07-515Suspension Item — June 6 2007
CITY
Presented by
RESOLUTION
SAINT PAUL, MINNESOTA
Council File # !��-$/
Green Sheet # 3Q40138
WHEREAS, the Legislative Hearing Officer recommends that a request for (ID #20070000478) Auto Body
Repair/Painting Shop and Second Hand Dealer—Motor Vehicle licenses for J& M Auto Inc., Mahmoud
Alsharif and Sandra Martinez, Owners, doing business as J& M Auto at 363 Atwater Street be approved with
the following conditions:
1. The number of vehicles for sale displayed outdoors may not exceed five (5) as shown on the approved site
plan on file in LIEP. Display vehicles shall be pazked in the azea as shown on the approved site plan.
2. All customer and employee vehicles must be pazked in the area designated on the LIEP approved site plan.
Bmployee vehicles may not be parked or stored in the alley. There should be five (5) parking spaces for
customers and empioyees. No more than a total of ten (10) vehicles (five (5) sale display and five (5)
customer/employee) may be parked outdoors on the site.
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. At no time shall vehicles be parked in the driveway or in the public right-of-way.
5. Cars for sale shall not be parked on the street or public right-of-way.
6. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing.
7. Vehicle salvage is not permitted.
8. 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.
9. Vehicles awaiting repair may not be parked or stored in the adjacent alley.
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
forward. Backing from the street or on to the street is prohibited.
12. Licensee must comply with all federal, state and local laws.
13. The licensee and property owner will endeavor to make property improvements in accordance with the Rice
Street design guidelines.
14. Licensee will be in compliance with all conditions prior to opening. A LIEP inspector will provide written
authorization to open when compliance is achieved.
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15. The license will be reviewed for compliance with these conditions every six (6) months. Failure to remain
in compliance will result in adverse action against the licensee.
16. Spray painting is pemutted weekdays from 7 AM to 4:30 PM and Saturdays from 7 AM until noon. There
will be no spray painting on Sunday.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application.
Yeas Nays Absent
Benanav �
Bostrom ✓
Hazris �
Helgen :✓
Lantry ✓
Montgomery ri
Thune �
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Adopted by Council: Date
Adoption Certified by Council Secretary
By: __ �
Approved by Mayor: Date �/� v �
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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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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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CO ��cil
Contact Person & Phone:
Marcia Mcermond
2668570
x�ust ne on councu wgenaa oy (uate)��
06JUtJ-07
Doc.Type: RESOLUTION
E-DocumeM Required: Y
Document Contact: Jean Birkholz
Contact Phone: 26E8673
24MAY-07
y
A55ign
Number
For
Routing
Order
Total # of Signature Pages _ iClip All Locations for Signature)
CostlRevenue Budgeted:
Approving the license application with conditions, per the I,egislative Hearing Officer, for Auto Body Repair/Painting Shop and
Second Hand Dealer-Motor Vehicle Licenses J& M Auto Inq doing business as J& M Auto, 363 Atwa[er Street.
�dations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this persoNfirm everworked under a coniract for this department7
CIB Committee Yes No
Civil Service Commission 2. Has this per5onffirm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
" I Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Green Sheet NO: 3040138
0 oancil
1 omcil De arm�ent Director
2 ' Clerk Cti G7erk
3
4
5
Activity Number:
COUn�il ReS��r�4t
May 24, 2007 3:34 PM Page 1
LICENSE HEARING MINUTES �� � ��" �
J& M Auto located at 363 Atwater Street
Thursday, May 10, 2007, 2:00 p.m.
330 City Hall, 15 Kellogg Boulevazd West
Marcia Moermond, Legislative Hearing D�cer
The hearing was called to order at 10:03 a.m.
Staff Present Jeff Fischbach and Jeff Hawkins, License, Inspections and Environmental
Protection (LIEP); and Jean Birkholz, Council Research
Others Present: Mahmoud Alsharif, business owner and property owner; and Kerry Antrim,
District 6 Planning Council
J& M Auto: Auto Body Repair/Painting Shop and Second Hand Dealer—Motor Vehicle licenses
Ms. Moermond stated that this license application is for a Class N License which requires neighborhood
notification. Other Class N Licenses include: entertainment, liquor, auto sales, etc.—things that have an
immediate impact on their neighbors. The City received one letter of concern to the issuance of this
license which means that a Legislative Heazing was necessary. There are three (3) possible outcomes to
this hearing. Ms. Moermond could: 1) recommend to the City Council that they grant this license
without any conditions; 2) recommend to the City Council that they grant 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 applicant finds unacceptable. Ms.
Moermond's recommendation will come to the City Council as a resolution and it will appear on the
Consent Agenda. .
