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00-1124Council File # po � \\'a.y pRIGI�IAL CITY OF Presented Referred To Green Sheet # 104023 L, MIJdN , < L. �, Committee Date ly WHEREAS, the Legislative Hearing Officer recommends that license apptication (ID # 20000004650) for an Auto Repair Garage License by Martin Basurto, dba Amigos Auto Repair, 411 Wabasha Street South, be referred to an Administrative Law Judge; '1 HEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Administrative Law Judge. Yeas Nays Absent Blakey ✓ Coleman �" Hanis �°' Benanav �� Reiter ✓ Bostrom �' Lanuy ✓ AdoptedbyCouncil: Date � ` a�pa � Adoption Certified by Council Secretary � �� - � . : � � . - �►�-'�� i�'I �_.1, - / � � Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � A n � 1 \11i OEPARTMBdTlOFF7CElCOUNCIL oATE9iR11�ilED � — ' "' ' City Council Offices ��-zo-ZOOO GREEN SHEET No1 Q',023 CONiACT PH2SON & RiONE WuanD� YYtlallbb Gerry Strathman, 266-8560 ' oa�un�rtow�roR arvcarn MUST � ON COUNCILAC,QmA BV (OA7� ' AStIGII December_6, 2000 - ❑�,.��. ❑ xu�mse coa nouru�c onoFrt ❑��son wuxu��ra ❑r�vael�umwrl ❑ TOTAL � OFSIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESIm - Referring the Auto Repair Garage License by Martin Basurto, dba Amigos Auto Repair, 411 Wabasha Street South, to an Administrative Law Judge. RECAMMENDATION Approve A) or Reject (R) GERSONAL SERVICE CONTRACfS MUSTANSWER iXE FOLLOWiNG QUE57ION5: t. HasNispersoNfirmeverxorkedundxacontractforthistlepartmenl? PLANNING CAMMISSION YES NO CIBCAMMITfEE 2. FlaslhispemoMlmererbeenadtyempbyee9 CMLSERVICECOMMISSION YES NO " 3. Does Mis D�rm P� a s{ull not normalNP� M' a�Y �+� �Y �PbY�? YES NO 4. Ic this peiswVfiim a targetetl ventloYt YES NO F�ryWin all yes answeis on sepa�ate sheet arM adach W preen sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (Wlw, What, When, Wheie, Why) ADVANTAGESIFAPPROVED 4d4".S±;N"."2 ��r�C'�'°�i�'j.+�3l,p�ij1'v�9 c[ v a i'}s�' Yk� , DISADVAMAGES IF APPROYED DISADVANTAC�ES IF NOT APPROVED � TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDfiETm (qRCLE ON� YES NO FUNDING SOURCE ACTIVRV NUMBER FlWWCIAL INFORMATON (IXPWN) �- /ia�f MINUTES OF T'f� LEGISLATTVE HEARING AMIGOS AUTO REPAIR - 411 Wabasha Street South Tuesday, November 14, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer The meeting was called to order at 11:58 am. STt1FF PRESENT: Jeff Hawkins, License, Inspection, Environmental Protection (LIEP); Piullip Owens, Fire Prevention; Kristine Schweinler, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to heaz objections to a license for Amigos Auto Repair, 411 Wabasha Street South. Kristine Schweinler reported this owner is applying for an auto repair garage license. Ten conditions have been attached to this license. LIEP recommends approval pending certificate of occupancy approval. Phillip Owens reported this location previously had a repair garage certificate of occupancy. It was under a previous owner. The certificate of occupancy is due for reinspection and they are in the process of doing that. They wanted to wait until everything is completed in the transfer. The certificate of occupancy inspection is not due, but is scheduled withiu the next ten days. There were some compliance issues in the past. Jim Gilbert, 1050 Grand Avenue, appeared and stated he was under the impression that the current applicant had managed the business with the previous owner, and the transfer of ownership had occurred eazlier this year. Mr. Gilbert received a list of five recommended conditions. One of those reads the maximum number of vehicles on the lot cannot exceed seven. He has taken photographs of vehicles ranging in number of 12 to 17 on the lot. Ms. Schweinler reported the number of vehicles on the lot cannot exceed seven. She went by there at 7:00 a.m. and there were approxunately five cars in the lot. There were some conditions added after the application was reviewed: vehicle salvage is not permitted, vehicle parts will not be stored outdoors, customer vehicles waiting pickup, all repairs must be done inside the building, and no auto body repair allowed. Mr. Gilbert responded it is during the day when the number of cars is excessive. Mr. Gilbert stated there aze numerous cars parked on the street. Many haue signage written on the vehicles from aucrions and various places they have come from. There is an additional problem with body work and paint, particulazly in the evening hours. The owner of the Boca Chica Restaurant had complained