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06-1014Council File # �)6 - /D/- 1 Green Sheet # 3034038 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 9 Presented by WI�EREAS, the Legislative Hearing Officer recommends that a request for a(ID #20060001579) Auto Repair Garage License for Miguel A. Carrillo-Sanchez, Carrillo Auto Repair, 100 Cottage Avenue West, be approved with the following conditions: 1. Hours of operation aze limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 2. Licensee must maintain eight (8) spaces for all customer and employee vehicles along the east side of the lot in the area designated on a LIEP approved site plan. 3. Vehicles may not be parked or stored in the driveway, street or pubiic right-of-way. 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. Storage of vehicle fluids, batteries, etc., sha11 be in accordance with the Ramsey County Hazardous Waste regulations. 5. Vehicles awaiting repair may not be parked or stored in the driveway, street or public right of way. 6. No auto 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. 7. Motor vehicie salvage is not permitted. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles pazked outdoors must appeaz to be completely assembled with no major body parts missing. Vehicle salvage is not permitted. 8. Auto body repair and auto body spray painting is not permitted. 9. Motor vehicle sales are not permitted. 10. Customer vehicles may not be parked longer than ten (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. 11. Provide maneuvering space on the properiy to allow vehicles entering and exiting the site to proceed forwazd. Backing from the street or onto the street is prohibited. 12. Licensee must comply wit�h all federal, state and locallaws. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. d� /o�.� Yeas � Nays � Absent Benanav Bosuom Harris Helgen Lantry v Montgomery � Thune � Adopted by Council: Date Adoption Certified by Council Secretary BY� ./f /G///a_/n,i/�ci/rr Approved by yo : D te r By: ti.- Requested by Department oE � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Council � � Greeq Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �b - �a/� co -co��u Contad Person 8 Phone: Marcia McertnorM 68570 Must Be on Council Agem 08-NOV-06 Doa Type: RESOUJTION E-DOCUmentRequired: Y DocumentContact- JeanBirkhdz Contact Phone: 68673 �-�T�� I Green Sheet NO: 3034038 � Deparlment SentTOPerson InitiaVDate 0 un Assign 1 uo ' De artmeot D'vect r Number Z For Routing 3 Order 4 5 Clerk (S erk Tofal # of Signature Pages �(Clip NI Locations for Signature) Action Requested: Approving the license application with conditions per the Legislative Hearing Officer for Auto Repair Garage License by Miguel A. Carrillo-Sanchez, owner, doing business as Carrillo Auto Repair, 100 Cottage Avenue West. idalions: Appro�e (A) or P Planning Commission CIB Committee CiHI Sen.ice Commission 1. Has this persoNfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persoNfimi possess a skill not nortnally possessed by arry cuRent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages NApproVed: Disadvanhg¢5 If AQproYed: DisadvanWges MNotApDroved: Transaction: Funding Source: Financial Information: (Explain) CosVRevenue Budgeted: Activity Number. October 27, 2006 3.•38 PM Page 1 0� /a�� MINUTES OF THE LICENSE HEARING Carrillo Auto Rapair and Dale Imports Inc, both at 100 Cottage Avenue West Tuesday, October 24, 2006, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevazd West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 2:04 p.m. Staff Present: Jeff Hawkins and Jeff Fischbach, License, Inspections and Environmental Protection (LIEP); and Jean Birkholz, Council Research. Others Present: Tom Gavin, Miguel Carrillo-Sanchez, a translator and Kerry Antrim, District 6 Planning Council. Carrillo Auto Repair: Auto Repair Garage License Dale Imports Inc: Second Hand Dealer Motor Vehicle, Auto Repair Garage and Auto Body Repair Shop License Ms. Moermond stated that these license applications aze for Class N Licenses which require neighborhood notification. The City received several letters of concern which means that a Legislative Heazing is necessary. The outcome of this hearing could be one of three things: 1) she could recommend to the City Council that they issue this license without any conditions; 2) recommend to the City Council that they issue this license with agreed upon conditions; or 3) recommend to the City Councii that they refer this matter to an Administrative Law Judge, which usually takes from four (4) to six (6) months. Ms. Moermond would use this option if she thinks that there's no way that this business is workable at this location or if she thinks that there are conditions that are absolutely necessary to make it workable that the applicants find unacceptable. Ms. Moerxnond's recommendation will come to the City Council as a resolution and it will appeaz on the Consent Agenda. Typically, the City Council wili not discuss this, unless they pull it off the Consent Agenda to send it to a judge. When it comes back from a judge, it will appeaz on the City Council's Public Hearing Agenda. Then, the Council can either accept or reject the findings / recommendations of the Administrative Law Judge. Jeff Hawkins, LIEP, provided the staff report for both licenses. Staff has recommended the following conditions for Carrillo Auto Repair: 1. Licensee must maintain eight (8) spaces for all customer and employee vehicles along the east side of the lot in the area designated on the LIEP approved site plan. 2. Vehicles may not be pazked or stored in the driveway, street or public right-of-way. 3. There sha11 be no exterior storage of vehicle parts, tires, oil or any other similaz materials associated with the business. Trash will be stored in a wvered dumpster. Storage of vehicle fluids, batteries, etc., shall be in accordance with the Ramsey County Hazardous Waste regulations. 