junk Dealer" shall mean a person who operates a junkyard, as defined above, within the City�of Saint Paul. , Yeas Councilmen Nays Passed by the Council � Carlson Dalglish " Meredith Tn Favor Peterson - Against Sprafka Tedesco � Mr. President (Byrne) Approved: Attest: City Clerk Mayor �� ' Form approved Corporation Counsel By e��/ � 1, � 1�� , I • � . �. . . I � r i 2. , 1 (5) "Motor Vehicle Salvage Dealer" shall mean a person who is engaged in the business of buying wrecked or damaged motor vehicles not repairable as such for the purpose of salvaging useable parts therefrom for resale and who maintains a yard or lo for the purpose of accumulating said wrecked or aged motor vehicles. , For the purposes of this rdinance, any person who allows more than one partia ly dismantled, nonoperating, wrecked, junked or disc rded vehicle to remain, except in an enclosed building or other, structure, for more than 30 days on property owned or under his control shall be deemed to be a motor vehicle salvage dealer. (6) "Sc ap and Metal Processor" shall mean any person who pur�hases, stores and processes scrap iron and metals for the ecific purposes of processing into raw materials for re elting only, and whose principal product is ferrous and no -ferrous scrap for shipment to steel mills, foundries, smelter and refineries, and who maintains an established place o business in the City of Saint Paul having facilities and machines designed for such processing. (7) "Business Pre ises" or "Premises" shall mean the area of a junkyard, otor vehicle salvage or scrap and metal processing busi ess as described in the license or application for license, as provided for in this chapter. 341.02. LICENSE �REQUIRED. t shall be unlawful for any person to act as a junk dealer, sc p and metal processor or motor vehicle salvage dealer in the City Saint Paul whether personally, by agents or employees, singly, or ai ng with some other business or enterprise, without first having o ained a license therefor from the City Council in accordance with the provisions of this chapter. A person who operatesla business within the City at more than one location shall be required to have in ef ct a s�separate license for each location. � � . ; 341.03. Subd. l. A Board of Investigators consisting of the Commissioner of Public Utilities, the Ci .y Health Officer, the Fire Chief, the City License Inspector, ar�d the City Architect or their appointed representatives is hereby cr�eated. Except where otherwise provided, a majority of the members of� the Board shall con- stitute a quorum. The Board shall elect a chairman, appoint a sec- retary for itself from among the employees of the\City, adopt its own procedural rules, and keep a record of its proceedings and transactions. � Subd. 2. It is �hereby made the duty of said Board to en- force, or aid in the enforcement of all provisions of this chapter, and for this purpose any of the above members of the Board, or + r , ' • , i � � I 3. I thei duly authorized representatives, shall have the right and are h reby empowered to �enter upon any premises on which any busine subject to the provisions of this chapter is located, or abou to be located, and inspect the same at any reasonable ti.me. 341.04. APPLICATION. An applicant for license under this chapter shall file with� the License Inspector a written application signed by hims lf, if an indinidual, by all partners, if a partnership, and by the pres�'dent or chief officer of a corporation or other organ- ization, upon for�ms provided by the License Inspector, together with the fee as hereinafter prescribed. The application shall be sworn to by each of its � igners before a notary public or other officer authorized by law t administer oaths and shall include the following information or mater 1: ; (1) Name, r idence address, and telephone number of each ind�yidual owner, partner, or, if a corporation or oth�er organization, each officer and director. , - (2) Trade names u ed during the previous fine years by the applicant a d each person signing the application, along with t e locations of prior estab- lishments. � (3) Names and addresse of employers of each person sign�J the application durin the previous five years. (4) The trade name and a ress of the business on behalf of which application i made and its telephone number. (5) Exact address or locatio of the place where the business is or is proposed to b carried on, plus a sketch of the actual premises to b used in connection with the business, giving distances i� feet and showing adjoining roads, property lines, build�.ngs, and uses. i (6) A description of the materials with which any buildings to be�used in connection with t e licensed business are, or are to be made; a sketch iving dis- tances, showing� the location of such buildi gs on the business premises; and a diagram or plan gi ing dis- tances and heights, showing floors, exits, e trances, windows, ventilators, and walls. i I (7) Such other information as the Board o , Investigators shall find reasonably necessary t effec- tuate the purpose of this chapter and to arrive t a fair determination of whether the terms of this c�hapter have been complied with. � J 341.05. INVESTIGATION: APPROVAL AI�ID ISSUANCE OF L�ICENSE; Subd. l. Uponl' receipt of an application for a junk dealer' s ; license, scrap and 'metal processors license, or motor vehicle , . � 4. t salvage dealer's license, as provided for herein, the License Inspec or shall cause an investigation to be made of the applica t� s business responsibility and reputation. The pro- posed or xisting premises and equipment with which the business is being o is to be operated shall be inspected by the City Architect, he Fire Chief, the City Health Officer and the Commissioner of Public Utilities or their duly �appointed repre- sentatives. I � Subd. 2. e License Inspector shall approve the applica- tion only if he 'nds that the applicant' s business responsibility is satisfactory an that all agents or officers of applicant, if any, who will take art in the operation of such business are of good character and r utation and capable of operating the business in a manner consisten with public health and safety. ` Subd. 3. The City rchitect shall approve the application only if he finds that an proposed or existing buildings or equip- ment with which the busine s is being� or is to be operated conform to the requirements of ,the uilding Code, the Zoning Code and the , requirements of this chapter Subd. 4. The City Health Officer shall approve the applica- tion only if he finds that the oposed or