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01-1216oR��Na� Councfl File # e � . � �.��. Green Sheet # 110342 RESOLUTION CITY OF SAINT PAUL, MfN[�tESOTA oib Presented by_ Referred To Committee Date WT the Legislative Aearing Officer recommends that license application (ID # 20010003421) for Fad Auto, DBA Alpha Auto Sales, 1202 Dale Street North, be approved with the following conditions: 1) The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerJemployee pazking spaces (one shall be designated and marked for handicapped parking) as indicated on the approved site plan on file with LIEP. 3) Provide maneuvering space on the properiy to allow vehicles entering and exiting the site to proceed forward as indicated on the approved site plan. Backing from the street ar onto the street from the property is forbidden. 4) The building shall be painted and maintained in good condition. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped area and four medium sized trees shall be installed along the sidewalk on Dale street. 5) There will be no exterior storage of inoperable vehicles. 6) There will be no exterior storage of vehicle parts, tires, oil, batteries ar similar items. All trash must be stored in a covered dumpster or indoors. 7) All vehicles parking outdoors on the lot must appeaz to be completely assembled with no major body parts missing. Vehicle salvage or repair are not perxnitted. 8) Vehicles intended for sale aze prohibited from being parked on any street or projecting over a public right- of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must compiy with all federal, state, and locallaws. 11) The two curb cuts ciosest to the intersecrion (one on Dale and one on Maryland) shall be closed immediately. The drive aprons must be removed and the curb and gutter must be installed according to City specificafions under pernut from the Department of Public Warks. The curb cut removal and street restoration work must be completed by June 1, 2002. 12) No auto body repair is allowed. 13) Customer vehicles must not be parked longer than 10 days on the premises. 14) All signs must conform to the zoning code standazd. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP determine the removai or establishment of signs. All work must be done by June 1, 2002. 15) Lighting on the site shall conform to the standards outlined in Section 62.110 of the Zoning Code. 16) The business shall open no earlier than 8 a.m. and close no later than 8 p.m. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves ttus license application with the aforementioned conditions. ALFHA AUTO SALES Green Sheet 110342 D 1 -�a•ite � ^�E`a! Sy I �i'� � \ �t �� i��4 �e Yeas Na s Absent Blakey �/ Coleman f Harris f Benanav f Reiter � Bostrom �- Lantry �..-� ''l 6 0 Requested by Depamnent of: � Form Approved by City Attorney � Adopted by Council: Date ''��w �,` avo � Approved by Mayor for Submission to Council Adoption Certified by Council Secretary BY� ��. S `{� —1.�=�� By. Approved by Mayor: Date - �i/' %// I// ��//// 2 c City Council Offices oare wrtarEo xov, s, Zooi GREEN SHEET o � .�s.�� N� 110342 Gerry Strathman, 266-8560 u�„�„��,� U IUST BE ON COUNCILAGENDA BY (DAT� ASu1GN NUYBERFOR CfiYAiTORIFY tlIYCLFRK ROUi1HG ORDER ❑AIN1nRtsFrtVICESOIM1 � ❑A1411ClLLaF0.YraCCT4__ ❑ Y0.YORfOR��lNT1 ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SiGNATURE) CTION RE�UESTm � Approving application with conditions for a Second Hand Dealer—Motor Vehicle License by Fad Auto, DBA Alpha Auto Sales, 1202 Dale Street North. PLANNWG COMMISSION C18 COM6AITfEE CIVIL SERVICE COMMISSION What. When, IF APPROVED � IFAPPROVED Has this C�Mmm everworked untler a contrect tor this tleparfmeM"1 VES NO Has this Pe«��m ever 6een a ciry empbyee? YES NO Ooes this persoM�m possesc a sldll twt �amallypossessstl by anY artent cRy empWYee'i YES NO kthis PefsaUfirmatar0etedventlWl YES NO �lain all ves answers on sena�afe sheet and attach to areen sheet Council Research CeMer �dC�V � � 20� f FUNDING 50URCE - lN4NCW.INFORMA710N (IXPWN) CAST/REVENUE eUDGE7ED (GRCLE ON� � YES ACTNISY NUMBER NO Y t> 1 —\s.�l. NIINLT'TE3 OF TE� LEGISLA'TIVE HEARING ALPHA AUTO SALES - 1202 Dale Street North Thursday, November l, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Jeff Hawkius, License, Inspecrions, Environmental Protection (LIEP); Kristine Schweinier, LIEP The meeting was called to order at 10:03 a.m. Gerry Strathman stated this hearing is being held to hear objections that have been raised to the issuance of a license to Fad Auto, doing business as Alpha Auto Sales, 1202 Dale Street North. Kristine Schweinler reported this license application is for a Second Hand Aealer-Motor Vehicle License. LIEP recommends approval wlth the following caveats: 1) the owner needs a state dealers license number, 2) there are 16 conditions addressed on the special condition use pernut for this properiy. Carol Kusnierek, 54 Geranium Avenue West, Vice Chair of District 6 Pianning Council, Chair of their Land Use Council, appeared and stated the Land Use Council voted to deny the license. The principal concern is that it will be difficult to properly monitor this location with two independent licensees. They do not understand how the two businesses--used car sales and auto detailing--will interact with each other. Also, they don't know if the respective businesses are leased separately from the owner of the property or if one tenant is a subiease of the other. There is an ongoing concern that the number of cars offered for sale exceed the permitted five cars for sale because there are 18 spaces allocated for parking on the lot. License condifions on such operations haue been violated in the North End area. Neighbors have been disturbed this sununer about the sale of items on the site as kind of an open air mazket. Monitoring ttus situation would be difficult for the City and the community. Mr. Strathman stated the letter from Kathy Cole, District 6 Plamiiug Council, reads that they would like the parking lot repaved. Ms. Kusnierek responded that is a condition that they would like attached to the license