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05-460j � � ��� ��� � - ��� �j'���1Q(� Council File # �S V� /� `"` �.-s.�'�`.'_ � Presented Referred To RESOLUTI ON CITY OF SAINT PAUL, MINNESOTA Green Sheet # 3026424 Z� Committee Date WHEREAS, the Legislative Hearing Officer recommended that the license application (2004000525 for Second Hand Dealer-Motor Vehicle License by Mau Dong, Sole Proprietor, doing business as Como A nue Auto Sales, 509 Como Avenue, be approved with the following conditions: 1. The number of vehicles for sale displayed outdoors may not exceed 28 with an ad 'tional4 spaces for customers and employees as shown on the approved site plan on file in LIEP. 2. All customer and employee vehicles must be pazked in the area designated the LIEP approved site plan. Employee vehicles may not be parked or stored in the alley. 3. There shall be no exterior storage of vehicle parts, tires, oil, or any o er similar materials associated with the business. Trash will be stored in a covered dumpster. Stora of vehicle fluids, batteries, etc. shall be in accordance with the Ramsay County Hazardous Waste regulaf ns. 4. At no time shall vehicles be parked in the driveway or in public right-of-way. Vehicles awaiting repair may not be parked or stared in the alley. 5. Cazs for sale may not be parked on the street or publi ight-of-way. 6. The storage of vehicles for the purpose of salvagin parts is expressly forbidden. All vehicles parked outdoors must appear to be completely assembl with no major body parts missing. Vehicle salvage is not parmitted. 7. General auto repair is not permitted. 8. Auto body repair and auto body spray p' ting is not perxnitted. 9. Customer vehicles may not be parke onger than 10 days on the premises. It shall be the responsibility of the licensee to ensure that any veh' e not claimed by its owner is removed from the lot as permitted by law. 10. Provide maneuvering space on t e property to allow vehicles entering and exiting the site to proceed forward. Backing from the s et or onto the street is prohibited. 11. Licensee must comply wi ll federal, state, and local laws. 12. All license conditions s 1 be reviewed in 6 months. THEREFORE, BE IT application with the,� i� VED that the Council of the City of Saint Pau1 hereby approves this license [ioned condiYions. -1- oS- '�'l00 Green Sheet 3026424 Yeas Nays Absent Benanav Bostrom Harris Helgen Lantry Montgomery Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Departrnent of: � Form Appxoved by City Attomey � Approved by Mayor for Submission to Council � -2- � Green os ��o Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrne�Uoffice/council: Date initiated: co -�o��il it-MAY-0S Green Sheet NO: 3026424 Contact Person & Phone: DeoartrneM Sent To' Person IniNaUDate Marcia Mcertnond � � 0 ouncit � 266-8560 p�� 1 ouncil De ardmeutDirector Must Be on Council Agenda by (Date): Number Z o � o ��� For Routing 3 Order 4 5 ToW I# of Signature Pages _(Clip All Locations for SignaW re) Action Requested: Approving applica6on with condirions, per the Legislarive Hearing Officer, for Second Hand Dealer-Motor Vehicle License by Mau Dong, Sole Proprietor, doing business as Como Avenue Auto Sales, 509 Como Avenue. Recommendations: Approve.(A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person�rm ever worked urWer a contract For this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any . current city employee? � Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantapeslfApproved: � � � Disadvantaqes If Approved: ��(�j1 Rf3SR�'Ch ���( MAY � � 2005 DiSadvanWges If NotApProved: l � 4 � . � .�.. . a.....wc.. � Total Amount of Cost/Revenue Budgeted: Trensaction: Funtlinp Source: Activity Number: Financial 1 nfortnation: (Explain) - ��e..M �� U4�{(�,p NIII�]iJ"I'ES OF TFTE LEGISLATIVE HEARING COMO AVENiJE AUTO SALES — 509 Como Avenue Thursday, February 10, 2005 Room 330 City HalUCourthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 11:04 a.m. STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protection (LIEP); Kristine Schweinier, LIEP Mau Dong, owner, 4385 Rosebriaz Avenue, Inver Grove Heights, appeazed. Marcia Moermond explained that that is a Class N License, which means the neighborhood was notified that this was a proposed business for this location. The neighbors wrote letters with concerns or objections about the issuance of this license. At this hearing, Ms. Moermond will hear from the applicant about the business plans. Then, she will heaz from people who have come to speak in favor or opposition to the application. Then, she will invite the applicant to the table again. There aze three possible outcomes from this hearing that she will recommend to the City Council: 1) recommend that the license be issued without conditions 2) recommend that the license be issued with conditions, 3) refer this license application to an Administrative Law Judge. There would be a public hearing at that level, it would come back to the City Council for another public heazing. The Council would accept or reject the findings of the Administrative Law Judge. This process can take four to six months with attorney fees. It is a lot of time and money. It is better for all involved to mediate concems at this level. Kristine Schweinler appeazed and reported this is a Second Hand Dealer-Motor Vehicle license for 509 Como Avenue. This application is being approved by LIEP, which includes zoning and licensing. Condition 1 has been modified: the nuxnber of vehicles caxuiot exceed 28 plus 4 for customer/employee parking. The additional numbers have been added and will have to be signed. Jeff Hawkins appeared and reported that the applicant turned in a site plan and Tom Beach (LIEP) revised