existing premises and equipment conform to the require ents of this chapter and all applicable health laws. Subd. 5. The Fire Chief shall pprove the application only if he finds that the proposed or exia ing premises and equipment conform to the requirements of this ch ter and all applicable fire-prevention laws. ' Subd. 6. The Commissioner of Public Utilities shall approve�� the application only if he finds that the oposed or existing premises and equipment conform to the requi ments of this chapter � and all applical�le air pollution laws. Subd. 7. If any �of the findings provided or in subdivisions 2, 3, 4, 5 and 6 above are unfavorable to the ap licant, the License Inspector shall, within thirty days after the fil'ng of the appli- cation, notify the applicant that his application ' s disapproved and that no license will be issued. Upon request, e shall furnish the applicant with a brief written statement of the rounds upon which the application' was disapproved. If the findin s in sub- divisions 2, 3, 4, 5 and 6 above are favorable to the pplicant, the City Council may issue a license to the applicant. I ' Subd. 8. The license as issued applies only to the remises indicated thereon and authorizes the licensee to operate a�junk- yard (scrap and metal processing or motor vehicle salvage b`siness) in a l�awful place and manner only; it is not a substitute for any ' certificate of occupancy, building permit, or other certificate or ; permit that might be �required by law of the licensee, and it �does � not relieve the licensee of the responsibility to have all such re- quired permits or certificates at all ti.mes and comply with all laws affecting the above-clescribed business. � � 5. , • , Subd. 9, The License Inspector shall keep a permanent record of all applications filed and all licenses issued in accord ce with this section. � 341. 'G. LICENSE FEES. The annual fee to be paid for any license or enewal license issued hereunder shall be $200.00. � � 341.07. ICENSE NOT TRANSFERABLE. No license issued under this chapter s�ll be transferred or assigned or used by any person other than�the one to whom it was issued, and no license shall be used at a y location other than the one described in the application upo which it was issued. . , 341.08. GENERAL PERATING REQIIIREMENTS. The following general operating requi ements shall apply to all dealers licensed in accordance with the p �ovisions of this chapter: (1) The license ' ssued pursuant to this chapter shall be plainly displa ed on the business premises. , (2) The premises, t�•gether with things kept therein, shall at all time be maintained in an orderly condition. in the City f Saint Paul (3� No spa�e/not covered �y the license shall be used in the licensed business. (4) No water shall be allowed to stand in any place on the premises in such mann�r as to afford a breeding place for mosquitoes. (5) Weeds and vegetation on the remises, other than trees, shall be kept at a height of not more than four inches. • (6) No combustible material of any ind not necessary or beneficial to the licensed bu iness shall � • be kept on the premises; nor shall the prem ses be allowed to become a fire hazard. (7) No junk or other material shall be b�rned on the premises except that scrap and metal processors and motor nehicle salvage dealers who are presently �iermitted to burn certain materials necessary to the operation of their businesses under the supervision and control�of the Fire Prevention Bureau and the Commissioner of Public Utilities shall be allowed to continue such burning � � for such time as is necessary to modify equipment and�, ' processing methods so that the business may be carried on without burriing or until January 1, 1971, whichever� is sooner. � � � . � � " � i � • '" ` , . ,� - ; � � � . ` 6. � (8) No noisy activity shall be carried on in connection with the licensed business on Sundays, _ Holidays or at any time between the hours of 6:00 P.M. and 7:00 A.M., except as provided in subparagraph (7) . � (9) No garbage or other waste liable to give of� a foul odor or attract vermin shall be kept on the pre ises, nor shall any refuse of any kind be kept on the� emises, unless such refuse is in use in the licen�ed business. (l� No material shall be allowed to rest upon or protrude �er any public street, walkway, or curb or become sca ered or blown off the business premises. (11) Ma �erials in junk yards and motor nehicle salvage dealer s premises shall be stored in piles not exceeding t feet in height and shall be arranged so as to permit sy access to all such materials for firefighting purpo es. , (12) Gasoline nd oil shall be removed from any scrapped engines , or v hicles on the premises. � � (13) The area on e premises where materials are kept (other than indoors) shall be enclosed wherever the premises adjoin or abut re idential property or a residential street, except for entrance and exits, with an opaque, vertical wall or fence of a minimum h ight of 6 feet measured from ground level. Entrances and exits s all not be wider or more numerous than reasonably necessary for he conduct of the licensed business. (14) The licensee shall pe 't inspection of the business premises by any authorized inspect or police officer at any ; reasonable time. � ! (15) No dealer licensed hereund or his agent or em- ployee shall purchase or �receive any m terial for use in the licensed business from any person under the age of 18 years without the written consent of a parent guardian of such person. Such writing shall be held avail le for inspection by any authorized inspector or police offi er for a period of at least one year. � + E (16) No business shall be allowed to be ome a nuisance; nor shall any business be operated in such man�er as to become injurious to the health, safety, or welfare of the community or of any residents close by. � + (17) No person shall be issued more than one type of ; license as provided in this chapter at any one location. � J � �1 341.09. INSPECTIONS. The Commissioner of Public Utilities, the City Health Officer, City Architect, Fire Chief, or their duly � I I . .. . - . , ;. • 4 , a , � � 7. . i � authorized representatives, shall inspect the business premises of all businesses licensed under this chapter at least once a year determine whether such premises are being operated in accorda e with the provisions of this chapter and other ap- plicable rovisions of law. 341.10. REVOCATION AND SUSPENSION. When the Council determines th the public interest so requires, it shall revoke or suspe d the license of any junk dealer, motor