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08-331Council File # LD `?)� ( Green Sheet # 3051453 RESOLUTION C�77 Presented by PAUL, MINNESOTA !� 1 Where the Legislative Hearing Officer recommends that the Auto Repair Garage License by Larry Anderson, 2 Regional Manager, Heartland Automotive Services, Inc., doing business as Jiffy Lube #788, located at 384 3 White Bear Avenue North, be approved with the following conditions: 4 5 1. 6 7 8 2. 9 10 3. ]1 I 2 4. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The required parking spaces for employees and customers is ten (10). There are ten (10) 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 DSI, dated 10/19/07. (Any changes to the site plan must be approved by the Zoning Administrator.); Customer and employee shall not be parked or stored on the street or alley. This includes vehicles that have been repaired and are awaiting pickup by their owners; The license holder agrees to maintain the fencing, vehicle location, and vehicle baniers in a manner consistent with the approved site plan; All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. Auto sales are not perrnitted. Vehicle salvage is not permitted. 5. 6. 7. Auto body repair and painting are not permitted. 8. 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. 9. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward as stipulated on the approved site plan. 10. No more than one (1) customedemployee vehicle may be parked ovemight for a period not to exceed ten (10) days. It shall be the responsibility of the licensee to ensure than any vehicle not claimed by its owner is removed from the lot as permitted by law. ] 1. Licensee must comply with all federal, state, and local laws. 12. Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Regulations. Therefore, be it resolved, that the Council of the City of Saint Paul approves this license application with the aforementioned conditions. Bostrom Requested by Department of: B Approved by the Office of Financial Services Stark Thune By: Approved by City Attomey U By: Adopted by Council: Date �� Approved by Mayor for Submission to Council Adoption Certified by Co�ncil Secretary By: B -, Approved ay . Date ` By � . � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �'��� co ����;� Contact Person & Phone: Nlarcia Moemwnd 266-8570 Must Be on Council Aaen Oac.Type: RESOLUTION E-DOCUment Required: Y DocumentContad: RacquelNaylor ConWCt Phone: 266-8573 26-MAR-08 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3051453 0 ouncil 1 oancil De ar4nentD'vector 2 ' Clerk 3 4 5 Approving the license application with conditions, per the Legislative Hearing Officer, for an Auto Repair Garage License by Heartland Automotive Services, Inc., dba Jiffy Lube #788, ]ocated a[ 384 VJhite Bear Avenue North. Planning Commission 1, Has this person/firm ever worked under a contrect for this department? CIB Committee Yes No Civil Service Commission 2. Has this person(firm ever 6een 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 separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages ff Approved: Disadvantages If Not Approvetl: TrensactiOn: Funding Source: Financial Informat�on: (Explain) Activity Number: CosVRevenoe Budgeted: March 26, 2008 832 AM Page 1 b���i�i� MINUTES OF THB LEGISLATIVE HEARING JIFFY LUBE #788 — 384 White Bear Avenue North Thursday, February 14, 2008 Room 330 City Hall/Courthouse, 15 Kellogg Boulevazd West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at I:35 p.m. STAFF PRESENT: Jeff Fischbach, Department of Safety and Inspections Mazcia Moermond explained that the owner has applied for a Class N license, which means the neighborhood is notified that the owner wants to operate a business of this type. Ms. Moermond will come up with one of three recommendations for the City Council to consider: 1) issue the license without conditions; 2) issue the license with conditions, and conditions cannot be forced on the applicant at this juncture; 3) refer the matter to an Administrative Law Judge if Ms. Moermond feels there are conditions that Ms. Moermond feels are necessary to make this workable and the owner is not agreeable to them ar if there is no way this would be a workable situation. Jeff Fischbach, Department of Safety and Inspections (DSI), repofted that they are here for an Auto Repair Garage license application for 384 White Beaz Avenue North, Heartland Automotive Services, doing business as Jiffy Lube #788, Larry Anderson, Regional Manager. There has been a conditional use permit for this type of operation since the late 1980's allowing just a Jiffy Lube type service. Periodically they come across businesses that never had a license for one reasan or another. The only license they have that fits this business is an auto repair garage license. This was approved by the City's Planning Commission for only auto specialty, which would be the type of services they have. The specific services they are allowing are oil changes, fluid changes. DSI recommends 13 standard conditions. No correspondence was received from the neighborhood organization. Fire has approved this. License has approved it with conditions. Zoning has approved it with conditions. DSI recommends approval with conditions. Mr. Fischbach does not believe the other location was licensed: 2379 Seventh Street. Ms. Moermond asked how long they had an oil operation there. Larry Anderson, Regional Manager, appeared and stated that is the only thing they have operated there. He doesn't know how long they have been there. Ms. Moermond asked the hours. Mr. Anderson responded they are open Monday through Friday, 7:�� to '7:Q�; Saturday, 8:�� to S:QO; and Sunday, 4:0� to 5:00. Ms. Moermond asked is this a typical Jiffy Lube. Mr. Anderson responded that they do all the same services in