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235524 1 1 � � �- -.l-i�inal to Clty Clerk � ` • � � . � � ,OR�DINANCE .���� . , -. � �� COUNCIL FILE NO . � .. PRESENTED BY ' ORDINANCE NO.— l I f �'- � An ordinance amending Ordinance No. 7103� approved July 2� 1929, amending Ordin,ance . No. 5840� ,approved July 6�' 1922� entitled: ` "An ordinance for the purpose of promoting the public health� safety, order, convenience� � � prosperity and general welfare by providing for the classification� regulation and re- striction of the location of trades and ,; industries and of buildings used for human habitation �and for specified purposes and the height and bulk of buildings hereafter ' erected or altered; and regulating and de- � ' ,termining the minimum size of lo� line courts and other open spaces and establishing the , boundaries of districts for said purposes." � as amended. , THE COIING`IL OF THE CITY OF �AINT PAUt� DOES ORDAIN: � �ection 1. That for the purpose of promoting the public health� safety, .order, convenience� prosperity� and general wel- fare of said City and its inhabitants and the regulation of the � location, size, use, height, site arrangements of buildings� and density of population therein and the accomplishment of said • . purpose� it has become necessary to amend the �on.3.ng Code, Chapters 60 to 64, of the` Saint Paul Legislative Code� to the end that the same �shall include. express �provisions therefor and effebtively regulate and limit the height and bulk of buildings and structures -� �'��;c �here !na.fter construct�ed or altered within�that certain portion of -- ` � ` - ' ' said�Height �District°�III and within that certain portion of said �..' Height District IV� established and shown on said zoning map .� created as a part of the Ordinance No. 5840� approved July 6, ' ,, � 1922� which portion of said I3eight District III� to be amended, is bound 'by the following described lines: -° � _� �- Commencing at� a�poin�which constitutes the inter- section of the westerly line of Saint Peter Street • -� with the southerly line of Height District IV estab- lished by the City of Saint Paul Building Zone � Ordinance Number 58�+0 and shown on the zoning map thereby made a part of said ordinance� as enacted; thence easterly from said point along said southerly li'�ie of said Height District IV to the point of inter= ' section of the same with the westerly line of Height . ` District II established by said ordinance and shown . 1. � � ' Yeas Councilmen Nays Passed by the Council C�rlson` � ' Dalglish , � � , H¢lland - � � ' In�Favor . Meredith Against Peterson � Tedesco . � ` � � � Mr. President (Byrne) • Approved: _ attes j: :� . . i City Cle'rk ' ' � yor �� � : �Form approved Corporation Counsel B � � . . �s ., ` � • ������� - 2• on said zoning map ; thence southerly along said west line of said Height District II produced from said . > , . last mentioned point to the intersection of the same • .� .,.:.� � wi �h the U. S. Harbor Line as the same is established . , . `'��•�� � ad 'acent to the commonly designated east bank of the . ,s`��r Mi sissippi River� thence westerly (or upstream) ai ng said established II. S. Harbor Line from said � la t mentioned point to the point of intersection of th same with the west line of Saint Peter Street pr duced; thence in a northerly direction along said westerly line of Saint Peter Street produced to the � po�int of beginning. in the several particulars hereinafter set forth; and which portion of said Height District IV, to be amended, is bound by � the fo �lowing described lines : All that triangular portion of Height District IV e tablished by Saint Paul Building Zone Ordinance No. 5�40 and shown on the zoning map made a part of said . o dinance, as enacted, which is bounded on the north b� the ce nter line of Kellogg Boulevard; on the east , by a westerly line of Height District II established , � by said ordinance and shown on said zoning map pro- d�iced from the center line of Kellogg Boulevard to ``��-:�-- � • t�ie intersection of said westerly line of said Height ' ' _ _ " Dj�strict II with the said southerly line' of said • ' H�eight District-:IV; on the south and west by �said . .. ` __ „ - �---� southerly line' of"Height District .IV, as said sout�h- erly line of Height District IV is extended from �. -- � t�he intersection of the same -with said westerly line � � of said Height District I2 westerly to the intersec- - � ` ' � ' � ; tiion of the same with the,� center line of Kellogg � � , �oulevard at or adja�cent� to the west line of Wabasha ' � � S�tr-eet produced across Kellogg Boulevard, � � _ , 's..