vehicle salvage dealer o scrap and metal processor when it finds, after due investigation, that: (1) The li ensee or any agent or officer of such licensee who takes part in the operation of the licensed business s not of good character or reputation, or is not capable o operating the licensed business or carrying on the licen ed activity in a manner consistent with public health, sa�ety, and good morals; or (2) The licensee ha failed to comply with the pro- visions of this ordinance r any provision of law applicable to the premises, ,equipment, or operation of the licensed business; or (3) The licensee has obta'ned his license through any fraud or misstatement; or � (4) The licensed business or activity is being con- ducted in a manner detrimental to t e health, safety, or general welfare of the public, or is nuisance, or is being operated or carried, on in any un awful manner; or (5) The licensed business or activ'ty is no longer being operated or carried on. � Section 2. COMPLIANCE. Any person acting s a junk dealer, motor vehicle salvage dealer or scrap and metal p ocessor within the City on the effective date of this ordinance s�iall have a period of ninety days after such effective date to �comply with provisions of this ordinance. Section 3. PENALTIES. Any person convicted of iolating any of the provisions of this ordinance may be fined in an amount not to exceed $100.00 or imprisoned for a period of time not t exceed 90 ' days. . ; � � . � � � , , � 1 . 1 i , , � i I Ozi¢inal to�City Cl�k � � ti �' ��- �� -+ r ORDINANCE . COUNCIL FILE NO- PRESENTED BY ORDINANCE NO � 8. Section 4. The various provisions of this ordinance shall be severable, and if any part or provision shall be held to ^ e invalid, it shall� not be held to invalidate any other part r provision thereof. Sec •ion 5. This ordinance shall take effect and be in force thi ty (30) days from ,and after its passage, approval and publica ion. � ,I ; , � Yeas Councilmen Nays Passed by the Council { Carlson � Dalgliah � Tn Favor Meredith 1 Peterson A gainst Sprafka � Tedesco Mr. President (Byrne) Approved: ,' Attest: City Clerk Mayor � �O � Form approved Corporation Counsel By ; �� . The following amendment is offered, amending Council File _ 241006,as amended, as follows: ��,�,Q��9> (�) The business premises shall be enclosed with an opaque, s s.�x ��) vertical_fence" or i.wall�i�w� #) feet i�gh�1Rng any„side which . � '� jr� �� . �, r : r_rri� can be seen from an automobile raveling an immediately adjacent controlled access� highway or through highway or which abuts residential buildings, residential property or property whose use district:classifi- cation is anything other than light or heavy industry, except that the Council may waive the requirement for such fence or wall or reduce the height of same where a �plan approved by the City Architect providing for a tree planting an� landscaping program is carried out which will effectively screen thetpremises from public view. , I a i � i � � . �'� i -- � ! � . l� � � i � � `�_ � ' � � �. /.��l�a . �� ; - , LAW OFFICES DWORSKY, ROSEN & RAVICH ROBERT A.DWORSKY WILLI.�M 5. ROSEN � '630 OSBORN BUILDING '� PAUL H. RAVICH I SAINT PAUL, MINNESOTA 55102 � OTIS F. HILBERT � TELEPHONE 227-7731 I � AREA CODE 612 � December 20, 1968 � The Honorable Thomas Byrne , Mayor, City of Saint Paul R E C � � �f p City Hall and Court House QEC 2 3 i�6 Saint Paul, Minnesota 55102 � �y�R�� Cf Re: Proposed Amendment to Chapter 341, Saint Paul Legislative Code f Relative to Used Auto Parts Dealers Mv File No. 3371 i Dear Mayor Byr,ne: � At the City Council meeting on November 29, 1968 f the above matter was put over to January 9,, 1969� pending further res.earch into the matter by the City Attorney'� office and the affected industries . Since _ that time the City Attorney's office has been actively investigating the matter,. and preparing a revised proposal for submission to the City Council. I have been in direct contact with Mr. Klas of the City Attorney's office, and�a representative of the scrap dealers has done the same, Every effort is being made to prepare an amendment to the Code that will be consistent with the public interest and will not unduly impair the scrap or used auto parts businesses that are directly affected by the Ordinance. Mr. Klas has advised me that it would be desirable if he could have more time to complete his research, and the auto parts industry also feels that more time is necessary in order to assist in the preparation of a meaningful ordinance. I am required to appear in the Minnesota Supreme Court on the morning of ]'anuary 9, 1969� and the date for that � E ; i i � �-�-�-- 3 ' �� : ,� t ; � �� ' . � I � � � I � • ' � � � , The Honorable Thomas Byrne -2- December 20,_ 1969 i appearance cannot be !changed. Accordingly� I respectfully request that the above matter be postponed from January 9, 1969 to a date in February, approximately 30 days later. � Respectfully submitted, ��//Jn/� , /{�//J ,� "��W::, ..V ' ✓ �'�L^--G�----- ' WILLIAM S.. ROSEN � P"� cc; Councilman Carlson Councilman Dalglish Councilman Meredith Councilman Peterson Councilman Sprafka Councilman Tedesco Attorney Daniel A. Klas Harry Marshall, City Clerk Attorney William E. Reilly Normrs Auto Parts Atlas Auto Parts . � � , I . ti �.;� _ . . �� -: � LAW OFFICES DWORSKY, ROSEN & RAVICH , ROBERT A.DWORSKY , WILLIAM S. ROSEN 630 OSBORN BUILDING PAUL H. RAVICH ' SAINT PAUL, MINNESOTA 55102 , OTIS F, HILBERT TELEPHONE 227-7731 1 AFEA CODE 612 � December 20, 1968 � ' � The Honorable Thomas Byrne Mayor, City of Saint Paul • City Hall and Court House � Saint Paul, Minnesota 551�02 Re:- Proposed Amendment to Chapter 341, Saint Paul Legislative Code, Relative to Used Auto Parts Dealers Mv File No. 3371 Dear Mayor Byrne: � At the City Council meeting on November 29, 1968, the above matter was put over to January 9 , 1969, pending further research into the matter by the City Attorney'� of�ice and the affected industries . Since that time the City Attorney's o�fice has been actively investigating the matter, and preparing a revised proposal for submission to the City Council. I have been in direct contact with Mr. Klas of the City , Attorney's office, and a representative of the scrap dealers has done the same. Every effort is being made to prepare an amendment to the . Code that will be consistent with the public interest and will not unduly impair the scrap or used auto parts businesses that are directly affected by the Ordinance. Mr. Klas has advised me that it would be desirable if he could have more time to complete his research, and the auto parts industry also feels that more time is necessary in order to assist in the preparation of a meaningful ordinance. I am required to appear in the Minnesota • Supreme Court on the morning of January 9, 19691 and the date for that , ' � ► • - � � . , . � • � � ; • '� _____ ________ ___ ___ __ � r-' I The Honorable Thomas Byrne -2- December 20, 1969 � , appearance cannot be changed. Accordingly, I respectfully request � that the above matter be postponed from january g, 1969 to a date in �, February, approximately 30 days later. , Respectfully submitted, i� � . ,� ,-, / i. � ��J�� L'ili%�.GGi.r,i ..