if it is approved. Mr. Strathman asked is that currently a condition. Ms. Schweinler responded no, but the lot has to be maintained. Jeff Hawkins responded an approved site plan was included in the special condition use pernut. The lot has to be striped and landscaped according to the approved site plan by 7une 1, 2002. Has he seen the surface, asked Mr. Strathuian. Mr. Hawkins responded he has been out there and so have other enforcement officers. The lot is not beauti£ul, but it is not in disarray. Structuraliy, it is fine. There is not a lot of erosion at this time. Mr. Strathman stated there are a lot of conditions here. He asked are they new. Pvlr. Hawkins responded the amount of the conditions are because of the special nature of which the tenants and 0�—�� LEGISLATIVE HEARING - ALPHA AUTO SALES - November 1, 2001 Page 2 owner applied. They are combining auto detailing, auto repair, and auto sales on the same lot. The Planuing Commission conditioned it emphatically because there will be three tenants. Mr. Strathman asked have the condirions been in piace for a while and ha�e they been adhered to. Mr. Hawkins responded they have been in place since June. There was a complaint about a flee market at the site. 7eff Fishbach (LIEP) spoke to the tenants and e�lained they cannot do that there. He went over the special condition use permit and gave them until September 4 to block off the curb cuts, although they do not have to be closed until June i, 2002. Are there any actions pending against the license, asked Mr. Strathman. Mr. Hawkins responded no. Kathy Cole, Execufive Director of District 6 Plazuliug Council, appeared and asked does it happen often that there is a small lot with three business licenses. Ms. Schweinier responded it does not happen often. The only business operating at this location currentiy is the car detailing. Ms. Cole asked aze they both leasing from the property owner or is one a sublease of the other. N1r. Hawkins responded they can make a condirion that LIEP sees a copy of the lease. Also, not only will the tenants be responsible, but the owner wiil be held responsible. The owner was advised on this when they went in for the special condition use pernut. Repaving could have been addressed to the Planniug Commission at that time. Olaniyi Fudahunsi, owner, appeared and stated he is the owner of just the auto sales. The flee market was in error; it will not happen again. They are responsible business people. They know they have to keep the properry clean. Auto sales will be on one side and the auto detailing will be on the other side of the lot. The cars for detailing will be leaving on a daily basis. The business will not be rowdy. Mr. Strathman stated there are a lot of conditions here. He asked is the owner in agreement with the 16 conditions and willing to comply. Mr. Fudahunsi responded yes. None of the conditions are difficult to compiy with. They have no intention of violating any of them. The lot is not under his conttol. That has to do with the landlord. The lot is serviceable. Mr. Strathman stated he understands the issue with the paving. He does not think that can be placed as a condition on the license because the licensee is not the owner of the property. According to Ciry staff, it is not a hazard. Perhaps the district council could talk to the owner that it is in his and the community's best interest to repave the lot. Ms. Kusnierek responded their code enforcement committee will approach the owner. Ms. Schweinler stated this applica6on is for second hand dealer-motor vehicle license. There is no applica6on for auto repair at this point. There is no license required for detailing. Gerry Strathman recommends approval of the license application with the 16 condirions recommended by LIEP and agreed upon by the owner. The condirion are as follows: o � -�a.u, LEGISLATIVE HEARING - ALPHA AUTO SALES - November 1, 2001 Page 3 1) The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerlemployee parking spaces (one shall be designated and mazked far handicapped parking) as indicated on the approved site plan on file with LIEP. 3} Provide maneuvering space on the property to allow vehicles entering and exiYing the site to pmceed forward as indicated on the approved site plan. Backing from the sireet or onto the street from the property is forbidden. 4) The building sha11 be painted and maintained in good condition. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped azea and four mediutn sized trees shall be installed along the sidewalk on Da1e street. 5) There will be no ea�terior storage of inoperable vehicles. 6) There will be no ea�terior storage of vehicle parts, tires, oil, batteries or similar items. All trash must be stored in a covered dumpster or indoors. 7) All vehicles parking outdoors on the lot must appeaz to be completely assembled with no major body parts missing. Vehicle salvage or repair are not permitted. 8) Vehicles intended for sale are prohibited from being parked on any street or projecting over a public right-of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must comply with a11 federal, state, and local laws. 11) The two curb cuts closest to the intersection (one on Dale and one on Maryland) shall be closed 'unmediately. The drive aprons must be removed and the curb and gutter must be installed according to Ciry specifications under pernut from the Department of Public Works. The curb cut removal and street restoration wark must be completed by June l, 2002. 12) No auto body repair is allowed. 13) Custonier vehicles must not be parked longer than 10 days on the premises. 14) All signs must conform to the zoning code standard. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP to determine the removal or establishment of signs. All wark must be done by June 1, 2002. 15) Lighting on the site shall conform to the standards outlined 'ua Section 62.110 of the Zoning Code. 16) The business shaii open no earlier than 8 am. and close no later than 8 p.m. The meeting was adjourned at 10:18 a.m. rrn aRi��NA� Council File # b�.