221007OriFinal to City Clark
.y
L
ORDINAPiCE 221-007
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
AN ORDINANCE AMENDING THE SAINT PAUL
LEGISLATIVE CODE, CHAPTER 1482 AS AMENDED,
PERTAINING TO IMPOUNDING OF VEHICLES THIS
IS AN EMERGENCY ORDINANCE RENDERED NLESSARY
FOR THE PRESERVATION OF THE PUBLIC PEACE,
HEALTH AND SAFETY.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That Chapter 148 of the Saint Paul Legislative
Code, entitled "Impounding of Vehicles" be and the same hereby is
amended by deleting the present sections thereof, Sections 148.01
through 148.06, and substituting in lieu and in place thereof
the following sections under the chapter heading "Impoun.ding of
Vehicles':
148.01 Authority to Remove.
(a) Any vehicle, wherever found, in violation of the
ordinances of the City of Saint Paul or the laws of the
State of Minnesota, is hereby declared to be a nuisance
and the same may be summarily abated by or under the
direction or at the request of a police officer by removing
and impounding such vehicle, in a public pound, by means of
towing, or otherwise, and shall only be surrendered to the
duly identified owner thereof or his agent upon the payment
of the fees hereinafter provided.
(b) Any vehicle found upon the streets of the City of
Saint Paul in such a damaged condition as a result of an
accident or disrepair that it cannot be driven and is so
located as to constitute an obstruction of the street may
be removed and impounded, in a public pound, by the Police
Department, and shall only be surrendered to the duly
identified owner thereof or his agent upon the payment of
the fees hereinafter provided; provided, that if the owner
or operator thereof has requested, or does request, that
such vehicle be towed to his own or to any garage other
than the public pound, neither the Police Department nor
anyone else, shall order such vehicle to be impounded
in a public pound unless the Police Department condiders
possession of such vehicle necessary in the prosecution
of any person for violation of law.
148.02. Prosecution.
The impounding of a vehicle shall not prevent or preclude the
institution and prosecution of proceedings for violation of
law, in the Municipal Court or elsewhere, against the
owner or operator of such impounded vehicle.
148.03. Police to Notify Owner.
Yeas Councilmen Nays Passed by the Counc.1
Dalglish
Holland
Loss In Favor
Meredith
Peterson Against
Rosen
Mr.President (Vavoulis)
Approved:
Attest:
City Clerk a r
!ns e-oz Form approved Corporation Counsel By,
Page 2 . 221007
Within seven (7) calendar days after the impounding of
such vehicle, pursuant to Section 148.01, notice that
the vehicle has been impounded shall be given by the
Chief of Police to the owner thereof by either mailing
to the owner thereof at his last known address, as shown
by the records of the Secretary of State, a written
notice of such impoundment, or by publication at least
once within seven (7) calendar days following the date
of said impoundment in a legal newspaper within the City
of Saint Paul of a notice V t n in the license
number of the vehicle, tvR 04? , and the
name and type of automobile. In the event the owner of
said impounded vehicle be unknown notice shall be given
by publication.
148.04. Bids for Pound Keepers.
The Purchasing Agent shall advertise for bids by
persons, firms or corporations desiring to act as
pound keepers of vehicles impounded under the pro-
visions of this Chapter. The publication of notice
for such bids, the filing of bids, and the procedure
in the acceptance of such bids shall be in accordance
with the provisions of the Charter and the procedures
of the Purchasing Department. Such bids shall be
referred to the Council of the City of Saint Paul and
by it considered. The notice for such bids shall
recite the reservation of the right to reject any
and all bids. After the acceptance of said bids and
the designation of the pound keeper, any vehicle
ordered to be impounded shall be immediately taken
charge of by the pound keeper, and said vehicle shall
only be released to the duly identified owner thereof
or his agent after payment of fees required in this
Chapter.
148.05. Bond.
The person, firm or corporation whose bid is accepted
shall furnish to the City of Saint Paul sufficient
corporate surety bond conditioned to comply with all
the terms of this Chapter and the terms of the bid
proposal and conditioned upon the proper handling and
safe keeping of impounded vehicles, accessories and
personal property, reimbursement of the City and owners
for loss thereof, and to guarantee payment to the City
of fees due under its contract; that such bond shall be
in such form as may be approved by the Corporation Counsel,
and shall have such surety as may be approved by the
Commissioner of Finance, and shall be filed in the
Office of the Comptroller of the City of Saint Paul.