�"� �}fGC'"_.t-ri-.._. WILLIAM S. ROSEN p�Ii ' cc: Councilman Carlson Councilman Dalglish Councilman Meredith ' Councilman Peterson Councilman Sprafka Councilman Tedesco Attorney Daniel A. Klas � Harry Marshall, City Clerk , Attorney William E. Reilly �Torm`s Auto Parts • Atlas Auto Parts . . _ _ -, . 1 . � .�t. .. ' .5 _, ' _ � , " _ • _ . � , • 1 _ .__` t - � ' - ' .. -. '� i- , _ � � . _ - - R • .` _ . . , , • � .- �'1". n.` , ' � `' q . • , _ = ' , ' �- � . ' y • , _ ' . . . ' . ' _ � y ' ` � _ • . • _ . - ' . . - • e ' . , , . • . 4 ' , � . _ t . ", ' ' • - _ _ ., t� .: _ ' _ _ , ` -� .� • - - ' ' " • - . . n 4 i � , � • , 1 h• ' _ .' ". - " ' _ _ -• " • � � . � , - • _ �' - ' • • . ' . . � - • .• . • _. - � December ��, 1968 _ - -�. � _ ,. . , _ - . - . - - - • . - � ' ... �� _ .- - � - � . .' ' ` - , = . ' ^ , `, �` "- i ti .L . 1 - • ' .m. `• . � + • , `• - ' ^ �� > + ' v'- � • " �- 1 • '- -r ,, ' ' -. � cf � • '__ ^t s , _ - � ! �,, , �- ,- ' � ' • � . .. • _ .� � i `` ! . , - - - � � - 1 ` ` � . - i ♦ r, - , _ . f • �• � • � _ � �, Mr. William S. Rosea . , -• � � - - • .' ' _ - . - _ .. • - -. . Attorney at•Law � " ' - " - ,� • ' - . ' ' ' ' ' ' y " ' _ " - - 630 Oaborn Bldg. - _ � t -- . - � -, . ' , � - _ . _ _ _ . �. St. Pauli Minn. , � ': � - ". . - . , . _ � � � , � � :.� � Dear 3ir: �b ' • • - - . . - . - . _ ' � � . . _ . _ . _ . _ �•�.; ; , _ _ , . _ _ . , . ` ' � � - The.City Counci]. today recefved 1 r reques�ing��a lay-a�ver of the . � • ,. , proposed Junk Deale�r Ord3:nance f'� ' .9, �1969� to sometidae in February. S � - The�Council agreed t... " ,9,. 9, �they would ].a,y the ordinan�e = � � � :,� _ . , over to February llt ', 969� �_• - _ � , " ; � � , � ' � - . - • � ' -' � , . � � - ,- . ," Very tru7,y yours, � � �_� ._ � _ . � � ' - - -_ � � -' - _ � s. _ . . _. . . . . _ ' ; . . . - _ . ` � . ` _ - . -�_ , - - - t �^ : J City Clerk � - , .- - , � ; . -- �AO%g - : - . _. - ' ` � -,' - ' ' : •. ' . . ;r ` . .=I � ' y 4t . '` ' s ' �" ' _ _ _- - . Copies t . _ �rl._ Dani Kla,is; Asst.� Corporation Counsel. - . � � = , .` � _ , _ � _ � . .�=3eTi _�i"ei,m Reill,y; Atto�ney.. . - _ - . .', -� '. • ` - , ; � - � " o utb Parts ` � - - - - ' ' ` . . . � _ - _ -• � Atlas Auto�Parts , _ � � , ' -- - . - � ' � .� . . -. • _ - '- _ - ' . r � • '' �. �' ` • . ' .-� . - � � . - � .' ., - . . . : , - , _ -` •- • . _ , • � ' , - . '. � -' ', . • '_ . -- , . _ '_ - , _ - _ -, • . -, � - - - , , . . ,� . -. , - .. ' • ' • �`•' ' :� ' • "" � - ', _ -_ � n t . _ t • - ' . � � ' _ � � " _ . " - ' . " ' _ ' j" ' . ' ' - 1. , . . . . 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Y �• , - . ,. , ' " - , -� 3 t: _ -. ; � .._ . - . .. ` ,•. , `_' ; . . u _ , - �. • ` • a 4•• ' • _ , ~ • � ^ L •� � ` ,• ' •1- ` ' •t, + • - ; '• �1 ' , _ . - -;s - , � , ' M�* , - ^ -' ' , , ' � � .. . ' ' - . _ � - _ ' _� _ ' � ' � - ' - _' , � • ' `-, -'j ,• �� . -- •" `' - 1 L , , . . • - . . . r . . ' ' - - , , , � , = -. - . � . - �i - ' _ • '' _ ' S ., -_ - . . � � - '`. � - � - Nrn►"ember 29, 1968 , -• : • _ _ - � . " � - ` ,,, .. _ , . . . � . ' � , _ M _ _ ` , , � . _ � _ . :. � _ L �--,. :�^ _, z � �i"I :, ;y' _ - - - : . . ' . _ - ' _ : ' : � . � , , - - � - ' - ,- ' . _� . � - - � . ' , • - . " - _ '. � _ - " � -._ - ° ' . � _ • _ ? Hon. ThomaerR: Byrne r ; ' \~ -" ` s�' .- - + ;, -. . . � - Mayor � ' � � � = - _ - . � - �I � ` - - • - � _ Bu.ilding , � ': ;-. ' ..- - ` . , '- - � . ' - ' - � _z -,' � - " ` ' _ � -Dear Sir• � • ' , �� .. � ` � � ��- � ' ' - The City iCouncil today'ia�.a ov o J �9, 1969 �or'Third Reading . . � x -_ � . + � �,nd Approval' of Farm an ordinanc n ng o ur�k Yards, and Junk - _ . ' - _ � D�al�rs. s . - � _ _ • ; . - _ � _ . _ 1,. w ' - ( u � -, � �� At tode,y's public he ng� R. _ 1 iam lly, �.representing several � . , • � '' "� " - �scrap metal process �. appeared d rnquested the,t a, committee be �- : - � '��. � ' . � ' appointed to study , a-:entire ' t er and make �recomm,endations to _ , : � , the City,Cauncil. - - - _ , .. . _ � - _ ' � . ' - A � ' . R' �f . ' . - , � ' , y � . . �.Very truly yours, _ . . -.{, , _ . , - . .� . _.- _ - '. � - � _ - , �- --. � ' � � � � � �' . _- : ° " - � � City ,Clerk_ -._ - . � . - ; �. _ ._ _ ,. � . . ` , _ � - - . ; • • - � . . - . . , - - . - ADIn� "' - - . - , - , :� _ _ - ; .. , . - - . , �� ' ' , . .' _ ' : ` � ; � w - - ` -� . ' , ,� � _ � �, . _ _ . _ _ , . , � _ � `. _ 'v. ' ' � � . , -� ' _ . - • � * _- . . . , - , .� ' _- -• . • : . " Y , , � � � . _ . : ,. ` . . - - _ ^ _ . . , , . ' - . , • _ .� • ' . - � . �,. • - . , • - - � � � -. . , �. " _ • . . , ' , ': � , • -: " � L"„ - ' _ - . - �- . , . � - _ . ' �• .� -. ` " . � ,� - _ - i I Harry E. Marshall I �G�T� �F Albert B. Olson City Clerlc ancZ �° " `.� ; Cou�ccil Recordcr Conimiasio��er o/Repislr¢tio�t t ; •• .z:`.'�; y � , in....is= 5 • ! ''� .: . • . I � . ( , , ' 'OFFICE OF THE CITY CLERK � CI'I'Y Ol� S.AIN'I' PAIUI, BUREAU OF RECORDS - � � S86 City Hail � St.Paxcl,1Vlin�zesoE'¢ 55i02 December 2�+� 1968 Nir. Willia.m S. Rosen . Attorney at Law 630 Osborn Bldg. S� Paul, Pdinn. � T . Dear Sir: � The City Council today received your letter requesting a lay-over of the proposed Junk Dealer Ordinance from January 9, 196g to sometime in February. : The Council agreed that on January 9, 1969, they would lay the ordinance over to February llth, 1969. ' - • � Very tru7.y yours, . � S �_ W ��Gr1. � City' lerk .� AO�ng t � Copies to: Mr. Daniel Klas, Asst. Corporation Counsel . Mr.l�:William. Reil�,y; Attorney Norm's Auto Parts � � / / � �f Atlas Auto Parts . ' � � . � . � � / � . . � �O � r ` � i :I PORT AUTHORITY OF THE CITY OF $AINT PAUL 1130 MINNESOTA BUILDING, 4TH AND CEDAR, SAINT PAUL, MINN. 55101, PHONE 224-5686 March 18, 1969 Honorable Mayor Thomas Byrne City Hall and Court House St. Paul, Minnesota . 