� Z,� V Green Sheet # 110342 RESOLUTION CITY OF SAINT PAUL, MINNESOTA dd Presented Referred To Committee Date WHEREAS, the Legislafive Hearing Officer recommends that license application (ID # 20010003921) for Fad Auto, DBA Alpha Auto Sales, 1202 Da1e Street North, be approved with the following conditions: 1) 'The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerfemployee pazking spaces (one shall be designated and mazked for handicapped pazking) as indicated on the approved site plan on file with LIEP. 3) Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward as indicated on the approved site plan. Backing from the street or onto the street from the properry is forbidden. 4) The building shall be painted and maintained in good condifion. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped area and four medium sized trees shall be installed along the sidewalk on Dale street. 5) There will be no exterior storage of inoperable vehicles. 6) There will be no exterior storage of vehicle parts, tires, oil, batteries or similar items. All trash must be stored in a covered dumpster or indoors. 7) AIl vehicles parldng outdoors on the lot must appeaz to be completely assembled with no major body parts missing. Vehicle salvage or repair aze not permitted. 8) Vehicles intended far sale are prohibited from being pazked on any sueet or projecting over a public right- of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must comply with all federal, state, and local laws. 11) The two curb cuts closest to the intersection (one on Da1e and one on Maryland) shall be closed immediately. The drive aprons must be removed and the curb and gutter must be installed according to City specifications under permit from the Deparhnent of Public Works. The curb cut removal and street restoration work must be completed by June 1, 2002. 12) No auto body repair is allowed. 13) Customer vehicies must not be pazked longer than 10 days on the premises. 14) All signs must conform to the zoning code standard. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP deternune the removal or establishment of signs. All work must be done by June l, 2002. 15) Lighting on the site shall conform to the standards outlined in Section 62.110 of the Zoning Code. 16) The business shall open no earlier than 8 a.m. and close no later than 8 p.m. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. ALPHA AUTO SALES Green Sheet 110342 o t -ta.l� �'��s��=t.! Yeas Na s Absent Blakey �/ Coleman � Hazris � Benanav � Reiter �- Bostrom � Lantry �/ `1 O O Requested by Deparhnent of: � Form Approved by City Attorney � Adopted by Council: Date `'�.,.,. �� ` '3.�0 � Approved by Mayor for Submission to Council Adoption Certified by Council Secretary g B�': "'�� `t�- �..z_,� n � --_ Approved by Mayor: Date � l"J �y � — r---�— I: ,, ��i�/ ��l1�� DEPARTMENT/OFFICE/COUNCIL �,TE��„�- - �. . o�-.�a,��, City Council Offices rra�, s, Zoa� GREEN SHEET No 1 1 �342 CONiACT PERSON 8 PHONE Nx�wure u�wuome Gerry Strathman, 266-8560 �,� �.,�,,,,�, MUST BE ON COUNCIL AGENDA BY (DA7� ASS�GN NUYBERFOIt ❑GIYAiTOR1EY CRYRFIIK ROUi1NG ORDER ❑ R161K1nLaERNCESOn. ❑ A141CLLaEA1oACCfC ❑ WYOR(ORA45L4TA1R) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� CTION REQUES7ED � Approving application with conditions for a Second Hand Dealer-Motor Vehicle License by Fad Auto, DBA Alpha Auto Sales, 1202 Dale Street North. RECAMMENDATION Apprwe (A) or RejeM (R) PERSONAL SERVICE CONiRACTS MUSTANSWERTHE FOLLOW7NG QUESTIONS: 7. Has this persaNfirm ever worked under a contract fo� Nis deparlmeM? PLANNING CAMMISSION YES NO CIB COMMIT7EE 2. Has mis peisoNfimi ever been a cdy empbyee? CIVILSERVICECOMMISSION YES NO 3. Does this Pe�soNfirtn G� a sidll not rorma�yPOSSessed by anY ounent city employee? YES NO 4. Is this person/fiim a tarpeted vemioYt VES NO � Fxplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WFw, Wha[ When, Where, Why) . ADVANTAGESIFAPPROVED • - Council Research Cetiter ��U � � 2l101 DISADVANTAGES IF APPROVED DISADVANTAGES IF NOT APPRQVED TOTAL AMOUNT OF TRANSACTON S COST/REVENUE BUDGETED (CIRCLE ONE) • YES NO FUNDMG 30URCE ACTNITY NtlNBER FINANCUIL INFORMA710N (IXPWN) o � -�a.�V MINUTES OF T'I� LEGISLATIVE HEARING ALPHA AUTO SALES -1202 Bale Street North Thursday, November 1, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protecfion (LIEP); Kristine Schweinler, LIEP The meeting was called to order at 10:03 a.m. Gerry Strathman stated this hearing is being held to heaz objecrions that have been raised to the issuance of a license to Fad Auto, doing business as Aipha Auto Sales, 1202 Dale Street North. Kristine Schweinler reported this license application is for a Second Hand Dealer-Motor Vehicle License. LIEP recommends approval with the following caveats: 1) the owner needs a state dealers license number, 2) there aze 16 conditions addressed on the special condifion use pernut for this property. Cazol Kusnierek, 54 Geranium Avenue West, Vice Chair of District 6 Plauniiig Council, Chair of their Land Use Council, appeazed and stated the Land Use Council voted to deny the license. The pxincipal concern is that it will be difficult to properly monitor this location with two independent licensees. They do not understand how the two businesses--used car sales and auto detailing--will interact with each other. Also, they don't know if the respective businesses are leased separately from the owner of the properiy or if one tenant is a sublease of the other. There is an ongoing concern that the number of cars offered for sale exceed the pernutted five cazs for sale because there are 18 spaces allocated for parking on the lot. License conditions on such operations have been violated in the North End azea. Neighbors have been disturbed this summer about the sale of items on the site as kind of an open air market. Monitoring this situation would be difficult for the City and the community. Mr. Strathman stated the letter from Kathy Cole, District 6 Plamiing Council, reads that they would like the parking lot repaved. Ms. Kusnierek responded that is a condition that they would like attached to the license if it is approved. Mr. Strathman