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04-411Council File # oy - 41 � Green Sheet # 3010975 RESOLUTION CITY OF SAI�NT P_AUL, MINNESOTA �, ,i , Presented Refersed To Committee Date WIIEREAS, the Legislative Hearing Officer recommends that the license application (ID # 0050543) for Auto Body Repair/Painting Shop, Auto Repair Garage, Second Hand Dealer-Motor Vehicle Licenses by Richard M. Pellow, President, Twin Cities Wrecker Sales, Inc., doing business as Twin Cities Salvage Pool, 1301 Jackson Street, be approved with the foilowing condifions: 1. Licensee will complete the required grading and storm utility work as per Grading and Utility Plan #Cl (approved by Public Works Sewer Utility on Apri125, 1996), by June 30, 2004. (Licensee may choose to submit a revised storm water management plan to Public Works Sewer Utility for review and approval by March 1, 2004. This information should indicate drainage areas, size of piping, size of holding ponds, and will demonstrate that the ponds are adequate to hoid the required on-site detention volume in a 100-yeaz storm event.) 2. All vehicles for sale and displayed outdoars, customer and employee vehicles must be parked in the azea designated on a LIEP approved site plan. 3. There shall be no exterior storage of junk or discarded vehicle parts, tires, oil or any other similaz materials associated with the business. Trash will be stored in a covered dumpster. 4. At no time shall vehicles be parked in the driveway or in the public right-of-way. 5. Cars for sale may not be parked on the street or public right-of-way. 6. Vehicle salvage is not permitted. 7. No auto repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 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 a11 federal, state, and locallaws. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Yeas Nays Absent Benanav �/ Bostrom f Hanis ,/ Helgen ,� Lantry ✓ Montgomery ✓ Thune �/ ` Adopted by Council: Date /�p� /�„pj///r� Adoption By: Approved By: a�-�f�1 Green Sheet 3010975 Requested by Department of � Form Approved by City Attomey � Approved by Mayor for Submission to Council ` _. , __ ,. . _ _. � - ��'��� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrnentlo�eelcouncil: Date Initiated: co -����� 2��-� Green Sheet NO: 3010975 Contact Person 8 Phone: Ue�artrneM - Sent To Person InitiaUDate MarCia Moertnpnd � 0 oun i 2 ��� Assign 1 ounci De arhnentD'rector Must Be on Council Agenda by (Date): Number 2 ' Clerk For Roufing 3 Order 4 5 Total # of Signature Pages _(Clip AII Locations for Signature) , Action Requested: Approving application, per the Legislative Hearing Officei, for Auto Body Repair/Painting Shop, Auto Repau Garage; Second Hand Dealer-Motor Vehicle Licenses by Richazd M. Pellow, President, Twin C9ries VJrecker Sales, Inc., doing business as Twin Cities Salvage Pool, 1301 Jackson Street. Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Answerthe Following Questions: Planning Commission t. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civii Service Commission 2. Has this person/firtn 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 all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWqes If Aoproved: Disadvantapes if Aoproved: �,'� Disadvanqges if Not Approved: Total Amount of CosNRevenue Budgeted: Transaction: Fundins7 Source: Activiry Number: Financiai Information: (Explain) � �, �� � �� ������ MINUTES OF THE LEGISLATIVE HEARING TWIN CITIES SALVAGE POOL - 1301 Jackson Street Thursday, January 8, 2004 Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:47 a.m. STAFF PRESENT: Tom Beach, LIEP (License, Inspecfions, Environxnental Protection); Jeff Hawkins, LIEP The following appeared from Twin Cities Wrecker Sales, Inc., dba Twin Cities Salvage Pool, 1302 Jackson Street: Richazd Pellow, President, and Jean Pellow, Secretary and Treasurer. (Mr. Pellow presented aerial photographs of the property. Mr. Hawkins submitted ground photographs.) Marcia Moermond stated she has one letter of objection from District 6 Planning Council regazding storm water runoff, hazardous waste disposal, parking, and the concentration of such businesses in the azea. There are eleven conditions that LIEP is recommending for this license application. Mrs. Pellow responded that they object to four of them, and she would like to know what those conditions mean. JeffHawkins reported that the originallicense is for Vehicle Sales. The owners wish to add the following: Second Hand Dealer-Motor Vehicle, Auto Repair Gazage, Auto Body Repair/Paint Shop. LIEP recommends the following conditions to the license: 1. Licensee will complete the required grading and storm utility work as per Grading and Utility Plan #C 1(approved by Public Works Sewer Utility on Apri125, 1996) by June 30, 2004. (Licensee may choose to submit a revised storm water management plan to Public Warks Sewer Utility for review and approval by December 31, 2003. This information should indicate drainage areas, size of piping, size of holding ponds, and will demonstrate that the ponds are adequate to hold the required on-site detention volume in a 100-year storm event.) 