55102 Attention: Harry Marshall, City Clerk Gentlemen: At the Port Authority Commission meeting here, Tuesday, March 18, 1969, action was taken referring the attached letter to the City Council £ar its consideration. The letter is dated February 25, 1969, signed by Norman E. Biorn, Legal Counsel for the A1ter Company of St. Paul. - It appears that �they express opposition to certain sections of Council File No. 241.006 now under consideration,by the City Cotincil. � , Yours truly, � Y , r rank . M r ' i • Executive Vic P esident FDM:sjs � cc: Norman E. Biorn ` � I FRANK D. MARZIT6LL1 EUOfiN6 A. KRAUT FRANK E. CLAW90N FflANC16 D. HA6fiN � 6%HCUTIVB VICH�P6{IDHNT A{fIfTANT E%ECUTIVE VICH �11H61DHNT DIRfiCTOfl. INDU6TRIAL DEVELO►MeNT CMI6F 6NGINH6R � i COMMIS/IONHR6 RICMAIID C. RADMAN S6YMOU11 VH11N6Y B611NARD T. HOLLAND M WILLIAM BLAKH 6611ALO J IIAACi LOU17 H. MEYEIIL ROBBqT F. P6T8R/ON . �116�IDQNT VIC6 t11E�ID6NT BECRfiTAIIY TIIHA6UR6R L[OI�LATIV[ADVISORf JOXN TIIACY ANCt11�ON, fTAT6�CNATOR RICXAIID RICF718. BTAT6 Rl�11666NTATIV6 �_ � � / i 1 �.;, - ~- • . ' BIORN AND SMITH , -, � j ' �TTORNEYS AT LAW { 600 PIONPJER BV=LDIIQC} pJ�7y � ` `f� `� Yr,�it�� '1 i,�: 9AINT PAUL�MINNESOTA 66101 ?ELLPHONE NORMAN E.HIORN � �.�1��_ �� Q84-2961 BTHP7iSN B.BDfITR }y �:r. , , - , rl y AREw OODL 018 � �ti�'""�.��,�� * '} . February 25, 1969 • a �� . . . �!-'� �, i- ., , . � •`?�, �' t� . . �,� •� Ln'' , . f ��;��._ �� ,a . �. ' � 1��29 30 31•r2� � � c�' sz Mr. Frank D. Marzitelli / �`,L� ��°'i� � Port Authority of the City of St. Paul � d .,-�/oe��c � Minnesota Building �1 N �t`' G�v.r�� ° Saint Paul, Minnesota 55101 °� N�, �i�Q�`' �° �� Q'�y�, ��'L Dear Mr. Marzitelli: • �`�6lg�l�g��,�'�� Re: The Alter Company � Mr. Bernard Goldstein of the Alter Company has asked me to write to you relative to the proposed Junk Dealers, Used Motor Vehicle Parts Dealers and Scrap Metal � Processors Ordinance. There are a number of requirements in the proposed ordinance which, if enacted, would impose an unreasonable burden upon the Alter Company as an operating bus- iness; for example, the disclosure requirements as to members of the Board of Directors, trade names and employees' names and addresses and the requirement that the applicant for a license must meet a purely subjective standard of "satisfac- ' tory business responsibility". • Compliance with these requirements, while offensive to the A1ter Company as a � ' resgonsible tax-paying member of the business community, will not put the Alter . Company out of business in Saint Paul. - There are, however, two proposals which, if enforced, may very well put the Alter C�impany in an untenable position insofar as its ability to pay its rentals to the Port Authority and its real estate taxes out of operating revenues is concerned. Section 341.08 (8) prohibits noise during Sundays and holidays and during . evening and night ours. The Alter Company cannot operate without mak- � ing noise and it cannot amortize the cpst of its facility if it is restricted to • a daylight shift. The Alter Compa.ny site was selected so that noise would ., � not bother neighbors. To impose a curfew after lease commitments have ,` been made would be most unreasonable. Section 341.08 (12) requires the removal of gasolene and oil from car bodies . before processing. The cost of this additional step would be prohibitive. The Alter Company operation does not Ereate an explosive situation. It has processed 100 car bodies a day for a.bout two years and in a11 that time has had only one minor fire which wa� immediately extinguished. The company maintains fire equipment at the site.• The only hazard is to the machinery itself and this, I am told, is minimal. � . ; . • � - � • # � � � _ . . r.._..._ � -a---------- . . �-�-- . .- .-'.-, _ . . .. v �, ." � . � R , . � ' - Mr. Frank D. Marzite.11i -2- February 25, 1969 Y,, . .�, The Alter Company believes that the Port Authority, as the landlord which selected � the site for its Saint Paul operation, should share the company's concern that it will not be able to operate economically on that site if it is to be obliged to comply with the requirements of this proposed ordinance. , There will be a third reading of the ordinance on March 19, 1969. It would be most � helpful if you would take this matter up at the next Commissioner's meeting (which I . assume will be March 17) so that the reactions of the Commissioners could be report- � ed to the Mayor and City Council. . ' ' Yours very truly, . . , BIO AND SMITH . � � ,l.n.,l�9...� .� � � Norman E. Biorn NEB:lr - cc: Mr. Bernard Goldstein . , The Alter Company . • . , ,� . � . , , � � , � , , ; f # , � , . - - 1 . ; . , '� �� j ; i.f.F. (�. .� � .. - � , { j < < Y`,•^��.�`�f: � rY��n1 �� • a � . J , '�'}.:-�•' `.�;� '`: . , . " , - � ' . .-, .<:, �^,:E.',. , ' ,,. .. ., .. + , . 'X" . �"" • ' .• - . .. .- . - - � �. ' STACKER, SILVERSTEIN, BURKE & RADSOM - - ?,,�. . , ,. _ ' � _. ` 'ATTORNEYS AT LAW � '�� 1220 MINNESOTA BUILDING � , . � � �. ST. PAUL, MINNESOTA 55101 � , „ RALPH STACK6R ' TEL.EPHONE � ,•� MAX A.STAGKgR ` March 12, 1969 'd�2•1`/Q{i •�,,,, FAeo ai►.v6we�T41N AREA CODE 612 TMOMA3 J, BURKPL . � " i - BTUART RAOSOM . � � HOWARD G. BTACK6R ' .•� R.WILLIAM HRILLY " ' " i '� KHNN@TH J. W81L • . MORRY N. ROTHST6IN , `� r The Honorable Thomas Byrne � ` �� • � Mayor, City of Saint Paul i � � City Hall and Court House . " ,:' Saint Paul, Minnesota 55102 ' ' "�� . Re: Propos�d Amendment to Chapter 341, � • . Saint Pa.ul Legislative Code ' � ,. � (Regulatory Air Pollution and Licensing Ordinance) � ` Our File No. E 314-1/2 . , �•: ' ,• Dear Mayor Byrne: �• ,� The third reading of the above proposed amendment to Chapter 341 has , � been scheduled for March 19, 1969, at 10:00 A. M. , together with a �, �� • public hearing thereon. Since the last hearing on the proposed amend- - ment the state of Minnesota, by and through the State Legislature, has _ ." � adopted an air pollution and solid waste disposal sta.tute. I believe _ the specific date of adoption of said statute is March 11, 1969. I have inquired with the state of Minnesota relative to obta.ining a • copy of said sta.tute and have been informe� that copies of it are not , yet available but should be within the next 30 days. I have also been . informed by representatives from the Sta.te Air Pollution Control Agency and the Solid Waste Disposal Agency that the statute prohibits all open burning, but said statute does grant a period within which industry � and private individuals may convert to a non-burning type system. The date set by which all conversion'must take place is December, 1970. � I am not famiJ.iar w�.th the remaining provisions set forth in the statute, . and I am confident that