00-675ORfG1lUAL
Referred
; � , i7/Ji�v�i� �°
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
WI�REAS, the L�
Auto Repair Garage
approved with the fc
by Depariment oE
1) Pazking for customers ari employees sha11 be in the azeas designated in the site plan on file with the Office
of LIEP. Pazking in other � as of the lot is prohibited until a site plan is approved by the Office of LIEP
for any expansion of ihe paz surface.
2) Only customers and employee v'cles
3) Vehicle salvage is not permitted. ��
4 Vehicles with major body parts remo '
outdoors.
5) No repair of vehicles may occur on the �
6) Vehicles awaiting repair and employees
may park on the lot.
vehicle parts, tires, oil, or snnilar items may not be stored
of the lot or in the public right-of-way.
s shall not be pazked or stored in the adjacent alley.
THEREFORE, BE IT RESOLVED that the Council of �la.e City of Saint Paul hereby approves tivs license
applicafion with the recommended conditions. �
Yeas Nays Absent
Blakey
Coleman
Hazris
Senanav
Reiter
Bostrom
Lantry
Adopted by Council: Date
Adoption Certified by Council Secretary
Sy:
Approved by Mayor: Date
By:
Hearing Officer recommends that license application (ID # 20000002049) for an
by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East, be
conditions:
�
Form Approved by City
�
Council File # oe•• `RS
Green Sheet # 100424
Committee Date
Approved by Mayor for Submission
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c�cy coun��i oft��es .rui i9, z000 GREEN SHEET No ��% �=`=� �4
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Gerry Strattwian, 266-8560 ��� �,�
NIK'i7 BE ON COUNCtt. AG0a4H7 R147�
July 26, 2000 �
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TOTAL # OF SIGNATURE PAGES (CIJP ALL LOCATIONS FOR SIGNATURE)
cnoN �uEST�
Approving application with conditions for an Auto 12epair Garage License by Felipe Samaniego,
dba High Tech Auto Service, 943 Maryland Avenue East.
RECOMMEND ON Approve A or eject () VEItSONALSERVICE CON7RACf5 MUSTANSWERTIE FOLLOWIN6 QUFS7ION5:
7. lias fhie persaMUm e.errorkeA uMera conhact fortltis dep�hneM?
PLANNING COMMISSION reS w0
CIBCAMMITTEE 2. kiesMispmsaYfirmewbeeneatyempbyee?
CMLSERVICECOMMISSION vE3 n0
3. Daestlisa�C�ssla'tlnot�bY�+Y�re�rtcihi�Db'i��
VE3 NO
1. Is tlis pereaNfim a tarpetea vmdor!
YES t�p
- aq Yea d�v�e�s an sepa�ate slbet arM atlach to 0� aFieet
INITIA7ING PROBLEM ISSUE, OPPOR7UNITY (Who, Whal, When, Where. Why)
ADVANTAGESIFAPPROYFD
q� ;rnr:g t G.+�`w�i'�� `�/��§�� "
e��R�nad$4 l�i.,.s
Ji�L � u1 Gl@�7
DISAOVANTAGES IF APPROVED
DIS4DVANTAGESIFNpTAPPROVED __ - - • ° �" "" �
TOTAL AMOUNT OF SRANSACTION S COETIREYEtiUE HUD6ETEO {CIRCLE ON� YEE NO
FUNDINGSOURCE ' ACTiVITVNNABER
FlNANGWL INFORMA'f10N (EXPWN)
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ROUTING ORDIIL'
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BeIowace�trautingsforihesncmostfrequentt}�es�doc�mm�is: '
CONIRACTS(a�saWhorizedbndgetearists) COi7L3CII.RESOLiT1TON(ameod,budgds/soceptgc�ls) .
1. OutsideAgency � 1 Dep��tDirector � � � �� �
2. Depa�stDirectar 2. O&ce�FeaaacialSavicesDicectq�
3- Ci�'AHaney � 3. CityAttomey � � � � �
4. Mayor/A�o 4."Mayor/k � �
5_ , HomanIti'ghts (for contiacts ovca 550,000) 5- Cit}' Cooticil
� 6.OfficeofFinancial�Services-,Aocouot�g 6.O�ceofFinancialSeavices-Acco�ting� � � �
ADMINI$TRATfVE ORDFBS (BadgetRevision) . COUNCII,'RESOfiiITION(all olh�s gnd 'Ordinauces). �
