05-330Council File # t� J' 3
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Green Sheet # 3026016
/s
Committee Date
WIIEREAS, the I,egislative Hearing Officer recommended that the license application (ID # 20040005321)
for Auto Body Repair / Second Hand Dealer - Motor Vehicle Licenses by Gennadiy V. Yermolenko, owner,
doing business as Capital Caz Company, 321 Como Avenue, be approved with the following conditions:
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1. The number of vehicles displayed for sale shall not exceed 16 and shall be parked as indicated on the
approved site plan filed v✓ith LIEP.
2. Five customer/employee parking spaces shall be provided on-site. One (1) shall be designated and
marked for Handicap pazking as indicated on the approved site plan. Eighteen (18) parking spaces
sha11 be provided on the north side of the site behind an obscuring fence for vehicles awaiting repair
and repaired vehicles awai6ng pickup as indicated on the approved site pian on file with LIEP.
Maneuvering space be provided on the property to allow vehicles entering ar exiting the site to
proceed forward. Backing from the street or on to the street from the property is forbidden.
No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All repair
work must occur within an enclosed buiiding.
The nusnber of customer vehicles shall not exceed 1�.
Customer vehicles awaiting repair may not be on the lot far more than 10 days. It shall be the
responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the
lot as permitted by law.
Parking azeas must be paved and striped by June 1, 2005.
A post and chain must be installed and maintained at Como Avenue to prevent vehicle parking over
the public sidewalk. (No vehicles may be parked over the pub&c right-of-way).
21 9. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked
22 outdoors on the lot must appear to be completely assembled with no major body parts missing.
23 Vehicle salvage is not permitted.
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There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated
with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, etc.,
shall be in accordance with the Ramsey County Hazardous Waste regulations.
Vehicle spray painting/finishing IS NOT permitted, unless a paint booth is installed and approved by
the Fire Mazshall and an Auto Body RepairJ Painting Shop license is approved and issued by LIEP.
General auto repair is not permitted.
Licensee must comply with a11 federal, state and local laws.
Applicant shall obtain site plan approval by May 15th, 2005.
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15. Site improvements must be made according to the approved site plan on file with LIEP including the
completion of the new shop building and all storm water drainage and parking layouts by October 1,
2005.
1 16. A Demolifion Permit must be obtained from LIEP and the illegally built accessory buildings must be
2 removed from the site by May 1, 2005. �.���
3 17. The licensee and property owner wili endeavor to make property nnprovements in accordance with
4 the Rice Street Design Guidelines once they are adopted by the City of Saint Paul.
5 18. The license will be reviewed on October 1, 2005 far compliance with these conditions. Failure to
6 remain in compliance will result in adverse action against the licensee.
Requested by Depariment of:
Form Approved by City Attomey
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Adoption Certified by Council Secretary
Approved by Mayor for Submission to Council
BY— �� �� � i�s.a.z� '
Approved by Mayor:Date By
Adopted by Council:Date �ji / �� �71d�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartmerMloffice/council: Datelnitiated: VJ �IFW
�o ��� OCrAPR-05 Green Sheet NO: 3026016
Contact Person 8 Pho�re� ���e�H Se� To Person IniBaVDate
re.
lNaraa McertnoMl 0 ouacil
266-856� ASSign 1 oncil De ent Director
Must Be on Council Agenda by (Date): Number 2 � e
For 3
Routing
Order 4
5
Total # of Signature Pages _(Clip All Locations for Signature)
Actiort Requested:
Approving the license application with condiHons, per ffie Legislarive Hearing Officer, for Auto Body Repair and Second Hand
Dealer-Motor Vehicle Licenses by Gennadiy V. Yermolenko, owner, doing business as Capital Caz Company, 321 Como Avenue.
Recommendations: Approve (A) or Reject (R): Personai Service Contracts Must Answer the Pollowing Questions:
Pianning Commission 1. Has this perso�rm ever worked under a contract for this depaRment?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirtn ever been a city employee?
Yes No
3. Does tbis person�rtn passess a skill not nortnally possessed by any
curreM city empfoyee? ,
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): .
AdvantageslfApproved:
Disadvarrtages If Approved:
Disadvanb5fes If Not Aptxoved:
Total Amount of CastlRev¢nue Bud9eted: '
Transaetion: .
Fundinp Souroe: Activitv Number:
Financiai Infortnation:
(Explain)
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MINUTES OF THE LEGISLATIVE HEARING
CAPITAL CAR COMPANY - 321 Como Avenue
Thursday, Mazch 31, 2005
Room 330 City HalUCourthouse
Marcia Moermond, Legislative Hearing Officer
The heating was called to order at 11:15 a.m.
STAFF PRESENT: Kristine Schweinler, Jeff Hawkins and Tom Beach, License, Tnspecfions and
Environmental Protection (LIEP); Jean Birkholz, City Council Offices.
