10-262Suspension 3/10/2010
RESOLUTION
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ITY OF SAINT PAU
Presented by
Council File # �_
Green Sheet # .�//J/ y/
NNESOTA
WHEREAS, the Legislative Heazing Officer recommends that the application to (I.D. #20070002366) Add an Auto Repair
Garage license to the existin� Second Hand Dealer— Motor Vehicle license for Axtman Auto Sales Inc., doing business as
Axtman Auto Sales Inc., 336 Larpenteur Avenue West, be approved with the following conditions:
I. The applicant shal] maintain a current ]ease with Ramsey County for the use of right-of-way property along Larpenteur
Avenue.
2. Customer/employee parking and vehicle display areas shal] be arrange in accordance with the approved site plan on file
with the Deparhnent of Safety and Iaspections (DSI) dated 1 I/16/09. The total number of vehicles permitted on site
(inclusive of the Ramsey County right-of-way) is not to exceed fifty-seven (57). A minimum of fourteen (14) parking
spaces shall be maintained for customer and employee parking, with such spaces clearly designated with appropriate
signage.
3. If the ]ease is terminated with the County, vehicle display area shall be removed from the right-of-way and barriers
installed to prevent encroachment in the Larpenteur Ave. R.O.W. Loss of this area represents a reduction in the
number of vehicles by 20 spaces and shall have a conesponding effect of reducing the number of vehicles, allowed on
the lot, from the current fifty-seven (57) vehicles to no more than thirty-seven vehicles (37).
4. There shall be �o exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business.
Trash wil] be stored in a covered dumpstec Storage of vehicle fluids, barteries, etc., shall be in accordance with the
Ramsey Counry Hazardous Waste regulations.
5. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles pazked outdoors must
appear to be completely assembled with no major body parts missing. Vehicle salvage is not permitted.
6. Auto body repair and auto body spray painting is not permitted.
Z Maneuvering lanes on the property sha11 be maintained, to allow vehicles entering and exiting the site to proceed
forward. Backing from the street or on to the street is prohibited.
8. Licensee must comply with all federal, state and local laws.
THEREFORE, BE IT RESOLVED that the Council ofthe Ciry of Saint Paul hereby approves this license applicatio� with the
aforeme�tioned ageed-�pon conditions.
Bostrom
Carter
Harris
Helgen
Stark
Requested by Department of:
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Form Approved by City Attorney
By:
31
Adopted lry Councih Date
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Adoption Certified by Council retary
BY= 1 / /!/s ��
Approv Da4e �� � �/V
By: � �!L-/ti_�(
Form Approved by Mayor for Submission to Council
By:
M����"'�
3'
� Green Sheet Green Sheet
10-262
Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUOffice/COUncil: Date Initiated:
�o_�°°°°�� 10MAR2010 Green Sheet NO: 3101876
Contact Person 8 Phone:
Department Sent To Person InkiaVDate
Marcia Moermond y o oun�u ��
266-8570 7 ounciS D artmentDirector
A551gn 2 'tyClerk (5 Clerk
Must Be on Council Agenda by (Date): Number 3 0
10-MAR-10 For
Routing 4 �
Doc.Type:RESOLUTION Order 5 �
E-Document Required: Y
DocUment Contact: Jean Birkholz
Conqct Phone: 2668673
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approving the license applica[ion with conditions, per khe Legislarive Hearing Officer, for an Auto Repair Garage license for
Axtman Auto Sales Inc., doing business as the same at 336 Lacpenteur Avenue W est.
Recommendations: Approve (A) or Reject (R): Personai Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contred for this department?
CIB Committee Yes No
Civil Service Commission 2. Has lhis person/firm 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
Explain aii yes answers on separste sheet and attach to green sheet.