2. Licensee will obtain written permission from Burlington Northern Raiiroad to allow Building #1 pond to discharge/drain onto Burlington Northem's properiy. A copy of the written permission from Burlington Northern must be submitted to LIEP by February 15, 2004. 3. All vehicles for sale and displayed outdoors, customer and employee vehicies, must be parked in the area designated on a LIEP approved site plan. 4. There shall be no exterior storage of vehicle parts, tires, oil or any other similaz materials associated with the business. Trash will be stored in a covered dumpster. 5. At no time shall vehicles be parked in the driveway or in the public right-of-way. 6. Cars for sale may not be parked on the street or public right-of-way. 7. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 8. Vehicle salvage is not permitted. o� ��� LEGISLATIVE HEARING FOR TWIN CITTES SALVAGE POOL - 1301 Jackson Street - 2- 9. No auto repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 10. Provide maneuvering space on the properiy to allow vehicles entering and exiting the site to proceed forwazd. Backing from the street or on to the street is prohibited. i l. Licensee must comply with all federal, state and local laws. Mr. Hawkins gave a history of the properiy. Late winter 1996, the site plan was submitted to the City for review, which showed ponds for storm water management. Building permits were appiied for construction_of the two buildings. LIEP issued permits for the footing and foundation. Later, a full building permit was issued. The site plan was never fully approved. The plans submitted by the property owner showed the storm water ponds and paved pazking set back from the Jackson property line. On December 23, 2002, a Public Works employee inspected the site and found deficiencies. October 2003, LIEP noticed additional work had been done on the site with the paving of the pazking lot to the Jackson fence and the pazking line. On October 30, Tom Beach asked Public Works to have an inspector take another look at it to see if everything was okay. November 5, 2003, they asked again if the inspector was done on November 6. Public Works did go out to the site and they did confum that additional pauing had been done. On December 11, they met with Mr. Pellow to say they needed an update showing drainage, grading, nuxnber of ponds, volume, pipe size, the paving, parking layout, green space, and landscaping. They decided to put them on conditions for the license so the license could go forwazd. Ms. Moermond stated it seems that for Condition 1, they are going forward with the license on completion of all the items in the site plan. Mr. Hawkins responded that is correct. Mr. Beech added that the site was not done according to plan and they debated whether to hold up the license until they did the work; they decided to approve the license on condition that they do the work. This site is unusual because it is lower than the street and between two roads. They get pernussion from the railroad to drain the water onto the raiiroad tracks. The thing they are interested in is the landscaping. The original plan showed grass and trees. The trucks aze parked right up to the fence. They have a choice to do it by June 30. If they want to come up with a different plan, they could have gotten a deadline at the end of 2003. Mrs. Pellow stated she had a copy of the site plan. Future addition has the pazking going in one direction. She has shown the way pazking is right now. It is still on her property. They have a letter from Northern Pacific Railroad giving them permission to e�aust the excess water onto their property. It will go down the hill into a drainage ditch and run from there. The railroad proper[y ends under the bridge at Jackson. � Mrs. Pellow gave the following background information: Twin City Wrecker Sales started business in 1978 at 1280 Jackson Street. In 1996, they moved across the street to 1301 Jackson. They employ 20 people. They have purchased every license the City of Saint Paul and the State of