about paint fumes. (Mr. Gilbert gave Mr. Strathman photographs.) uv� �ia y Legislarive Hearing 11-1400 - AMIGOS AUTO REPAIR - 411 Wabasha Street South Page 2 Donna Bremer, Wabasha Street Caves, 215 Wabasha Street South, appeared and stated she can smell fumes. Customers have to pazk blocks away. The business owner across the street confronted the business owner to ask him not to repair in the street the vehicles in front of her business. Gerry Strathman stated this is a new applicant, a new owner, and this person has had no involvement with the business previously. (Note: David Weisberg transiated for Martin Basurto, the owner.) Mr. Weisberg stated the owner has nothing to do with the previous operation. The owner took over management siY months ago. Gerry Strathxnan stated he received the following letters in objection to the license application: Doug Olson, 427 Wabasha Sueet, who wrote about numerous vehicles on their front pazking lot, property unkept, stored vehicles; Stephen Faust, West Side Citizens Organizadon, 127 Winifred Street West, wrote about wanting the conditions met by November 3; Dennis Workman and P.A. Devaney, 426 Wabasha South, wrote about the use of their pazking lot, loud music, tow truck dropping off late, refuse; Stephen C. and Donna Bremer, Wabasha Street Caves, 215 Wabasha Sireet South, wrote about the smell of spray paint, repairing cazs on the street; and an anonymous letter about cazs on the street, drinking in the reaz of the building. Mr. Strathman asked Ms. Bremer did she not want this license issued. Ms. Bremer responded in the affirmative. (Note: David Weisberg translated for Martin Basurto, the owner.) Mr. Basurto said the owner has seen the letters. About six months ago, he started this business. He is trying to comply with all the rules. There were many problems six months ago. The business was closed for 15 days because of the problems that existed then. There aze still problems, but if he is given a chance, he can comply with all of these conditions. There will not be painting, music, nor drinking. Mr. Basurto would like a chance. In one or two months, he will comply with all of these conditions. Jesus Escobar appeazed and stated they will be open from 730 a.m. to 8 p.m. They try to keep ihe property clean and to keep the cazs inside the building. They do not do work on cazs outside the building. Mr. Escobaz does not understand why people said he works outside. Mr. Owens stated his primary concern is the auto body work and the spray painting. The location was previous certified as an auto repair garage and the previous owner did not comply. Mr. Strathman asked has he had any dealings with Mr. Escobaz or Mr. Basurto. Mr. Owens responded he has not. He waited to do the inspection so he could deal with the new owners. He was given to believe that it would be four or five months before he took over, but it appazently happened sooner than that. Spray painting can be a fire hazard outside the appropriate booth and there aze environmental issues with spray painting and disposal of the waste. It is a criminal misdemeanor to spray paint in a place where it is not certified. Mr. Owens asked that a caveat be that the owner must comply with the fue deparhnent order or that the license not be issued until the building is under compliance. The inspection is scheduled within the nea�t ten days. 60- �ia� Legislative Hearing ] 1-14-00 - AMIGOS AUTO REPAIR - 411 Wabasha Street South Page 3 3eff Hawkins reported he met with Mr. Escobar and Mr. Basurto at Amigos Auto Repair. There were over seven vehicles there, and they assured Mr. Hawkins they would not violate the number of velucles anymore. Mt. Hawkins ea�plained the five stipulations and they said they would follow them. On October 22, Mr. Hawkins reinspected. He was told the business does not do auto body; however their card reads body shop and painting. He was told that would be taken off the card. He has not wilnessed the business doing auto body. Everything should be in compliance now except for the post and chain guard rail and the striping of the lot. Kristine Schweinler stated she would like to add to Condifion #10 that no auto body repair or painting is allowed. Mr. Strathman stated if the code compliance inspection raises problems, the City Council may make a decision other than what he is recommending and Mr. Strathman may change his recommendarion to the City Council. Gerry Strathman recommending approval of the license application with the 10 conditions listed below. This will appeaz before the City Council on December 6. 