the city officials have not yet received copies of same. I believe it absolutely necessary that this sta.tute be studied � � in depth prior to the adoption of an air pollution ordinance by the City � of Saint Paul inasmuch as the ordinance should not be in contradiction ' ' ' with the sta.te sta.tute. Indeed, there may no longer be a need for . � the, proposed ordinance in light of the state sta.tute covering the same � topic of air pollution. , -' a . i � � � . � � . . . , �v, ' .. ,' . . . , r ; .. � . ' � . ' ' . i, - .. •, ,- . . �j'� • �.. • ' � ' ' ' ' " � - •� ' . ' �, � � , • . • ' � { -2- f i - I . The Honorable Thomas Byrne , - March 12, 1969 Therefore, I am requesting that the March 19, 1969, third reading and hearing date for the proposed ordinance be passed over for 60 days. This period of time should certainly allow all parties concerned to ade- quately study the state sta.tute as it relates to the proposed ordinance. Thank you very much for your cooperation in this matter. If the requested time is not granted, I would appreciate being notified as soon as possible. Very truly yours, STAC. R, SILV� TETN, RKE &.,.,R,A OM , • �- , ` . � t � s _ / � � '�.-C�� . � , r � -�.��f� - . , y: . William Reilly ' � � Attorneys for Schnitzer Iron & M tal Co. � � and Great Western Iron & Meta.l Co. � . � RWR:fm __�, , � . • „ , � . ., , � . • . � . , ,,. . .. . � '. � a . • . '._ , . .;, . { � � - •„ L 1~ 14, ..�.. � •, . ��' . , • . , .- �' 1 "+ ` . , � I . � ; � � t ( ' ' . , � � . � � '1 - . , , r ` i . — , , .. ' f � r ' . ' . G • ' ' . ` , . . , " • � . .,_ . ' � "' � ' i' ' , f F;. . _ . - ' _ . # . ' � • '1•,.. ' , I . . . ' • , , `\, .,. � d: � „ � . . ' i � � , . � •� . y ` ' . , ' .. r � � . ` ? . " � � • ' " • ' • , � ... _ _ ` i LAW OFFICES ROSEN 6� RAVICH , WILLIAM S. ROSEN 1 PAUL H. RAVICH � 630 USBORN BUILDING OTIS F. HILBERT SAINT PAUL� MINNESOTA 55102 ' TELEPFiONE 227-7731 March 11, 1969 P.REA CODE 612 � ��Ef �/ � p ' MAR 1 31969 ��'ac�*� � _ The Honorable Thomas R.� Byrne Mayor of the City cf St. Paul and Members of the City Council � City Hall . 15 West Kellogg Boulevard St. Paul, Minnesota 55102 , re: Proposed ordinance pertaining to junkYards and junk Dealers, Used Motor Vehicle parts Dealers and Metal Processors and Amending Chapter 341 of the St. Paul Legislative Code - Our File No. 3371 � , . Dear Mayor and Councilmen: ,- ; _ The Used Auto Parts Dealer.s of the City of St, Paul oppose the adoption of the proposed ordinance scheduled for third reading on March 19, 1969, and show to the Mayor and Counc�l as follows: I. THERE IS NO OBTECTION TO THE ELIMINATION OF OUTSIDE BURNING 2he Used Auto Parts Dealers of the City of St. Paul concur in the � Legislative determination that all outside burning, wherever it is found within the City, should be prohibited. Thus, the proposed legis- lation, insofar as it eliminates burninq, is not opposed, However, the Dealers do object to the attempt to sing,le them out as if the extremely limited burning by Used Auto Parts Dealers affects pollution in a manner different from outside burning by others . II. OPAQUE FENCING ABUTTING RESIDENTIAL ZONING IS NOT OPPOSED The Dealers do not oppose the requirement that outside storage yards_ be fenced with an opaque material at least six (6) feet high in those areas where such yards abut a street or property that is zoned for a residential use : The proposed ordinance refers to "residential property or a residential street" without reference to its zoning classification. � Where an outside storage yard is located in an area properly zoned for � that purpose and abuts the�same or similar zoning, there shald be no � opaque fence requirement. � I i � , � � The Honorable Thomas R, Byrne - 2 - March 11 r 1969 Mayor of the City of St..Paul and Members of the City Council � � - III. THERE IS NO VALID REASON FOR GOVERNMENTAL INVESTIGATION OF THE CHARACTER OF A USED AUTO PARTS DEALER OR SUBJECTING A USED AUTO PARTS DEALER TO GOVERNMEIVTAZ STJPERVISION IN THE OPERATION OF HIS BUSINESS A. Used Auto Parts Dealers are not junk dealers; nor do they operate junk yards . Chapter 341� in its present form, purporxs to regulate "Junk Yards and Junk Dealers". There is no valid leqislative purpose for including Used Auto Parts Dealers in these categories. The Used Auto Parts Dealers of the City of St. Paul are en- gaged precisely in the business that the words imply. They sell used automobile parts of every kind and description. Most of the sales are at.retail, and some of the Dealers also sell at wholesale. The conduct of the business of selling used auto parts at retail and wholesale is no different from any other wholesale �and retail business, except that a used auto parts inventory can be obtained only from manufactured automobilea that are damaged or otherwise unusable for trans� portation,. Used Auto Parts Dealers also store most of their inventory outside, but this practice is not unique. Outside storage is a necessary aspect of many businesses, including new automobile dealers� used automobile dealers, machinery sales, lumber yards, nurseries and landscape equipment sales, grave markers and Christmas tree sales. The difficulty faced by the Used Auto Parts Dealer is that the storage of damaged and partially dismantled cars is unattractive, and many people haye the mistaken belief that such outside storage is a safety and health hazard. The aesthetic aspect can be coped with by limiting outside storage yards to appro- priately-�oned areas. The health and safety issue is imagined and not real. There are no special or unique health or safety hazards� created by the conduct of a Used Auto Parts business. i �� b' ., . . � �� , The Honorable Thomas R. Byrne - 3 - March 11� 1969 Mayor of the City of St, Paul and Members of tlie City Council B. The attempt to single out the Used Auto Parts Dealer and require him to be subjected to a character investigation by a "Board of Investigators" is reprehensible. There is no reason for government to conduct a personal investigation and continued personal scrutiny of an honest businessman. The requirement that an appointed government official must approv� the Used Auto Parts Dealer's"business r�spons'ibility" , "good character and reputation" and his capability of operating his business is improper on' it� face. The attempt by the Council to involve itself in the operation of the Used Auto Parts business by imposing "general operating require- ments" exce.eds its constitutional powers. The proposed requirements are also discriminatory and impractical. For example, the propoaed