L Achvitylvf�ager�Dep�tAcco�f L DepazluienfDirectoz
2. DeparhcentDiracYor 2. CityAttoiney
3.'OfficeofFinancial'SapicesD�ector 3. Maya�rlA�t� , �
4. Citp CIak ¢. Cily Conncil.
5. OfficeofFinancialServices-Acconntin8 � � � � � � �
ADMINt[STRATIVE ORDERS (ali othe�s)
' I. Depm�nt Director
2_ City Attottncy '
3. Offoe ofFiaaucial Savices D`uecKor
� 4_ City Cieck
EXECUTI "VE ORDER
1'• DeParlmentDirector ',
2- CitY AttomeY
3: May�orlA�istaat ,
4. Ci{y Clak °'
TOTAL NUMBER OF SIGN2ITURE PAGES
I�icate thc # of pages � wluch signat�es are reqaited and'' pitpemlip ur flag eacl� of these P$S� '
ACITON REQUESTID
Descnbe wLat tLeProlect/reQuest seek§ to a«bmplish in either chronologicsl oi+�r � ada� of importmmce wluchever is
most appropriate for the issue. Do not write comple4e sentences: Begin each item in yairlis# �ith a verb. ,,
RECOMMETIDATIONS
Complete if the,issue in question hac be� presented be£ore anF �Y P�fic orpriwate.
PERSONAL SII2VICE CONTRACTS:
Thisinformalionwillbeusedtodetecmmethecity'sliabililyforwaiceiscompensati�claims ta�ccesandproperciv�l
service hiringmles. ',
INII7ATINGPROBLEIv� ISSUE; OPPORTUNITY
E�lain jhe situation or conditions iLat created a nced for }ratis pioject ai request. ,
ADVANTAGES�IFAPPROVED � � � � �
Indicate'wh�her this is simply an anm�al budget procedure required bplaw/chaeter or whettier there are specific ways in
whichtfie'CilyofSamtPaulsnditscitizenswillbeneStfi�UusPxoJect/acti� '
DISESDV�ANTAGESIFAPPItOVED � � � � � � � � �� �
What negative effeCts or major ch�es to e�ashn6�'P�Pr� m��� P%1�4� PI�?� if it is'passed
(e,&, traffic delays, �ise, ta�c incacasas or esses�e�s)7 To whom� VGh�?For fidw TongY
DISADVt1NTAGES IF NOT APPROVID
What will be fl� negative �uences ifthe pmmised acrion is not approved? Inability to'deliver savice? Continne"
high 4raSc, noise, accid�trateF 'f.ass �revenne? , � � ^ ' ,
FINAF�TC7AL IMPACT .'
Altlionghyou mnst tailor the ioformationyouprovide h�e to the issoeyon are addressing, in geueaalyou must answer
two c}ueStions: How mnch is in going to cosl? Wbo is goingto p9y't ,
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Additional Conditions on a license to be issued at Federowski's
1- No vehicles shall be pazked or stored on areas that are not paved with a permanent, dustless
surface, as identified in the site plan.
2- On the northern properry line there shall be placed a solid wood fence of X feet in height.
E�sting fencing shall be removed.
3- RemovaUreplacement of sign on the SW corner that identifies a business that is no longer
there (DJ's Auto or something). This is also in the Zoning Code somewhere.
4- A buffer area as required to conform to a provison in Sec. 60.534 4(b) shown below:
b. A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required
along any property line adjoining an existing residence or adjoining vacant land zoned for
residential use.
5. No car can remain on the lot over 5 days before being removed.
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D I S T R I C T F 1 V E P L A N N I N G
Puync-Pl��dnr
To: Geay Strathman
Corinne Asuncion
From: Bruce Sylvester, District Five Plan� Coimc$ S'��
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Date:
Re:
hme 28'", 2000
License Applioation for 943 Mazyland
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C O U N C t L
Ovr organi7ation reviewed the requested Auto Repair Gazage License for the business located at 943
Marylaad at a commwuty meeting on June 15`�. The license appficant joined this meeting. Concems
from neighbors were numerous, and included:
• The hom"ble condition of the building and lot,
• The excessive number of velucles wlrich often seem to be permanent fixtures on the lot
and the adjofn� sheet,
• Concems about auto-repait work being performed illegally in the alley and late into the
night, and
• The existence of undergroimd gasoline taaks,
Due to these and other concems, our oreanization voted to on�ose the requested auto repair gaxage license
at ttris address.
The property and business located at 943 Maryland is a detriment to our community. The bvsiness is
poorly managed. We s�ongly encourage that the City Depariment of Inspections investigate the
properry and tag the property owner for code viola6ons.
If a license must be granted, we sincerely hope the City will impose conditions upon the license tfiat
address our concems as Listed abave.