�4'. ��.�. y' r �;�,�.'!, . , ,..>�r� . _.�. F. in �thi several particulars hereinafter set forth. , �ection 2. Sections l, 2, and 4 of Ordinance Number 7103� � approyed July 2, 1929, and Sections 61.04 and 61.05 of the Saint Paul iegislative Code are hereby repealed. Section 3. The Zoning Code provisions of Chapter 61 of the SaintlPaul Legislative Code, Section 61.04, be and hereby are amend�ed to read as follows : 61.04 Height District III (a) There shall be no• restrictions as to the height to which any building� or structure may be erected or altered in Height District III except in respect to any building or structure which may be erected in that portion of said Height District III which lies within the following described boundary lines : ' . � Commencing at a point which constitutes the intersection of the westerly line of Saint Peter .,� ' Street with the southerly line of Height District I� �,�;� r ., . , ���'�•`: . , ,� ;:��. t . i,k I� : ,�, � , . 'iY y�, =.;1�' . i' .�5�`- .i . '`!i■�.�t{ , ' . ' . • r ' �'��[ - -- � ���"��'�� '. es, ablished by the City of Saint Paul Building Zone �(� Ordinance No. 5840 and shown on the zoning map there- f � � � bylmade a part of said ordinance� as enacted; thence easterly from said point along said southerly line of � sa d Height District IV to the point of intersection ~ - of the center line of Robert Street; thence southerly � al�ong said center line of Robert Street produced from sa��id last mentioned point to the intersection of the s me with the II. S. Harbor Line as the same is estab- l�shed adjacent to the commonly designated east bank o the Mississippi River. Thence westerly (or up- s ream) along said established U. S. Harbor Line f om said last mentioned point to the point of inter- s�ction of the same with the west line of Saint Peter S �reet produced; thence in a northerly direction a ong said westerly line of Saint Peter Street pro- d ced to the point of beginning. S ctio n 4. The Zoning Code provisions of Chapter 61 of the Saint aul Legislative Code be and the same are hereby amended by the insertion therein immediately following Section 61.04(a) as set out in Section 3 of this ordinance the following additional sectio : --- - � � (b) That for the specification and application of the hereinafter prescribed and imposed regulations _ ` ��nd limitations on the height and bulk of buildings � and structures which may be, "erected or altered there- .� - in, said part of said H.eigY�t District III within said '" hereinabove described boundary lines of the same here- � by is divided into ,three separate and hereby estab- � �ished sectio.ns. ' � ' � • • ' .. I . .. , .. . � � � � , � . � ` . _ `. .:"' :.'..y. � •� _ •• .. • _ � (1) �� Section T�� I-�eight -District III� shall con- sist of all that part of the same which lies west of the west line of Cedar Street as said line of Cedar Street is produced from the north to the south bound- ary line of the aforedescribed part of Height District II. ' (2) Section��2, Height District III, shall con- sist of all that part of the same which lies east of said west line of Cedar Street produced as aforesaid and west of the west line of Minnesota Street produced from the nor�h to the south boundary line of the afore- described part of Height District III. �. .