asked is that currently a condition. Ms. Schweinler responded no, but the lot has to be maintained. Jeff Hawkins responded an approved site plan was included in the special condition use permit. The lot has to be striped and landscaped according to the approved site plan by June 1, 2002. Has he seen the surface, asked Mr. Strathxnan. Mr. Hawldns respottded he has been out there and so have other enforcement officers. The lot is not beautiful, but it is not in disarray. Structurally, it is fine. There is not a lot of erosion at this time. Mr. Slrathman stated there aze a lot of conditions here. He asked are they new. Mr. Hawkins responded the amount of the conditions aze because of the special nature of which the tenants and o�-�� LEGISLA'TIVE HEARING - ALPHA AUTO SALES - November l, 2001 Page 2 owner applied. They aze combining auto detailing, auto repair, and auto sales on the same lot. The Plauuing Commission conditioned it emphatically because there will be three tenants. Mz. Strathman asked have the conditions been in place for a while and ha�e they been adhered to. Mr. Hawkins responded they have been in place since June. There was a complaint about a flee market at the site. Jeff Fishbach (LIEP) spoke to the tenants and explained they cannot do that there. He went over the special condition use permit and gave them until September 4 to block off the cutb cuts, although they do not haue to be closed until June 1, 2002. Are there any actions pending against the license, asked Mr. Strathman. Mr. Hawkins responded no. Kathy Cole, Executive Director of District 6 Plamung Council, appeazed and asked does it happen often that there is a small lot with three business licenses. Ms. Schweinler responded it does not happen o8en. The only business operating at this location currently is the car detailing. Ms. Cole asked aze they both leasing from the property owner or is one a sublease of the other. Mr. Hawkins responded they can make a condition that LIEP sees a copy of the lease. Also, not only will the tenants be responsible, but the owner will be held responsible. The owner was advised on this when they went in for the special condifion use pernut. Repaving could have been addressed to the Planning Commission at that time. Olaniyi Fudahunsi, owner, appeared and stated he is the owner of just the auto sales. The flee market was in error; it will not happen again. They are responsible business people. They laiow they have to keep the property clean. Auto sales will be on one side and the auto detailing will be on the other side of the lot. The cazs for detailing will be leaving on a daily basis. The business will not be rowdy. Mr. Strathman stated there are a lot of conditions here. He asked is the owner in agreement with the 16 conditions and willing to comply. Mr. Fudahunsi responded yes. None of the conditions are difficult to comply with. They have no intention of violating any of them. The lot is not under his control. That has to do with the landlord. The lot is serviceable. Mr. Strathman stated he understands the issue with the paving. He does not think that can be placed as a condition on the license because the licensee is not the owner of the property. According to City staff, it is not a hazard. Perhaps the district council could talk to the owner that it is in kris and the community's best interest to repaue the lot. Ms. Kusnierek responded their code enforcement comtnittee will approach the owner. Ms. Schweinler stated this applicafion is for second hand dealer-motor vehicle license. There is no application for auto repair at this point. There is no license required for detailing. Gerry Sirathxnan recommends approval of the license application with the 16 condifions recommended by LIEP and agreed upon by the owner. The condition are as follows: o � —��c. LEGISLATIVE HEARING - ALPHA AUTO SALES - November 1, 2001 Page 3 1) The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerfemployee parking spaces (one shall be designated and mazked for handicapped pazking) as indicated on the approved site plan on file with LIEP. 3) Provide maneuvering space on the properLy to allow vehicles entering and exiting the site to proceed forwazd as indicated on the approved site plan. Backing from the siseet or onto the street from the properry is forbidden. 4) The building sha11 be painted and maintained in good condition. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped area and four medium sized trees shali be installed along the sidewalk on Dale street. 5) There will be no ea�terior storage of inoperable vehicles. 6) There will be no exteriar storage of vehicle parts, tires, oil, batteries or similar items. All trash must be stored in a covered dumpster or indoors. 7) All vehicles parking outdoors on the lot must appear to be completely assembled with no major body parts missing. Vehicle salvage or repair aze not pernritted. 8) Vehicles intended for sale aze prohibited from being pazked on any street or projecting over a public right-of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must comply with all federal, state, and local laws. 11) The two curb cuts closest to the intersecrion (one on Dale and one on Maryland) shall be closed immediately. The drive apxons must be removed and the curb and gutter must be installed according to City specifications under pernut from the Deparnnent of Public Works. The curb cut removal and street restoration work must be completed by June 1, 2002. 12) No auto body repair is allowed. 13) Customer vehicles must not be parked longer than 10 days on the premises. 14) All signs must conform to the zoning code standard. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP to determine the removal or establishment of signs. All work must be done by June 1, 2002. 15) Lighting on the site shall conform to the standards outlined in Section 62.110 of the Zoning Code. 16) The business shall open no earlier thaxt 8 a.m. and close no later than 8 p.m. The meeting was adjourned at 10:18 a.m. rrri oR��Na� Councfl File # e � . � �.