05-641Council File ��
Green Sheet # 3027255
Presented
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �'
Committee Date
WHEREAS, the Legislarive Hearing Officer recommended that the license application (20050001279) for an
Auto Repair Garage License by Metric Service Center LLC, doing business as Metric Service Center, 99
Hyacinth Avenue West, be approved with the following conditions:
1. Auto Sales are not permitted.
2. Customer and employee vehicles shall not exceed sixteen (16) and must be pazked in the azea designated
on the LIEP approved site plan.
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.
4. Customer and employee vehicles shall not be parked ar stored on the street or a11ey. This includes cazs
which haue been repaired and are awaiting pick-up by their owners. At no time shall vehicles be parked in
the driveway or in the public right-of-way.
5. The license holder agrees to maintain the fencing, vehicle location, and vehicle barriers in a manner
consistent with the approved site plan.
6. All vehicles pazked outdoors must appear to be completely assembled with no major body parts missing.
7. Vehicle salvage is not permitted.
8. Auto body and painting are not permitted.
9. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All repair work
must occur within an enclosed building.
10. Vehicles awaiting repair may not be parked or stored in the adjacent alley.
11. Customer vehicles may not be parked longer than 10 days on the premises. It shall be the responsibility of
the licensee to ensure that any vehicle not claimed by its owner is removed from the lot as permitted by
law.
12. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed
forwazd. Backing from the street or on to the street is prohibited.
13. Licensee must comply with all federal, state and local laws.
14. Storage of vehicle fluids batteries, etc. shall be in accardance with Ramsey CounTy Hazardous Waste
Regulations.
15. Licensee will be in compliance with all conditions prior to opening. A LIEP inspector will provide written
authorization to open when compliance is achieved.
16. The license will be reviewed for compliance with these conditions every six months. Failure to remain in
compliance will result in adverse action against the licensee.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application with the aforementioned conditions.
Green Sheet 3027255
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Green Sheet 3027255
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Yeas Nays Absent
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Bostrom ✓
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Montgomery „�
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Adopted t
Adoption
By:
Approved
By:
Requested by Department of:
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
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DepartrnenVOffice/wuncil: Datelnitiated: Vw " �
co �,��� ���-05 Green Sheet NO: 3027255
Deoartrnent SentToPerson InitiallDate
Contact Person 8 Phone: .
Marcia Mcermond. 0 ouncil
266-856� `' " � Assign 1 ouncil De artmentDirector
Must Be on Councii Agenda by (Date): Number Z � Clerk
For
Routing 3
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Order 4
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Total # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested: "
Approving license applicauon with condih'bns, per the Legislative Hearing Officer, for an Auto Repair Garage License by Mehic
Service Center, 99 Hyacinth Avenue West.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever beeo a clty employee?
Yes No
3. Does tFiis person/firm possess a skill not normally possessed by any
current city emplayee? .
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Ativantai�es If Approved:
CW�GI �{ '
Disadvantages If Approved: , , � � � �
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y_s,
Disadvantages If Not Approved: - "'" ' ������°' -�=.. , _•-:,,,
Total Amount of CosURevenue Budgeted:
Transaction:
Fundinp Source: Activity Number:
, �; �r�ahcial Infortnation: '
' (Explain)
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MINUTES OF'Tf� LEGISLATIVE HEARING
ME'I'RIC SERVICE CENTER — 99 Hyacinth Avenue West
Tuesday,June 20,2005
Room 330 Courthouse, 15 Kellogg Boulevazd West
Marcia Moermond, Legislative Hearing Officer
The heazing was called to order at I 1:02 a.m.
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STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protection (LIEP)
Francisco Valdepena, business owner, appeazed.
Ms. Moermond stated the point today is to come up with a recommendation on this license
application. There aze three possible outcomes: 1) grant the license without conditions, 2) grant the
license with conditions, which have to be agreed upon by the applicant, 3) refer to an Administrative
Law Judge (AL�. This would be referred to an ALJ if there are conditions Ms. Moermond would
think are necessary but the applicant is not agreeable to them or there is no way the land use is
compatible with the adjacent land uses.
Mr. Valdepena reported that he would like to make it clear what responsibility is his and what are the
site owner's. Ms. Moermond stated it happens sometimes that the applicant owns the business but
not the land. Somerimes people negotiate things into the lease to make things clear.
Jeff Hawkins reported that he is an inspector that covers zoning and licensing. Today, they are
looking over the application for an Automobile Repair Garage License at 99 West Hyacinth Avenue.
There are 16 conditions that LIEP recommends for all their similar auto related functions. The
conditions are as follows:
1. Auto Sales axe not permitted.
2. Customer and employee vehicles shall not exceed sixteen (16) and must be parked in the area
designated on the LIEP approved site plan. (Mr. Hawkins noted that any changes to the site
plan would need to be reviewed by LIEP and it would go through a site plan review process.)
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.
4. Customer and employee vehicles shall not be parked or stored on the street or alley. This
includes cars which have been repaired and are awaiting pick-up by their owners. At no time
shall vehicles be parked in the driveway or in the public right-of-way.
5. The license holder agrees to maintain the fencing, vehicle location and vehicle baniers in a
manner consistent with the approved site plan.
6. All vehicles parked outdoors must appear to be completely assembled with no major body parts
7.
8.
9.
10.
11.
12.
13.
missmg.
Vehicle salvage is not permitted.
Autobody and painting are not permitted.
No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All
repair work must occur within an enclosed building.
Vehicles awaiting repair may not be parked or stored in the adjacent alley.