1) Vehicles will be pazked on the lot as indicated on the approved site pian filed with LIEP. The lot should be striped as shown on this plan and the handicapped parking space appropriately mazked by November 30, 2000. 2) A post and chain or guazdrail shall be installed and maintained along the property line at Wabasha Street to prevent vehicle pazking over the public sidewalk by November 30, 2000. 3) The m�imum number of vehicles pazked outdoors on the lot cannot exceed seven (7). 4) All vehicles pazked outdoors on the lot must appeaz to be completely assembled with no major body parts missing. 5) Vehicle salvage is not permitted. 6) Vehicle parts, tires, oil or similar items will not be stored outdoors. Trash will be stored in the dumpster. 7) All customer cazs awaiting repair or pickup must be pazked in the lot. There shall be no pazking on the streets or public right of way within the neighborhood. 8) No repair of vehicles on the lot or public right of way. All repairs must be conducted inside the building. 9) No vehicles sales allowed. 10) No auto body repair allowed/no painting. The meeting was adjourned at 12:24 p.m. Note: The Legislative Hearing Officer received information that Amigos Auto Repair has continued to violate a condition on the license, i.e. no spray painting. Based on this information, the Legislative Hearing Officer has amended his recommendarion to be referred to an Administrative Law Judge. 0 Council File # po � \\'a.y pRIGI�IAL CITY OF Presented Referred To Green Sheet # 104023 L, MIJdN , < L. �, Committee Date ly WHEREAS, the Legislative Hearing Officer recommends that license apptication (ID # 20000004650) for an Auto Repair Garage License by Martin Basurto, dba Amigos Auto Repair, 411 Wabasha Street South, be referred to an Administrative Law Judge; '1 HEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Administrative Law Judge. Yeas Nays Absent Blakey ✓ Coleman �" Hanis �°' Benanav �� Reiter ✓ Bostrom �' Lanuy ✓ AdoptedbyCouncil: Date � ` a�pa � Adoption Certified by Council Secretary � �� - � . : � � . - �►�-'�� i�'I �_.1, - / � � Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � A n � 1 \11i OEPARTMBdTlOFF7CElCOUNCIL oATE9iR11�ilED � — ' "' ' City Council Offices ��-zo-ZOOO GREEN SHEET No1 Q',023 CONiACT PH2SON & RiONE WuanD� YYtlallbb Gerry Strathman, 266-8560 ' oa�un�rtow�roR arvcarn MUST � ON COUNCILAC,QmA BV (OA7� ' AStIGII December_6, 2000 - ❑�,.��. ❑ xu�mse coa nouru�c onoFrt ❑��son wuxu��ra ❑r�vael�umwrl ❑ TOTAL � OFSIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESIm - Referring the Auto Repair Garage License by Martin Basurto, dba Amigos Auto Repair, 411 Wabasha Street South, to an Administrative Law Judge. RECAMMENDATION Approve A) or Reject (R) GERSONAL SERVICE CONTRACfS MUSTANSWER iXE FOLLOWiNG QUE57ION5: t. HasNispersoNfirmeverxorkedundxacontractforthistlepartmenl? PLANNING CAMMISSION YES NO CIBCAMMITfEE 2. FlaslhispemoMlmererbeenadtyempbyee9 CMLSERVICECOMMISSION YES NO " 3. Does Mis D�rm P� a s{ull not normalNP� M' a�Y �+� �Y �PbY�? YES NO 4. Ic this peiswVfiim a targetetl ventloYt YES NO F�ryWin all yes answeis on sepa�ate sheet arM adach W preen sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (Wlw, What, When, Wheie, Why) ADVANTAGESIFAPPROVED 4d4".S±;N"."2 ��r�C'�'°�i�'j.+�3l,p�ij1'v�9 c[ v a i'}s�' Yk� , DISADVAMAGES IF APPROYED DISADVANTAC�ES IF NOT APPROVED � TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDfiETm (qRCLE ON� YES NO FUNDING SOURCE ACTIVRV NUMBER FlWWCIAL INFORMATON (IXPWN) �- /ia�f MINUTES OF T'f� LEGISLATTVE HEARING AMIGOS AUTO REPAIR - 411 Wabasha Street South Tuesday, November 14, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer The meeting was called to order at 11:58 am. STt1FF PRESENT: Jeff Hawkins, License, Inspection, Environmental Protection (LIEP); Piullip Owens, Fire Prevention; Kristine Schweinler, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to heaz objections to a license for Amigos Auto Repair, 411 Wabasha Street South. Kristine Schweinler reported this owner is applying for an auto repair garage license. Ten conditions have been attached to this license. LIEP recommends approval pending certificate of occupancy approval. Phillip Owens reported this location previously had a repair garage certificate of occupancy. It was under a previous owner. The certificate of occupancy is due for reinspection and they are in the process of