Minneapolis and Saint Paul. They are only allowed to do certain serviced by their franchise agreement--preventive maintenance--or their franchise MINUTES OF THE LEGISLATIVE HEARING, Jiffy Lube #788 Page 2 bg �33I agreement would be terminated. Mr. Fischbach added that is the zoning requirement also. If they move outside the scope of their service, they would have to go back to the Planning Commission for a new conditional use permit. That would require a public hearing and notification to neighbors. Ms. Moermond asked how they distinguish between repairs and preventative maintenance. Mr. Anderson responded they have a menu of items they can offer to consumers. Preventative Maintenance is anything to do with changing fluids, changing belts, and tire rotation. Their technicians are not certified to do brakes, and diagnose problems with vehicles. Their goal is to get a customer in and out within ten minutes. The general Jiffy Lube customer does not drop off their vehicle; they are sitting in the lounge waiting for their vehicle to be processed. Matt Starr, 7012 East Fish Lake Road, Maple Grove, owner of Subway Franchise next to Jiffy Lube, appeared and stated they share ingress and egress. He has no problem with the use as is. They are good neighbors. His concerns are some of the conditions are a little broader than he would like. They both are on less land than they should be. Overnight parking is Mr. Starr's main concern. Ms. Moermond responded that the license is not transferable, People have to get their own license. Mr. Fischbach responded that they require a license so that a new person has the understanding to come to the City to get a new license. Mr. Starr stated he wants to be comfortable that the use does not change. Item 10 should be modified to a period less than ten days. Also, he would like a limit of no more than three cars and three days. Space, visibility, and security are his reasons. They are open late at night. Cars are a magnet for kids. Mr. Fischbach responded that the conditional use permit ariginally allowed 18 parking, and it is has been reduced to ten already. That includes stacked parking, which are vehicles waiting for repair. Mr. Starr responded he is only talking about overnight parking. Ten days seems too long. Mr. Fischbach stated that under the zoning code, storage starts after five days. Exterior storage is not permitted. They will grant ten days to this rype of a license. Ms. Moermond asked can he comfortably operate the business with 3 cazs and 3 days. Mr. Anderson responded there would only be 2 reasons why a car would be there: 1) a customer's car broke down and it has nothing to do with Jiffy Lube, 2) an employees car has broken do�vn. There would be no other reason to have a vehicle there overnight. If a car broke, asked Ms. Moermond, what is a reasonable amount of time for them to resolve this situation and get it moved off the Jiffy Lube property. They want to be conscious of the customer, responded Mr. Anderson. He would hate to be in a position to be rude to the customer and tell them to get the cars off the lot. He can be more forceful with an employee than a customer. He would be good with one car in ten days. He does not want vehicles sitting on the lot because it does not do anything to their curb appeal. MINUTES OF THE LEGISLATIVE HEARING, Jiffy Lube #788 Page 3 O � � Mr. Anderson stated they run an early bird special. If they have 15 cazs stacked, they will overflow onto the neighbor's lot. Friday morning is the busiest days. They have two bays for oil changes. Mr. Fischbach added that the only issue would be if the cazs started overflowing onto the neighbor's proper[y. It would be the inspector's discretion. Mr. Fischbach stated that he is concerned about the enforcement of the condition and asked for clarification. Ms. Moermond stated they could modify Condition 10 for one vehicle up to ten days. If someone dumps their car there, there should be a certain time period to deal with that situation. It seems three days is reasonable. No more than one customer vehicle can be pazked overnight for a period not to exceed 10 days. Noncustomer vehicles parked overnight for 3 days. (There was discussion for several minutes about the wording of the conditions on the vehicles. Ms. Moermond explained what to do when a vehicle is dumped on the property.) Ms. Moermond stated she would recommend to the City Council that they approve this license application with the following conditions: 1. The required parking spaces for employees and customers is ten (10). There are ten (10) 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 DST, dated 10/19/07. (Any changes to the site plan must be approved by the Zoning Administrator.) 2. Customer and employee shall not be parked or stored on the street or alley. This includes vehicles that have been repaired and are awaiting pickup by their owners. 3. The license holder agrees to maintain the fencing, vehicle location, and vehicle barriers in a manner consistent with the approved site plan. 4. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 5. Auto sales are not permitted. 6. Vehicle salvage is not permitted. 7. Auto body repair and painting aze not permitted. 8. 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. 9. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward as stipulated on the approved site plan. 10. No more than one (1) customerlemployee vehicle may be parked overnight for a period not to exceed ten (10) days. It shall be the responsibility of the licensee to ensure than any vehicle not claimed by its owner is removed from the lot as permitted by law. I 1. Licensee must comply with all federal, state, and local laws. 12. Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Regulations. The hearing was adjourned at 2:13 p.m. rrn