Ms. Moermond will begin with a staff report. Staff will be asked to explain their review of the
application and will aiso explain their recommendation. Then, she will ask the applicant to talk about
the business plan. Next, she will hear from people who are here in support of the issuance of the license
and those with concerns about the issuance of the license. Then, she will talk about how to deal with
some of those concerns. Finally, Ms. Moermond will make a recommendation which will be presented
to the City Council.
Mr. Jeff Fischbach reported that staff has reviewed the application and reported that during the
application process, staff found that the site plan that had been originally approved was not accurate.
Some of the vehicles shown on the site plan were actaally on a neighboring property and there is a fence
that prohibits them from being parked at that location. Jeff Hawkins has re-drawn the site plan and a
copy of it is in front of the applicant. The license condition affidavit that Mr. Alsharif has signed to date
states that the number of vehicles for sale displayed outdoors may not exceed twelve (12) as shown on
the approved site plan on file in LIEP. Staff has modified that condition to read:
1. The number of vehicles for sale displayed outdoors may not exceed five (5) as shown on the
approved site plan on file in LIEP. Display vehicles shall be parked in the area as shown on the
approved site plan.
Condition #2 originally stated
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Ali customer and employee vehicles must be pazked in the azea designated on the LIEP approved
site plan. Employee vehicles may not be parked or stored in the alley. There should be five (�)
parking spaces for customers and employees.
Condition �'2 now states:
2. All customer and employee vehicles must be pazked in the area desi�ated on the LIEP approved site
plan. Employee vehicles may not be pazked or stored in the alley. There should be five (�) parking
spaces for customers and employees. No more than a total of ten (10) vehicles (five (�) sale display and
five (5) customer/employee) may be parked outdoors on the site.
The current license holder (J & K Auto Sales, Auto Body Inc., doing business as J& K Auto Sales, Auto
Body) at this location holds the same licenses as the applicant. Staff has received a recommendation
from the District 6 Planning Council: Approval subject to the following recommendations:
1. The owner will remove the bazbed wire from the property.
2. The application for the Second Hand Dealer—Motor Vehicle license be considered for
approval six (6) months after the opening date of the business.
Staff has discussed condition #1 with the City Attomey and it appeazs to not be enforceable from a City
standpoint. Staff has no objection regarding condition #2.
Mr. Fischbach added that Fire has approved this license; licensing has approved it with conditions; and
zoning has approved it with conditions. Both building and environmental health are not applicable.
The Office of License, Inspections and Environmental Protection (LIEP) recommends approval with
sixteen (16) conditions.
Ms. Moermond asked Mr. Alsharif if he currently does auto work. He responded that this is new to him.
He has some experience in management and he will hire auto body professionals to work the business.
Ms. Moermond asked Mr. Alsharif whether he was at the neighborhood meeting when their two (2)
conditions were discussed. He said that he was.
Ms. Jeff Hawkins, LIEP, reported that in 2004 these licenses were approved along with a site plan which
showed twelve (12) vehicles for display and five (5) for customer/employee and it had six (6) spaces at
the dumpster area. This didn't work from a practical standpoint: 1) the display azea/customer parking
were on another person's property, so the dimensions were incorrect; 2) the area near the dumpster got
to be an exterior storage problem. Also, with the limited width (34 feet), cazs need to be angle parked at
4> degrees. Mr. Hawkins is suggesting that the dumpster area remains free from vehicles so that when a
vehicle is backed out, it can back into the area next to the building and then pull forward out the gate
(Ciry ordinance states that you cannot back out onto the street). Mr. Alsharif said that he would like to
use the duxnpster area for employee parking only. Mr. Hawkins responded that he could possibly work
that space for two (2) cazs but he would really like to keep it free to prevent the clutter problem they
have had in the past. He suggested that if Mr. Alsharif would like to submit another site plan showing
his idea and showing the dumpster area, Mr. Hawkins would review it and make his recommendation
based on that. Mr. Alsharif said that his employees could use three (3) spaces. Ms. Moermond asked
Mr. Hawkins if three (3) spaces were possible. Mr. Hawkins responded that he would need a drawing to
scale to be able to make that determination. Mr. Hawkins asked if any of the azea was paved. Mr.
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Alsharif replied that it was not. Mr. Hawkins noted that the area must be paved in order to be used for
parking; then, there may also be landscaping involved, as well.
Ms. Moermond stated that right now, the way the site plan is laid out, there aze only ten (10) pazking
spaces. Mr. Alsharif will need to �o through a change in the site plan to get additional parking spaces.
What that means for this hearing is that Ms. Moermond may not want to specify the number of pazking
spaces as a condition on the license, knowing that the site plan might change. The condition could say
that he may have no more pazking spaces than aze specified in the site plan. Ms. Moermond went on to
say that she would prefer to specify both the employee/customer and display vehicles parking spaces in
the license as a condition. That lets everyone know what's expected. So, if Mr. Alsharif can get a new
site plan into LIEP quickly, it would be very helpful.
