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07-657co„o�►� F�le # 0 7_� 7 Green Sheet # 3041816 Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA ��' WHEREAS, the Legislative Hearing Officer recommends approving the Auto Repair Garage License (20070000947) for Ross D. Van Ness, owner, doing business as RD's Automotive, 1360 Rice Street, with the following condirions: 1. All customer and employee vehicles must be pazked in the designated spaces as shown on the approved site plan on file in DSI dated 4/25/07. There aze forty-three (43) pazking spaces: thirty-one (31) outside and twelve (12) inside the shop. Any changes to the site plan must be approved by tt�e Zoning Administrator. 2. Customer, employee or repair vehicles shall not be parked or stored on the street or in the alley. This includes cars which have been repaired and aze awaiting pick-up by their owners or vehicles awaiting repair. At no time shall vehicles be parked in the driveway or in the public right-of-way. 3. 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. 4. The license holder agrees to maintain the fencing and landscaping, vehicle location and vehicle barriers in a manner consistent with the approved site plan. 5. All vehicles parked outdoors must appeaz to be completely assembled with no major body parts missing. 6. Vehicle salvage is not permitted. 7. Auto sales are not permitted. 8. Auto body repair and painting are not permitted. 9. No repair of vehicles may occur on the exteriar of the lot or in the public right-of-way. All repair work must occur completely within an enclosed building. 10. Customer vehicles maq not be pazked longer than ten (10) days on the premises. 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. 11. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or on to the street is prohibited. 12. Licensee must comply with all federal, state and local laws. 13. Storage of vehicle fluids batteries, etc. shall be in accordance with Ramsey County Hazazdous Waste Regulations. 14. Licensee will be in compliance with all conditions prior to the license being issued. A DSI inspector will provide written authorization prior to issuance of the license once compliance with the license conditions is verified. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license. v � Benanav Bostrom Harris Helgen Lantry Montgomery Thune Yeas Nays ✓ ✓ ✓ ✓ a I !/ Absent Approved by Mayor: Date _ B Requested by Depamnent of: ✓ Adopted by Council: Date Adoption Certified by Counci] Se etary BY ` Sd�' ��31�a � � Form Approved by City Attorney By: Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � 7'�os� co -����� Contact Person & Phone: Marcia McemrocW 266-8570 Must Be on Council Agenda by (DaM�: 25-JUL-07 Doc.Type: RESOLUTfON E•Document Required: Y DocumentConWCt: JeanBirkholz Conqct Phone: 266-8673 16JUL-07 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3041816 0 onecii 1 ounca7 De ar[ment D"uector 2 ' C1erk ' Clerk 3 4 5 Approving the license application with condifions, per the Legistative Hearing Officer, for an Auto Repair Gazage license for Ross D. Van Ness, owner, doing business as RD's Auromotive, 1360 Rice Street. tlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Followfng Questions: Planning Commission 1, Has this person�rm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current cAy empfoyee? Yes No Explain all yes answers on separate sheet and atfach to gree� sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Fundi�g Source: Financial Information: (Explain) Activity Number: CosVRevenue Budgetetl: .luly 16, 2007 3.20 PM Page 1 o>--� s7 LICENSE HEARING MINUTES RD's Automotive at 1360 Rice Street Monday, June 25, 2007, 10:00 a.m. 330 City Hall, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:13 a.m. Staff Present: Jeff Fischbach and Jeff Hawkins, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Ross D. Van Ness, business and property owner; and Kerry Antrim, District 6 Planning Council RD's Automotive: Auto Repair Garage license Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. Other Class N Licenses include: entertainment, liquor, auto sales, etc.—things that have an immediate impact on their neighbors. The City received two letters of concem to the issuance of this license which means that a Legislative Hearing was necessary. Ms. Moermond wi11 begin with a staff report. Staff will be asked to explain their review of the application and will also explain their recommendation. Then, she will ask the applicant to talk about the business plan. Next, she will hear from people who are here in support of the issuance of t1�e license and those with concerns about the issuance of the license and, she will talk about how to deal with some of those concerns. Finaily, Ms. Moermond will make a recommendation which will be presented to the City Council. Mr. Jeff Fischbach reported that an inspector went out to this site in February, 2007 and found that Mr. Van Ness had moved his operation from 1431 Rice Street. The inspector ordered Mr. Van Ness to come in and apply for an auto repair garage license for this location since licenses aze not transferable. There had been a previous auto repair license at this