148.06. Liability and Property Damage Insurance.
The pound keeper shall carry liability, property damage
and fire insurance, which shall contain coverage in
an amount of not less than One Hundred Thousand Dollars
($100,000.00) to any one person and not less than
Three Hundred Thousand Dollars ($300,000.00) total in
any one accident, and not less than Fifty Thousand
Dollars ($50,000.00) fire and property damage coverage,
Page 3. 221007
d
and which shall contain a clause rovidin for a D
p g
ten day notice to the City before cancellation, and
to file evidence of said coverage with the Comptroller
of the City of Saint Paul in form approved by the
Corporation Counsel. If bond or policy of insurance
is cancelled, the pound keeper, before date of
cancellation, shall furnish and file a similar new
policy. Failure to comply with the provisions hereof
shall automatically cancel the contract as of the date
of the cessation of such liability, property damage
and fire insurance.
148.07. Towing and Storage-Charges.
The towing charge in connection with the impounding of
any vehicle shall not exceed the amount agreed upon
in any current contract between the City and a duly
licensed poundl-keeper, a true and correct copy of which
shall be on file in the Office of the City Purchasing
Agent for public inspection and reference, and the
schedule of charges of such current contract is
hereby made a part of this Chapter as fully and to the
same effect as if set forth herein verbatim. The said
towing charges shall include the sum of Two Dollars
($2.00) clerical and administrative expenses incurred
by the City. Storage charge for the day of impounding
and for each succeeding day thereafter shall be
Fifty Cents (50¢).
148.08. Charge When Operator Appears Before Towing..
Where a police officer has tagged a vehicle to be
impounded, and where the owner or operator thereof
appears before the tagged vehicle has been hooked to
the tow truck and the wheels thereof hoisted from the
ground, the tow truck operator shall release the said
vehicle without the payment of any fee or towing
charge. Where the tow truck operator has any such
vehicle on the hoist and the wheels thereof raised
from the ground before the owner or operator thereof
appears, he shall release the same upon the payment of
a service fee not to exceed the amount agreed upon in
any current contract between the City and a duly
licensed pound keeper as provided herein, and shall
give a receipt for such payment.
148.09. Release of Vehicles.
(a) Before the owner or his agent shall be permitted
to remove such vehicle impounded pursuant to Section
148.01, he shall furnish satisfactory evidence of his
identity and ownership of said vehicle, he shall pay
such fees for the towing and storage of said vehicle
as set out in this chapter, and he shall sign a
written receipt br said vehicle. It shall be unlawful
for any person to reclaim such vehicle so impounded
without first paying all of said towing and storage
fees provided herein.
(b) The pound keeper shall not release vehicles
designated as ,-a police "hold" without a written release
Page 4.
221 007
thereof from the Chief of Police or his authorized
representative.
148.10. Release Form.
Upon the return;of tYn vehicle the pound keeper shall
release the same by a release, in such form as approved
by the Commissioner of Public Safety, in writing, which
form shall state the date of such release together
with the charges enumbrated thereon and the purpose
for which such charges were made. Such release shall
be made in one original and three copies, all of which
shall be signed by the pound keeper and the person
to whom such release is made. The pound keeper shall
retain the original of such release and shall deliver
one copy thereof to the owner of the vehicle and two
copies to the Police Department, one of which copies
shall be delivered to the Accountant for the Depart-
ment of Public Safety.
148.11. Storage of Impounded Vehicles.
Any vehicle directed to be impounded as herein pro-
vided, from the time it is taken possession of by the
pound keeper and during the time it is impounded, and
until the same is released to the owner or his agent,
as herein provided, shall be considered to be in the
custody of the law, and no work shall be done thereon
by the pound keeper, nor shall he permit anyone to do
any work thereon except the impounding and storage
thereof by his employees or his agents, until such
vehicle has been released to the owner or his agent
as herein provided. All such vehicles shall be
released to the owner or his agent without other
charge than the impounding and storage fees herein
provided. The pound keeper, during the time the
vehicle is impounded, shall not permit the owner
or any other person to take or remove from the vehicle
any part or parts, or change or repair any part or
parts.
148.12. Sale of Vehicle.
If at the expiration of thirty (30) days after mailing
or publishing the notice provided for in Section 148.03
such vehicle is not redeemed by the owner or his agent,
the Commissioner of Public Safety, by and through the
Purchasing Agent of this City, shall proceed to sell
the same by sealed bid or by public auction, after
first giving notice of such gale in a legal newspaper
within the City of Saint Paul, said notice to be
published not less than ten (10) days prior to the
date of such sale asaforesaid, and said notice of sale
to include therein the time and place of such sale,
stating further whether such sale shall be by sealed
bid or by public auction or both. Records stating,
j re so le perta nt the manufacturer's trade name
icTt�c PLY ber, ownership, if available
from the records of the Secretary of State, shall be
kept and available for public inspection at the place
of sale. Determination of whether the sale shall be by
Page 5.