Minnesota has asked for. For 25 years, the business has not changed as faz as what they do: they build new tow trucks and sometimes sell them and sometimes take an older truck on trade. They repair the trucks at their shop, They sell items for trucks both new and used. They built an C� `� �� LEGISLATIVE HEARING FOR TWIN CITIES SALVAGE POOL - 1301 Jackson Street - 3- $800,000 building on an empty lot and pay their share of taxes. They aze surrounded by the railroad tracks and have no homes within two blocks of their business except for their residence at 1354 Jackson Street. They aze lower than Jackson Street and they have to handle the water than runs in from the street. Neither they nor their customers pazk on the street, as they have sufficient pazking in their lot. They have two holding ponds: one is completed, and the other will be improved next year. The Water Department ruptured a pipe outside their lot and water rushed into their yard doing a lot of damage to their holding pond and washed away ten feet of theu yard. They had to wait for inspection and to get estnnates for the damage done. They finally settled with the Water Department and were able to repair the damage and blacktop the lot. They aze proud of theu business and resent the implication that they pollute with hazazdous waste. They do not operate a body shop and paint shop for customers. They only paint their parts in the paint building for the trucks they sell. They did not need a fire sprinkler system in their paint shop as they were under 3,500 square feet in size and about 20 feet from the fire hydrant. Now, the City says she needs one. In 25 years, she has not changed her business and what she does, but the City has changed with new rules. The Pellows keep improving what they have. The City is planning on forcing them out of the business for the paths and the pazks that pay no taxes. The Pellows pay close to $100,000 a year for their property and tases. Ms. Moermond stated she does not see anything about a sprinkler system being a condition. Mrs. Pellow responded Mr. Hawkins said that things aze different than what they thought they had accomplished in 1996. Mr. Hawkins responded that is being handled by Dave Bergman, Fire Department. Mrs. Pellow stated she has a map that shows that their properry is included in the path they are putting through in that area. Also, they have copies of a hazardous waste generated report that says what they do with their hazardous waste. Mr. Pellow added they haue licensed companies that handle that stuff and dispose of it properly. Mr. Hawkins responded this may have been a concern of the district councii, but not a concern of LIEP. Mr. Hawkins stated this business does service additional trucks. When he asked a staff person do they paint other trucks besides the ones they sell, he was told that they do; they are opening it up to the publia lf they aze only servicing Yhe trucks they are selling, that is a different situation. It is a clean operation. Mr. Hawkins would like to get it back to 1996 where they are on that site plan. There was supposed to be landscaping and paving. Some of these conditions aze put on every auto license in the City. Salvage is not allowed at 1301 Jackson. Old trucks should be stored at 1280 Jackson. There is a high density of auto related things, and this is an I-1 Industrial zoned area. There aze a lot of complaints in that area; if the business is allowed and perxnitted, it is considered to be an unfounded complaint. Mrs. Pellow stated she always had her new dealer license from the State of Minnesota. That is what the dealership needs to be able to buy new. Used is included in that. The assumption on her part is a new caz dealer license is sufficient to cover everything and a used caz dealer cannot buy certain things. The Pellows have always had the new car dealer license, assuming it is the O�-4 �� LEGISLATIVE HEARING FOR TWII�t CITIES SALVAGE POOL - 1301 Jackson Street - 4- same as the State license. They aze doing the same as what a dealership does: they build new trucks, take trade-ins, sell parts, and do everything a dealership would do. She is not sure how many licenses they have to haue. Mr. Hawkins responded they do have a second hand motor vehicle license, too. The new caz would cover the trade-ins also. He will re-evaluate these licenses. If they aze working on trucks or painting certain things, that is getting into auto body and auto repair. If they aze putting a new wrecker together for someone, that is overiapping into auto body and auto repair. Mr. Hawkins knows they