�'���� ;-� (3) Section 3, Height District III, shall con- _- sist of all that part of the same which lies east of • the west line of Minnesota Street produced as afore- said and west of the center line of Robert Street . produced from the north to the south boundary line of the afore-described part of Height District III. Section 5. The Zoning Code provisions of Chapter 61 of the Saint Paul Legislative Code be and the same hereby are amended by t�e insertion therein immediately following Section 61.04(b) as s�et out in Section 4 of this ordinance the following addi- � tional section: r iy . • �f � � �. . t. , . , R /�F ��� ' ♦ . /� ' • -----� . - . ,�`,�_ 4. - ������� , � (c) That in the various sections of Height Di trict III described above no building, structure, or�part of any building or structure shall be erected or altered except in conformity with the r��ulations herein prescribed for said established se tions of said Height District III. (1) Section l� Height District III In Section 1, Height District III, no building or st ucture shall be erected or altered to a height in e�cess of Elevation 90, City of Saint Paul datum. � (2) Section 2, Height -District III � In Section 2, Height District III, no building or s ructure shall be erected or altered to a height in e cess of Elevation 75, City of Saint Paul datum. (3) Section 3, Height District III In Section 3, Height District III, no building or s ructure shall be erected or altered to a height in eicess of Elevation 60, City of Saint Paul datum. Section 6. The Zoning Code provisions of Chapter 61 of the - �aint Paul Legislative Code, Section 61.05, be and hereby are amended� to read as follows : _ 61.05 Height District IV • . �.. .,,,,�. ,. . �. , � -- - - . (a) ;;�There shall be 'no restrictions as to the height oywhich a�ny building or structure may be erected or altered ��in Height District IV except in respect to any t�uilding or structure which may be erected or altered ' in that portion of said Height District IV which lies • w�ithin the following described boundary lines : �,� � � All that triangular portion of Height District . ._ IV established by Saint Paul Building Zone Ordinance �To. 5840 and shown on the zoning map made a part of � said ordinance� as enacted, which is bounded on the .; �orth by the center line of Kellogg Boulevard; on the � i ast by the center line of Robert Street produced from ' - �he center line of Kellogg Boulevard to the intersec- ' � �ion of said center line of Robert Street with the .. � � �said southerly line of said Height District IV on the � = • south and west by said southerly line of Height •_ , District IV, as said southerly line of Height District IV is extended from the intersection of the same with �� said center line of Robert Street westerly to the in- tersection of the same with the center line of Kellogg Boulevard at or adjacent to the west line of Wabasha Street produced .across Kellogg Boulevard. � i�-- Section 7. The Zoning Code provisions of Chapter 61 of the -- Saint Paul Legislative Code be and the same hereby are amended by _the insertion therein immediately following Section 61.05(a) as _ set o� t in Section 6 of this ordinance the following additional � ' ,' secti n: . � ,, , ,. - ' ' ,, � � - � - ':��. ° _ 2� ��`�� 5 �c�Fu, .. (b) That for the specification and application of the herein prescribed and imposed regulat'ions and li itations on the height and bulk of buildings and st uctures which may be erected or altered therein, sa�id part of Height District IV within said herein- described boundary lines of the same is hereby divided into three separate and hereby established sections. , I (1) Section 1, Height District IV, shaTl con- si�st of all that part of the same which lies west of the west line of Cedar Street as said line of Cedar Street i� produced fr.om the north to the south boundary line o�' .the aforedescribed part of Height District IV. (2) Section 2, Height District IV� shall con- s st of all that part of the same which lies east of " s � id west line of Cedar Street produced as aforesaid a�d west of the west line of Minnesota Street produced f om the north to the south boundary line of the afore- � d scribed part of Height District IV. • I (3) Section 3� Height District IV� shall con- s�st of all that part of the same which lies east of t e west line of Minnesota Street produced as aforesaid a�nd west of the center line of Robert Street produced from the north to the south boundary line of the afore- d�escribed part of Height District IV. Section 8. The Zoning Code provisions of Chapter 61 of the. Saint Paul Legislative Code be and the same--hex,eby--a-r-�e-�-am�ncl•ed by the in ertion therein immediately following Section.61.05(b)_Kas_. . • �Se't ou in Section '7 of ,this ordinanc.e 'the 'following additional . sectio : . '� ' , k - - � ;,�a�..