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Home My WebLink About1494 - ADMIN Ordinance - City Council - 1981/02/02ORDINANCE NO. 1494 AN ORDINANCE RELATING TO THE PARKING OF TOW TRUCKS ON OR NEAR RESIDENTIAL USE DISTRICT PROPERTIES: AMENDING ST. LOUIS PARK ORDINANCE CODE, SECTION 10-317(2) THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. The St. Louis Park Ordinance Code, Section 10-317(2) is amended to read: (2) Unlawful parking. Except when loading, unloading or rendering service, it is unlawful for any person owning, driving or in charge of a motor vehicle to cause or permit within any residential use district (a) the parking on any public or private property outside of an enclosed structure of more than one tow truck per residential unit, or (b) the parking on any public or private property or the storage within any enclosed structure of any com- mercial bus, tractor, truck tractor or tractor trailer combination or of any motor vehicle in excess of 9,000 lbs. gross vehicle weight or in excess of 22 feet in length. Section 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than $500.00 or by imprisonment for not to exceed 90 days, or both. Section 3. Effective Date. This ordinance shall take effect 15 days after its publication. Attest: Adopted by the City Council February 2, 1981 5Jezeili /A.,, /7eg,,J Mayor Reviewed for administration: Approved as to form and legality: City A£orney r'' • TO: City Council THROUGH: James L. Brimever FROM: Sharon G. Klumpp SUBJECT: Ordinance relating to parking of tow trucks December 1, 1930 8c) On July 21, 1980 the City Council received a petition from residents in the vicinity of the 2300 block of Sumter Avenue regarding the operation of a "towing business." After hearing objections of the residents to the presence of this towing operation, Council referred the matter to staff for research and advised staff to enlist the assistance of the City Attorney's office. Staff has reviewed this problem and finds that similar problems occur in various neighborhoods throughout the City. The problem appears to be that the presence of tow trucks in residential neighborhoods creates a nuisance to the adjacent properties. Therefore, an ordinance has been prepared which governs the parking of tow trucks on or near residential properties. The proposed ordinance would amend Section 10-317(2) of the St. Louis Park Ordinahce Code and would prohibit any tow truck from being parked or continuously standing on any public or private property within any residential use district except when rendering a service. RECOMMENDATION: It is recommended that first reading of tle proposed ordinance be waived and that second reading be set for December 15, 1980. AN ORDINANCE RELATING TO THE PARKING OF TOW TRUCKS ON OR NEAR RESIDENTIAL USE DISTRICT PROPERTIES: AMENDING ST. LOUIS PARK ORDINANCE CODE, SECTION 10-317(2) THE CITY COUNCIL OF ST. LOUIS PARK QRDAINS: February 2, 1981 8a Section 1. The St. Louis Park Ordinance Code, Section 10-317(2) is amended to read: (2) Unlawful parking. Except when loading, unloading or rendering service, (i)t is unlawful for any person owning, driving or in charge of a motor vehicle to cause or permit the parking er eeet*Rweus-stag n9_€el-mere-thaR_fewr-bees on any public or private property within any residential use district of: (a) any commercial bus, tractor, truck tractor or tractor trailer combination eR-any-peb4e-er-pri•vate-preperty-w4tM R-aRy res}denti.al-ese-distx}et;-er (b) any motor vehicle in excess of 9,000 lbs. gross vehicle weight or in excess of 22 feet in length; or (c) more than one tow truck outside of an enclosed structure. Section 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than $500.00 or by imprisonment for not to exceed 90 days, or both. Section 3. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council February , 1981 Mayor Attest: City Clerk Reviewed for administration: Approved as to form and legality: City Manager City Attorney 1 (iii) Notice of Injury - Failure to Report. An employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, however minor; to his supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. (e) Severance Pay. Severance pay as authorized in Minnesota Statutes, Section 465.72, shall be granted to all permanent _full-time employees in accordance with the following provisions effective January 1, 1981'. (i) Qualifications Required. To qualify for severance pay, an employee shall have: separated from service; had at least twenty (20) years' continuous service with the City, and must leave the City in good standing after submitting proper notice. (ii) Method of Payment. After termination of employment with the City, a qualified employee will be reimbursed for one-third (1/3) of accrued sick leave as earned in Section 3-602(a), computed at his base rate of pay at time of termination of employment to a maximum of forty (40) days. (Twenty days for firefighters). (iii) Plan for Full Funding. To comply with Minnesota Statutes, Section 465.721, funds to finance severance payments will be provided for in the annual City budget. (f) Proof Required. In order to be eligible for sick leave pay, an employee must: (i) Report promptly to his department head the reason for his absence. (ii) Keep his department head informed of his condition if the absence is of more than three working days' duration. (iii) Submit a medical certificate for any absence exceeding three working days if required by the City Manager. 