��. Green Sheet # 110342 RESOLUTION CITY OF SAINT PAUL, MfN[�tESOTA oib Presented by_ Referred To Committee Date WT the Legislative Aearing Officer recommends that license application (ID # 20010003421) for Fad Auto, DBA Alpha Auto Sales, 1202 Dale Street North, be approved with the following conditions: 1) The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerJemployee pazking spaces (one shall be designated and marked for handicapped parking) as indicated on the approved site plan on file with LIEP. 3) Provide maneuvering space on the properiy to allow vehicles entering and exiting the site to proceed forward as indicated on the approved site plan. Backing from the street ar onto the street from the property is forbidden. 4) The building shall be painted and maintained in good condition. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped area and four medium sized trees shall be installed along the sidewalk on Dale street. 5) There will be no exterior storage of inoperable vehicles. 6) There will be no exterior storage of vehicle parts, tires, oil, batteries ar similar items. All trash must be stored in a covered dumpster or indoors. 7) All vehicles parking outdoors on the lot must appeaz to be completely assembled with no major body parts missing. Vehicle salvage or repair are not perxnitted. 8) Vehicles intended for sale aze prohibited from being parked on any street or projecting over a public right- of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must compiy with all federal, state, and locallaws. 11) The two curb cuts ciosest to the intersecrion (one on Dale and one on Maryland) shall be closed immediately. The drive aprons must be removed and the curb and gutter must be installed according to City specificafions under pernut from the Department of Public Warks. The curb cut removal and street restoration work must be completed by June 1, 2002. 12) No auto body repair is allowed. 13) Customer vehicles must not be parked longer than 10 days on the premises. 14) All signs must conform to the zoning code standazd. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP determine the removai or establishment of signs. All work must be done by June 1, 2002. 15) Lighting on the site shall conform to the standards outlined in Section 62.110 of the Zoning Code. 16) The business shall open no earlier than 8 a.m. and close no later than 8 p.m. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves ttus license application with the aforementioned conditions. ALFHA AUTO SALES Green Sheet 110342 D 1 -�a•ite � ^�E`a! Sy I �i'� � \ �t �� i��4 �e Yeas Na s Absent Blakey �/ Coleman f Harris f Benanav f Reiter � Bostrom �- Lantry �..-� ''l 6 0 Requested by Depamnent of: � Form Approved by City Attorney � Adopted by Council: Date ''��w �,` avo � Approved by Mayor for Submission to Council Adoption Certified by Council Secretary BY� ��. S `{� —1.�=�� By. Approved by Mayor: Date - �i/' %// I// ��//// 2 c City Council Offices oare wrtarEo xov, s, Zooi GREEN SHEET o � .�s.�� N� 110342 Gerry Strathman, 266-8560 u�„�„��,� U IUST BE ON COUNCILAGENDA BY (DAT� ASu1GN NUYBERFOR CfiYAiTORIFY tlIYCLFRK ROUi1HG ORDER ❑AIN1nRtsFrtVICESOIM1 � ❑A1411ClLLaF0.YraCCT4__ ❑ Y0.YORfOR��lNT1 ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SiGNATURE) CTION RE�UESTm � Approving application with conditions for a Second Hand Dealer—Motor Vehicle License by Fad Auto, DBA Alpha Auto Sales, 1202 Dale Street North. PLANNWG COMMISSION C18 COM6AITfEE CIVIL SERVICE COMMISSION What. When, IF APPROVED � IFAPPROVED Has this C�Mmm everworked untler a contrect tor this tleparfmeM"1 VES NO Has this Pe«��m ever 6een a ciry empbyee? YES NO Ooes this persoM�m possesc a sldll twt �amallypossessstl by anY artent cRy empWYee'i YES NO kthis PefsaUfirmatar0etedventlWl YES NO �lain all ves answers on sena�afe sheet and attach to areen sheet Council Research CeMer �dC�V � � 20� f FUNDING 50URCE - lN4NCW.INFORMA710N (IXPWN) CAST/REVENUE eUDGE7ED (GRCLE ON� � YES ACTNISY NUMBER NO Y t> 1 —\s.�l. NIINLT'TE3 OF TE� LEGISLA'TIVE HEARING ALPHA AUTO SALES - 1202 Dale Street North Thursday, November l, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Jeff Hawkius, License, Inspecrions, Environmental Protection (LIEP); Kristine Schweinier, LIEP The meeting was called to order at 10:03 a.m. Gerry Strathman stated this hearing is being held to hear objections that have been raised to the issuance of a license to Fad Auto, doing business as Alpha Auto Sales, 1202 Dale Street North. Kristine Schweinler reported this license application is for a Second Hand Aealer-Motor Vehicle License. LIEP recommends approval wlth the following caveats: 1) the owner needs a state dealers license number, 2) there are 16 conditions addressed on the special condition use pernut for this properiy. Carol Kusnierek, 54 Geranium Avenue West, Vice Chair of District 6 Pianning Council, Chair of their Land Use Council, appeared and stated the Land Use Council voted to deny the license. The principal concern is that it will be difficult to properly monitor this location with two independent licensees. They do not understand how the two businesses--used car sales and auto detailing--will interact with each other. Also, they don't know if the respective businesses are leased separately from the owner of the property or if one tenant is a subiease of the other. There is an ongoing concern that the number of cars offered for sale exceed the permitted five cars for sale because there are 18 spaces allocated for parking on the lot. License condifions on such operations haue been violated in the North End area. Neighbors have been disturbed this sununer about the sale of items on the site as kind of an open air mazket. Monitoring ttus situation would be difficult for the City and the community. Mr. Strathman stated the letter from Kathy Cole, District 6 Plamiiug Council, reads that they would like the parking lot repaved. Ms. Kusnierek responded that is a condition that they would like attached to the license if it is approved. Mr. Strathman asked is that currently a condition. Ms. Schweinler responded no, but the lot has to be maintained. Jeff Hawkins