�... w. r�: .t. . � � - - �� � __� _ ' � (c) That in the various sections of Height District IV described above no -building structure, or part of any building or structure shall be erected - ' br altered except in conformity with the regulations , . - herein prescribed for said established sections of � ,' . ' aid Height District IV. ' � ` . - , (1) �Section l, Height District IV . f � ° - M In Section 1,;�Height District IV, no building or structure shall be erected or altered to a height in excess of Elevation 90, City of Saint Paul datum. � (2) Section 2� Height District ZV In Section 2, Height District IV, no building or • structure shall be erected or altered to a height in , . excess of Elevation 75, City of Saint Paul datum. ; (3) Section 3, Height District IV , 'r � .�;�:�`' In Section 3, Height District IV, no building or :•r structure shall be erected or altered to a height in �. . excess of Elevation 60, City of Saint Paul datum. " � , �. . , . � , ; , � , - _ ` . I '•4 - �'r � C� �� , ' � 6. ���1'�!'P J� Section 9. The Zoning Code provisions of Chapter 61 of the Saint Paul Legislative Code be and the same hereby are amende by the insertion therein immediately following Section 61.06� the following additional section: �;. � 61.07 SAINT PAUL CITY DATUM . � Elevation 90, Elevation 75, Elevation 60, and El�evation 45� City of Saint Paul datum herein speci- fied shall be deemed to signify respectively 90 feet� 75, feet, 60 feet, and 45 feet above Elevation 0� City of Saint Paul datum. The Water Table incorporated i� the southeast corner of the present City Hall and CQ�urt House Building for the purpose of the applica- tion of said restrictions on the height of any such b�ilding or structure shall be deemed to represent Elevation 98•597, City of Saint Paul datum or 98• 597 f�et above Elevation 0, City of Saint Paul datum, - a�d to co nstitute an elevation of approximately 4 feet • in excess of the elev�tion of -the paved surface of the i�tersection of Kellogg Boulevard and Wabasha Street a�s in existence as of the effective date of this ordinance. � Siection 10. That the zoning map which constitutes a part of sai�d Zoning Code be amended in respect of its Height Districts to sho�r and designate thereon Secti,o,ns l,._2, and 3 -.of-�He�ight -•-��-:�'�:`�' `". Distr, ct. .III and Sections�-�'.1;• 2; -anc1°3 of Height District IV, �' - � which are established by�this ordinance and no building or struc- -. ture or part of any building or structure shall be erected or ,, • _ • . , altered' except in conformity with the regulations prescribed in � , - . .��- this �mendatory ordinance .for said established sections of Height � District III and Height District IV. ` - Section 11. The Zoning map which constitutes a part of the ', Zonin� Code of the City of Saint Paul be and hereby is amended in re�pect of its key height provisions so that as- the same ', appli�d to Height District III and Height District IV respectively the p ovision "No Restrictions" be revised to read "No restric- tions save for part_ rest�icted by Chapter 61, as amended." Section 12. The Zoning Code provisions of Chapter 61 of the SaintlPaul Legislative Code be and the same hereby are amended , by the insertion therein immediately following Section 61.07 as set o{�t in Section 9_. of this ordinance the following section: I r ' • � - _ 61.08 That neither Section 63.13 of the Saint � Paul Legislative Code nor any provisions of the same ' ' 'SYiall _in��any manner�� or degree be deemed to have any �application� to the °_e,rection of any building or struc- • � . - tur.e or part of any building or structure in Sections , _, L��;�2, and- 3, Height District III, or Sections 1, 2, and , ' j ` , 3;�;�ieight District -IV. - � . ' • � .� � - :� �- 4 .r '". r� ,y e ♦ I = • (. � ' ±Section 13. Sections 3, 4, 5, 6, 7,� 8, '9 and 12 of this ordinance shall be deemed a part of the Saint Paul Legislative • � Codeland shall be incorporated therein and given the appropriate chap�er and/or section numbers at the time of the next revision and rinting of said Legislative Code. _ � � :�r� i _ _ Q_ , O,riQInal to City I lerk „- � � � OR�DINANCE COUNCIL FILE NO. - � c�'���� PRESENTED�BY ORDINANCE NO /J I 7• , Seetion 14. This ordinance shall take effect and be in force t�hirty (30) days after its passage, approval and publica�tion. � � � � .