doing that. They wanted to wait until everything is completed in the transfer. The certificate of occupancy inspection is not due, but is scheduled withiu the next ten days. There were some compliance issues in the past. Jim Gilbert, 1050 Grand Avenue, appeared and stated he was under the impression that the current applicant had managed the business with the previous owner, and the transfer of ownership had occurred eazlier this year. Mr. Gilbert received a list of five recommended conditions. One of those reads the maximum number of vehicles on the lot cannot exceed seven. He has taken photographs of vehicles ranging in number of 12 to 17 on the lot. Ms. Schweinler reported the number of vehicles on the lot cannot exceed seven. She went by there at 7:00 a.m. and there were approxunately five cars in the lot. There were some conditions added after the application was reviewed: vehicle salvage is not permitted, vehicle parts will not be stored outdoors, customer vehicles waiting pickup, all repairs must be done inside the building, and no auto body repair allowed. Mr. Gilbert responded it is during the day when the number of cars is excessive. Mr. Gilbert stated there aze numerous cars parked on the street. Many haue signage written on the vehicles from aucrions and various places they have come from. There is an additional problem with body work and paint, particulazly in the evening hours. The owner of the Boca Chica Restaurant had complained about paint fumes. (Mr. Gilbert gave Mr. Strathman photographs.) uv� �ia y Legislarive Hearing 11-1400 - AMIGOS AUTO REPAIR - 411 Wabasha Street South Page 2 Donna Bremer, Wabasha Street Caves, 215 Wabasha Street South, appeared and stated she can smell fumes. Customers have to pazk blocks away. The business owner across the street confronted the business owner to ask him not to repair in the street the vehicles in front of her business. Gerry Strathman stated this is a new applicant, a new owner, and this person has had no involvement with the business previously. (Note: David Weisberg transiated for Martin Basurto, the owner.) Mr. Weisberg stated the owner has nothing to do with the previous operation. The owner took over management siY months ago. Gerry Strathxnan stated he received the following letters in objection to the license application: Doug Olson, 427 Wabasha Sueet, who wrote about numerous vehicles on their front pazking lot, property unkept, stored vehicles; Stephen Faust, West Side Citizens Organizadon, 127 Winifred Street West, wrote about wanting the conditions met by November 3; Dennis Workman and P.A. Devaney, 426 Wabasha South, wrote about the use of their pazking lot, loud music, tow truck dropping off late, refuse; Stephen C. and Donna Bremer, Wabasha Street Caves, 215 Wabasha Sireet South, wrote about the smell of spray paint, repairing cazs on the street; and an anonymous letter about cazs on the street, drinking in the reaz of the building. Mr. Strathman asked Ms. Bremer did she not want this license issued. Ms. Bremer responded in the affirmative. (Note: David Weisberg translated for Martin Basurto, the owner.) Mr. Basurto said the owner has seen the letters. About six months ago, he started this business. He is trying to comply with all the rules. There were many problems six months ago. The business was closed for 15 days because of the problems that existed then. There aze still problems, but if he is given a chance, he can comply with all of these conditions. There will not be painting, music, nor drinking. Mr. Basurto would like a chance. In one or two months, he will comply with all of these conditions. Jesus Escobar appeazed and stated they will be open from 730 a.m. to 8 p.m. They try to keep ihe property clean and to keep the cazs inside the building. They do not do work on cazs outside the building. Mr. Escobaz does not understand why people said he works outside. Mr. Owens stated his primary concern is the auto body work and the spray painting. The location was previous certified as an auto repair garage and the previous owner did not comply. Mr. Strathman asked has he had any dealings with Mr. Escobaz or Mr. Basurto. Mr. Owens responded he has not. He waited to do the inspection so he could deal with the new owners. He was given to believe that it would be four or five months before he took over, but it appazently happened sooner than that. Spray painting can be a fire hazard outside the appropriate booth and there aze environmental issues with spray