221 -007
sealed bid or by public auction shall be left to the
discretion of the Purchasing Agent and the Commissioner
of Public Safety, or agents or either.
148.13. Abatement.
Subject to the approval of the Council by Resolution,
the Commissioner of Public Safety shall have the power
to abate such towing and storage charges.
148.14. Report of Police 8fficer.
Any'police officer or officers directing the impounding
of any vehicle shall prepare a written report of the
description of such vehicle, which report shall, among
other things, ivn i i�Ji$'Qpnumbeake of the car;
license number;; number of tires; tools and
other separate articles of personal property; general
descriptions of the vehicle with regard to the con-
dition; damaged parts, and such, and other information
as may be necessary to adequately describe the vehicle
and property delivered to the pound keeper. A copy of
such report, signed by the officer or officers, shall
be delivered to the pound keeper at the time of impounding
and the pound keeper shall receipt for such report and
shall check such report, and his signature thereon shall
be considered a receipt for the vehicle and property des-
cribed in said report. The original of said report, to-
gether with a duplicate of the pound keeper's receipt,
shall be filed in the Police Department.
148.15. Records.
The Police Department shall keep a record of all ve cl�s
impounded by manufacturer's trade name or make, e entt ona
and license numbers, the names of the owners of such
vehicles, and of all persons claiming the same, and
such other descriptive matter as may identify such
vehicles, the nature and circumstances of the impound-
ing thereof, and the violation, if any, on account of
which such vehicles were impounded.
148.16. Chapter to be Included in Bid.
This chapter shall be and constitute part of any bid
advertised by the Purchasing Agent and of any contract
entered into with the City by any pound keeper, as fully
and to the same effect as if set forth at length in
said contract; and if any part or portion of any such
contract entered into shall be inconsistent with the
terms of this Chapter, the provisions hereof shall in
all respects prevail.
7 , orizinel to City Clerk
AL f
ORDINAPiCE 221.007
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
Page 6.
Section 2. This ordinance is hereby declared to be
an emergency ordinance rendered necessary for the preservation
of the public peace, health and safety.
Section 3. This ordinance shall take effect and be in
force upon its passage, approval and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss O
Meredith
Peterson
Rosen
Mr.President (Vavoul' )
Attest: '-� '--) n 0
City Cler
IM "2 Form approved Corporation Counsel By
DEC 241964
Passed by the Council
In T Favor
V A m—i .4-
DEC 24 1964
1
Mayor
PUBLISHED
DEC 26 1964
City of Saint Paul, Minnesota
PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE
The signer should appraise himself of the uses permitted
under the new classification before signing this petition.
For further information about the re- zoning of property, o
call the Board of Zoning Office Ca. 4 -4612, Ext. 251.
(Please type or print)
Date: November 2,1964
TO THE HONORABLE MAYOR AND CITY COUNCIL
% the City Clerk
City of Saint Paul, Minnesota
Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two -
thirds of the several descriptions of real estate situated within 100 feet of the
real estate affected, hereby acquiesce; and we, the owners of 50% or more of the
frontage to be reclassified, petition your Honorable Body to rezone the following
described property: (legal description and street address) Block 20, exce qDt
LOts 1 through 9 thereof, Battle Creek Heights Plat 3; and Block 16, Battle Creek
Hei hts Plat 2 and Lots 9_ th u 13, Block 21, Battle Creek Heights Plat 3
fro a �y},uny��,�1' District to a number Hei ht District,
for the purpose of install g, constructing and /or operati g the following:
(describe briefly the proposed facility) an apartment qomplex including a
number of "highrise" components
RIRMRD OWNER SWWATTM LnT RTPCK ADDITION
Battle Creek Develop-
Creek Heig
ment ompany, a cor-
oration
Lots 9 thru
13
_
21
Plat 3
Battle Creek He' '
6
Plat 3
Battle Creek Hei
Battle Creek Develo
Plat 2
m ent Company
By
Cortland J. Si er,
ice
eside
t
azaze v= ma.nner�vtia�
County of Ramsey )ss
Rirharrl R_ Ryan being first duly sworn, deposes and states
that he is the person who circulated the within petition consisting of two
pages; that the parties described above are the owners respectively of the lots
placed immediately following each name; that this petition was signed by each of
said owners in the presence of this affiant, and that the signatures above are
the true and correct signatures of each and all of the parties so described.