-,. � . � Y w / � NOV 141967 Yeas Councilmen Nays Passed by the Councii Carlson � Dalglish �• 'j Holland Q In Favor �eredith a Against �•�.�'Pee��S�����.�Y�'IIe��:.o� APPro d: ��v 1 �i 196�' Attes a i a a�o Pr4s}�cat ( on) � • � � � � ty Clerk ��S�Q Mayor O Form approved Corporation Counsel By PUBLISHED NOV 181967 � ._ _ . a-��"sa TY An+Cod�b�Z � ' ���t �pa PAUL J. KELLY �223-5�2� • Q�''� THOMAS J.STE11RN5 � JON R. DUCKSTAD ' '�`� '' ARTHUR M. NELSON , �� ��ry ^c JEROME J.SEGAL ' THOMAS M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY ��i Autctant CITY OF SAINT PAUL GERA D HJ�S ANSONCK DANIEL A.KLAS GORDON C. MOOSBRUGGER Sp�clal AuistaM LEGAL DEPARTM ENT PAUL F. McCLOSKEY,JR. � 316 Ctt•y Hall. St. Paal. Mtonesofa 55102 , JOSEPH�P. SUMM RS Corporation Couns�l November 15 , 1967 Mr. Harry E. Marshall City Clerk City if Saint Paul Dear r. Marshall : On November 14th, the Council gave final approval to an Ordin n.ce amending the Kellogg Mall height restriction. In going through material on my desk, I discovered that the covering letter from me to the Mayor dated October 25th, which was submitted to the Mayor with this ordinance , had been inadvertently brought back by me from the Council meeting at which it was introduced. In order to provide a full record, I, would recommend that he letter of October 25th, together with this letter, be inserted in the file with the ordinance involved. Sincerely, �' ose h P. , S ers orporation Counsel JPS:b Attac ment �� } �ITY oa Ana Cod�612 Q$ ay GERALD A.ALFVEBY ���� 4 �� PAUL J. KELLY ° THOMIS J. STF�IRNS � r�`Y� ib JON R. DUCKSTAD �'� �� ~c ARTHUR M. NELSON JEROME J.SEGAL ROBERT E.O'CONNELL THOMAS M. MOONEY i'�"'=��e"' CITY OF SAINT PAUL ^M�wROENNEY M DANIEL A. KLAS Spiclal Assistant L'EGAL DEPARTM'ENT I316 C1t�y Hall, St. Paal, Minnesota 5b102 JOS�EPH P. SUMt�IERS Corpoiation Counsel October 25, 1g67 Mayor T omas R. Byrne CJity ofi Saint Paul Dear Mayor Byrne�: � II defending the City against a lawsuit in U. S. District Court c�.allenging the constitutionality of the Kellogg Mall height restriction ordinance, our office discovered _that the ordinance in question applies not only to the area between Wabasha and Robert Streets , which is popularly felt to constitute the "Mall, " but to properties located east of Robert Street now occupied by the Uniied States Post Office and by Farwell, Ozmun, Kirk, and Co . ITl�e properties in que stion, because of topographic a,nd other circums�a,n.ces , do in fact have access to Kellogg Boulevard and thus do not present the fire hazard and Shepard Road traffic con- gestion problems which justify the application of the ordinance to the �roperties located between Wabasha and Robert Streets . IF rthermore , examination of the minutes of the Council for Septemb�r 3, 1964, the date on which the resolution was adopted orderin this ordinance to be drafted, discloses that a representa- tive of�FOK was specifically told the ordinance would not affect that firm' s properties , and this appears to have been the intent and und �rstanding of the Council throughout the proceedings . � I In view of the lack of police power justification for appli- cation of this ordinance to the properties east of Robert Street, arid the relatively clear indication that the Council was operating under a �nistaken notion as to the geographical extent of this ordinance at the time of its adoption, I suggest that the ordinance at this �time be corrected so as to accurately reflect the Council ' s iritentions in the matter. IFo this purpose I have prepared an amendatory ordinance which is attached. In my opinion, this amendment would be in ' tY�e natu e of the correction of a manifest error, and no consents of abutt 'ng property owners need be obtained. Sincerel , r ose h P. ummers Corporatio Counsel � JP :bl �� � , . �v � _ � ' :� . � �� I st ' :,. i_�, ' 2nd Laid over to 3rd and app // � —.Adop+ed r/ / Yeas ! ' Nays Yeas Nays arlson \Carlson -- Dalglish `Dalglish � �Molland \Holland -w � 5���\ �eredith �� `Meredit � � � terson � fgFer58F�' �]'edesco � \Tedesco `� �I�..v ern'Y .4� .�.- r. President Byrne _�;;�Q��;�d'e�t_,By,�:ne� ;;;;;;;;;,�� �� iVlr. Vieo I';esid�nt {Yeterson)