08-1077Council File # �8� ����
Green 5heet # '.�Sg�3 g
RESOLUTION
�ITY OF SAINT PAllL, MINNESOTA
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6 1. The site plan #08-110537 was approved on 9/IS/2008_with conditions. Site wark (landscaping, fence,
7 striping, ADA signage and pavement mazkings, wheel stops) covered under the approved site plan must be
8 completed by June 1, 2009.
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10 2. A maacimum of five (5) for-sale vehicles may be displayed outdoors (within the fenced area) as shown
11 on the approved site plan #08-110537. Al] for-sale vehicles must be parked according to the approved site
12 plan.
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3. There are fourteen (14) employee and customer pazking spaces outside the fenced area along Park
Street (five (5) of which are compact spaces and two (2) of which are ADA parking spaces), and twelve
(12) parking spaces within the fenced azea designated for customer vehicles awaiting repair and/or to be
claimed.
19 4. A maximum of thirty-one (31) vehicles may be pazked outdoors on the property at any time. All
20 vehicles shall be parked according to the approved site plan #08-110537, dated 7/16/2008.
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5. Customer, employee, and for-sale vehicles may not be parked or stored in the driveway, alley, or pubiic
right-of-way (this includes vehicles awaiting repair and/or pickup). Customer and/or employee vehicles
may not be parked longer than 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.
6. There shall be no exterior storage. There shall be no exterior storage of vehicle parts, tires, oil or any
other similaz materials associated with the business. Storage of vehicle fluids, batteries, etc. shall be in
accordance with the Ramsey County Hazardous Waste regulations.
31 7. Trash wi11 be stored in a covered dumpster within the building.
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33 8. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked
34 outdoors must appeaz to be completely assembled with no major body parts missing. Vehicle salvage is
35 not permitted.
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37 9. All repair work shall be done within an enclosed building. No repair or refinishing shall be done on the
3S lot unless conducted within a completely enclosed building. No auto repair of vehicles may occur on the
39 exterior of the lot ar in the public right-of-way.
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41 10. Auto body spray painting is not permitted.
WHEREAS, the Legislative Hearing Officer recommends that the application for (I.D. #20080001390)
Auto Repair Garage, Auto Body Repair Shop and Second Hand Dealer — Motor Vehicle licenses for
Ascend Auto LLC, doing business as Ascend Auto LLC, 99 Hyacinth Avenue West, be approved with the
foilowing conditions:
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42 11. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed
43 forward. Backing from the street or on to the street is prohibited.
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45 12. Licensee must comply with all federal, state and local laws.
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47 13. Per DSI site plan review a total of twelve (12) new spruce trees, each a minimum of six (6) feet in
48 height, shall be planted on the property in the following locations: Five (5) in the northwest corner, and
49 seven (7) in the southeast comer (along Hyacinth).
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51 14. The hours of operation for the business shall be limited to Monday through Friday 8:00 a.m. to 6:00
52 p.m.; Saturday 9:00 a.m. to 5:00 p.m,; and closed on Sundays.
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54 Note: The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of
55 Minnesota Dealer Number is submitted to DSI upon issuance by the State of Minnesota Dealer Unit.
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57 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
58 application.
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Requested by Department of:
by
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
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Adopted by Council: Date \ (� .—\ — �7 ���`�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Cp - Council
Contact Person 8 Phone:
Nhia Vang
266-8566
MIlSt Be Op
Ot-OCT-OB
Dcc.Type: RESQLUTION
E-DOCUment Required: Y
Document Coniact: Jean Birkholz
Contact Pbone: 266-8673
1&SEP-08
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Assign
Number
For
Routing
Order
ToWI # of SignaWre Pages _(Clip All Locations for Signature)
Green Sheet NO: 3059638
o wnca
1 ooncil De ariment Director
2 i Clerk C5 Clerk
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Approving the license application with conditions, per [he Legislative Hearing Officer, for Auto Repair Garage, Auto Body Repair
Shop and Second Hand Dealer-Motoc Vehicle licenses foc Ascend Auto LLC, doing business as Ascend Auto LLC, 99 Hyacinth
Avenue West.
idations: npprove (a) on c�e)ect (tt): Yersona� service contreMS must nnswer tne ronowmg ciuesnons:
Pfanning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on sepamte sheet and attach to green sheet
initiating Prob�em, Issues, Opportunity (Who, What, When, Where, WM1y):
Advantages If Approvetl:
Disadvantages If Appro�etl:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
September 18, 2008 11:13 AM Page 1
LICENSE HEARING MINUTES � �' �D � �
Ascend Auto LLC at 99 Hyacinth Avenue West
Thursday, September 1 I, 2008, 10:00 a.m.