aze not open to the public in general and tuning up vehicles, but if someone has a truck that needs work, they can go to Twin Cities Salvage and get a quality job done. Mrs. Pellow responded that is when Mr. Hawkins said they need other licenses. They got the notice on that and paid for it. Mr. Hawkins responded that is when he found out the site plan issues from 1996 had not been done. Mr. Pellow stated that he told Mayor Norm Coleman that if he had any problems, he was going to go elsewhere. Mr. Peliow wanted to set up a meeting so that they can agree with everything and move along swiftly. They had a meeting, Mr. Hawkins was there, a person from the Fire Department was there, and everyone agreed with everything in print. It has not gone well since. Mr. Hawkins responded there was a lot of things in flu�c with the business. The City is understanding, but wants to get everything settled now. Mr. Pellow asked about the holding pond on the south side. It is so large. The lot drains to catch all the water from the north to the south. The pond is three times the size in print. They had the land up there anyway. The other one is deep enough to cover his waist. Mrs. Peliow added that the northern holding pond could not drain onto railroad property, so they had to go south across the whole properiy over to the south holding pond. That has changed since the letter of permission from the GreaY Northern that it is okay to have the water run on his property. They do have that letter with them. Mr. Beach stated there were things going on and the City was not in the loop. There is a plan from 1996 that shows one thing, but there is something else out there. The City does not have a letter or plan showing what is out there now. That is why there aze conditions there. If they want to change what is on the 1996 plan, then the City needs a plan showing that. Mrs. Pellow responded that is the only change on the site plan other than where they are pazking. It is on their properiy. It is drawn to be parked a different way because they are using the expansion that they haue for future building and putting the parking lot so that it conesponds with having this addition. Mr. Beach stated he does not care where they park their trucks on their property. Right along Jackson Street, the original plan showed 15 foot plant there, and now there are trucks backed up to the chain link fence. It does not look attractive. He would like to see the trucks removed, have sod put in, and trees. If they want to pazk closer to the fence, they should put in a fence a person could not see through. Mr. Pellow responded they did hold the paving back. They talked O� �;�� LEGISLATIVE HEAI2ING FOR TVJIN CTI'IES SALVAGE POOL - 1301 Jackson Street - 5- about installing trees and got around to putting them in. That is the only thing they aze lacking. It is a nice looking place. No one is complauring about a whole row of new trucks. The City sent out a notice (regarding their license application) asking people if they had a problem with Twin Cifies Wrecker Sales, and no one wrote back except for a section of the government (District 6 Plamung Council). Mr. Beach stated there aze two options: 1) act according to the original plan, 2) if they want to make changes, give LIEP revised plans. The Pellows had a deadline for the end of the 2003. LIEP needs to get something in soon to get this wrapped up. Ms. Moermond asked what is involved in revising the plans. Mr. Beach responded they would have to get an engineer involved for the storm water issue. Mr. Beach could live with a wooden privacy fence in lieu of the trees. Mrs. Pellow stated the advantage is to have customers see the cabin chassis to have a tow trucks made from it. She would hate to have a business along Jackson Street and to put up a wooden fence so the trucks cannot be seen. Mr. Pellow stated that times have changed a lot. The dealers used to stock a lot of trucks. The cost of them have gotten prohibitive so dealers do not stock them anymore. That forces the Pellows to buy the huck and have them there so when a customer comes in, there is not a three month wait to secure a new truck; he can pick out the one he wants, and Twin Cities Salvage can build it. Most of the sales are seasonal. They sell their trucks in the fa11. It has become a necessary evil compared to 1996 that they have to inventory and stock those trucks. He does not appreciate it either, but that is $2 Million sitting out there. Mr. Hawkins stated that where it is asphalted now is similar to what is on the plan. Then, they have rock or dirt to the