05-647Council File # �5 - �'4�
Green Sheet # ��d � 3 � I
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
l�
Presented By
Referred To
Committee: Date
1 Wf1EREAS, Mau Dong, d!b/a Como Avenue Auto Sales, has applied for a Second Hand Dealer -
2 Motor Vehicle license for the premises located at 509 Como Avenue in Saint Paul; and
4 WHEREAS, a hearing was held befare an Administrative Law Judge on June 8, 2005,
5 and a Report was issued on June 16, 2005, in which the Administrative Law Judge found that the
6 applicarion for the grant of a Class N license met all the requirements of law and there existed no
7 ground for adverse action; and
9 WHEREAS, the ALJ recommended that the Second Hand Dealer—Motar Vehicle license
10 be issued with conditions as outlined in the minutes from the hearing before the Legislative
11 Hearing Officer, which had been previously agreed to by the Applicant; now, therefore, be it
12
13 RESOLVED, that the findings of fact, conclusions, and recommendations of the
14 Administrative Law Judge aze hereby adopted and a Second Hand Dealer — Motor Vehicle
15 license is issued with conditions to Mau Dong, d/b/a Como Avenue Auto Sales for the premises
16 located at 509 Como Avenue in Saint Paul.
17
18 A copy of this resolution, as adopted, shall be sent by first class mail to the
19 Administrative Law Judge and to the license holder.
Requested by Department of:
By:
by City Attorney
Adopted by Council: Date �[,
Adoption Certifi� by Council
By:
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� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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�epartrnenUoffice/wunciL Date Initiated: -
�P -��ns����e���t 13-JUL-0S Green Sheet NO: 3027381
Contact Person & Phone• Deoartrnent Senf To Person InitiallDate
Rachel Gunderson � 0 i nse/Ins ecti nvi n Pro
266-87'10 p�igrt 1 i n 'on/Environ Pro De artment Director
M t ust Be on C�o�u /\qenda by ate): Number 2 . A � m
lJD►IN�U�I/� For
RoUting 3 a or's Office Ma or Assistant
'. C �'a�, Ordef 4 ouncil
5 i Cluk Ci Clerk
- Total # of Signature Pages _(Clip All Locations for Signature)
. Adion Requested:
Resolurion memorializing CouncIl action taken against the Second Hand Dealer-Motor Vehicle license application submitted by Mau
Dong, d/b/a Como Avenue Auto Sales for the premises located at 509 Como Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission t. Has fhis person/firm ever worked under a contract for this departmenY? .
CIBCommittee Yes P}o
� Civil Service Commission 2. Has this personlfirm ever been a city employee?
Yes No
.� 3. Does this peesonlfirm possess a skiit not namally possessed by any
current city employee?
- Yes No
Euplain alI yes answers on separete sheet and attach to green sheet
-- Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee applied for a Second Hand Dealer-Motor Velricle license.
:,:
AdvanWges If Approved:
c�� co,��� �t�t �s �i�ea RECEIVED
JUL � 4 2005
°'Saa°a"ta�es "^pP�°°�a: MAYOR'S OFFICE
None
� Disadvantages If Not Approved: � -
City Council action will not be completed.
Total Amount of
� Transadion: CostlRevenue Sudgeted:
Funding Source: Activity Number:
Financial Information:
' (Explain)
07/20/2005 11:17 FA% 6512669099 CITY OF ST.PAUL OFC/LIEP � 002/002
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CITY OF SAlNT PAUL
Randy C. Kelty, pAayor
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I agree to the following conditions being placed on the folbwing license(s):
License #: 20040005251
Type of Business: Second Hand Dealer - Motor Vehicie
Applied for by: MAU DONG
Doing Business As: COMO AVE AUTO SALE
at
509 COMO AVE
ST PAUL MN 55103
OFFtCE OF UCENSE, INSPECTIONS AND
ENVIRONMENTAL PRQTECTION
Janeen E. Ro�A D'naCOr
NbbSCeAtltlbc' rww.Lap-us
Condidons are as foilows: Zg � �
'1. The number of vehicles for sale displayed outdoors may not exceed�8 with an additiona� spaces
for customers and employees as shown on the approved site plan on file with LIEP.
2. All customer and employee vehicles must be parked in the area designated on the LfEP approved
site plan. Empioyee vehicies may not be parked or stored in the ailey.