If you t�ave questions oc need more iafotmation about ar concerns or request, please call me at 774-5234.
� �,� :. �.,�
�014 Payne Avenue
Sai�t Paul, Minnesota 55101
Tel# 774-5234 Fax# 774-9745
O O - 6�1S
MINUTES OF THE LEGISLATIVE HEARING
HIGH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST
Thursday, July 13, 2000
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was called to order at 11:01 am.
STAFF PRESENT: Corinne Asuncion, License Inspections, Environmental Protection (LIEP);
Larry Zangs, LIEP; David Weisberg, LIEP
Gerry Strathman stated this meeting is being held to hear objections to the license application for
Felipe Samaniego, doing business as High Tech Auto Service, 943 Maryland Avenue East.
Lany Zangs reported LIEP is recommending approval of the license subject to the following
conditions 1) Pazking for customers and employees shall be in the areas designated in the site
plan on file with the Office of LIEP. Parking in other areas of the lot is prohibited until a site
plan is approved by the Office of LIEP for any expansion of the parking surface. 2) Only
customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted.
4) Vehicles with major body parts removed, vehicle parts, tires, oil, or similaz items may not be
stored outdoors. 5) No repair of vehicles may occur on the ea-terior of the lot or in the public
right-of-way.
Gerry Strathman asked is this a new license and has the owner agreed to these conditions. Mr.
Zangs responded this is a new license. He has been unable to make contact until today with the
owner. However, Mr. Zangs spoke to the associate, and they went through the conditions at the
site.
Melissa Mazzara, 966 Hawthorne Avenue East, appeared and stated cars have been parked on
Forest Avenue for months at a time. It is nnpossible to drive from Maryland to Farest. She
drives a school bus and cannot drive down Forest. The business has repaired cars in the alley.
They have thrown garbage in the alley. Ms. Mazzaza has seen employees urinate on the
neighbor's gazage. There is a huge pile of brush, tires, garbage in the back of the business that is
eight feet high. She is concerned that mosquitoes may be breeding there.
Mr. Strathman asked has she called the police about the velucles. Ms. Mazzara responded that
Pazking Enforcement has been uncooperative. She cails the Mayor's Complaint Office, and the
work gets done. It can take months for the vehicles to be removed. Three months is the longest
she has seen a vehicle pazked there. This has not occurred since the last rime she had something
towed, which was a few weeks ago.
Mr. Strathman asked aze there any vehicles there now. Ms. Mazzara responded there are not If
the owners would comply with the five conditions recommended, she would be happy.
HIGH T]
Mr. Strai
did Mr. :
contacte�
suppose
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4VENUE EAST
Page 2
an eight foot pile of garbage, and he asked
he saw a trailer full of wood debris. He
t it should be removed, but the tenant is
he is responsible for the activities of his
tenants on this properry, and that Mr. Zangs would have a frank discussion with the tenant
regarding this. If the license is issued with these conditions, LIEP will enforce them. If there is
no compliance, LIEP will start adverse acfion against the license.
Mr. Strathman stated Ms. Mazzara's letter refers to the grass being 18 inches high. Mr. Zangs
responded that the owner krired someone to cut the grass. Mr. Zangs reviewed the lease and
according to his interpretation of it, the tenant is responsible for mowing the grass. It has been
cut.
Ms. Mazzara stated the grass is growing again. Right behind the building there is an eight foot
pile of brush, tires, boazds. Mr. Zangs responded he received notice from Housing that there are
outstanding orders on this property.
Ray Ogren, Vice President of District 5 Planning Council, appeazed and stated in April, the
planning council sent a letter to the City recommending that they purchase the site, demolish the
building, and develop housing there. At its May mee6ng, the planning council recommended the
City deny this license. PED (Plamiiug and Economic Aevelopment) is in negotiations with Mrs.
Federoski (phonetic) to purchase the property and demolish it. Mr. Ogren feels it would be
counterproductive to grant any licenses. Someone has been operating a business out of the
locafion up until the planning council's June board meeting. There are approYimately I S cazs on
this site right now and there may have been up to 25 cars. It is more like a junkyard. This has
been going on for several years. This is a visible location on Maryland Avenue. It projects the
wrong image of the East Side, wYuch is something they are trying to change. Council President
Dan Bostrom is in suppoft of the City purchasing the property and it is going forwazd according
to his conversation with Mr. Bostrom on Saturday.