OTHERS PRESENT: Gennadiy V. Yermolenko, owner, and Matthew M. Armbrecht, Saliterman
& Srefferxnan, attorney.
Mazcia Moermond explained Legislative Hearing process. She said that the reason this hearing
is being held is because there was a letter of concern about the issuance of the license. There are
three (3) potential outcomes from this hearing: 1) a recommendation to the City Council to issue
the license without conditions; 2) a recommendation to the City Council to issue the license with
conditions that the applicant agrees to; or 3) this matter be referred to an Administrative Law
Judge. In the event that it is referred to an Administrative Law Judge, the time line ls
approximately four (4) to six (6) months to get through the process. The neighborhood and Mr.
Yermolenko would also have additional costs associated with that. The Administrative Law
Judge process involves a public hearing regarding the issuance of the license. The judge sends
recommendations about the issuance of the license to the City Council. The City Council
receives those recommendations at a public hearing concerning the issuance of a license, so there
would be a second public hearing on it. The City Councii can ignore or accept the
recommendations of the Administrafive Law Judge and impose additional conditions at that time,
which may not be acceptable to Mr. Yermolenko. It is preferable to resolve matters here at the
Legislafive Hearing level.
Ms. Moezmond continued to say that the order today includes starting off with a staff report
which talks about the license itself and the individual staff reviews that have occurred. Secondly,
the applicant has an opportunity to explain his business plans. Then, the complainant can explain
his concern about the license. In absence of the complainant, Ms. Moermond will restate what
has been heazd in writing. Then, there will be a discussion of the potential conditions that will
address some of the concerns that have come up.
Jeff Hawkins stated that he would like to amend the condirions so that they conform with the
current site plan. In condition number one (1): change the nuxnber of vehicles displayed may not
exceed 16. ...... Ms. Moermond interrupted to allow Ms. Schweinler to give her report.
Christine Schweinler apologized for being late. Ms. Schweinler stated that their recommendation
is for approval with conditions.
Mr. Hawkins continued with the amended conditions. Condition number two (2): add: an
additional 18 pazking spaces shall be provided on the north side of the site behind the fence for
vehicles awaiting repair and vehicles awaiting pick-up as indicated on the approved site plan filed
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LEGISLATIVE AGENDA - Capital Car Company - 321 Como Ave - Mazch 31, 2005 Page 2
with LIEP. Condition number 14: Finalized site plan approval by May 1, 2005. Condition
number 15: The site must be improved according to the approved site plan on file with LIEP
including the demolition of the existing out buildings and the consiruction of the proposed new
shop building by October 1, 2005. All other condirions are the same.
Ms. Moermond asked whether all other depaxtments bad reviewed this license. Mr. Hawkins
stated that all other departments had approved the license, but final approval pivots on the new
site plan and new building.
Ms. Moerxnond asked about paint. Ms. Schweinler said that no type of auto body painting can be
conducted without an approved spray paint booth. At tlus time, the applicant does not have an
approved spray paint booth. Mr. Hawkins added that the spray paint booth that is there is in one
of the out buildings thaYs going to be taken down. He referred to condition number 11. Vehicie
spray finushing/painting IS NOT allowed at any time. When the new shop is up and running with
an approved spray painting booth and the Fire Department has approved it, then that condition
will be changed. Ms. Moermond said that she wants the conditions to be clear because the
neighborhood talked explicitly about painting being a concern for them. Ms. Schweinler stated
that there are two (2) different auto body licenses:
1) auto body repair with out paint; and
2) auto body repair with paint.
They aze separate licenses. Mr. Yermolenko wlll receive a new/different license after he has
established an approved spray paint booth. Mr. Hawkins suggested new language far Condition
number 11: Vehicle spray painting/finishing is not allowed at any time until an approved spray
booth is installed and a license is issued for that function.
Ms. Moerxnond asked Jean Birkholz to retrieve a copy of the resolution for J& K Auto Sales
Auto Body at 363 Atwater Street for comparison purposes.
Ms. Moerxnond asked Mr. Yermolenko and Mr. Armbrecht to discuss the business plans. Mr.
Armbrecht stated that the concerns of the neighborhood arose primarily from the actions of the
prior owner, Mr. Rockson, who created a lot of problems. He built buildings out of code without
working with the City. He left junk vehicles, etc., on his property. The neighbors are concemed
about controlling the number of cars and how the place looks. Mr. Yermolenko very well
understands that. He has already invested quite a large amount of money. The place was a mess
and needed to be cleaned-up. He anticipates that it will cost him an additional $200,000 to put up
the new buildings. He acknowledges and respects the political process. He respects the concems
of the neighbors. He wants to get the business going as soon as possible so that he can start
recovering on his investment. Mr. Yermolenko added that he has a lot of customers right now.