3. There shal! be no exFerior 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 vehide fluids,
batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations.
4. At no time shai! vehicles be parked in the driveway or in the public right�of-way. Vehicles awaiting
repair may not be parked or siored in the alley
5. Cars for safe may not be parked on the street or pubiic right-ot-way.
6. The storage ofi vehicles for the purpose of salvaging parts is expressly forbidden. All vehiGes
parked ouMoors must appear to be compietely assembied with no major body parts missireg. Vehicle
saMage is not permitted.
7. Generai auto repair is not permitted.
8. Auto body repair and auto body spray painting is not peRnitted.
9. Customer vehicles may not be parked longer than 10 days on the premises. It shal! be the
responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the
lot as pertnitted by law.
1�. Pcovide ma�euvering space on the proQerty to allow vehicfes entering and exiiing the site to
proceed forward. Backing from the street or on to the street is prohibited.
11. Licensee mus# eomply with ail federal, state and Iocai laws.
12. All lic�nse cmt�diHons shall be reviewed in 6 months.
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Date
June 16, 2005
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washingfon Avenue South
Minneapolis, Minnesota55401-2138
TELEPHONE:(612)341-7600
TTY:(6�2)34�-7346
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Don Luna, City Clerk
City of St. Paul
170 City Hali
15 West Kellogg Blvd.
St. Paui, MN 55102
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Re: ln the Matter of the Second Hand Dealer-Motor Vehicle License
Application of Mao Dong, d/b/a Como Avenue Auto Sales, for the
Premises Located at 509 Como Avenue in St. Paul.
OAH Docket No. 3-6030-16652-3
Dear Mr. Luna:
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions, and Recommendation in the above-entitled
matter. Also enclosed is the official record, with the exception of the tape recording of
the hearing: If you would like a copy of the tape, please contact our office in writing or
by telephone at 612-341-7448. Our file in this matter is now being closed.
Sincerely,
KD .nh
Encl.
cc
Rachel Gunderson
Virginia Palmer
Mao Dong
Kerry Antrim
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KATHLEEN D. SHEEHY �`
Administrative Law Judge
Telephone: (612) 341-7602
Providing Impartial Hearings for Govemmant and Citizens
An Equal Opportunity Employer
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Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settiement Dmision
Facsimile: (612) 349-2665 Facsimile: (6�2) 349-2691 Farcimilc� !R'191'3d49F.Zd
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3-6020-16652-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF ST. PAUL
In the Matter of the Second Hand
Dealer-Motor Vehicle License
Application of Mao Dong, d/b/a Como
Avenue Auto Sales, for the Premises
Located at 509 Como Avenue in St.
Paul.
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law Judge
Kathleen D. Sheehy on June 8, 2005, at the City Hall/Courthouse, Room 41, 15 West
Kellogg Boulevard, St. Paul, Minnesota 55102. The OAH record closed at the
conciusion of the tiearing.
Rachel Gunderson,
Attorney, 400 City Hall,
appeared on behalf of the
Protection (LIEP).
Assistant City Attorney, and Virginia Palmer, Assistant City
15 West Kellogg Boulevard, St. Paul, Minnesota 55102,
St. Paul Office of License, Inspections and Environmental
Mao Dong (Applicant), 4385 Rosebriar Avenue, Vadnais Heights, MN 55127,
appeared on his own behalf without counsel.
Kerry Antrim, Community Organizer, District 6 Planning Council, 213 Front
Avenue, St. Paul, MN 55117, appeared for the District 6 Planning Council.
NOTICE
This report is a recommendation, not a final decision. The St. Paul City Council
will make the final decision after a review of the record and this Report. The Council
shall not consider any factua! testimony not previously submitted to and considered by
the Administrative Law Judge. After receipt of this Report, the Council shall provide the
appiicant an opportunity to present oral or written arguments alleging error on the part of
the Administrative Law Judge in the application of the law or interpretation of the facts,
and to present argument related to the recommended adverse action. Upon conclusion
of that hearing, and after consideration of the record, this Report, and such additional
arguments presented at the hearing, the Council shafl determine what, if any, adverse
action shall be taken, which action shall be by resolution. The Council may accept,
Ds � ��
reject or modify the Findings of Fact, Conclusions, and Recommendations contained in
this Report.�
ISSUE
Should the City grant the second hand dealer-motor vehicle license application of
Mao Dong, doing business as Como Avenue Auto Sales?