330 City Hall, 15 Kellogg Boulevard West
NhiaVang, Legislative Heazing Officer
The hearing was called to order at 10:04 a.m.
Staff Present: Jeffrey Fischbach, Department of Safety and Inspections (DSn; and Jean Birkholz, Council
Research
Others Present: FoNeeVang, owner, Ascead Auto LLC, doing business as the same; and Chris Brackey,
property owner
Re4uest for License; Auto Repair Garage, Auto Body Repair Shop and Second Hand Dealer — Motor
Vehicle
Ms. Vang stated that this is an informal legislative heazing for a license application. This is a Class N notification
which means that the neighborhood gets notified and has a chance to voice its concerns. If anyone has a concern,
it automatically triggers a hearing. Other Class N Licenses include; auto sales, auto repair, cabaret, tattoo parlors,
etc.—things that have an immediate impact on the neighborhood. The City received two (2) letters of concern
regarding the issuance of these licenses. The goal today is to develop a recommendation for the City Council to
consider. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to
the City Council that they issue these licenses without any conditions; 2) she may recommend to the City Council
that they issue these licenses with agreed upon conditions; or 3) she may recommend to the City Council that they
not issue these licenses but refer them to an administrative lawjudge for a further hearing and findings.
Ms. Vang will 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 taik about the business plan. Next, if there are
other people present, she will hear from those who are here in suppor[ of the issuance of the licenses and those
with concerns about the issuance of the licenses; and, she will review the letters / emails that were sent regarding
this application.
Ms. Vang wil] make her recommendation in the form of a resolution Yhat will go to the City Council for their
approval. It will appear on the Consent Agenda at a City Council meeting.
Mr. Jeffrey Fischbach, Department of SafeTy and Inspections (DSI), reported that a Building Inspection is not
applicable; Environmental Health inspection is not applicable; Licensing has approved it with conditions; and
Zoning has approved it with conditions. DSI recommends approval with the following conditions:
1. The site plan #08-110537 is approved on 7/16/2008 with conditions. Site work (fence, striping, ADA
signage and pavement markings, wheel stops) covered under the approved site plan must be completed by
April 1, 2009.
2. A maximum of five (5) for-sale vehicles may be displayed outdoors (within the fenced area) as shown on
the approved site plan #08-110537. All for-sale vehicles must be parked according to the approved site
plan.
3. There are fourteen (14) employee and customer pazking spaces outside the fenced area along Park Street
(five (5) of which are compact spaces and two (2) of which are ADA parking spaces), and twelve (12)
parking spaces within the fenced area designated for customer vehicles awaiting repair and/or to be
claimed.
4. A maYimum of thirty-one (31) vehicies may be parked outdoors on the property at anytime. All vehicles
shall be parked according to the approved site plan #08-110537, dated 7/16/2008.
5. Customer, employee and for-sale vehicles may not be parked ar stored in the driveway, alley or public
right-of-way (this includes vehicles awaiting repair and/or pickup). Customer andJor employee vehicles
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may not be parked 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.
6. There shal] be no exterior storage. There sha11 be no exterior storage of vehicle parts, tires, oil or any
other similar materials associated with the business. Storage of vehicle fluids, batteries, etc., shall be in
accordance with the Ramsey County Hazardous Waste regulations.
7. Trash will be stored in a covered dumpster within the building.
8. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehictes pazked
outdoors must appear to be completely assembled with no major body parts missing. Vehicle salvage is
not permitted.