painting and disposal of the waste. It is a criminal misdemeanor to spray paint in a place where it is not certified. Mr. Owens asked that a caveat be that the owner must comply with the fue deparhnent order or that the license not be issued until the building is under compliance. The inspection is scheduled within the nea�t ten days. 60- �ia� Legislative Hearing ] 1-14-00 - AMIGOS AUTO REPAIR - 411 Wabasha Street South Page 3 3eff Hawkins reported he met with Mr. Escobar and Mr. Basurto at Amigos Auto Repair. There were over seven vehicles there, and they assured Mr. Hawkins they would not violate the number of velucles anymore. Mt. Hawkins ea�plained the five stipulations and they said they would follow them. On October 22, Mr. Hawkins reinspected. He was told the business does not do auto body; however their card reads body shop and painting. He was told that would be taken off the card. He has not wilnessed the business doing auto body. Everything should be in compliance now except for the post and chain guard rail and the striping of the lot. Kristine Schweinler stated she would like to add to Condifion #10 that no auto body repair or painting is allowed. Mr. Strathman stated if the code compliance inspection raises problems, the City Council may make a decision other than what he is recommending and Mr. Strathman may change his recommendarion to the City Council. Gerry Strathman recommending approval of the license application with the 10 conditions listed below. This will appeaz before the City Council on December 6. 1) Vehicles will be pazked on the lot as indicated on the approved site pian filed with LIEP. The lot should be striped as shown on this plan and the handicapped parking space appropriately mazked by November 30, 2000. 2) A post and chain or guazdrail shall be installed and maintained along the property line at Wabasha Street to prevent vehicle pazking over the public sidewalk by November 30, 2000. 3) The m�imum number of vehicles pazked outdoors on the lot cannot exceed seven (7). 4) All vehicles pazked outdoors on the lot must appeaz to be completely assembled with no major body parts missing. 5) Vehicle salvage is not permitted. 6) Vehicle parts, tires, oil or similar items will not be stored outdoors. Trash will be stored in the dumpster. 7) All customer cazs awaiting repair or pickup must be pazked in the lot. There shall be no pazking on the streets or public right of way within the neighborhood. 8) No repair of vehicles on the lot or public right of way. All repairs must be conducted inside the building. 9) No vehicles sales allowed. 10) No auto body repair allowed/no painting. The meeting was adjourned at 12:24 p.m. Note: The Legislative Hearing Officer received information that Amigos Auto Repair has continued to violate a condition on the license, i.e. no spray painting. Based on this information, the Legislative Hearing Officer has amended his recommendarion to be referred to an Administrative Law Judge. 0 Council File # po � \\'a.y pRIGI�IAL CITY OF Presented Referred To Green Sheet # 104023 L, MIJdN , < L. �, Committee Date ly WHEREAS, the Legislative Hearing Officer recommends that license apptication (ID # 20000004650) for an Auto Repair Garage License by Martin Basurto, dba Amigos Auto Repair, 411 Wabasha Street South, be referred to an Administrative Law Judge; '1 HEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Administrative Law Judge. Yeas Nays Absent Blakey ✓ Coleman �" Hanis �°' Benanav �� Reiter ✓ Bostrom �' Lanuy ✓ AdoptedbyCouncil: Date � ` a�pa � Adoption Certified by Council Secretary � �� - � . : � � . - �►�-'�� i�'I �_.1, - / � � Requested by Department oE � Form Approved by City Attorney � Approved by Mayor for Submission to Council � A n � 1 \11i OEPARTMBdTlOFF7CElCOUNCIL oATE9iR11�ilED � — ' "' ' City Council Offices ��-zo-ZOOO GREEN SHEET No1 Q',023 CONiACT PH2SON & RiONE WuanD� YYtlallbb Gerry Strathman, 266-8560 ' oa�un�rtow�roR arvcarn MUST � ON COUNCILAC,QmA BV (OA7� ' AStIGII December_6, 2000 - ❑�,.��. ❑ xu�mse coa nouru�c onoFrt ❑��son wuxu��ra ❑r�vael�umwrl ❑ TOTAL � OFSIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESIm - Referring the Auto Repair Garage License by Martin Basurto, dba Amigos Auto Repair, 411 Wabasha Street South, to an Administrative Law Judge. RECAMMENDATION Approve A) or Reject (R) GERSONAL SERVICE CONTRACfS MUSTANSWER iXE FOLLOWiNG QUE57ION5: t. HasNispersoNfirmeverxorkedundxacontractforthistlepartmenl? PLANNING CAMMISSION YES NO CIBCAMMITfEE 2. FlaslhispemoMlmererbeenadtyempbyee9 CMLSERVICECOMMISSION YES NO " 3. Does Mis D�rm P� a s{ull not normalNP� M' a�Y �+� �Y �PbY�? YES NO 4. Ic this peiswVfiim a targetetl ventloYt YES NO F�ryWin all yes answeis on sepa�ate sheet arM adach W preen sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (Wlw, What, When, Wheie, Why) ADVANTAGESIFAPPROVED 4d4".S±;N"."2 ��r�C'�'°�i�'j.