The Administrative Law Judge conciudes the license application should be
granted. �
Based upon the record herein, the Administrative Law Judge makes the
following:
FINDINGS OF FACT
Background Facts
1. This matter involves property at 509 Como Avenue in St. Paul. The
property is zoned I-1. Second-hand automobile sales are a permitted use in the I-1
classification?
2. The property is a 35,000 sq-ft parcel consisting of a large paved parking
lot with severai pole buildings. In the past there was a gas station at this location, which
contaminated the soil. The property is unsuitable for further building or development
without costly expense to restore the soil.
3. In November 2003 Dave Junglen and Pat Snyder purchased the property
from Coates RV Sales, which had used the site to store, display, and sell trailers and
recreational vehicles. Junglen and Snyder operate their business, Crosstown
Mechanical, from a warehouse on the property. They do not use much of the paved
parking area. They need the income from leasing the property to help pay the
substantial real estate taxes (in the area of $20,000) while their business becomes
established. They leased a portion of the property to Mao Dong under a one-year
renewable lease for the purpose of operating a second-hand auto sales lot.
The License Application
4. On December 6, 2004, Mao Dong applied for a Second Hand Dealer-
Motor Vehicle License for the premises located at 509 Como Avenue.
5. LIEP recommended approval of the license subject to 11 conditions, one
of which is that the number of vehicles displayed outdoors may not exceed 28, with an
' St. Paui Legisiative Code § 310.05 (c-1).
Z Ex.Aat2.
3 Testimony of David Junglen.
° Ex.1.
2
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additional four spaces for customers and employees. The Applicant agreed to these
condifions 5
6. The application was reviewed and approved by all the appropriate
divisions and departments of the City.
7. LIEP senf notice to residents within 300 feet of the proposed business,
and to the community organization for the area, District 6 Pianning Council, as required
by the St. Paul Legislative Code.�
8. The District 6 Planning Council objected to the issuance of the license on
the basis that too many auto-related businesses were located in the area and that
approval would discourage the Planning Council's goal in its Large Area Plan of
diversifying the types of businesses in the area $
9. The District 7 Planning Council objected to issuance of the license on the
basis that the business was inconsistent with the goals of a multi-neighborhood
revitalization effort and the Great Northern Corridor Project.
10. Sparc, a nonprofit community organization working to increase affordable
housing and support small business in the area, objected to issuance of the license on
the basis that a second hand motor vehicle dealer land use is inconsistent with the
vision for the Great Northern Corridor, the District 7 Large Area Plan, and the Como-
Dale Small Area Plan.�
11. The Great Northern Corridor, a neighborhood organization, objected to the
issuance of the license based on its view that the business is inconsistent with the goals
of the Great Northem Corridor Project."
12. At the hearing before the Legislative Hearing Officer held pursuant to St.
Paul Legislative Code §310.05, the LIEP inspector recommended issuance of the
license with 11 conditions. At the hearing, the applicant agreed to add another
condition, calling for review of license conditions in six months as opposed to the annuai
review required by ordinance t
13. The Legislative Hearing Officer sent the matter to the St. Paul City Counc�l
with a recommendation that the license be issued with the conditions. At the Council
hearing, the matter was referred to an Administrative Law Judge to take evidence and
5 Ex. 7; Testimony of Jeffrey Hawkins.
6 Ex. 7.
'Ex.Aat1.
8 Ex. A at 1; Ex. 2.
9 Ex. A at 1; Ex. 3.
70 Ex. A at 1; Ex. 4.
�� Ex. A at 1; Ex. 5.
' Exs. 7 & 8.
3
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consider arguments that the proposed business is inconsistent with the Large Area Plan
and is not the best use of the property.
14. On June 1, 2005, the Office of LIEP issued a Notice of Administrative
Hearing, setting the hearing date in this matter for June 8, 2005.
Based upon the above Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1. The Administrative Law Judge and the St. Paul City Council have
jurisdiction in this case.�
2. The Applicant received timely and proper notice of the hearing, and the
City has complied with aii relevant procedural requirements of statute and rule.�
3. The City has authority to grant a license and to impose certain conditions
on that license.�
4. The sale of used automobiles requires a license from LIEP.�� The
applicants have met all the requirements for this license.