9. All repair work shall be done within an enclosed building. No repair or refinishing shall be done on the
lot unless conducted within a completely enclosed building. No auto repair of vehicles may occur on the
exterior of the lot or in the public right-of-way.
10. Auto body spay painting is not permitted.
11. Provide maneuvering space on the properry to ailow vehicles entering and exiting the site to proceed
forwazd. Backing from the street or on to the street is prohibited.
12. Licensee must comply with all federal, state and local laws.
Note: The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of Minnesota
Dealer Number is submitted to DSI upon issuance by the State of Minnesota Dealer Unit.
Ms. Vang asked whether these are normal co�ditions for this type of license. Mr. Fischbach responded that all the
conditions are normal except for conditions I to 4.
Mr. Fischbach added that a letter was received from District Council6 stating that they had no objections to the
issuance of the Auto Repair Garage license; however, they are not in favor of the Second Hand Dealer — Motor
Vehicle license due to concern about additional traffic and vehicles associated with this type of business.
Ms. Vang reviewed the other letter of concern.
Ms. Vang asked Mr. Brackey how long he has owned this property. Mr. Brackey replied that he has owned this
property for about four (4) years. He added that this use is a permitted use in the zoning of this property. The
property has had a history of this type of use for twenty (20) yeazs. He is here today to help Mr. V ang work
through this process.
Ms. Vang asked Mr. FonNee Vang about his business plan. Mr. Vang responded that his business is currently
located in Ham Lake. The majority of his customers are from the East Side of Saint Paul where he used to live.
This is an opportuniTy for his business to be more neaz to his customers. The conditions placed on the license will
not be difficult for him to follow. He is eager to move his business into Saint Paul before winter. Ms. Vang
asked how long he has been in this type of business. Mr. V ang answered that he has worked in the automotive
business for neazly twelve (12) years; and he has had a Iicense to sell used cars for a year.
Ms. Vang asked Mr. Fischbach if he has had a chance to inspect the place. Mr. Fischbach replied that the site
plan review staff went out to take a look and take some pictures. There's a residential house to the west adjacent
to this lot and there are residential houses across the street to the south. There has been a licensed business at this
location since 1994. Mr. Brackey added that an addition was put onto the building in 1994; the original building
has been there a lot longer than that. Auto repair has been there before, and prior to that, auto repair, auto body
and auto sales.
Ms. Vang asked how the City goes about making a determination about appropriate space for the vehicles. Mr.
Fischbach explained that there are zoning requirements for auto related uses. The lot needs to have a minimum of
15,000 square feet. Zoning staff looks at site ptan layout and parking layout. Mr. Vang is looking to carry only
five (5) "for sale" vehicles which probably won't increase traffic flow. Parking requirements are based on square
footage of the display. He doesn't think that a lot for five (5) would add even one (I ) additional space under the
zoning code. This request did go through site plan review so it meets the zoning requirements.
b8 , fo��
Regarding landscaping, Mr. Brackey stated that a fence surrounds nearly the whole lot, and he planted about
twelve (12) 18-foot pine trees to provide some cover.
Ms. Vang asked Mr. Vang how signs aze displayed at the business. Mr. Vang responded that they haven't looked
at that yet. They will take direction from the Ciry. Mr. Fischbach added that they will need to get a sign permit
for the construction of the sign.
Ms. Vang asked what percentage of the business is auto body and what percentage is auto repair. Mr. Vang
responded that the building is sepazated into approximately two equal parts; each business will be about 50%.
The west side will be devoted to auto body; the east side will be for auto repair. At first, Mr. Vang will be the
sole worker. In the future, he plans to hire four (4) employees.
Ms. Vang asked Mr. Vang whether he is willing to work with staff and the district council in the future if any
problems arise. Mr. Vang replied that he would be more than happy to work with neighbors and the City. Ms.
Vang recommended that Mr. Vang build a relationship with the district council.