responded an approved site plan was included in the special condition use pernut. The lot has to be striped and landscaped according to the approved site plan by 7une 1, 2002. Has he seen the surface, asked Mr. Strathuian. Mr. Hawkins responded he has been out there and so have other enforcement officers. The lot is not beauti£ul, but it is not in disarray. Structuraliy, it is fine. There is not a lot of erosion at this time. Mr. Strathman stated there are a lot of conditions here. He asked are they new. Pvlr. Hawkins responded the amount of the conditions are because of the special nature of which the tenants and 0�—�� LEGISLATIVE HEARING - ALPHA AUTO SALES - November 1, 2001 Page 2 owner applied. They are combining auto detailing, auto repair, and auto sales on the same lot. The Planuing Commission conditioned it emphatically because there will be three tenants. Mr. Strathman asked have the condirions been in piace for a while and ha�e they been adhered to. Mr. Hawkins responded they have been in place since June. There was a complaint about a flee market at the site. 7eff Fishbach (LIEP) spoke to the tenants and e�lained they cannot do that there. He went over the special condition use permit and gave them until September 4 to block off the curb cuts, although they do not have to be closed until June i, 2002. Are there any actions pending against the license, asked Mr. Strathman. Mr. Hawkins responded no. Kathy Cole, Execufive Director of District 6 Plazuliug Council, appeared and asked does it happen often that there is a small lot with three business licenses. Ms. Schweinier responded it does not happen often. The only business operating at this location currentiy is the car detailing. Ms. Cole asked aze they both leasing from the property owner or is one a sublease of the other. N1r. Hawkins responded they can make a condirion that LIEP sees a copy of the lease. Also, not only will the tenants be responsible, but the owner wiil be held responsible. The owner was advised on this when they went in for the special condition use pernut. Repaving could have been addressed to the Planniug Commission at that time. Olaniyi Fudahunsi, owner, appeared and stated he is the owner of just the auto sales. The flee market was in error; it will not happen again. They are responsible business people. They know they have to keep the properry clean. Auto sales will be on one side and the auto detailing will be on the other side of the lot. The cars for detailing will be leaving on a daily basis. The business will not be rowdy. Mr. Strathman stated there are a lot of conditions here. He asked is the owner in agreement with the 16 conditions and willing to comply. Mr. Fudahunsi responded yes. None of the conditions are difficult to compiy with. They have no intention of violating any of them. The lot is not under his conttol. That has to do with the landlord. The lot is serviceable. Mr. Strathman stated he understands the issue with the paving. He does not think that can be placed as a condition on the license because the licensee is not the owner of the property. According to Ciry staff, it is not a hazard. Perhaps the district council could talk to the owner that it is in his and the community's best interest to repave the lot. Ms. Kusnierek responded their code enforcement committee will approach the owner. Ms. Schweinler stated this applica6on is for second hand dealer-motor vehicle license. There is no applica6on for auto repair at this point. There is no license required for detailing. Gerry Strathman recommends approval of the license application with the 16 condirions recommended by LIEP and agreed upon by the owner. The condirion are as follows: o � -�a.u, LEGISLATIVE HEARING - ALPHA AUTO SALES - November 1, 2001 Page 3 1) The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerlemployee parking spaces (one shall be designated and mazked far handicapped parking) as indicated on the approved site plan on file with LIEP. 3} Provide maneuvering space on the property to allow vehicles entering and exiYing the site to pmceed forward as indicated on the approved site plan. Backing from the sireet or onto the street from the property is forbidden. 4) The building sha11 be painted and maintained in good condition. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped azea and four mediutn sized trees shall be installed along the sidewalk on Da1e street. 5) There will be no ea�terior storage of inoperable vehicles. 6) There will be no ea�terior storage of vehicle parts, tires, oil, batteries or similar items. All trash must be stored in a covered dumpster or indoors. 7) All vehicles parking outdoors on the lot must appeaz to be completely assembled with no major body parts missing. Vehicle salvage or repair are not permitted. 8) Vehicles intended for sale are prohibited from being parked on any street or projecting over a public right-of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must comply with a11 federal, state, and local laws. 11) The two curb cuts closest to the intersection (one on Dale and one on Maryland) shall be closed 'unmediately. The drive aprons must be removed and the curb and gutter must be installed according to Ciry specifications under pernut from the Department of Public Works. The curb cut removal and street restoration wark must be completed by June l, 2002. 12) No auto body repair is allowed. 13) Custonier vehicles must not be parked longer than 10 days on the premises. 14) All signs must conform to the zoning code standard. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP to determine the removal or establishment of signs. All wark must be done by June 1, 2002. 15) Lighting on the site shall conform to the standards outlined 'ua Section 62.110 of the Zoning Code. 16) The business shaii open no earlier than 8 am. and close no later than 8 p.m. The meeting was adjourned at 10:18 a.m. rrn aRi��NA� Council File # b�.