5. No new license shall be granted by LIEP without full compliance with the
requirements of the St. Paul Zoning Code.�
7. Under the St. Paul Zoning Code, second hand auto sales are a permitted
use in the I-1 zoning classification. The license is in full compliance with the
requirements of the St. Paul Zoning Code.
8. Where the application for the grant of a Class N license meets all the
requirements of law, and where there exists no �qround for adverse action, the director
shall issue such license in accordance with law. 9
9. The Applicant has shown by a preponderance of the evidence that it has
met the requirements for a second-hand dealer motor vehicle license and is in
compliance with the zoning code.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
13 Ex. A at 2; Ex. 9. See also Notice of Administrative Hearing, June 1, 2005.
'" St. Paul Legisiative Code § 310.05.
is /d.
16 /d. §§ 310.04 and 310.06.
" /d. § 401.01(a).
18 /d. § 310.03.
79 /d. § 310.04(d)(1).
�
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RECOMMENDATION
IT IS HEREBY RECOMMENDED that the application of Mao Dong, d/b/a Como
Avenue Auto Sales, for a second hand dealer-motor vehicle license be GRANTED
subject to the conditions recommended by LIEP.
June 16, 2005
� 1�c�NlXx
THLEEN D.SHEEHY
Administrative Law Judge
Reported: Tape-recorded (one tape, not transcribed)
MEMORANDUM
The District 6 Planning Council acknowledges that the Applicant is in compliance
with zoning ordinances and meets all other licensing requirements. The Council
representative stated that her goal in this process was to urge consideration of the
Large Area Plan and the potential for development of the property in a manner
consistent with the Plan. The law requires, however, that the license be issued if
licensing requirements are met and the applicant is in compliance with the zoning code.
Furthermore, issuing a license to this Applicant is not inconsistent with
consideration of the long-term goals in the Large Area Plan. No one is currently
seeking to restore and develop the property in a different manner. The Applicant is not
intending to construct any buildings on the site, and he is not envisioning a long-term
operation there. He has a one-year lease. His business is, by its nature, portable; it
could easily be relocated if that became necessary in the future. The Plan requires no
further consideration in a licensing matter. The owner must be ailowed to lease the
property, and a license must be issued to a qualified appiicant for a specifically
permitted use.
The owner indicated at the hearing that he was not opposed to measures to
beautify the site with landscaping, but that he lacked the funds to make such
improvements now. He did indicate that if the license were issued, he would remove
the barbed wire at the top of the fence to satisfy aesthetic concerns. This could be
added as an additional condition on the license.
K.D.S.
5
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CITY OF SAINT PAUL
Kelly, Mayor
June 20, 2005
OFFICE OF Tf� CITY ATTORNEY
ManueZJ. Cervantes, CiryAttorney
CivilDevision
400 Ciry Hall
IS WutKel7aggBlvd.
SaintPauZ, Mirzrzesata Si102
NOTICE OF COUNCIL HEARING
Mau Dong
Como Avenue Auto Sales
509 Como Avenue
St. Paul, MN 55103
Telephone: 651266-871 D
FacsimiZe: 651 ?98-5619
RE: Second Hand Dealer-Motor Vehicle License application submitted by Mau Dong, d/b/a Como Avenue Auto
Sales for the premises located at 509 Como Avenue in Saint Paul
OAH Docket No. 3-6030-16652-3 •
Deaz Mau Dong:
Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned
application has been scheduled for 5:30 p.m., Wednesday, July 6, 2005, in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
You have the opporiunity to file exceprions to the report with the City Clerk at any rime during normal business
hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received
ar testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the
Administrative Law Judge and on the uguments made and exceptions filed, but may depart from the recommendarions
of such Judge as permitted by law in the exercise of its }udgement and discretion.
Sincerely,
��
Rachel Gun son
Assistant City Attorney
cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square,
Suite 1700, Minneapolis, MN 55401
Mary Erickson, Assistant Council Secretary, 310 City Hall
Chrisrine Rozek, Deputy Director of LTEP
Mau Dong, 4385 Rosebriar Avenue, Vadnais Heights, MN 55127
Dick Lashamb, 5697 Donegal, Shoreview, MN 55126
Kerry Antrim, Community Organizer, District 6 Planning Council
213 Front Avenue, St. Paul, MN 55117
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