07-05Council File # D -O'�
Green Sheet # 3035633
RESOLUTION
Presented by
OF SAINT PAUL, MINNESOTA �
�i
WHEREAS, the Legislative Hearing Officer recommends that a request for a(ID #20060003581) Second Hand
Dealer - Motor Vehicle, Second Hand Dealer - Motor Vehicle Parts and Auto Repair Garage licenses for
Jerry Castillo, doing business as Amigos Auto Center and Sales at 1445 Arcade Street, be approved with the
following conditions:
1. The number of vehicles displayed "for sale" outdoors sha11 not exceed eleven (11); all display vehicies on the
site must be pazked as shown on the approved site plan on file in LIEP, dated 12/19/06. (Any changes to the site
plan must be approved by the Zoning Administrator.)
2. The required parking spaces for employees and customers are eight (8); there are eight (8) spaces marked for
customer and empioyee use. All vehicles on the site must be pazked as shown on the approved site plan on file
in LIEP, dated 12119/O6. (Any changes to the site plan must be approved by the Zoning Administrator.)
3. Customer, employee or sale 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. All display vehicles on the site must be
puked as shown on the approved site plan on file in LIEP, dated 12119f06. (Any changes to the site plan must
be approved by the Zoning Administrator.)
4. There shall be no exteriar storage of vehicle parts, tires, oil or any other similar materials associated with the
business. Trash will be stored in a covered dumpster
5. The license holder agrees to maintain the fencing, vehicie 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 repair and auto body spray palnting aze not permitted.
9. 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.
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.
ll. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed
forward as stipulated on the approved site plan.
12. Licensee must comply with all federal, state and local laws.
o�-oS
13. Storage of vehicle fluids, batteries, etc., shall be in accordance with Ramsey County Hazazdous Waste
Regulations.
14. The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of Minnesota
Dealer Number is submitted to LIEP upon issuance by the State of Minnesota Dealer Unit.
15. The buffer azea along the western boundary of the property shall be landscaped with shrubs, grass, and
properly maintained.
16. All tires must be brought inside the building at night. Outdoor display of tires on the lot is permitted during
business hours only and is limited to a maximum of thirty (30) tires.
17. The outdoor tire display azea on the lot is restricted to against the east building wall that is on either side of
the northern most repair bay entry door.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application.
Yeas
Bena
Bostrom
Hanis
Helge
Lantry
Montgomery
Thune
✓
Nays � Absent
�
Requested by Department of:
�
Form Approved by City Attomey
�
Adopted by Council: Date
Adoption Certified by Council Secretary
$Y� // //./�i,s �//.i.fSdv,
Approved by Mayor: Date 1 � o
�
Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
co ��
CoMact Person 8 Phone:
Marcia Mcemrond
266-8570
Doc. Type: RESOLUTION
E-Document Required: Y
Document CoMact: Jean Birkholz
CoMaM Phone: 266-8673
22 DEG-06
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AsSign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3035633
0 oaPCil i
1 ouocil Department DireMOr
2 'h Clerk I
3 I
4
5
Approving the applicarion with condifions, per the Legislarive Hearing Officer, for Second Hand Dealer - Motor Vehicle, Second
Hand Dealer - Motor Vehicle Parts and Auto Repair Gazage licenses by 7erry Castillo, d/b/a Amigos Auto Center and Sales, 1445
Arcade Street.
itla�ons: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked u�der a contract for this department?
Yes No
2. Has this person�rm ever been a cily employee?
Yes No
3. Does ihis personlfirm possess a skdl frot normally possessed by any
cuvent ciry 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):
AdvanWges If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
7rensaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
December 22, 2006 2:44 PM Page 1
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� �'V �
MINUTES OF THE LICENSE HEARING ��
• Amigos Auto Center and Sales at 1445 Arcade Street �
Tuesday, December 19, 2006, 2:30 p.m. �
330 Ciry Hall, 15 Kellogg Boulevard West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 2:33 p.m.
Staff Present: Jeffrey Fischbach, License, Inspecfions and Environmental Protection (LIEP); and
Jean Birkholz, Council Research.
Others Present: Jerry Castillo, business owner; Art Heutmaker, property owner; Leslie
McMurray, Payne-Phalen District 5 Planning Council; and Richard Kramer, Friends of Lake
Phalen
Amigos Auto Center and Sales: Auto Repair Garage, Second �Iand Dealer — Motor Vehicle and
Second hand Dealer — Motor Vehicle Parts Licenses
Ms. Moermond stated that these license applications are for Class N Licenses which require
neighborhood notification. She listed some Glass N type licenses: auto repair, music bars, things that
aze likely to affect the neighbors. The City received one letter of objection to the issuance of these
licenses which means that a Legislative Hearing is necessary. The letter was from District 6, but there
were no reasons listed as to the objections. Hopefully, someone here today will be able to list some of
those reasons. There are three (3) possible outcomes of this hearing: 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 Council 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. Moermond's recommendation will come to the City Council as a
resolution and it will appear on the Consent Agenda. Typically, the City Council will 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 appear on the City CounciPs Public Hearing Agenda. Then, the Council can either accept or reject
the findings / recommendations of the Administrative Law Judge.