Subscribed and sworn to before me
64
t s ay f r
a tb i , , Minri.
My Commission expires jr
ETHEL H. ANDERSON
N @t@ry Public, Dakota CoOrity, Minn,
My Cgrnmission Expires Mar. 3, 1971 .'
Z -1' 7/2/54
Page _ `' of pages.
Approved as to form 7/2/54
Office of the'Corporation Counsel
4
S
Lt s
its
its
s -
City of Saint Paul, Minnesota
:',• `:; ~f., ",.Pursuant• to Section 23, Ordinance 5840, we, the undersigned owners of two-
thirds of'.the several descriptions of real estate situated within 100 feet of the
real estate affected, hereby acquiesce; and we, the owners of 50°fo or more of the :
frontage - to •be reclassified,' petition your Honorable Body to rezone the following'
described property: (legal description and street address) Block 20, except
"'''- Lots 1 .-through 9- thereof, Battle Creek Heights Plat 3; and Block 16, Battle Creek 3.
Heights Plat 2; --and Lots 9 thru 13, Block 21, Battle Creek Heights Plat 3
-from a 'number T Height District to a number Hei District,
for'the purpose of installing, constructing and /or operatin the following: ` }:
;• (describe briefly the proposed facility) C$ �E �� ;;' "•
'RECORD OWNER SIGNATURE LOT BLOCK ADDITION
3,1 -
9 Battle 'Creek Hei
Plat 2
- 15 Battle Creek Hei
_- Plat
City of Saint Paul 17 Battle Creek 'Hei g
Plat 2
18 Battle Creek Hei
Plat 2
" 1 21 Battle Creek Hei
Plat 3
Citv of aint Paul
Geo. 41. Vavoulis Mayor
hts
bts
hts „ t'
= •JF .i
hts
hts
a. .
- State of Minnesota)
County of Ramsey )ss .;.
Richard -B. Ryan being first duly sworn,-deposes and states
�:-•' _'. that he is the person who circulated the within petition consisting of two
3: ..
-. pages; that the parties described above are the owners respectively of the lots
_? - placed immediately following each name; that this-petition was signed by each of
said owners in the presence of this affiant, and that the signatures above are
the true and correct signatures of each and all of the parties so described.
`• '. _ Subscribed and-'sworn to before me
-yth:. 3rd - - aY f Novemb OT G�yti •; _`:,', ': '
No b C's Minn. a.
,
±;t,",
rMy, Commission 'l - Page 2 of pages.
} cif , - _ 2 a es.
ETHEL H. ANDERSON'. -
.ti:, _F } Approved as to form 7/2/54
' 7
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' 1
1'• _ City of Saint Paul, Minnesota
•PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE
The-signer should appraise himself of the uses permitted
` u
under the new classification before signing -this petition. :
:=
' -For further information about the re- zoning of property,,
° '
- `call -the Board of Zoning .Office Ca. 4 -4612, Ext'. .251. °
' ." �L .••t
I' (Please type or print) . r
r,. , ; '; f �,l
•Date: November 3,.,1964;
TO THE HONORABLE MAYOR: AND CITY COUNCIL
% -the City Clerk
3,1 -
9 Battle 'Creek Hei
Plat 2
- 15 Battle Creek Hei
_- Plat
City of Saint Paul 17 Battle Creek 'Hei g
Plat 2
18 Battle Creek Hei
Plat 2
" 1 21 Battle Creek Hei
Plat 3
Citv of aint Paul
Geo. 41. Vavoulis Mayor
hts
bts
hts „ t'
= •JF .i
hts
hts
a. .
- State of Minnesota)
County of Ramsey )ss .;.
Richard -B. Ryan being first duly sworn,-deposes and states
�:-•' _'. that he is the person who circulated the within petition consisting of two
3: ..
-. pages; that the parties described above are the owners respectively of the lots
_? - placed immediately following each name; that this-petition was signed by each of
said owners in the presence of this affiant, and that the signatures above are
the true and correct signatures of each and all of the parties so described.
`• '. _ Subscribed and-'sworn to before me
-yth:. 3rd - - aY f Novemb OT G�yti •; _`:,', ': '
No b C's Minn. a.
,
±;t,",
rMy, Commission 'l - Page 2 of pages.
} cif , - _ 2 a es.
ETHEL H. ANDERSON'. -
.ti:, _F } Approved as to form 7/2/54
' 7
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hts
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= •JF .i
hts
hts
a. .