+�3l,p�ij1'v�9 c[ v a i'}s�' Yk� , DISADVAMAGES IF APPROYED DISADVANTAC�ES IF NOT APPROVED � TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDfiETm (qRCLE ON� YES NO FUNDING SOURCE ACTIVRV NUMBER FlWWCIAL INFORMATON (IXPWN) �- /ia�f MINUTES OF T'f� LEGISLATTVE HEARING AMIGOS AUTO REPAIR - 411 Wabasha Street South Tuesday, November 14, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer The meeting was called to order at 11:58 am. STt1FF PRESENT: Jeff Hawkins, License, Inspection, Environmental Protection (LIEP); Piullip Owens, Fire Prevention; Kristine Schweinler, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to heaz objections to a license for Amigos Auto Repair, 411 Wabasha Street South. Kristine Schweinler reported this owner is applying for an auto repair garage license. Ten conditions have been attached to this license. LIEP recommends approval pending certificate of occupancy approval. Phillip Owens reported this location previously had a repair garage certificate of occupancy. It was under a previous owner. The certificate of occupancy is due for reinspection and they are in the process of doing that. They wanted to wait until everything is completed in the transfer. The certificate of occupancy inspection is not due, but is scheduled withiu the next ten days. There were some compliance issues in the past. Jim Gilbert, 1050 Grand Avenue, appeared and stated he was under the impression that the current applicant had managed the business with the previous owner, and the transfer of ownership had occurred eazlier this year. Mr. Gilbert received a list of five recommended conditions. One of those reads the maximum number of vehicles on the lot cannot exceed seven. He has taken photographs of vehicles ranging in number of 12 to 17 on the lot. Ms. Schweinler reported the number of vehicles on the lot cannot exceed seven. She went by there at 7:00 a.m. and there were approxunately five cars in the lot. There were some conditions added after the application was reviewed: vehicle salvage is not permitted, vehicle parts will not be stored outdoors, customer vehicles waiting pickup, all repairs must be done inside the building, and no auto body repair allowed. Mr. Gilbert responded it is during the day when the number of cars is excessive. Mr. Gilbert stated there aze numerous cars parked on the street. Many haue signage written on the vehicles from aucrions and various places they have come from. There is an additional problem with body work and paint, particulazly in the evening hours. The owner of the Boca Chica Restaurant had complained about paint fumes. (Mr. Gilbert gave Mr. Strathman photographs.) uv� �ia y Legislarive Hearing 11-1400 - AMIGOS AUTO REPAIR - 411 Wabasha Street South Page 2 Donna Bremer, Wabasha Street Caves, 215 Wabasha Street South, appeared and stated she can smell fumes. Customers have to pazk blocks away. The business owner across the street confronted the business owner to ask him not to repair in the street the vehicles in front of her business. Gerry Strathman stated this is a new applicant, a new owner, and this person has had no involvement with the business previously. (Note: David Weisberg transiated for Martin Basurto, the owner.) Mr. Weisberg stated the owner has nothing to do with the previous operation. The owner took over management siY months ago. Gerry Strathxnan stated he received the following letters in objection to the license application: Doug Olson, 427 Wabasha Sueet, who wrote about numerous vehicles on their front pazking lot, property unkept, stored vehicles; Stephen Faust, West Side Citizens Organizadon, 127 Winifred Street West, wrote about wanting the conditions met by November 3; Dennis Workman and P.A. Devaney, 426 Wabasha South, wrote about the use of their pazking lot, loud music, tow truck dropping off late, refuse; Stephen C. and Donna Bremer, Wabasha Street Caves, 215 Wabasha Sireet South, wrote about the smell of spray paint, repairing cazs on the street; and an anonymous letter about cazs on the street, drinking in the reaz of the building. Mr. Strathman asked Ms. Bremer