it. (Mr. Hawkins submitted copies of this site plan.) Mau Dong stated he is applying for a second hand dealer license with no mechanical work or auto repair. There is plenty of room for vehicles. He is applying for a few cars. It will not be a big dealership. It is a one man show. In answer to several questions, Mr. Dong responded that he worked at North Suburban as a mechanic for 15 years. He is looking for short term and not long term. He is leasing the property far one year. It is renewable. Dick Lashomb, owner of North Suburban Auto Sales, appeared and stated Mr. Dong and he have become friends over the years. North Suburban has been there for 20 yeazs and done well. The following appeared: David Junglen and Pat Snyder, owners of 509 Como Avenue. They said they are here to support Mr. Dong, who came to them looking for a car lot. They believe this Zt c r� ♦� ps'�I (v�? MINUTES OF TIIE LEGISLATIVE HEARING-COMO AVENUE AUTO SALES Page 2 is a good location. The site cannot be used for anything else. It is polluted: there used to be a gas station there. He thought it would be a good place for a car lot and aze paying about $16,000 a yeaz in taYes for just the pazking lot. They are trying to offset that amount. In answer to several quesrions, Mr. Junglen responded the business was acquired in November 2003. They have been parking service vehicles there, but there is a lot of development in the area. He is interested in doing something down the road on that properiy. A trailer was stored and sold there for 50 years. Before that, they did trailer sales and had a gas station there. (Monte Hilleman disseminated paperwork.) Monte Hilleman, 843 Rice Street, Project Director for Great Northern Corridor, appeazed and stated they aze a collaborative of roughly 36 different organizations including pubiic agencies, nonpmfit arganizations, district plac�ning councils, local businesses, and elected officials. From their vision written in 1997, a shortened version was adopted as a small area plan. It was put together by the community groups in partnership with residences, businesses, public agencies. On the second page, there is a map which depicts the area where this site is located. Two buildings are completed and one will be completed. About $21 Million of new building investment has been put in with a$14 Million cost of environmental cleanup. This is the catalyst for the neighborhood revitalization. There is a section on the third page about Como Avenue. Their work plan is to develop a strategy to improve Como Avenue. A low intensity land use with little or no landscaping and little or no job creation is not consistent with the plans for this site. Mr. Hilleman has met the owners of the properiy. The Crreat Northern Conidor has secured contamination cleanup funds in the past, and they could repair the site for redevelopment. They also understand their need to see some revenue off that properry. There is a 15,000 square foot minunum lot size requirement. The parcel itself is 35,000 square feet. The lot itself is not 15,000 square feet. It may meet the minimum lot size requirement. The actual business operation does not meet the intent of the ordinance. The Crreat Northern Comdor has some interest in the site. There is a long 50 year history of auto related uses being a perennial problem: trailers parked on sidewalk, illegal auto use across the street. There is concern that if this license is granted as is without a review period, the situation could get out of hand and cause problems far the multi-million dollar revitalization efforts in the neighborhood. Their recommendation would be an annual review of the license as Como Avenue improves and the business owner's plans develop. Ms. Schweinler stated that all the licenses are annually reviewed for the conditions every year. Ms. Moermond stated the code is set up so that notification is required for the initial issuance of the license, but not for its renewal. She asked can conditions be added at that point. Ms. Schweinler responded conditions can be reviewed at any time if there are complaints lodged or a change in the business. Mr. Hawkins added that conditions can be added in the ALJ process without the applicant's permission. Zt et•�, �� OS-4v0 MINUTBS OF THE LEGISLATTVE HEARING-COMO AVENi JE AUTO SALES Page 3 Mr. Hilleman stated there has been enough concem that they would appreciate this license application moved to Council for full discussion regazding the effect of this land use for the bike lanes, reconshuction, and revitalization changes in the neighborhood. Kerry Antrim, District 6 Plamiiug Council, 213 Front Street, appeared and stated District 6 voted to not recommend the license due to the surplus of auto related businesses in the district. The approval of this would discourage the District 6 Pluining Council's goals in the large azea plan, which is to diversify the businesses. She got information from Councilmember Helgen's Office concerning the number of auto related licenses in District 6. Out of 83 auto related licenses in the district, 44 of them have conditions attached. There are 20 second hand dealers in District 6 Plamiiug Council. There aze nine salvage yazds and four new car lots. In District 5, there were 28 total complaints for auto related businesses. There aze a number of zoning complaints concerning auto related businesses. The only district higher than theirs is District 7. Far those reasons and for trying to be true to the lazge azea plan, the Great Northem Corridor vision, the vision of the residents, and the makeover, it is requested that they would do a six month review of the business. Ms. Moermond stated that the six month or one year review condition has to be agreeable to the