fence. He asked about an adequate display area if they came to the end of the asphalt and did something between the fence, such as low hedges. Mrs. Pellow stated they are down on inventory in the picture. They just brought in three or four new chassis. She asked would they be parked out back where nobody would see them. Mr. Hawkins responded they could have a second display row so it is not right against the fence. When people come into to pazk, stated Mr. Pellow, they want parking in their lot and not on the street. They have to keep open room for semi-trucks to come in and unload the tnxcks. Mr. Hawkins stated there was an agreement in 1996 that there would be landscaping there. Mr. Beach is willing to do something different, such as wrought iron fence, decorative fence, etc. That way there would be a display area, too, and they would not have to fill up that ten feet with trees, brush, etc. Mr. Hawkins stated that once the Public Works issues are done, LIEP just wants a site plan so that if there are complaints, LIEP can show what was agreed to, and that Twin Cities Wrecker O�-� �� LEGISLATIVE HEAI2ING FOR TWIN CITIES SALVAGE POOL - 1301 Jackson Street - 6- Sales did it, and the City is not going to mess with them anymore. Kight now, the situation is in flus from what was agreed to in 1996. The business has changed like they all do. LIEP does want to work with the company, but they haue an agreement that was not fulfilled. He understands it does not fit their business right now, but he still needs them to come with a new proposal if they wish to set aside the requirements of the 1996 plan. Mr. Pellow stated it will cost $15,000 to have it architecturally done. As for the drainage, Mr. Beach stated, Public Works wants a plan about what they did and is it okay with LIEP. Mr. Hawkins added that it should show the increase in size, how deep, etc. That might be enough for Public Works. He might haue to get an engineer. Public Works has to be assured that if they approved something, and if there is a wash out, that it should not have done that according to the plans. Ms. Moermond stated they need to hire an engineer about the holding capacity for the two ponds and the draivage. Mrs. Pellow responded the original plan has the arrows showing the drainage of where the water runs on the property. The holding ponds are larger than what are on the pians. She did not think there was a problem if they were bigger. Mr. Pellow stated the ice was frozen on the pond so he was unable to figure out how deep it is. Mr. Hawkins stated no one thinks that the Pellows were hying to trick anyone. From now on, everyone should know exactly where the ponds are, the paint booth has a sprinkler system, and they will have a license for selling used vehicies. If someone comes in and says that you wrecked their tow truck when you painted it, LIEP would say that you aze not licensed to do that. Then, there is a lawsuit. If the City knows about it and didn't license it, then that person could sue the City. Mrs. Pellow stated she wonders if there is a recording of the meeting held when all this was agreed upon. Anytime they get notice that something has to be done, they act on it as quickly as possible. They were held up with the wash out and damage done by the Water Department. That held them up for two years until they were paid by check. Once they were done with that, the Pellows could go fiu•ther and do what they were supposed to be doing with the blacktopping, holding ponds, etc. Mr. Hawkins responded that is why it has taken this long because LIEP understands there were problems. Mrs. Pellow stated that when they get notice of something, they try to get proper licensing. There aze always obstacles in the way to get the job done. She noticed that their property was put onto the plan as being part of the path. Mr. Pellow stated he has met with John in District 6. John says he does not like vehicles. This is his prerogarive, but when he starts infringing on other people's work rights and to push his opinion in the position that he is in, then there is a problem. The Pellows are very defensive when it comes to District 6 because they seem to be doing everything against them that they can O�-\-��� LEGISLATIVE HEARING FOR TWIN CITIES SALVAGE POOL - 1301 Jackson Street - 7- possibiy do. District 6 is not hiding it from him: they show him that is the azea they want. They have been there since 1967. He chose to seli his house in New Brighton and move here because he thought Saint Paul was such a friendly community, which is why he volunteers. Mr. Pellow