4. Vehicles awaiting repair may not be parked or stored in the driveway, street or public right-of-way. 5. No auto repair of vehicles may occur on the exteriar of the lot or in the public right-of-way. All repair work must occur within an enclosed building. 6. Motor vehicle salvage is not permitted. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. Vehicle salvage is not permitted. 7. Auto body and auto body spray painting is not permitted. 8. Motar vehicle sales aze not permitted. a� /a�� 9. Customer vehicles may not be pazked longer than ten (10) days on the premises. It shall be the responsibility of the licensee to ensure that any vehicle not clanned by its owner is removed from the lot as permitted by law. 10. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forwazd. Backing from the street or onto the street is prohibited. 11. Licensee must comply with all federal, state and local laws. Staff has recommended the following condifions for Dale Imports Inc: 1. The number of vehicles for sale displayed outdoors (northwest corner of lot) may not exceed five (5). 2. All customer and employee vehicles must be pazked in the northeast corner of the lot, in the azea designated on the LIEP approved site plan. 3. Vehicles may not be pazked or stored in the driveway, street or public right-of-way. 4. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, etc. sha11 be in accordance with the Ramsey County Hazazdous Waste regulations. 5. Vehicles awaiting repair may not be pazked or stored in the driveway, street or public right-of-way. 6. Motor vehicle salvage is not permitted. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 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. All repair work must occur within an enclosed building. 8. Auto body spray painting is not permitted. 9. Customer vehicles may not be parked longer than ten (10) days on the premises. It sha11 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. 10. Provide maneuvering space on the property to allow vehicles entering and exit3ng the site to proceed forward. Backing from the street or onto the street is prohibited. 11. Licensee must comply with all federal, state and local laws. LIEP has approved a site plan after working with the applicant's for a number of months. Over the years the property has been developed piecemeal. Enforcement action was taken earlier this year after a complaint came in. The applicants have cooperated with the City in trying to bring everything above boazd. There are additional parking spaces available on the site that aze not required. There is an azea in the back that had been used as exterior storage. Now, there is an 8 ft x 40 ft storage trailer there that is used for storage and the garage thaYs at the SE corner of the lot is also used as storage. No other exterior storage is allowed because iYs within 300 feet of residential. Ms. Moermond asked who owns this parcel of land. Mr. Gavic answered that he did. He moved from his place on Como Avenue. He submitted his resume and photos of some of the buildings that he has owned in the past and also his building at 100 Cottage Avenue. He stated that he wants to have a good business and also have a place that looks good, too. Ms. Moermond asked how long it had been since Mr. Gavic moved to 100 Cottage Avenue. He responded that it had been about a yeaz, and since, his business is not as big as it used to be, he had extra space. So, he needed to rent out the extra space. ThaYs when he ran into Mr. Carrillo Sanchez, who with his partner had been doing business at another site without a license. Now, they want to do things legally and properly. They moved into the very back building in December 2005. That building did not work out for them. Since then, they have moved into the front building and the back building is used for storage. On June 15, 2006, Mr. Carrillo- 2 vb -ia,� Sanchez paid for his license fees. Mr. Gavic paid for his license fees in August, 2006. One of his business partners, Paul Eckman, will be taking caze of Dale Imports while Mr. Gavic is in Arizona. Ms. Moermond asked what precipitated the applications. Mr. Hawkins repiied that there was a complaint (May 15, 2005), so LIEP went out to investigate. The complaint was "three (3) to five (5) individuals working on cars and producing hazardous waste at the location without a license." Fire had also inspected; they had concerns about doing auto repair out of the back gazage. It didn't have a bathroom; it didn't have proper ventilation. At that tune, it was brought to the attention of Mr. Gavic that licenses were needed for the operations that were going on there. It was decided to go with two (2) sepazate licenses, even though they are at one (1) properiy. Fire has inspected for sepazation and ventilation issues and aze ready to give the Certificate of Occupancy once the licenses are approved and a final inspection is done. Mr. Gavic noted that he aiready has Certificate of Occupancy documents for both