� Z,� V Green Sheet # 110342 RESOLUTION CITY OF SAINT PAUL, MINNESOTA dd Presented Referred To Committee Date WHEREAS, the Legislafive Hearing Officer recommends that license application (ID # 20010003921) for Fad Auto, DBA Alpha Auto Sales, 1202 Da1e Street North, be approved with the following conditions: 1) 'The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerfemployee pazking spaces (one shall be designated and mazked for handicapped pazking) as indicated on the approved site plan on file with LIEP. 3) Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward as indicated on the approved site plan. Backing from the street or onto the street from the properry is forbidden. 4) The building shall be painted and maintained in good condifion. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped area and four medium sized trees shall be installed along the sidewalk on Dale street. 5) There will be no exterior storage of inoperable vehicles. 6) There will be no exterior storage of vehicle parts, tires, oil, batteries or similar items. All trash must be stored in a covered dumpster or indoors. 7) AIl vehicles parldng outdoors on the lot must appeaz to be completely assembled with no major body parts missing. Vehicle salvage or repair aze not permitted. 8) Vehicles intended far sale are prohibited from being pazked on any sueet or projecting over a public right- of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must comply with all federal, state, and local laws. 11) The two curb cuts closest to the intersection (one on Da1e and one on Maryland) shall be closed immediately. The drive aprons must be removed and the curb and gutter must be installed according to City specifications under permit from the Deparhnent of Public Works. The curb cut removal and street restoration work must be completed by June 1, 2002. 12) No auto body repair is allowed. 13) Customer vehicies must not be pazked longer than 10 days on the premises. 14) All signs must conform to the zoning code standard. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP deternune the removal or establishment of signs. All work must be done by June l, 2002. 15) Lighting on the site shall conform to the standards outlined in Section 62.110 of the Zoning Code. 16) The business shall open no earlier than 8 a.m. and close no later than 8 p.m. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. ALPHA AUTO SALES Green Sheet 110342 o t -ta.l� �'��s��=t.! Yeas Na s Absent Blakey �/ Coleman � Hazris � Benanav � Reiter �- Bostrom � Lantry �/ `1 O O Requested by Deparhnent of: � Form Approved by City Attorney � Adopted by Council: Date `'�.,.,. �� ` '3.�0 � Approved by Mayor for Submission to Council Adoption Certified by Council Secretary g B�': "'�� `t�- �..z_,� n � --_ Approved by Mayor: Date � l"J �y � — r---�— I: ,, ��i�/ ��l1�� DEPARTMENT/OFFICE/COUNCIL �,TE��„�- - �. . o�-.�a,��, City Council Offices rra�, s, Zoa� GREEN SHEET No 1 1 �342 CONiACT PERSON 8 PHONE Nx�wure u�wuome Gerry Strathman, 266-8560 �,� �.,�,,,,�, MUST BE ON COUNCIL AGENDA BY (DA7� ASS�GN NUYBERFOIt ❑GIYAiTOR1EY CRYRFIIK ROUi1NG ORDER ❑ R161K1nLaERNCESOn. ❑ A141CLLaEA1oACCfC ❑ WYOR(ORA45L4TA1R) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� CTION REQUES7ED � Approving application with conditions for a Second Hand Dealer-Motor Vehicle License by Fad Auto, DBA Alpha Auto Sales, 1202 Dale Street North. RECAMMENDATION Apprwe (A) or RejeM (R) PERSONAL SERVICE CONiRACTS MUSTANSWERTHE FOLLOW7NG QUESTIONS: 7. Has this persaNfirm ever worked under a contract fo� Nis deparlmeM? PLANNING CAMMISSION YES NO CIB COMMIT7EE 2. Has mis peisoNfimi ever been a cdy empbyee? CIVILSERVICECOMMISSION YES NO 3. Does this Pe�soNfirtn G� a sidll not rorma�yPOSSessed by anY ounent city employee? YES NO 4. Is this person/fiim a tarpeted vemioYt VES NO � Fxplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WFw, Wha[ When, Where, Why) . ADVANTAGESIFAPPROVED • - Council Research Cetiter ��U � � 2l101 DISADVANTAGES IF APPROVED DISADVANTAGES IF NOT APPRQVED TOTAL AMOUNT OF TRANSACTON S COST/REVENUE BUDGETED (CIRCLE ONE) • YES NO FUNDMG 30URCE ACTNITY NtlNBER FINANCUIL INFORMA710N (IXPWN) o � -�a.�V MINUTES OF T'I� LEGISLATIVE HEARING ALPHA AUTO SALES -1202 Bale Street North Thursday, November 1, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protecfion (LIEP); Kristine Schweinler, LIEP The meeting was called to order at 10:03 a.m. Gerry Strathman stated this hearing is being held to heaz objecrions that have been raised to the issuance of a license to Fad Auto, doing business as Aipha Auto Sales, 1202 Dale Street North. Kristine Schweinler reported this license application is for a Second Hand Dealer-Motor Vehicle License. LIEP recommends approval with the following caveats: 1) the owner needs a state dealers license number, 2) there aze 16 conditions addressed on the special condifion use pernut for this property. Cazol Kusnierek, 54 Geranium Avenue West, Vice Chair of District 6 Plauniiig Council, Chair of their Land Use Council, appeazed and stated the Land Use Council voted to deny the license. The pxincipal concern is that it will be difficult to properly monitor this location with two independent licensees. They do not understand how the two businesses--used car sales and auto detailing--will interact with each other. Also, they don't know if the respective businesses are leased separately from the owner of the properiy or if one tenant is a sublease of the other. There is an ongoing concern that the number of cars offered for sale exceed the pernutted five cazs for sale because there are 18 spaces allocated for parking on the lot. License conditions on such operations have been violated in the North End azea. Neighbors have been disturbed this summer about the sale of items on the site as kind of an open air market. Monitoring this situation would be difficult for the City and the community. Mr. Strathman stated the letter from Kathy Cole, District 6 Plamiing Council, reads that they would like the parking lot repaved. Ms. Kusnierek responded that is a condition that they would like attached to the license if it is approved. Mr. Strathman asked is that currently a condition. Ms. Schweinler responded no, but the lot has to be maintained. Jeff Hawkins responded an approved