location. Previous to that, there was an auto body shop there. Staff has recommended fourteen (14) conditions. District 6 has voted to recommend denial because of - a lack of apparent ADA-compliant parking in the plan - apparent lack of improvements planned for the property - potential issues with access crossing the neighboring property line - applicant not being present to respond to questions or address issues. Fire Inspection has approved it; Licensing has recommended approval with conditions; and Zoning has approved it with conditions. The Departrnent of Safety and Inspections recommends approval with conditions. Mr. Jeff Hawkins reported that there are no improved pazking surfaces at this location. The original zoning summary sheet states that there are 43 off-street pazking spaces. When he inspected in spring, he came up with an adjusted site plan where he could get 31 pazking spaces plus the twelve (12) bays. There is no legal parking along the east side of the property. To come up with more parking spaces, the applicant will need to go through a formal site plan review and address drainage, ingress and egress, survey the property lines, landscaping, etc. There is an unimproved alley along the property line. Staff has no problems with the ingress and egress as it is laid out now. 0 7 - �"7 Mr. Van Ness moved to this location at 1360 Rice Street on September 1, 2006. When the inspectors came to do their yearly inspection at his previous location, they saw the signs that he had moved. They came to the new location and told him that he needed to re-apply for his license. Ms. Moermond asked Mr. Van Ness whether he was prepared to sign an affidavit confirming that he would abide by the stated conditions. He answered that he was. Ms. Moermond asked Mr. V an Ness if he was pianning to do any improvements to the property. Mr. Van Ness replied that he is planning to do some landscaping improvements along the hill and is working with Linder's. Also, he is talking with asphalt people about paving the pazking lot; however, there is a drainage issue in the alley and with Mr. Brackey that needs to be addressed prior to those improvements being made. The roof will be improved during the spring of 2008. Hopefully, the landscaping and parking lot will be done this year. Mr. Van Ness noted that there has always been a drainage issue. When he purchased the property, the previous owner said that it was taken care of. Mr. Brackey bought the neighboring property five-six years ago and from his understanding, raised it illegally. He did not get permission fram the City. That was where all the water in the azea drained to, Ever since Mr. Brackey raised his property, the surrounding propeRies have been having water issues—like flooding this past spring. Mr. Moermond asked if the City had a record of an excavation permit pulled on the Brackey property. Mr. Hawkins replied that Mr. Brackey had not pulled any permits. She asked if the property would be red-tagged and Mr. Brackey would be asked to remove the dirt. Mr. Hawkins replied that he would need to do more research. Tom Beach, Site Plan Review, did take some enfarcement action back in 2004. Mr. Hawkins stated ti�at he will take some enforcement action on the exterior stoxage that's on the Brackey property. The Brackey property used to serve as drainage for the whole area. Mr. Hawkins brought a site plan review packet for Mr. Van Ness because he will need to go through the site plan review process for his property to make sure that the drainage problem will not be made worse. Ms. Moermond asked Mr. Van Ness when he plans to do the landscaping changes. Mr. Van Ness said that Linder's is cunently working on a plan. He plans to finish the landscaping and pazking lot this year. Mr. Van Ness noted that he did not receive notice £or the District 6 meeting and that he would have been there if he had been aware of it. Ms. Moermond asked to receive more information on the un-improved alley. Mr. Hawkins replied that the alley has not been vacated; it is City-owned, but the City does not maintain it. Kerry Antrlm, District 6 Planning Council, addressed the hearing. Ms. Antrim stated that notification for their meeting had been sent, and she had talked at length with the applicant on the phone after the meeting. Mr. Van Ness sent a letter to Jeff Martens, Land Use Committee, addressing all District 6's concerns. They are, however, very concerned about the flooding in the azea and Mr. Brackey raising his property. Mr. Brackey has a long history of avoiding permits. District 6 would very much appreciate DSI looking into that. The district council has faith that Mr. Van Ness will make the improvements to the property once the drainage problem with Mr. Brackey is taken caze o£ Ms. Antrim invited Mr. Van Ness to come to the district's meeting the following evening to make his presentation. Ms. Moermond took a look at the letter of objection from Mr, Brackey. She said that Mr. Brackey indicates that the alley between their properties is the only access to the properties, so the license must be subject to restriction to parking on the street, which seems rather peculiar. He also indicates that Mr. 2