Ms. Moermond asked the applicant, Mr. Jerry Castillo, if this was his first auto repair / auto sales
location. Mr. Castillo replied that it was. Ms. Moermond asked if he has been in this business for a
while. Mr. Castillo responded that he has worked as manager in tire shops in California and one in Saint
Paul, Budget Towing. He also worked for another gentleman on Arcade. This is his first business
ownership. Mr. Castillo wanted to clarify that the Second Hand Dealer -- Motor Vehicle Parts license if
far the sale of tires, only. Ms. Moermond asked what the hours of operation will be. Mr. Castillo
responded that the business will be open from 8 a.m. to 6 p.m., Monday through Friday; and 8 a.m. to 5
p.m. on Saturday. Ms. Moermond asked how many bays were in the building. Mr. CasUllo replied that
there are two (2). Ms. Moermond asked about employees. Mr. Castillo explained that he wiil be the
only one working there at the beginning. In the future, his wife will come in to help and also his teenage
daughters.
Jeffrey Fischbach, LIEP, provided the staff report. The Office of License, Inspections and
• Envirorunental Protection has recommended the following conditions for Amigos Auto Center and
Sales:
1. The number of vehicles displayed "for sale" outdoors shall not exceed eleven (11); all display
vehicles on the site must be pazked as shown on the approved site plan on file in LIEP, dated 11/03/06. •
(Any changes to the site plan must be approved by the Zoning Administrator.)
2. The required parking spaces for employees and customers aze eight (8); there aze eight (8) spaces
mazked for customer and employee use. AII vehicles on the site must be parked as shown on the
approved site plan on file in LIEP, dated 11/03/06. (Any changes to the site plan must be approved by
the Zoning Administrator.)
3. Customer, employee or sale vehicles shall not be parked or stored on the street or alley. This
includes cazs which have been repaired and aze awaiting pick-up by their owners. All display vehicles
on the site must be parked as shown on tha approved site plan on file in LIEP, dated ll/03/06. (Any
changes to the site plan must be approved by the Zoning Administrator.)
4. There sha11 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
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 parked outdoors must appear to be completely assembled with no major body parts
missing.
7. VehicIe satvage is not permitted.
8. Auto body repair and auto body spray painting aze not permitted.
9. 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.
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 property to a11ow vehicles entering and exiting the siTe to proceed
forwazd as stipulated on the approved site plan.
12. Licensee must comply with all federal, state and locallaws.
13. Storage of vehicle fluids, batteries, etc., shall be in accordance with Ramsey County Hazazdous
Waste Regulations.
14. The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of
Minnesota Dealer Number is submitted to LIEP upon issuance by the State of Minnesota Dealer Unit.
•
Ms. Moermond invited people to testify in opposition to these licenses.
Leslie McMurray, Executive Director, Payne Phalen District 5 Planning Council, provided testimony. •
She stated that the Community Planning and Ewnomic Development Committee met and reviewed the
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proposed conditions on the license. She also had a very nice conversation with Mr. Castillo in which he
• described his plans to display tires for sale at that location. The Community Planning and Economic
Development Committee objected in particulaz with that. The committee has worked hard to address
issues of auto-related businesses on undersized lots, which this lot is. Looking back at the record, it
appeazs that landscaping had been approved for the western edge of the site to create a buffer with the
surrounding residential community. The Special Condition Use Permit for K's Auto SalesBlong Kong
(Arthur Heutmaker, properiy owner), at this location, dated May 3�, 1995, specifies the following
condition:
The buffer azea along the western boundary of the property shall be landscaped with shrubs and
properly maintained.
That buffer does not exist, currently; and that condition seems to have been dropped. This is also a
concern. The community council does not want this buffer azea to be used to store cars or parts or
anything; it should be used only as a buffer. That site is a gateway to the whole City of Saint Paul,
entering from Maplewood. Any business at that site needs to reach a high standard to be a benefit to the
neighborhood and community. Maintenance of property up-keep is a particular concern.
Ms. Moermond reviewed the site plan approved by Jeff Hawkins on November 3, 2006.
Ms. Moermond asked staff if there was anything in this file to indicate that there's been a complaint on
the Conditional Use Permit. Mr. Fischbach replied that there were complaints for the previous owner
regarding the number of vehicles on the lot; and there was a complaint that the surface between the
residential property and the paved area in the back of the business was supposed to have grass, but
• because they pazk vehicles there, it is now dirt. It appears that at one time, the area between the westerly
property line and the 10 foot buffer had grass.
Ms. Moermond invited Mr. Art Heutmaker, property owner, to be part of the conversation. Regarding
the buffer, Mr. Heutmaker stated that some grass is still there. Last winter, he lost two (2) shrubs,
because of the snow and snow plowing. He added that he will plant new shrubs. He bought the
property in 1984 and ran it as a service station with repairs and gasoline. Later, he took out the tanks.