Customer vehicles may not be parked longer than 10 days on the premises. It shall be the
responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed
from the lot as permitted by law.
Provide maneuvering space on the properiy to allow vehicles entering and exiting the site to
proceed forward. Backing from the street or on to the street is prohibited.
Licensee must comply with all federal, state and local laws.
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LEGISLATIVE HEARING MINU7ES FOR METRIC SERVICE CENTER Page 2
14. Storage of vehicle fluids batteries, etc. shall be in accordance with Ramsey County Hazardous
Waste Regulations.
15. Licensee will be in compliance with all conditions prior to opening. A LIEP inspector will
provide written authorization to open when compliance is achieved.
16. The license will be reviewed for compliance with these conditions every six months. Failure
to remain in compliance will result in adverse action against the licensee.
Ms. Moermond asked if Fire has reviewed this. Mr. Hawkins responded that Fire has approved,
License has approved, and Zoning has approved. This is an I-1 Industrial properry. The applicant
signed the conditions on May 30.
Mr. Valdepena asked if these are standard conditions. Mr. Hawkins responded these are standard
regulations that have been enforced for the last five years on all auto related licenses as they turn
over. Although the licenses were standardized and enforced, they were never put out in front.
Ms. Moermond noted that Condition #10 duplicates #4. Mr. Hawkins responded he noticed that.
If the applicant were to seek an auto body repair in the future, said Ms. Moermond, there would be
neighborhood notification. She asked about Condition #16 and if it is uniform to all licenses of this
type. Mr. Hawkins responded it is specific to this area. If there are complaints, the inspector will be
out there before six months has elapsed.
In answer to several questions, Mr. Valdepena responded he has not had an auto repair shop before,
but his partner Ruben C. Hernandez has been in the business for 18 years. Mr. Hernandez, who is
also a co-owner, is not here today, as he is working. Mr. Valdepena is a mechanic and will not be
painting the vehicles. He will be there everyday.
Chris Brackey, 1324 Laura Street, site owner, answered a question about Condition #5. In terms of
the fence and the boundaries, said Mr. Brackey, he cannot control that until he hears about the
complaint.
Ms. Moermond stated she is looking for neighborhood assurance on the barriers and the fencing. She
asked can an addendum to the lease agreement be made so that this condition is his responsibility.
Mr. Brackey responded it is in the lease. They painted the site, planted trees, and mowed the lawn.
The present licensee has been there since October. The building and physical facility had been quite
run down. The neighbors are happy now.
Pattie Lammers, District 6 Planning Council, 213 Front Avenue, appeared and stated their Land Use
Committee sent a letter on this issue. They had an opportunity to review the license, but the
applicant did not come to the meeting, so they were working off of limited information. They realize
this use has been in place for over 20 years. Their large area plan requests that they limit the number
of auto related businesses in the North End Area because many of the residents feel the neighborhood
is cunently saturated with auto related businesses. The new Rice Street Area Plan is also requesting
that auto related businesses no longer be used on Rice Street. Based on that information, the Land
Use Committee voted to deny the license. They do realize that this will be approved with conditions;
therefore, she looked at the currently recommended conditions, and they think they are appropriate
for auto related businesses in the area.
With regard to Condition 11, said Ms. Lammers, they haue a problem with businesses storing cars for
weeks. There should be some sort of sticker system so that people could idenrify when cars were
coming out of a lot.
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LEGISLATIVE HEARING MINUTES FOR METRIC SERVICE CENTER Page 3
Ms. Moermond stated she is sure there were requirements for the length of time a business can store
a car. Mr. Brackey responded they have run into situations where a customer cannot be reached or
vanishes. There are laws that they have to Follow in order to dispose of the vehicle. He does not
know of a system that any county or state agency has that marks the vehicles. Mr. Hawkins
responded he does not know of a system except for the Impound Lot, which has an invoicing system.
The key is to do homework on a client. If they want a transmission, the owner should ask for half
down. There are auto service places that do not have a caz in their lot, but they do a lot of business.
If there are a lot of people one day, they some customers may have to be told to come back
tomorrow.
Ms. Moermond asked how much he would be abie to mentor this applicant. Mr. Brackey responded
as much as they want him to. Tom works for him and is bi-lingual. He is here today to help translate
some of these things. Mr. Brackey was not aware of the District 6 meeting. If there was
communication, he would have been there. Ms. Lammers responded they usually do call, also.
Ms. Moermond asked how long the current business wili operate. Mr. Brackey responded the cunent
license for auto repair runs through August. This is a new applicant.
Mr. Hawkins asked was there a problem with the old owner picking up stuff. Mr. Brackey responded
there was a mess there, but now it is clean.
Ms. Moermond asked is the Rice Street Plan the design guideline plan. Ms. Lammers responded it is
the plan that calls for rezoning large portions to TN, but it has not been approved by the Planning
Commission yet.
Mr. Hawkins asked has this properiy itself been targeted for rezoning or is it outside the parameter.
Ms. Lammers responded she believes that it is just barely in it. They may have allowed this to
continue as an industrial use. Ms. Moermond explained to the applicant that there is a real possibility
that the property would be rezoned from Il—industrial land—to a new zoning classification called
TN—traditional neighborhoods. That new classification is where auto related land uses are not
allowed. Metric Service Center would be a nonconforming use; however, the owner could still
operate there for the life of his business, but the next business would not necessarily have that
latitude.
Mr. Hawkins said that he will get in touch with Planning and Economic Development and find out
what properties will be rezoned.
Ms. Moermond recommends the City Council approve the license with the 16 conditions
recommended by LIEP.
The hearing was adjourned at 11:40 a.m.
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