Initiating Problem, Issues, OpportuniTy (Who, Wha1, When, Where, Why):
AdvanWges If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
ToWI Amount of
Transaction: Cost/Revenue Budgeted:
Funtling Source: Activity Number:
Financial Information:
(Explain)
March 10, 2010 1035 AM Page 1
10-262
02/'L5/'t�10 10:38 FAX 651268A099 CSTY OP ST.PAUL OFC/LIEP
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CfTY OF SAINT PAUL DEPARTMENTOFSAFE�1'P.ND WSPECTIONS
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Christopher B. Coleman. Mayor 315Jedavn 91rae� s��e 220 7elaphane' f��/ �68489
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I agree to the following conditions being placed on [he following ticense(s):
License #: 20090004� 66
TYPe of Business: Auto Repalr Garage
Second Hand Dealer - Motor Vehicle
Applied for by: AXTMAN AUTO SALES INC
Doing Business As; AXTMAN AUTO SALES INC
at:
336lARPENTEUR AVE W
5T PAUL MN 55113
Conditions are as foliows:
1 7he applicant shall mainVain a current lease with Ramsey County for the use of right-of-way property
along Larpenteur Avenue.
2.Customedemployee parking and vehicle display areas shall be arranc�e in accordance with the
ap{�roved 51Le plen on file with the Dept. of Safety and Inspections, dated 11/16/09. The total number
of vehicles permitted on site (inGUSive of the Rarnsey County right-of-way) is not to exceed fifty-seven
(57). A minimum of fourteen (14) perking spaces shall De malntained for wstomer and employee
parkiny, witfi such spaces clearly designated with appropriate signage.
3. If the fease is terminated with the County, vehlCle display area shall be removed from the
right-of-way and 6arriers Installed to prevent encroachment in the Larpenteur Ave. R.O.W . Loss of
this area rep�esents a reduction in the number of vehicles by 20 spaces and shall have a
corresponding effect of reducinp the number of vehicles, allowed on the lot, from fhe current
ffty-seven (57) vehicles to no more than thirfy-seven vehides (37).
4. l"hare shall be no exterior storage of �ehicle parts, tires, oii or any other similar materials
associated with the business. Trash will be stored in a covered dumpsier. Siorege of vehicle fluids,
batteries, ete„ shall be in accordance with the Ramsey County H�zardous waste regulations.
5. The storege of vehicles for the purpose of salvaging paRs is expressly forbidden. All vehicles
parked outdoors must appear to Be completely assembled with no major body parts missing. Vehicle
salvage is not permitted.
6. Auto body repair and auto body sprey painting is not pe�mitted.
7. Maneuvering lanes on the property shall be maintained, to ailow vehicles entering and exiting the
site to proceed forward. Backing from the street or on to the street Is prohibited.
8, licensee must compl�ith al ederel, state and local laws, .
pC" o�� �0
Licensee � Date
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COOf3J O,L[1V Nd&S%d TLLT G8Y T99 %V3 Z0�60 OTOZ/SZ/Zo
10-262
LICENSE HEARING MINUTES
Axtman Auto Sales at 336 Larpenteur Avenue West
Thursday, January 14, 2010, 2:00 p.m.
330 City Hall, 15 Kellogg Boulevard West
Marcia Moermond, Legislative Heazing Officer
The hearing was called to order at 2:11 p.m.
Staff Present: Larry Zangs, Department of Safety and Inspections (DSI); and Jean Birkholz,
Council Research
Others Present: Duane Axtman, owner
Axtman Auto Sales: Auto Repair Garage license
Ms. Moermond stated that this is an informal legislative hearing for a license application. This
particular license requires a Class N notification which means that the neighborhood is notified and
people have a chance to voice their concerns. If any one has a concern, it automatically triggers a
hearing. Other Class N Licenses include: tattoo parlors, entertainment, liquor sales, auto sales, etc.—
things that have an immediate impact on their neighbors. In this case, Ms. Moermond requested that this
license matter be brought before her during Mr. Axtrnan's previous license hearing for a Second Hand
Dealer — Motor Vehicle license. There are three (3) possible resulYs from this hearing: 1) Ms.
Moermond may recommend to the City Council thaC they issue this license without any conditions; 2)
she may recommend to the City Council that they issue this license with agreed upon conditions; or 3)
she may recommend to the City Council that they not issue this license but refer it to an administrative
law judge for a further heazing and findings.