Ms. Moermond asked about the bazbed wire fencing on his properiy. Mr. Alsharif responded that the
barbed wire fence has been removed. He has cleaned the place up. He has filed eviction papers with the
courts to help remove the tenants who don't have the money to pay him. Mr. Hawkins asked if Mr.
Alsharif would have any trouble getting rid of the vehicles that do not belong to him. Mr. Alsharif said
that he is trying to be patience with his tenants. If they do not get rid of the vehicles, he will have them
towed. Mr. Hawkins said that the sooner the vehicles are gone, the better, because they will be
associated with Mr. AlshariPs business. Mr. Fischbach tried to pin down a date definite.
Ms. Moermond stated that the District 6 Planning Council suggested that Mr. Alshazif postpone getting
his Second Hand Dealer—Motor Vehicle License. Mr. Alsharif responded that most of his business will
be buying and selling cars so he needs that license now. He will be taking cars to auction dealers to sell;
also doing Internet sales. Mr. Hawkins added that even for Internet sales, the state requires display
vehicles.
Ms. Kerry Antrim, District 6 Planning Council, provided testimony. She reported that District 6 is very
happy to have this applicant in their neighborhood. He came with everyone to their Land Use
Committee meeting and went through their normal process; he did a wonderful job. The problems that
are still at the site are the previous' owners and District 6 is aware that these eviction proceedings make
take a little longer than they'd like. They have great faith in Mr. Alsharif's doing a great business and
that he will be a good neighbor. Ms. Antrim added that if there is going to be pazking along the side,
District 6 would like that to be paved. Anoiher concem is that there is proper ventilarion provided for
the spray painting fumes.
Mr. Hawkins asked Mr. Alsharif whether his principal business was going to be auto body to the public
or fixing up cars and selling them. Mr. Alsharif replied that they will be doing both about equally. Mr.
Hawkins asked whether he will be fixing up salvage titles or clear titles. Mr. Alsharif responded that he
will be fixing up both.
Ms. Moermond suggested that the license be approved with the conditions as they're written now,
including the specifics on the numbers of cazs and talk in terms of ten (10) cars, five (5) of which would
be employee/customer and five (5) for display; and go ahead and recommend issuance of the Second
Hand Dealer—Motor Vehicle License so that Mr. Alsharif can start selling at the same time. One of the
things that the district council is looking for is another way to get together to talk about this further
down the line if something's going wrong. If Mr. Alsharif needs to come back to get permission for a
change in the license conditions from one number of vehicles to another, District 6 would get a
notification and they would have a chance to talk about their concerns, if there are any.
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Ms. Moermond asked Ms. Antrim if she would communicate back to the Land Use Task Force the
discussion today regazding the Second Hand Motor Vehicle License so that they understand the concem
that arose. Ms. Antrim agreed that she would let them know that Mr. Alsharif needs that license now in
order to make a living.
Ms. Moermond approved the license with the following conditions:
l. The number of vehicles for sale displayed outdoors may not exceed five (5) as shown on the
approved site plan on file in LIEP. Display vehicles shall be pazked in the azea as shown on the
approved site plan.
2. All customer and employee vehicles must be parked in the azea designated on the LIEP approved site
plan. Employee vehicles may not be parked or stored in the alley. There should be five (5) pazking
spaces for customers and employees. No more than a total often (10) vehicles (five (5) sale display and
five (5) customer/employee) may be parked outdoors on the site.
3. 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 duxnpster.
4. At no time shall vehicles be pazked in the driveway or in the public right-of-way.
5. Cars for sale sha11 not be parked on the street or public right-of-way.
6. All vehicles parked outdoors must appeaz to be completely assembled with no major body parts
missing. -
7. Vehicle salvage is not permitted.
8. 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.
9. Vehicles awaiting repair may not be parked or stored in the adjacent alley.
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. Backing from the street or on to the street is prohibited.
12. Licensee must comply with a11 federal, state and local laws.
13. The licensee and property owner will endeavor to make property improvements in accordance with
the Rice Street design guidelines.
14. Licensee will be in compliance with a11 conditions prior to opening. A LIEP inspector will provide
written authorization to open when compliance is achieved.
D�-�/��
15. The license will be reviewed for compliance with these conditions every six (6) months. Failure to
remain in compliance will result in adverse action against the licensee.
16. Spray painting is permitted weekdays from 7 AM to 430 PM and Saturdays from 7 AM until noon.
There will be no spray painting on Sunday.
The hearing was adjourned at 2:57 p.m.
/jab