Ms. Vang asked how it would impact Mr. Vang if she did not recommend approvai of the Second Hand Dealer—
Motor Vehicle license as the district council recommended. Mr. Vang stated that he currently has a dealership
license and he would like to carry that over to Saint Paul. IYs not a huge dealership; only five (5) cars. He plans
to re-locate entirely from Ham Lake. Ms. Vang asked staff what Mr. Vang would need to do if he plans, in the
future, to have more cars to sell. Mr. Fischbach replied that Mr. Vang would be required to send DSI a written
explanation of how his business is changing. DSI would then be required to re-notify the neighborhood and
zoning would need to review the site plan.
At ] 035 a.m. Ms. V ang took a twenty (20) minute recess.
The hearing resumed at 10:55 a.m.
Ms. Vang began a discussion about landscaping. Mr. Brackey responded that in terms of green space, he thinks
that this property has met that criterion. Doing any more landscaping might look rather odd. Ms. Vang stated that
she is interested in providing more landscaping and proposed more bushes where there are empty spots. Mr.
Fischbach suggested that they be referred back to Site Plan Review to take a closer look at the landscaping along
Hyaci�th. Mr. Brackey stated that going back to Site Plan Review may postpone Mr. Vang from moving along
with his license. Ms. Vang stated that she does not want to prolong the license; she does want to do what is in the
best interest of the neighborhood as wel] as the business owtter.
Ms. Vang asked for the hours of operation. Mr. Vang responded that he will be open from 8 a.m. to 6 p.m.,
Monday through Friday; and from 9 a.m. to 5 p.m. on Saturday. Ms. Vang stated that garbage collection must be
done during this time frame, also.
Ms. Vang will recommend approval with the following agreed-upon conditions:
(New conditions are underlined; deleted wording has line drawn through the letters/numbers.)
1. The site plan #08-110537 is approved on ""' �-,-,-. ��0 9l15l2008 with conditions. Site work (landscavina, fence,
striping, ADA signage and pavement markings, wheel stops) covered under the approved site plan must be
completed by ^^-�'n June 1. 20�9.
2. A maximum of five (5) for-sale vehicles may be displayed outdoors (within the fenced area) as shown on the
approved site plan #08-110537. All for-sale vehicles must be parked according to the approved site plan.
3. There are fourteen (14) employee and customer parking spaces outside the fenced area along Pazk Street (five
(5) of which aze compact spaces and two (2) of which are ADA parking spaces), and twelve (12) pazking spaces
within the fenced area designated for customer vehicles awaiting repair and/or to be claimed.
4. A maximum of thirty-one (31) vehicles may be parked outdoors on the properiy at any time. All vehicles shall
be parked according to the approved site plan #08-110537, dated 7I1 b/2008.
I>� -//1 �7 �
5. Customer, employee, and for-sale vehicles may not be pazked or stored in the driveway, alley, or pub]ic right-
of-way (this includes vehicles awaiting repair and/or pickup). Customer and/or employee vehicles may not be
parked longer than 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 iot as permitted by law.
6. There shall be no exterior storage. There shall be no exterior storage of vehicle parts, tires, oil or any other
similar materials associated with the business. Storage of vehicle fluids, batteries, etc. shall be in accordance with
the Ramsey County Hazardous Waste regulations.
7. Trash will be stored in a covered dumpster within the building.
8. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehides parked outdoors
must appear to be completely assembied with no major body parts missing. Vehicle salvage is not permitted.
9. All repair wark shall be done within an enclosed building. No repair or refinishing shall be done on the lot
unless conducted within a completely enclosed building. No auto repair of vehicles may occur on the exterior of
the Iot or in the public right-of-way.
10. Auto body spray painting is not permitted.
1 l. 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 ]ocal laws.
13. Per DSI site plan review a tota] of hvelve (12) new spruce trees, each a minimum of six (6� feet in hei h�t,
shall be planted on the pronertv in the followinglocations: Five (5) in the northwest comer. and seven (7� in the
southeast corner (along Hvacinthl.
14. The hours o�eration for the business shall be limited to Monday thru Friday 8:00 a.m. to 6:00 p.m.,
Saturdav 9:00 a.m. to 5:00 p.m., and closed on Sundays.
Note: The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of Minnesota
Dealer Number is submitted to DSI upon issuance by the State of Minnesota Dealer Unit.
The hearing was adjourned at 11:03 a.m.
/jab