Mr. Larry Zangs, Department of Safety and Inspections (DSI), reported that the Conditional Use Permit
was granted by the Planning Commission for Auto Repair on November 13, 2009. The conditions of the
CUP are conditions numbers 10, 11 and 12 of the DSI recommended conditions. DSI has recommended
approval with the following conditions:
Existing License Conditions:
1. The number of vehicles for sale outdoars may not exceed forty-nine (49).
2. A minimum of eight (8) customer/employee parking spaces with adequate maneuvering lanes
are to be provided in the azea designated on the Department of Safety and Inspections (DSI)
approved site plan. Employee vehicles may not be parked or stored in the public right-of-
way (e.g. alley, street, sidewalk, etc.).
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. Storage of vehicle
fluids, batteries, etc., shall be in accordance with the Ramsey County Hazardous Waste
regulations.
4. At no time shall vehicles be parked in the driveway ar in the public right-of-way (e.g. alley,
street, sidewalk, etc.).
5. Cazs for sale and employee/customer vehicles may not be parked on the street or public right-
of-way.
6. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All
vehicles parked outdoors must appear to be completely assembled with no major body parts
missing. V ehicle salvage is not permitted.
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7. Auto body repair and auto body spray painting is not permitted.
8. 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.
9. Licensee must comply with all federal, state and local laws.
Recommended Additional License Conditions:
10. The applicant shall comply with those conditions attached to the auto sales license issued by
DSI.
11. The applicant shall maintain a current lease with Ramsey County for the use of right-of-way
property along Larpenteur Avenue.
12. Per the DSI license conditions, the total number of vehicles permitted on site (inclusive of the
Ramsey County right-of-way) is not to exceed fifty-seven (57); this includes for-sale,
customer and employee vehicles. Fourteen (14) parking spaces shall be maintained for
customer and employee pazking.
Ms. Moermond asked whether Mr. Axtman had the Ramsey County lease squared away. Mr. Axtman
responded that Ken Heider has not yet sent it Yo him; he assured Mr. Axtman that the lease will go
through. Mr. Zangs added that he will follow-up with Mr. Heider within the next couple of days.
Ms. Moermond asked if the number of parking spaces presumed that Mr. Axtman would keep the
Ramsey County lease in place. Mr. Zangs responded that it did. He added that if the lease does not go
through, iY would eliminate about twenty (20) parking spaces.
Ms. Moermond inquired about the soutk�ern space abutking the hill. Mx. 7,angs stated that the City can't
lease that land to Mr. Axtman. At the previous hearing, Mr. Zangs had suggested that a banier be put up
to set that land apart. Mr. Zangs stated that he spoke with Mr. Bob Novak in Real Estate about the issue.
Mr. Novak indicated that a letter would be sent to Linder's. Ms. Moermond added that there is no
language in Mr. Axtman's license which alludes to a barrier. It's presumed that the City can't grant Mr.
Axtman a license to operate on land that he doesn't own.
Ms. Moermond took a short recess at 2:31 p.m. to research Planning Commission documents.
The hearing reconvened at 2:33 p.m.
Mr. Zangs read from the Planning Commission minutes:
Duane Axtman, the applicant explained that he has owned the property for fifteen (15) yeazs and
has been licensed to have 85 cars on the property. Mr. Axtman stated that he has never had any
complaints regazding this property. He stated that Linder's has also been encroaching on the
City-owned property and doesn't understand why he's the only one being penalized for using the
land. Mr. Axtman explained that he paved the area after a Department of Parks and Recreation
employee verbally stated that Parks didn't have any use for the land because iYs landlocked and
would never be developed. Kerry Antrim, District 6 Planning Council, stated that they are in
favor of the Conditional Use Permit and suggested the condition on the attachment listed in the
letter submitted by the District 6 Planning Council (asking that the City would lease him the
property). At the inquiry of the commissioners, Ms. Zorn explained that the parcel of land on the
south side of Mr. Axtman's property which is owned by the City of Saint Paul was acquired from
the County through tax forfeiture. IYs on a Use Deed for Park's purpose and is maintained as
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wooded parkland. Ms. Zorn also explained that the site plan submitted by the Departrnent of
Safety and Inspections shows where the 57 vehicles aze permitted to pazk. No one spoke in
opposition. The public hearing was closed. After fiu�ther discussion, Commissioner Kathi
Donnelly-Cohen moved approval with conditions and eliminated condition #2 of the Conditional
Use Permit which required the construction of a fence prior to the issuance of the Auto Repair
License. It was adopted 6— 0.