legislation proposes a ten (10)- foot limit on stacking by a Used Auto Parts Dealer., while imposing no height limitation on scrap de.alers, manufacturers, and other outside storage businesses that regularly stack higher than ten (10) feet. The requirement that all cars be drained of gas and oil reveals the folly of legislative operating requirements and the lack of knowledge by the author of the legislation. Draining the cars creates a serious hazard. The safest place for gas and oil is in the tank and crankcase. Moreover, it is virtually impossible to drain oil from an auto,�; mobile in cold weather;. �" In. short, there is no lawful reason for legislative i.nterference in the operation of an honestr legitimate business. It is the position of the Used Auto Parts Dealers that the proposed legis- lation (except the no-burning requirement) is unlawful, because there is no valid legislative purpose for the requirements therein. N. THERE IS AT�READY ADEQUATE EXISTING LEGISLATION The proposed ordinance purports to regulate Used Auto Parts Dealers by amending Chapter 341 of the St. Paul Legislative Code. However, Chapter 343 of the�Code already regulates Used Auto Parts Dealers'. Thus, the adoption of the proposed ordinance would result in two (2) ch�pters of the Legislative Code with different and inconsistent provisions purporting to regulate the same business, , u � � 7 � 1 The Honorable Thomas R. Byrne - 4 - March 11, 1969 Mayor of the City of St. Paul and Members of the City Council The operation of a Used Auto Parts business is an honest and legitimate activity. There is no reason for special legislative action concerning this business. We believe that the stimulus for the proposed amendment to the Legislative Code arose out of a� problem concerning a refuse hauler. � The problems that existed in that case are totally unrelated to the present legislation, and that case creates no �ustification for singling out Used : Auto Parts Dealers. ' � ' A reasonable fencing reguTati.on could be implemented and burning could be outlawed without the over-reaching legislation that is now proposed. Accordingly, the U�ed Auto Parts Dealers of the City of St. Paul respect- fully urge that the City Council members vote to reject the proposed ordin- ance. The Used Auto Parts Dealers of the City of St. Paul would also like to meet with the Mayor and Council members for the purpose of discussi�g the proposed legislation at an early morning meeting in the Mayor's o£fice prior to March 19, 1969. Respectfully submitted, . , r � ll� - �' - � LLIAM S. SE N ' Attorney for � Used Auto Parts Dealers of St� Paul jan cc; joseph P. Summers� Corporation Counsel Daniel A. Klas, Special Assistant to Corporation Counsel Members of Used Auto Parts Dealers of St. Paul, as follows: Norm_Horton,, jr. - Norm's Auto Parts - B. Comisky - Acme Auto Parts Co. Roger Feldman � Roger'g Auto Parts Norm Carson - Capitol Auto Parts Co. M�idway Auto Parts Donald Kloch - Ace Auto Parts & Salvage, Inc. Roy Wagner - A-1 Auto Parts & Salvage, Inc. William Rosen - Atlas Auto Parts � Ed Zal,oup - Auto Parts Supply � � ..� Araa Codo.612 . - - ' < �tTrF�,P PHUL J. KELLY 223-5121 • �° C �% _ TFIOMAS J.STEARNS y � .�,' JON R. DUCKSTAD � � �';y;` �; ARTHUR M. NELSON . F �;� ' �� JEROME J. SEGAL � THOMAS M. MOONEY � JAMES W. KENNEY ROBER�E.O'CONNELL ' + KENNETH J. FITZPn7RICK F`'s"�'`�a"'. CI'�Y. OF SA.II�TT PAUL pqUL F. McC OSKEY�,JR. - DANIEL A. KLAS Spoc(al Asti�tanf LEGAL DEPARTM ENT ��ouis e;.TORiNUs 316 Cify Hall, St. Paul, Minnesota 55102 • JOSEPH P. SUMMERS • . Corporation Counsel • NOV2T[lbez' I8, 1968 Commissioner William E. Carlson �q (� Department of Public Safety � �`��V�� City of Saint Paul Dear Commissioner Carlson: Re: Junk Yards I am enclosing in tentatively final form an ordinance updating our present Junk Yard Ordinance.. The significant changes are as follows: 1. Itinerant junk gatherer has been 'eliminated and a new category, i.e. , "scrap and metal processor" has been added. 2. A Board of. Investigators has been set up to investigate applicatiorisfor license for junk dealers and scrap and metal . �� processors consisting of the City Health Officer, Fire Chief, License Inspector, and City Architect. 3. Provides for a 10 foot high opaque fence for junk yards, requires orderly and sanitary maintenance of premises, ' prohibits noisy activity between 6:00 P.M. and 7:00 A.M. , and . . prohibits •all burning �on the premises. 4. Requires license fee of $200 for junk yards and $100 for scrap and metal processors. � Under this proposed ordinance a person who desires to ac- - cumulate junked automobiles and to salvage and sell used parts will be required to obtain a junk dealer' s license and a second hand auto parts dealer' s license as presently provided under Chapter 343. If he does not sell .parts he will need only a junk dealer' s license. If he salvages jun�ed motor vehicles as a scrap and metal processor as defined in Section 341.01 (5) he will need only a scrap and metal .processor' s license and does not come under the special requirements , �, • � � ' � �� . :� . i . - � . Commissioner William E! Carlson 2 November 18, 1968 - . ; � ' � . . of Section �341.08, .Subd. 2, such as requiring the 10 foot opaque �'�ence and limiting piles to 10 feet. A person selling used auto parts withput� maintaining a dismantling yard need have only a second hand auto parts dealer' s license. � Very• truly yours, . l�. ,��C!� Daniel A. Klas r Special Assistant � - Corporation Counsel DAK: j a enc. � ' - ! i • ( � • . ! • � - ; , - . . , . � 3 � . a , - . ; . , I . � � j ; , - � �`=a 1 , I ! • � � ' i • i CLflPP � I I lol I IsS�I i rjo. REALTORS • 605 Minnesota Building St.Paul, Minnesota 55101•Phone 222-7311 May 29, 1969 � ItECEIVED �� uN 2 tsss � f,�Ya�s or,� Mayor Thomas R. Byrne City Hall ' St. Paul, Minnesota 55102 Dear Tom: � I am writing to request your support on behalf of the St. Paul Beautiful Coordinating Council. At our regular Board of Directors meeting on Thursday, May 29, 1969 , the following resolution pertaining to the Junk Yards Ordinance was adopted: "Be it resolved that St. Paul Beautiful urge the City Council to include in its proposed ordinance to control Junk Yards the following points: 1. Stop burning. 2. Effective visual screening. 3. Effective inspection and enforcement. , 4. Licensing" t�N►v ES 014�� On ��, June 4, 1969 you wi11 consider the Junk Yard Ordinance. Please include these recommendations therein. i Thank you. Very truly yours, ' ST. PAUL BEAUTIFUL COORDINATING COUNCIL ��c�-�`-'c � W. H. Clapp President � � � � y. -� .,..