site plan was included in the special condition use permit. The lot has to be striped and landscaped according to the approved site plan by June 1, 2002. Has he seen the surface, asked Mr. Strathxnan. Mr. Hawldns respottded he has been out there and so have other enforcement officers. The lot is not beautiful, but it is not in disarray. Structurally, it is fine. There is not a lot of erosion at this time. Mr. Slrathman stated there aze a lot of conditions here. He asked are they new. Mr. Hawkins responded the amount of the conditions aze because of the special nature of which the tenants and o�-�� LEGISLA'TIVE HEARING - ALPHA AUTO SALES - November l, 2001 Page 2 owner applied. They aze combining auto detailing, auto repair, and auto sales on the same lot. The Plauuing Commission conditioned it emphatically because there will be three tenants. Mz. Strathman asked have the conditions been in place for a while and ha�e they been adhered to. Mr. Hawkins responded they have been in place since June. There was a complaint about a flee market at the site. Jeff Fishbach (LIEP) spoke to the tenants and explained they cannot do that there. He went over the special condition use permit and gave them until September 4 to block off the cutb cuts, although they do not haue to be closed until June 1, 2002. Are there any actions pending against the license, asked Mr. Strathman. Mr. Hawkins responded no. Kathy Cole, Executive Director of District 6 Plamung Council, appeazed and asked does it happen often that there is a small lot with three business licenses. Ms. Schweinler responded it does not happen o8en. The only business operating at this location currently is the car detailing. Ms. Cole asked aze they both leasing from the property owner or is one a sublease of the other. Mr. Hawkins responded they can make a condition that LIEP sees a copy of the lease. Also, not only will the tenants be responsible, but the owner will be held responsible. The owner was advised on this when they went in for the special condifion use pernut. Repaving could have been addressed to the Planning Commission at that time. Olaniyi Fudahunsi, owner, appeared and stated he is the owner of just the auto sales. The flee market was in error; it will not happen again. They are responsible business people. They laiow they have to keep the property clean. Auto sales will be on one side and the auto detailing will be on the other side of the lot. The cazs for detailing will be leaving on a daily basis. The business will not be rowdy. Mr. Strathman stated there are a lot of conditions here. He asked is the owner in agreement with the 16 conditions and willing to comply. Mr. Fudahunsi responded yes. None of the conditions are difficult to comply with. They have no intention of violating any of them. The lot is not under his control. That has to do with the landlord. The lot is serviceable. Mr. Strathman stated he understands the issue with the paving. He does not think that can be placed as a condition on the license because the licensee is not the owner of the property. According to City staff, it is not a hazard. Perhaps the district council could talk to the owner that it is in kris and the community's best interest to repaue the lot. Ms. Kusnierek responded their code enforcement comtnittee will approach the owner. Ms. Schweinler stated this applicafion is for second hand dealer-motor vehicle license. There is no application for auto repair at this point. There is no license required for detailing. Gerry Sirathxnan recommends approval of the license application with the 16 condifions recommended by LIEP and agreed upon by the owner. The condition are as follows: o � —��c. LEGISLATIVE HEARING - ALPHA AUTO SALES - November 1, 2001 Page 3 1) The number of vehicles displayed for sale shall not exceed five (5). 2) Provide thirteen (13) customerfemployee parking spaces (one shall be designated and mazked for handicapped pazking) as indicated on the approved site plan on file with LIEP. 3) Provide maneuvering space on the properLy to allow vehicles entering and exiting the site to proceed forwazd as indicated on the approved site plan. Backing from the siseet or onto the street from the properry is forbidden. 4) The building sha11 be painted and maintained in good condition. The lot must be striped and landscaped in accordance with the approved site plan by June 1, 2002. As identified in the approved site plan, an 8 foot wide landscaped area and four medium sized trees shali be installed along the sidewalk on Dale street. 5) There will be no ea�terior storage of inoperable vehicles. 6) There will be no exteriar storage of vehicle parts, tires, oil, batteries or similar items. All trash must be stored in a covered dumpster or indoors. 7) All vehicles parking outdoors on the lot must appear to be completely assembled with no major body parts missing. Vehicle salvage or repair aze not pernritted. 8) Vehicles intended for sale aze prohibited from being pazked on any street or projecting over a public right-of-way. 9) All vehicles associated with this business must be displayed on this lot. 10) Licensee must comply with all federal, state, and local laws. 11) The two curb cuts closest to the intersecrion (one on Dale and one on Maryland) shall be closed immediately. The drive apxons must be removed and the curb and gutter must be installed according to City specifications under pernut from the Deparnnent of Public Works. The curb cut removal and street restoration work must be completed by June 1, 2002. 12) No auto body repair is allowed. 13) Customer vehicles must not be parked longer than 10 days on the premises. 14) All signs must conform to the zoning code standard. The applicant should meet with LIEP staff within 30 days of the approval of the SCUP to determine the removal or establishment of signs. All work must be done by June 1, 2002. 15) Lighting on the site shall conform to the standards outlined in Section 62.110 of the Zoning Code. 16) The business shall open no earlier thaxt 8 a.m. and close no later than 8 p.m. The meeting was adjourned at 10:18 a.m. rrri