Mr. Zangs looked at the staff report submitted to the Planning Commission. The staff recommendation
for the Conditional t3se Permit is approval with the following four (4) conditions:
1. That the applicant shall comply with those conditions attached to the Auto Sales license
issued by DSI except for the condition prohibiting vehicle repair.
2. The applicant shall construct a fence and remove the encroachment on a property owned
by the City of Saint Paul prior to receiving a license for/operating an Auto Repair
business. (This condition was struck from the Zoning Committee and upheld by the
Planning Commission.)
3. The applicant shall maintain a current lease with Ramsey County far the use of the right-
of-way property.
4. Per the DSI license conditions, the total number of vehicle sales permitted on site,
inclusive of Kamsey County right-of-way, is not to exceed fifty-seven (57). This
includes, for sale, customer and employee vehicles. Fourteen (14) pazking spaces shall
be maintained for customer, employee parking.
The Planning Commission minutes reflect that a11 the conditions except #2 were approved.
Mr. Axtman stated that he has had his license since 1997 and it had been approved for eighty-five (85)
cars. He has never had one problem with that. He is very disappointed that now he is limited to a toYal
of fifiy-seven (57) cazs even though he has a big piece of property.
Ms. Moermond asked staff about the factors taken into consideration when calculating the allowed
number of parking spaces. Mr. Zangs replied that for Auto Repair, iYs one (1) parking space per 275
square feet of the gross floor area of the auto repair station plus one (1) parking space per each service
bay. For Auto Sales, it's different and the spaces are cumulative when combined, Mr. Zangs
remembered that Mr. Axtman built the building where the auto repair is to take place which has
decreased the azea available for parking spaces. And, now, the southern portion of the land cannot be
used by Mr. Axtman. In effect, the Conditional Use Permit granted for the Auto Repair license accepts
the fact that an Auto Sales use was permitted there. It is basically making it current.
Ms. Moermond asked Mr. Axtman how many bays he has. He responded, "Three (3)."
Ms. Moermond will recommend approval with the following conditions:
The applicant shall maintain a cunent lease with Ramsey County for the use of right-of-way
property along Larpenteur Avenue.
2. Customer/employee parking and vehicle display areas shall be arrange in accordance with the
approved site plan on file with the Department of Safety and Inspections (DSI) dated I 1/16/09.
The total number of vehicles permitted on site (inclusive of the Ramsey County right-of-way) is
not to exceed fifty-seven (57). A minimuxn of fourteen (14) parking spaces shall be maintained
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for customer and employee parking, with such spaces clearly designated with appropriate
signage.
3. If the lease is terminated with the County, vehicle display area shall be removed from the right-
of-way and barriers installed to prevent encroachment in the Larpenteur Ave. R.O.W. Loss of
this azea represents a reduction in the number of vehicles by 20 spaces and shall have a
conesponding effect of reducing the number of vehicles, allowed on the lot, from the current
fifty-seven (57) vehicles to no more than thirty-seven vehicles (37).
4. 'I`here 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 Counry Hazardous Waste
regulations.
5. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles
pazked outdoors must appear to be completely assembled with no major body parts missing.
Vehicle salvage is not permitted.
6. Auto body repair and auto body spray painting is not permitted.
Maneuvering lanes on the property shall be maintained, to allow vehicles entering and exiting
the site to proceed forward. Backing from the street ar on to the street is prohibited.
8. Licensee must comply with all federal, state and local laws.
The hearing was adjoumed at 2:49 p.m.
/jab
Note: Conditions Affidavit was signed z��� and received 2�/�
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