applicant. At this level, they cannot force conditions on the applicant. The ALJ can force conditions. Ms. Moermond asked if the districYs large area plan and the Crreat Northern Corridor small area plan have been adopted as appendices to the City's land use plan, and she asked were zoning changes imbedded in those. Ms. Antrim responded that she read over the lazge area plan and she did not see any actual changes. Sai Thao, SPARC, 843 Rice Street, Economic Development Program Manager at SPARC, appeazed and stated this business is not part of their vision to improve Como Avenue. They do a lot of investrnent along Como-Front-Dale. They have put over $1 Million in the area. This is a low density area. They would like to see housing or higher buildings instead of having auto related businesses, especially used caz. He is willing to work with the owner to improve the site in the future. Mr. Hilleman stated that he would recommend that this matter be sent to an ALJ. It is inadequate lot size. That is an issue that an ALJ would review. Ms. Moermond responded that she is not hearing the owner is not amenable to conditions that have been brought up. Mr. Hilleman stated the 15,000 square foot minimum lot size does not capture what is going on with the parcel. He should file an appeal of the site plan determination filed by staff: Mr. Hawkins added that the appeal would go to the Boazd of Zoning Appeals. Mr. LaShomb asked what would District 6 or Great Northern want there. He is looking about four years down the road. If they want to change it, then the business can be moved. There will be a nice business. He has been in business for 20 yeazs. oS 4V0 MINLTTES OF THE LEGISLATIVE HEt1RING-COMO AVENUE AUTO SALES Page 4 Mr. Hawkins stated they have not changed anything that is there. The fence was there. The lot was there. It is on one parcel. The owner is subletting office space. There is parking on one azea of the pazcel. This is a surface pazking azea. It can be changed in a month. Mr. Dong stated they have plenry of spots. People complain about how the auto lot will look, but they do not complain about the empty lot, which is used as a dump site. Ms. Moermond asked about the license being reviewed in six months and then at a one yeaz juncture. Ms. 5chweinler added that the license is reviewed annually. At anytime there is a complaint, it will be reviewed then, too. There does not have to be six months put on the license. Ms. Moermond responded she knows that is how the system warks. The neighborhood seems like they need a higher level of insurance. Mr. Dong responded that he does not have a problem with this. Ms. Moermond stated there are lots of concerns azound physical appearance of the area. Little things would make it a more attractive space. Lots of people hire landscape architects to put in plantings to approve spaces. This is a legal business. The space is zoned to handle this kind of business. In the fixture the zoning might change. It looks like the neighborhood is going that way. Ms. Moermond asked is the owner willing to take steps to improve the physical appearance. Mr. Hawkins added that he will give the owner landscaping information. There would be CDC funds, also. Mr. Junglen stated in the future they plan to do a lot of things. It would defeat their purpose at this time. Ms. Moermond responded there is assistance to do these kinds of things. It is typical for organizations such as SPARC to do this kind of assistance. There are some landscaping solutions that do not preclude the future investrnent options. Mr. Junglen stated they have some vision for the property. The fence may be gone anyhow. Ms. Moermond responded she is looking at an overall beautification of the site. Mr. Junglen responded they have done things to the properry, such as pulling at the weeds. Ms. Moermond stated this is a sensifive site right now. She senses they are agreeable to the six month review. She would like to leave it at a good faith handshake to look at this issue with the neighbors. Ms. Moermond recommends approval of the license application with the following conditions, which have been signed by the applicant: 1. The number of vehicles for sale displayed outdoars may not exceed 28 with an additional4 spaces for customers and employees as shown on the approved site plan on file in LIEP. 2. All customer and employee vehicles must be pazked in the area designated on the LIEP approved site plan. Employee vehicles may not be parked or stored m the alley. 3. There sha11 be no e�terior 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. sha11 be in accordance with the Ramsey County Hazardous Waste regulations. �'� e M �� c� -yeo MINUTES OF THE LEGISLATIVE HEARING-COMO AVENiIE AUTO SALES Page 5 4. At no time shall vehicles be parked in the driveway or in the public right-of-way. Vehicies awaiting repair may not be pazked or stored in the a11ey. 5. Cars for sale may not be pazked on the street or public right-of-way. 6. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles pazked outdoors must appeaz to be completely assembled with no major body parts missing. Vehicle salvage is not permitted. 7. General auto repair is not perxnitted. 8. Auto body repair and auto body spray painting is not permitted. 9. Customer vehicles may not be pazked longer than 10 days on the premises. It shall be the responsibility of the licensee to ensure that any vehicle not clauned by its owner is removed from the lot as permitted by law. 10. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or onto the street is prohibited. 1 L Licensee must comply with a11 federal, state, and local laws. 12. All license conditions shall be reviewed in 6 months. The hearing was adjoumed at 12:05 p.m. rrn