wants to know who they made mad. Mr Hawkins responded that he understands the history of that azea better than most of the peopie in District 6. It is an industrial azea. It is only one azea that District 6 is after. They do not want any auto related facilities. They can ca11 in to coanplain; either there is a violation or the complaint is unfounded. This is nothing to do with being isolated because of the greenway or the path or whatever they want to call it. Mr. Hawkins stated that Twin Cities Salvage Pool is a viable business. The Pellow family has been good to Saint Paul and Saint Paul has been good to the Pellows. It is a partnership and they do not want to end that. Ms. Moermond asked are there any conditions they want to talk about. They have talked about Condition 1 extensively. She asked about Condition 6. This is placed on a11 auto businesses. Mrs. Pellow responded it makes no difference because it never happened. Condition 3 is part of Condition 1. Mrs. Pellow asked about Condition 4. Mr. Hawkins responded these are what he enforces anyway; they are in the ordinance. Mrs. Pellow stated they don't sell used parts per se. As far as having junk automobiles, they may use some of the parts for the trade in trucks, but they are not in the business of selling parts. Mr. Hawkins responded this is on everyone's license so there is some consistency on all his auto repair licenses. None of these condirions aze put on because there was a problem. Ms. Moermond asked would they like a set of the minutes just in case anything came up. Mrs. Pellow responded that may be necessary because they are asked to sign and agree. Mr. Hawkins stated he can add "junk or discarded" to Condition 4. He wiil eliminate Condition 7; if the issue comes up, the ordinance is there for him to use. Condition 8 is for cannibalizing parts. If there are some they are going to use for parts, they can go across the street for the storage. Mr. Pellow stated he does not do engine work nor mechanical stuff. Ms. Moermond asked is 1280 Jackson Street also their property. Mrs. Pellow responded yes. Ms. Moermond asked are they comfortable getting an engineer to check the capacity of the holding ponds and submitting the landscaping ideas for the parking lot. Mrs. Pellow responded if that will soive the problem, that is what they will do. She asked is there someone that woxks in the City that can look at the pian. It cost $15,000 to do the first one. Mr. Beach responded someone can look at the plans, but a City employee will not draw them. ��--� �-E �� LEGISLATIVE HEARING FOR TWIN CITIES SALVAGE POOL - 1301 Jackson Street - 8- Mrs. Pellow asked about planting trees that she proposed across the front. Mr. Beach responded those trees were shown behind the fence in the grassy azea If they took the trucks out of there and there is grass growing there this spring, then he will be happy. Mr. Hawkins stated he will make the changes on the conditions and bring it to the Pellows to sign. Mr. Beach responded that the word "landscaping" should be added to Condition 1. That is when it has to be fixed. Mr. Hawkins stated the actual plan is for December 31. It should be changed to March l, 2004. Ms. Moermond staxed she will recommend to the City Council that they approve the license with the conditions that she agrees to. That should come forwazd January 21. The hearing was adjourned at 11:52 a.m. � Mr. Pellow signed the conditions as listed below: 1. Licensee will complete the required grading and storm ufility work as per Grading and Utility Plan #Cl (approved by Public Warks Sewer Utility on Apri125, 1996), by June 30, 2004. (Licensee may choose to submit a revised storm water management plan to Public Works Sewer Utility for review and approval by March 1, 2004. This information should indicate drainage areas, size of piping, size of holding ponds, and will demonstrate that Yhe ponds are adequate to hold the required on-site detention volume in a 100-yeaz storm event.) 2. All vehicles for sale and displayed outdoors, customer and employee vehicles must be parked in the area designated on a LIEP approved site plan. 3. There sha11 be no exterior storage of junk or discarded vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. 4. At no time shall vehicles be parked in the driveway or in the public right-of-way. 5. Cars for sale may not be parked on the street or public zight-of-way. 6. Vehicle salvage is not permitted. 7. No auto repair of vehicies may occur on the exteriox of the lot or in the public right-of-way. 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.