He said that he works 15 hours every day. He wants to make his properiy and the business look
good. It will not only be good for his business; it will also be good for the neighborhood. He
knows that it will take a lot of money but he wants to do it. Mr. Armbrecht added that Mr.
Yermolenko is hying to do things properly. His business will be a good example for businesses in
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LEGISLATIVE AGENDA - Capital Caz Company - 321 Como Ave - March 31, 2005 Page 3
Saint Paul. He is hoping that the neighborhood will be happy with his business. He wants to be a
contributing member of the community.
Mr. Hawkins stated that whenever they brought an issue to Mr. Yermolenko, he worked to resolve
it. There was a lot of scrap metal, old cazs, etc., left by the previous owner that he has gotten rid
of. He moved his velucles to the back of the lot. Eveiydiing the City has asked hun to do, he has
done.
Ms. Moermond asked if the list of conditions contains a timeline by which the old building will be
removed. NIr. Hawkins responded that one condition reads:
Site improvements must be made according to the approved site plan on file with LIEP,
including the demolition of the existing non-code compliant out buildings by May 1, 2005,
and the construction of the proposed new shop building by October 1, 2005.
Ms. Moermond re-read the complainant letter from the District 6 Planning Council and concluded
that the concems raised were concerns that they had with the previous owner and his licenses.
Mr. Armbrecht responded that he did not think it would be proper or fair to deny Mr. Yermolenko
a license on the basis that the previous owner violated his sfipulated conditions, especially
considering everything that he has invested, and using this space is certainly better than not using
it. If this license is denied, there will be an empty lot there; if this license is approved, there will
be a nice operating business with planned landscaping.
Ms. Moermond asked if Mr. Yermolenko was also owner of the land. Mr. Yermolenko responded
that he will own the property as well as the business when the closing takes place, probably next
week.
Ms. Moermond asked Tom Beach if he had a copy of the Rice Street Design Guidelines in his
office. He responded that if there were a copy, he was not aware of it. Mr. Hawkins noted that
the City has not yet adopted the Rice Street Design Guidelines. Ms. Schweinler added that the
Zoning Code has not been changed to reflect the Rice Street Design Guidelines either. Ms.
Moermond noted that recently, the City Council reviewed a similar license application for J& K
Auto Sales / Auto Body at 363 Atwater. In their review of that license application, they added the
following condition: The license and property owner will endeavor to make property
improvements in accardance with the Rice Street Design Guidelines. She suggested that a
condition be added to this license that reads:
The license and property owner will endeavor to make property improvements in
accordance with the Rice Street Design Guidelines once they are adopted by the City of
Saint Paul.
Ms. Moermond added that such a condition acknowledges some of the neighborhood's concern
and will not change how Mr. Yermolenko will operate his business. These are guidelines; not
code requirements.
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LEGISLATIVE AGENDA - Capital Car Company - 321 Como Ave - Mazch 31, 2005 Page 4
Ms. Moermond suggested another change in the conditions: On the J& K Auto Sales Auto Body
resolution where it says "the license will be reviewed for compliance with these conditions every
six months," it should read:
The license will be reviewed for compliance in six (6) months.
Ms. Moermond went on to explain that normally a license is inspected on an annuall basis. This
condition says that the first review will be six (6) months from now (October 1, 2005) and
subsequently, on a yearly basis. However, a complaint will trigger an inspection no matter what.
Ms. Moermond also suggested that because this particulaz neighborhood has }ust gone through a
big planning process, and is not particulazly fond of auto businesses for whatever reason, it would
probably serve Mr. Yermolenko's best interests to join a group like the North End Business
Association and to make a phone call to SPARC to ask them for a copy of the Rice Street Design
Guidelines. This would show that he is initiating some interaction with his new neighbors. The
District Council represents not just the residents in a community but it also represents the
businesses, and businesses are encouraged to participate. It shows that they care.
Ms. Moermond recommended approval of this license with conditions.
Ms. Moermond added that when the site plan review is complete and Mr. Hawkins has redrafted
the conditions, the City will be asking Mr. Yermolenko to come in and sign an affidavit saying
that he agrees to these conditions. She looked to Mr. Hawkins for a time line on this. Mr.
Hawkins responded that he would have the conditions ready far signature by tomorrow morning
(Friday, April l, 2005). Mr. Beach suggested that approval of the site plan date be moved to May
15, 2005 rather than May 1, 2005, to insure that everything is taken care of. Ms. Moermond
stated that she can get the resolution through the City Council process as soon as the conditions
aze signed and the Council has had a chance to review it and sign-off on sponsorship. The
resolution will be put on the Consent Agenda of the City Council, which means that they will not
discuss it, but will adopt it along with a lot of other standard business.
The hearing was adjourned at 12:05 p.m.
/jab