Tlu (3) years ago, he put on a new roof, installed two (2) new overhead doors, painted both inside and
outside, and put down asphalt. There is no dirt on the property at all. He said that he had been in
business on Arcade Street for 37 yeazs on the northeast corner of Maryland and Arcade; he still owns
that property, as well. He intends to take out the large windows on this property and replace them with
smaller, double paned windows. He also wants to replace the siding in the future, perhaps with brick.
He noted that he has installed large posts across the front and along Wheelock Parkway so that no one
can drive vehicles off the lot when the business is ciosed. He explained the he has installed two (2)
lights on the front of the building, one (1) light on the corner, one (1) security light in the back of the
building, and they rent a huge pair of lights that are up on the telephone pole.
Mr. Richazd Kramer, representing the Friends of Lake Phalen, addressed the hearing. Mr. Kramer's
concerns reiterated the Payne Phalen Planning Council's concerns: 1) making sure that there is a
required buffer between this property and the residential property to the west; 2) the outdoor display of
tires; 3) the number of vehicles that can be pazked on the property; and 4) the zoning change on this
property to T'N, which does not allow for outdoor sales except for produce.
• Ms. Moermond took a five (5) minute break to read through file documents relating to landscaping and
the display of tires.
Ms. Moermond asked Mr. Castillo if he has any plans to display or store tires outside his business •
building. Mr. Castillo explained that there will not be a massive tire display, only a couple of racks to
be pulled out of the building for display and when the business is closed for the day, the racks will be
brought back inside. He commented that he lives on the East Side and he, as �vetl as all East Siders want
to improve the East Side. He has noticed that there is a significant amount of economic struggle on the
East Side, especially single mothers, who can't always afford new tires. Not everyone can afford new
tires, so he plans to sell used tires.
Ms. Moermond reviewed the conditions that were placed on Mac Auto Center, 1007 Arcade Street,
regarding outdoor display or tires.
Ms. Moermond stated that come spring, she would Iike to see the buffer azea reseeded or resodded (a
shade mix). She asked if there would be any problem adding the condition that was placed on the
original SCUP:
The buffer azea along the western boundary of the properiy shall be landscaped with shrubs and
be properly maintained.
Mr. Castillo and Mr. Heutmaker said that would be fine. Ms. Moermond stated that she will add that
condition. Mr. Heutmaker will be expected to plant; and Mr. Castillo will be expected to maintain: 1)
making sure the grass lives; and 2) not use that area for vehicle or parts' storage.
Regarding the exterior storage of tires, Ms. Moermond suggested adding the following condition:
All tires must be brought inside the building at night. Outdoor display of tires on the lot is •
permitted during business hours only and is limited to a masimum of thirty (30) tires; one rack
on either side of the north bay entrance.
Ms. Moermond recommended approval of these licenses with the following conditions:
1. The number of vehicles displayed "for sale" outdoors shall not exceed eleven (11); all display
vehicles on the site must be parked as shown on the approved site plan on file in LIEP, dated 12/19/06.
(Any changes to the site plan must be approved by the Zoning Administrator.)
2. The requirec3 pazking spaces for employees and cusYomers are eight (S); there are eight (8) spaces
marked for customer and employee use. All vehicles on the site must be parked as shown on the
approved site plan on file in LIEP, dated 12/19/06. (Any changes to the site plan must be approved by
the Zoning Administrator.)
3. Customer, employee or sale vehicles shall not be pazked or stored on the street or alley. This
includes cazs which have been repaired and aze awaiting pick-up by their owners. All display vehicles
on the site must be parked as shown on the approved site plan on file in LIEP, dated 12/19/06. (Any
changes to the site plan must be approved by the Zoning Administrator.) ,
4. There shali 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
b?-6�
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 parked outdoors must appeaz to be completely assembled with no major body parts
missing.
7. Vehicle salvage is not permitted.
8. Auto body repair and auto body spray painting are not permitted.
9. 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.
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 property to allow vehicles entering and exiting the site to proceed
forward as stipulated on the approved site plan.
12. Licensee must comply with all federal, state and local laws.
13. Storage of vehicle fluids, batteries, etc., shall be in accordance with Ramsey County Hazardous
Waste Regulations.
• 14. The Second Hand Dealer Motor Vehicle License is issued on the condition that the State of
Minnesota Dealer Number is submitted to LIEP upon issuance b}� the State of Minnesota Dealer Unit.
15. The buffer area along the western boundary of the property shall be landscaped with shrubs, grass,
and be properly maintained.
16. All tires must be brought inside the building at night. Outdoor display of tires on the lot is
permitted during busines hours only and is limited to a masimum of thirty (30) tires.
17. The outdoor tire display area on the lot is restricted to against the east building waA that is on either
side of the northem most repair bay entry door.
The hearing was adjoumed at 3:30 p.m.
/jab
•