buildings. The final inspection was done a couple of weeks ago and the dues have been paid. Mr. Hawkins stated that the final site plan far this location was approved on September 13, 2006. If there are violations, they would be readily enforceable. Ms. Moermond asked what sort of drainage considerations came up in the site plan review. Mr. Hawkins stated that he tried to research the old site plans. There is a strip of sod along the west end. Mr. Gavic noted that at both the east and west ends of his property aze areas (about sixty (60) feet) that were designated for streets that never have gone through. The City still owns those areas. The one to the west is actually a swamp area, where everything drains into. Mr. Hawkins asked Mr. Gavic if there would be any business operation going on at Dale Imports, Inc., while he was in Arizona for three (3) months. Mr. Gavic replied that Paul Eckman would be continuing his business operation. Mr. Hawkins said that LIEP will need contact information for Mr. Eckman. Ms. Moermond asked Mr. Hawkins to explain the license requirements for a second person doing business there. Mr. Hawkins responded that Mr. Eckman would need to be listed as the manager/employee of Dale Imports, Inc. Returning to the discussion about drainage, Mr. Hawkins stated that when this site plan was originally approved in the 90s, it was done so with an administrative site plan review, not the same type of formal site plan review that is currenfly done. Nothing had been documented about whether this property all drains to the east and west or whether it drains onto the street to the north or if it drains back onto the railroad property behind. None of that information is available. Mr. Gavic noted that at that time, he was required to drain towazd the east and towazd the front of the street. At that time, he signed a waiver stating that he had no disagreements with improvements on that street. Ms. Moermond asked about Mr. Gavic's business. Mr. Gavic explained that he fixes up vehicles mainly from insurance auto auctions. He does mechanical work, body work and he also sells the vehicles. Most of his cazs are sold by word of mouth. Most of the trailers aze sold on ebay. Ms. Moermond asked Mr. Carillo-Sanchez about his business. Mr. Carrillo-Sanchez noted that they fix cars: brakes, water pumps, etc. Their hours aze from 8 a.m. to 6 p.m. Monday through Saturday. They have between three (3) to four (4) vehicles at a time on the site. Cazs usually are in the shop for three (3) days. o�-��� Ms. Moermond asked Mr. Gavic about his hours. Mr. Gavic explained that he doesn't come to work before 9 a.m. because of traffic. He may work until9 p.m. or maybe 3 p.m. Sometimes, he comes in on Sunday and listens to the ball game. No one even knows he's there. He owns sports cazs that he works on in his spaze time. Ms. Kerry Antrim, District 6 Planning Council, provided testimony. They were very concerned about how the site appeazed when they went out to look at it. They have no objection to Mr. Carrillo-Sanchez license. Regarding the license for Mr. Gavic, they would prefer that his hours of operation would be the same as for Mr. Carrillo-Sanchez. District 6 is also concerned that the cazs for sale aze clearly marked and the pazking spaces aze cleazly mazked. Also, that there are fewer cars for sale than there are cazs for repair. The district would also prefer that Mr. Gavic would limit the number of trailers on the lot. Mr. Hawkins explained that Mr. Gavic will usually not have any vehicles at all out in front; there may be one once in a while. The trailer sales will primarily be on the Internet; they will not be displayed on the lot. Mr. Hawkins asked if the trailers would be out in front waiting to be picked-up or in the back fenced-in area. Mr. Gavic noted that they had been out front waiting to be picked-up, but he can keep them in the fenced-in area in the back. Ms. Moermond returned to the discussion of hours of operation. She would like to provide some flexibility. Mr. Hawkins reminded everyone that whatever hours are set wi11 be the hours that will be enforced. Ms. Moermond noted that she will be comfortable with Carrillo Auto Repair opening at 7 a.m. and closing at 7 p.m. Monday through Saturday, with the understanding that their true hours of operation will be from 7:30 a.m. to 6 p.m. That will be the only extra condition put on the license for Carrillo Auto Repair. Mr. Hawkins asked how many were employed with Carrillo Auto Repair. Mr. Carrillo-Sanchez responded that there were two (2). Mr. Hawkins asked if they would like the license to be also written in Spanish. Mr. Carrillo-Sanchez responded that it would be appreciated. Ms. Moermond recommended approving the license for Carrillo Auto Repair with the conditions that LIEP recommended plus the following additional condition: The hours of operation will be from 7:00 a.m, to 7:00 p.m., Monday through Saturday. Mr. Moermond explained that Mr. Carrillo-Sanchez wili need to sign a new affidavit with the added condition; the old one will be discarded. Regarding the license for Dale Imports, Inc., Ms. Moermond recommended the license be approved with the conditions that LIEP recommended plus the following two (2) additional conditions: The hours of operation wiil be from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and all day Sunday. The bay doors will be closed from 7:00 p.m. to 7:00 a.m. The hearing was adjourned at 3:16 p.m. ljab 0