did she not want this license issued. Ms. Bremer responded in the affirmative. (Note: David Weisberg translated for Martin Basurto, the owner.) Mr. Basurto said the owner has seen the letters. About six months ago, he started this business. He is trying to comply with all the rules. There were many problems six months ago. The business was closed for 15 days because of the problems that existed then. There aze still problems, but if he is given a chance, he can comply with all of these conditions. There will not be painting, music, nor drinking. Mr. Basurto would like a chance. In one or two months, he will comply with all of these conditions. Jesus Escobar appeazed and stated they will be open from 730 a.m. to 8 p.m. They try to keep ihe property clean and to keep the cazs inside the building. They do not do work on cazs outside the building. Mr. Escobaz does not understand why people said he works outside. Mr. Owens stated his primary concern is the auto body work and the spray painting. The location was previous certified as an auto repair garage and the previous owner did not comply. Mr. Strathman asked has he had any dealings with Mr. Escobaz or Mr. Basurto. Mr. Owens responded he has not. He waited to do the inspection so he could deal with the new owners. He was given to believe that it would be four or five months before he took over, but it appazently happened sooner than that. Spray painting can be a fire hazard outside the appropriate booth and there aze environmental issues with spray painting and disposal of the waste. It is a criminal misdemeanor to spray paint in a place where it is not certified. Mr. Owens asked that a caveat be that the owner must comply with the fue deparhnent order or that the license not be issued until the building is under compliance. The inspection is scheduled within the nea�t ten days. 60- �ia� Legislative Hearing ] 1-14-00 - AMIGOS AUTO REPAIR - 411 Wabasha Street South Page 3 3eff Hawkins reported he met with Mr. Escobar and Mr. Basurto at Amigos Auto Repair. There were over seven vehicles there, and they assured Mr. Hawkins they would not violate the number of velucles anymore. Mt. Hawkins ea�plained the five stipulations and they said they would follow them. On October 22, Mr. Hawkins reinspected. He was told the business does not do auto body; however their card reads body shop and painting. He was told that would be taken off the card. He has not wilnessed the business doing auto body. Everything should be in compliance now except for the post and chain guard rail and the striping of the lot. Kristine Schweinler stated she would like to add to Condifion #10 that no auto body repair or painting is allowed. Mr. Strathman stated if the code compliance inspection raises problems, the City Council may make a decision other than what he is recommending and Mr. Strathman may change his recommendarion to the City Council. Gerry Strathman recommending approval of the license application with the 10 conditions listed below. This will appeaz before the City Council on December 6. 1) Vehicles will be pazked on the lot as indicated on the approved site pian filed with LIEP. The lot should be striped as shown on this plan and the handicapped parking space appropriately mazked by November 30, 2000. 2) A post and chain or guazdrail shall be installed and maintained along the property line at Wabasha Street to prevent vehicle pazking over the public sidewalk by November 30, 2000. 3) The m�imum number of vehicles pazked outdoors on the lot cannot exceed seven (7). 4) All vehicles pazked outdoors on the lot must appeaz to be completely assembled with no major body parts missing. 5) Vehicle salvage is not permitted. 6) Vehicle parts, tires, oil or similar items will not be stored outdoors. Trash will be stored in the dumpster. 7) All customer cazs awaiting repair or pickup must be pazked in the lot. There shall be no pazking on the streets or public right of way within the neighborhood. 8) No repair of vehicles on the lot or public right of way. All repairs must be conducted inside the building. 9) No vehicles sales allowed. 10) No auto body repair allowed/no painting. The meeting was adjourned at 12:24 p.m. Note: The Legislative Hearing Officer received information that Amigos Auto Repair has continued to violate a condition on the license, i.e. no spray painting. Based on this information, the Legislative Hearing Officer has amended his recommendarion to be referred to an Administrative Law Judge. 0