1V�. Strathman asked has he seen the conditions proposed for this license. Mr. Ogren responded
he has not seen them, but he heazd what Mr. Zangs said. Mr. Ogren has heard the same
conditions before. It will solve nothing on the East Side.
Even with those conditions, asked Mr. Strathman, you stili maintain your objections to the
license. Mr. Ogren responded absolutely. The planning council wants to see this building
demolished and the site redeveloped. It is counterproductive to issue a license because it may
impair the City's ability to gain control of the property. The question is what ability does the
City have to cancel the license, demolish the building, and develop it.
Mr. Strathman stated he is hearing people testify that this business has been operating far two to
three years. Mr. Zangs responded one of the problem with the site is the transient tenants. Over
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HICrH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST
Page 3
the last couple of years, tenants have started businesses, they are told to get licenses, and by the
time it gets to the final end of processing the licenses, the tenants are gone.
Mr. Strathman asked how long the current applicant has been operating a business here. Mr.
Zangs responded the applicant received a notice in January of this year to apply for a license; it
has been at least that long.
Felipe Saxnaniego, applicant, appeazed and stated he did not know this site had a lot of problems
in the past. He can comply with the conditions. He can move all the cars and clean the property.
He talked to the owner about painting it because he is a painting contractor.
Mr. Strathman asked how long he has been there. Mr. Samaniego responded he has not been
working there. He just applied far the license. His partner has his tools there and goes there
periodically.
Mr. Strathman asked is he operating a repair business there right now. Mr. Samaniego responded
no. He has been closed since he applied for the license. Sometimes.it is open because his
partner is cleaning his tools and taking tools out of there. Mr. Samaniego has his own business.
As soon as he gets his license, he will start working at 943 Maryland.
Is that what has been observed, asked Mr. Strathman. Mr. Zangs responded he observed
someone working on a white Chrysler inside the build'mg yesterday. The hood was up, and this
person had to clean his hands because he had been working. Ms. Mazzaza responded that last
week there was no business going on there, but this week it started up again.
Mr. Strathxnan asked would he agree to the conditions proposed here. Mr. Samaniego responded
in the affirmafive.
Mr. Zangs stated he wouid like an additional condition about no vehicles pazked in the a11ey
because there is always a problem about the ownership of cars there. Mr. Samaniego stated that
condition would be okay.
Ms. Mazzara stated the City buying the property interests her, but she realizes that people have to
make a living. Well run businesses are okay, too.
Mr. Strathman stated if there was a history of this owner flagrantly disregatding the rules of the
City, it would seem there would be a basis for not approving the license. Mr. Ogren stated he
thought Mr. Zangs indicated that the applicant has bee -� -� � - �
were doing business there without a license as of yesta
doing business even though they were scheduled for a
they appeared before the District 5 Planning Councii.
disregard for the law, the neighbarhood, and the distri
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HIGH TECH AUTO SERVICE - 943 MARYLAND AVENI.TE EAST Page 4
Mr. Strathman stated it is often the case that businesses start off and there is a long time before
they get a license. While what may have happened here is not good, it is not uncommon and not
a basis for denying the license. Under the law, Mr. Ogren asked, isn't tbe business suppose to
have a license before they conduct business. They aze, responded Mr. Sirathman, but as a matter
of practice, many people do not know they are suppose to have a license or they apply for a
license and it takes months for it to be approved. As a practical matter, if that would be a basis
for denying licerrses, a lot of licenses would be denied and a lot of havoc would be created in the
City. That fact alone is not enough to deny a license. Mr. Strathman does not feel this applicant
can be held responsible for all the bad things that have happened previously.
Mr. Strathman asked is it correct that people operate without a license during the license
applicarion process. Mr. Zangs responded it is a practice tkat goes on. There are circumstances
where it happens a lot.
Gerry Strathman recommended approval of the license with the six conditions that the applicant
has agreed to, which are listed below. This will be on the City Council agenda for duly 26, 2000.
1) Parking for customers and employees shall be in the areas designated in the site plan on file
with the Office of LIEP. Parking in other azeas of the lot is prohibited until a site plan is
approved by the Office of LIEP for any expansion of the parking surface.
2) Only customers and employee vehicles may park on the lot.
3) Vehicle satvage is not permitted.
4 Vehicles with major body parts removed, vehicle parts, tires, oil, or similar items may not be
stored outdoors.
5) No repair of vehicles may occur on the exterior of the lot or in the public right-of-way.
6) Vehicles awaiting repair and employees vehicles shall not be parked ar stored in the adjacent
alley.
The meeting was adjourned at 1125 a.m.
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(Note: T'4�ese six conditions have been signed by the applicant.)