52 (g) Penalty_. Claiming sick leave when physically and mentally fit except as permitted in this section may he cause for disciplinary action including transfer, suspension, demotion or dismissal. (h) No Terminal Sick Leave. No sick leave benefits of any kind shall be granted upon termination of employment except as provided for in Section 3-602 (4.(e). Sick Leave Incentive Program. Provision for a Sick Leave Incentive Program for officers arid employees or the Lity may be made by resolution of the Liiy Louncil. Section 3_-603. Accr_ua)_During Leave. Employees using earned vacation leave or sick leave shall he considered to he working for the purpose of accumulating additional vacation leave or sick leave. Section 3-604. Military Leave. All officers and employees who: (1) (1) Are members of the National Guard, the naval militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or (2) Are members of the Officers Reserve Corps of the United Slates of America or of the Enlisted Reserve Corps, or the Naval Reserve, the Marine Corps Reserve, qr any other component of the military or naval forces of the United States now or hereafter organized or constituted under federal law shall be entitled to leave of absence with full regular pay in addition to military pay for the period of such active service for which he is ordered by proper authority to repnrt not to exceed fifteen (15) calendar days in any calendar year. This shall be provided that such required military or naval service is satisfactorily performed and the officer or employee returns to his position immediately on being relieved from such service and not later than the time herein limited for such leave except when prevented from so returning by physical or mental disability or other cause not due to his own fault and except when required by proper authority to continue in such service beyond the time herein limited for such leave. During this period, the employee shall retain the status, vacation, sick leave and other benefits to which he was initially entitled. 1 1 53 January 1980 Sec. 2. This ordinance shall take effect January 1, 1981 Adopted by the City Council February 2, 1981. Reviewed for administration: Apd as to fopand legality: sem_•_ ;ity Manager SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. L I' UIS PARK SUN 924 Excelsior Avenue West State of Minnesota County of Hennepin Hopkins, Minnnesota D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once every week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisement (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance NO. 1494 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks, that it was first so published on Wed •the 11th' day of Feb. 19 81 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit abcdefghi) klmnopgrsluvwxyz Subscribed and sworn to before me this / /1 41,,lJ/ .' llth. day of Feb. 19_ 81 MERIDEL M. HEDBLOM ..-- NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 (Official Publication) ORDINANCE NO 1494 AN ORDINANCE RELATING TO THE PARKING' OF TOW TRUCKS ON OR NEAR RESIDENTIAL USE DISTRICT PROPERTIES AMENDING ST LOUIS PARK ORDINANCE CODE, SECTION 10-317(2) THE CITY OF ST LOUIS PARK ORDAINS Section 1 The St Louis Park Or- dinance Code, Section 10-317(2) is amended to read (2) Unlawful parking Except when loading, unloading or rendering service, it is unlawful for any person owning, driving or In charge of a motor vehicle to cause or permit within any resi- dential use district (a) the.park- ing on any public or, private property outside of an enclosed structure oflmore than one tow truck per residential unit, or (b) the parking on any public or private property or the storage within any enclosed structure of any commercial bus, tractor, truck tractor or tractor trailer combination or of any motor vehible in excess of 9,000 lbs gross vehicle weight or in ex- cess of 22 feet irr length Section 2 Penalty Any person vio- lating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than $500 00 or by imprisonment for not to exceed 90 days; or both Section 3 Effective Date This or- dinance shall take effect 15 days after 110 publication Adopted by the City Councd'Febru- ary 2, 1981 (s)-PHYLLIS McQUAID Mayor Attest (s) EARL E HANSON • City Clerk Reviewed for administration (s) JAMES L BRIMEYER City Manager 7 Approved as to form and leglility (s) WAYNE G POPHAM City Attorney (Feb 11, 1981) -SLP