�, t Harry Blumenthal fg'Sor� In� /J / PHONE:335-2123 �ua�Cit� �neta� and �ervice 1015 NORTH THIRD ST., MINNEAPOLIS, MINN. 55401 RECEIYED M� 29� 196� E � EIVEC� JUi�2 1�69 J�N � �969 Mayor Thomas Byrne �AY�'$ �� • �Y�`� �� City Hall l�th & Wabasha St. Paul, Minnesota Dear Mayor Byrne: �.th reference to the May 26th draft of the so-called nJunkyard Ordinance�� which is to be considered at the Council meeting on June l�th: . I: f`ind T must be in Chicago for all of that week but am reluctant to again seek a postponment of the hearing as the Council very considerately postponed the last hearing to allow for �r being on hand. Therefore, I submit in writing the feelings of �he 9 St. Pa�al ��Scrap Metal � Processors" who have been included in a blanket I�icensing and ordinance re- quirement with nJunkyardsu, ��Junk Dealers�� and t�Motor Vehicle Salvage Dealers��. The �Scrap Metal .Processors' _have delivered to Messrs. Summers and Klas� . evidence that the U. S. 3)epar�ment of Co�erce, State of Nfinnesota, Oklahoma and others clearly designate �Scrap Metal Processors� as �manufacturers�. As such they are sub�ect to and egempt from regula�ory and licensing require- ments as any other manu.fac�uring group. This ordinance, as concerns our group, is considered discxi�.natory, unreason- able and unconstitutional. North Star Steel, American Hoist & �erri.ck, Northern Malleable Co. and Pier Foundry, a11 of S� Panl, stockpile iron and steel scrap for manufacturi.ng castings. -They also generate iron and steel scrap as a waste material. These firms do not come under the ordinance and yet deal and handle in quite a similiar manner, the same product. Since no other manufacturing group comes under ar�y sirrri.liar ordittance it obvi.ously discriminates against the �Scrap Metal Processors' . The U. S. Supreme Court, last month, upheld the Ohio Supreme Court in .rulj.ng which regulated �Juzi�yards' for purposes of fencing and licensi.ng bn.t which , exempted �Scrap Metal Processorst . Allow me to quote from the Ohio Supreme Courts� decision: _ '�Te think that the exemption of scrap yards is neither arbitrary nor unreason- able. IInlike �unk yards, which are merely storehouses for �unk cars, scrap yards consume the junk cars within their conf`I.nes, and thus hel.p to alleviate the eyesores of automobile graveyards dotting the countryside. Also, by con- suming vehicles a scrap yard occupies far less space than would a �unk yard , which stored the number of vehicles the scrap yard handles over a period of ; t'ij.Tfl@. It S I I I 1� I G I � � ��" 2of2 Harry Blumentlaal f3'Sor1,S In� /J / PHONE: 336-2123 c�ua�"itr� rneta� a�cd �ervice 1015 NORTH THIRD ST., MINNEAPOLIS, MINN. 55401 "Zt may well be that the General Assembly saw f�t to exempt scrap processing dealers to stimulate efforts to remove junk instead of store it. Certainly we can not say that �unk yards are not a conspicuous example of modern road- side blight. The judgment of the Court of Appeals is af�.rmed.�� Again, we beseech the council to judge our position objectivel$ rather than emotionally. Certainly the fu11 cooperafi�i.on of the �Scrap Processors' as well as the force of the I'ns-Gitute of Scrap rron & S�,eel, is pledged in ev�ery way possible to help the community. We strongly feel that this legislation is degrading as well as being discrim�natory and unreasonable. Should the Council in its judgment refuse to exempt the iProcessors' from this ordinance, Z have urged legal action be taken in the courts. We cer-tainly hope you wi71 not pu� us to the cost. Respectfully s 'tted, < . arry umenthal, Pub Relations Chairman HB/mk Ins tute of Scrap rron & Steel I � I _ < < I � � - ` � � � ��' 'pb� . F � � „ I LAW OFFICES WOZN[AK AND STARR MINNESOTA BUILDIN� A330CIATE D_D.WOZNIAK SAIN7 PAUL,MINNESOTA 55101 DONOHUE�KAUFMANN S SFIAW EDWARD P.STARR JUDICIAFY90UAqE 503 D 97REET,N.W. AS30CIATE 227-9494 WASHINGTON,D.C.20001 � May 20, 1969 RE � � jVE � - MAY�� 9$9 � �� i� The Honorable Thomas R. Byrne, Mayor of the City of Saint Paul � Members of the City Council f4 City Hall and Court House ' 5aint Paul, Minnesota 55102 � j Attention: Harry Marshall, City Clerk , G entlemen: 0 I don't quite understand the timidity with which the Council is approaching the proposed junkyard ordinance which the general public overwhelmingly supports. J I note by recent publicity the Council may have been intimidated by the attorneys for the junkyards by threatening to go to court and challenge its constitutionaltiy. In fact, a certain attorney has indicated to you that the requirement of the opaque fences around �the yards was "probably unconstitu�tional". May I respectfully call you� a�ttention to a decision by the United States Supreme Court handed down yesterday which upheld Ohio's law which requires a fence around junkyards that are within 1000 feet of a state or county road, and 300 feet of a township road. i � I think this takes care of the cons�titutional question, and I sincerely hope that the Council wi.11 move forwa.rd aggressively and pass an ordinance which will remove this blight from our community. Thank you for your consideration of this mat�ter. You s ve y tru3 , ' (' � . ,-��.,,i. .., , D. D. WOZNIA DDW/bg } " • � �v�-L-�C . � .�c . � Mr. C�R�- SCIJ � . moves to amend C. F. 241006 by , . striking the same in its entirety and inserting in lieu thereof the attached amendment. �� 1 �� , . . _ . , _ . , � . � _ { _ . ; � , � ' i � l � _ � 1 , � �, I �9� '�ie r�s3.n�� p��m�.�eg ak��.}. � enolo��d v��.�� an 1 opac�ue, �ror��.oal �€��Qe� �r w�,l �en �eet n h��.�,2�.t s�.ong �;� �� side wh�vh �t� �g �e� �rc�m. aM aut�b�.� tr�.�e�.� ax� �d- � ,��csent �ubl�� atra t �i3.th a� �.gorsa�+� ta�� io qr�vn� o� 1,OOQ vc�Y�iial�� p��+ d� 4�r�kxich a�au�a p�ope��y � o�e u�e c�#.at�iat cle.�a�.�'�,aa��oxi ,�� thing a�h�i• �kla� 12�t or �i��iv� i�ndus�x^g. , , fi ' � � ' � , - : - T : _ . ' G , 1 l • - i � � . � � . I }� � { � � t � � � � 1 { i � � i , f i O� ' � � � � 1S'��^vvl/ C� �� Z� xas� sx��s�aa •aw � ' o�s3�� . �vuas . "/ � xo �a ---� �� Z ��Q xos�� s�gu � e�a � ' —96i , �uno� au� 6q paadop�r . i � . I i Adopted by the Council � 196— Y�8 Naya CARLSO � ALGLISH � ERIDIi'S . �PEPERSON � �SPRAFgA TID�Q ` R. PRESIDENT (BYRNE) � I �� I il � � �� 1 � . . � .T. � � . . � I st f �, 2nd , Laid over to � I ' ` � � 3rd and app —Adopted {' r� i C� 1 i � ' �/� 3[ � `�Yeas ays Yeas Nays � Carlson i �arison � ��-i7 on�-��1.� Dalglish � � � 1 l� � Meredith ��`"' �eredith Peterson �eterso � � n Sprafka ' �prafka � � � 1'� Tedesco \ 1} Tedesco , � � �/ Mr. Presidenl' Byrne Mr. President Byrne � �O 1