- State of Minnesota)
County of Ramsey )ss .;.
Richard -B. Ryan being first duly sworn,-deposes and states
�:-•' _'. that he is the person who circulated the within petition consisting of two
3: ..
-. pages; that the parties described above are the owners respectively of the lots
_? - placed immediately following each name; that this-petition was signed by each of
said owners in the presence of this affiant, and that the signatures above are
the true and correct signatures of each and all of the parties so described.
`• '. _ Subscribed and-'sworn to before me
-yth:. 3rd - - aY f Novemb OT G�yti •; _`:,', ': '
No b C's Minn. a.
,
±;t,",
rMy, Commission 'l - Page 2 of pages.
} cif , - _ 2 a es.
ETHEL H. ANDERSON'. -
.ti:, _F } Approved as to form 7/2/54
' 7
.N'otar�! Publ[c, Dakota County,'Minn. Office of the Corporation Counsel
r
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• A
UPP-THOMSSIH CO.
November 13, 1964
REALTORS • 605 Minnesota Building • St. Paul 1, Minnesota - 222 -7311
Mr. James J. Dalglish
Commissioner of Finance
Department of Finance
113 Court House
St. Paul, Minn. 55102
Dear Sir:
We acknowledge receipt of notice on File 16650. Page 5
and Page 6, with a hearing to be held on November 19th
on the advisability of re— districting Height District I
to Height District II for properties described in the
notice.
As the owners of adjoining property we heartily concur
in the desire to change this height restriction and
commend the action as a forward looking one in this
rapidly growing area.
Sincerely,
CETEM REALTY CORPORATION
AND CLAPP— THOMSSEN COMPANY
by#Ri.H. h om ssen
CITY OF SAINT PAUL
MINNESOTA
DEPARTMENT OF FINANCE
113 Court House 55102
November 6, 1964
File 16650 Page
You are hereby notified that a public hearing will be held in the
Council Chambers of the City Hall and Court House at 10:00 a.m.
on November 19, 1964, on the advisability of re- districting from
Height District I to Height District II for the purpose of con-
structing an apartment complex including a number of highrise
components on the following described property: Except Lots 1
through 9, Block 20 and Lots 9 through 13, Block 21, Battle Creek
Heights Plat #3 and Block 16, Battle Creek Heights Plat #2. The
property is surrounded by Burns Avenue, McKnights North Park Drive
and Ruth Street.
Fur further information call bt Room 1315 Court House or phone
224 -4612, Extension 251.
JAMES J. DALGLISH
Commissioner of Finance
CIRPP THOMSSER
CO. REALTORS • 605 Minnesota Building • St. Paul 1, Minnesota • 222 -7311
November 13, 1964
Mr. James J. Dalglish
Commissioner of Finance
Department of Finance
113 Court House
St. Paul, Minn. 55102
Dear Sir:
We acknowledge receipt of notice on File 16650 -,Page 5
and Page 6, with a hearing to be hel od n November 19th
on the advisability of re— districting Height District I
to Height District II for properties described in the
notice.
As the owners of adjoining property we heartily concur
In the desire to change this height restriction and
commend the action as a forward looking one in this
rapidly growing area.
Sincerely,
CETEM REALTY CORPORATION
AND CLAPP— THOMSSEN COMPANY
by: R. 1i, homssen
DEPARTMENT OF FINANCE
CITY OF SAINT PAUL
MINNESOTA
113 Court House, 55102
JAMES J. DALGLISH, Commissioner
Phone: 224.4612
THOMAS J. KELLEY, Deputy Commissioner Ed. 343 -344
November 3, 1964
To the Council
City of Saint Paul
Gentlemen:
I have checked the attached petition, filed in the matter
of re- districting
Except Lots 1 through 9, Block 20, and Lots 9
through 13, Block 21, Battle Creek Heights Plat
#3, and Block 16, Battle Creek Heights Plat #2.
The property is located surrounded by Burns,_
McRnights North Park Drive and Winthrop Street,
from a number 111L11 Height District to a number "II" Height
District, and find that s d petition is sufficient.
ours ery V awes J. D
Commissioner of Finance
Re: 16650
c.c. Mr. Ames
City Architect
Zoning Board
as
221 007
0� v
R^
Ist
2nd
Laid over to
3rd and app . — Adopted
Yeas Nays Yeas Nays
:��alglish alglish
olland olland
Eoss !, � Loss
��< Meredith ^'�V, Meredith i
Peterson Peterson
osen Rosen
Mr. President Vavoulis Mr. President Vavoulis