08-944Council File # ��— 9 �y
Green Sheet #_ �$��f�e/
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RESOLUTION
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1 WHEREAS, the Legislative Hearing Officer recommends that the application for (I.D. #20080001235)
2 Auto Repair Garage and Second Hand Dealer — Motor Vehicle Parts license for Amigos Tires Inc.,
3 doing business as Amigos Tires, 1309 University Avenue, be approved with the following conditions:
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Site access directly to a public street is provided with the installation of a curb cut and driveway onto
Syndicate Street to be installed by October 31, 2008. The new curb cut shall be constructed in
accordance with Cily standards and under a permit issued by the Saint Paul Public Works
Department.
9 2. The applicant submits a letter of credit or cash escrow in the amount of $3,000 to the City of Saint
10 Paul for installation of the curb cut and driveway.
11 3. The weekday auto repair use will be operated in accordance with the terms described in the
12 application and approved site plan, including that the hours of operation will be between 9:00 a.m.
13 and 7:00 p.m.
14 4. The business will be established and operated in compliance with all City codes and licensing
15 requirements.
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The applicant meets all other requirements for site plan approval by City staff.
The required parking spaces for employees and customers of the auto repair and tire sales operation is
nineteen (19); there are nineteen (19) spaces east of the building along the north side of the lot
marked for customer and employee use; all vehicles on the site must be parked as shown on the
approved site pJan on file in DSI dated 6102i08. (Any changes to the site plan must be approved by
the Zoning Administrator.)
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. All vehicles on the site
must be parked as shown on the approved site plan on file in DSI dated 6f02/�8. (Any changes to the
site plan must be approved by the Zoning Administrator.)
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.
The license holder agrees to maintain the fencing, vehicle location and vehicle barriers in a manner
consistent with the approved site plan_
10. All vehicles parked outdoors must appear to be completely assembled with no major body parts
missing.
I 1. Vehicle salvage is not permitted.
12. Auto body and painting are not permitted.
13. 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.
1�4. Customex 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.
I�. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed
forward as stipulated on the approved site plan.
16. Licensee must comply with all federal, state and local laws.
,_- � Green Sheet Green Sheet Green Sheet Green Sheet Greert Sheet Green Sheet �
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CO �9+�cSI
Contact Person & Phone:
Nhia Vang
26G8566
must ee on
27-AUG-08
Doc.Type: RESOLUTION
E-DOCUment Required: Y
Oocument Coatact: Jean Birkhok
19-AUGA8
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Assign
Number
For
Routing
Order
Contacf Phone: 2668673 I I
ToWI # of Signature Pages _(Clip All Locations for SignatUre)
Green Sheet NO: 3058424
0 onncil
1 onnci3 De arLmentlYirector
2 ity C1erk 6ty CSerk
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Approving the license application wi[h condi[ions, per the Legisiative Hearing Officer, for Auto Repair Garage and Second Hand
Dealer - Motor Vehicle Parts Licenses for Amigos Tires Inc., doing business as Amigos Tires, 1309 Universiry Avenue.
Planning Commission 7. Has this person/firm ever worked under a contract for this department?
CIB Commlttee Yes No
Civil Service Commission 2. Has ihis personlfirm ever heen a city employee?
Yes No
3. Does this person/firm possess a skill not nomtally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
AdvaMages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approvetl:
Transaction:
Funding Source:
F inancial Information:
(Explainj
Activity Number:
August 19, 2008 11:47 AM
CosURevenue Budgeted:
Page 1
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LICENSE HEARING MINUTES �v l�'Fy
==3vto�a$y, tvua, iu:v� a.m.
330 City Hall, 15 Kellogg Boulevard West
NhiaVang, Legislative Hearing Officer
The hearing was called to order at 10:04 a.m.
Staff Present: Reid Soley and Jeff Hawkins, Department of Safety and Inspections (DSI); and
Jean Sirkholz, Council Research
Others Present: Jerry Castillo, owner
Request for Licenses: Auto Repair Garage and Second Hand Dealer — Motor Vehicle
Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N
notification which means that the neighborhood gets notified and has a chance to voice its concerns. If
anyone has a concern, it automatically triggers a hearing. Other Class N Licenses include: auto sales,
tattoo pazlors, cabaret, etc.—things that have an immediate impact on the neighborhood. The City
received two (2) letters of concem regarding the issuance of these licenses. Ultimately, there are three
(3) possible outcomes from this heazing: 1) Ms. Vang may recommend to the City Council that they
issue these licenses without any conditions; 2) she may recommend to the City Council that they issue
these licenses with agreed upon conditions; or 3) she may recommend to the City Council that they not
issue these licenses but refer them to an administrative law judge for a further heazing and findings.
Ms. Vang will begin with a staff report. Staff wlll be asked to explain their review of Yhe application
and will also explain their recommendation. Then, she will ask the applicant to talk about the business
plan. Next, she will hear froin those who are here in support of the issuance of these licenses and those
with concerns about the issuance of these licenses; and, she will review the letters 1 emails that were sent
regarding this application.
Mr. Reid Soley, Department of Safety and Tnspections (DSI), reported that the reviews conducted by
Building, Environmental Health, Fire, Licensing and Zoning have either been approved or aze not
applicable. Existing conditions are as follows:
1. Site access directly to a public street is provided with the installation of a curb cut and driveway
onto Syndicate Street to be installed by October 31, 2008. The new curb cut shall be constructed
in accordance with City sYandasds and undei a permit issued by the SainY Paul Public Works
Department.
2. The applicant submits a letter of credit or cash escrow in the amount of $3,000 to the City of Saint
Paul for installation of the curb cut and driveway.
3. The weekday auto repair use will be operated in accordance with the terms described in the
application and approved site plan, including that the hours of operation will be between 9:00 a.m.
and 7:00 p.m.
4. The business will be established and operated in compliance with all City codes and licensing
requirements.
5. The applicant meets all other requirements for site plan approval by City staff.
6. The required parking spaces for employees and customers of the auto repair and tire sales
operation is nineteen (19); there aze nineteen (19) spaces east of the building along the north side
of the lot marked for customer and employee use; all vehicles on the site must be parked as shown
on the approved site plan on file in DSI dated 6/02/0$. (Any changes to the site plan n� t be �
approved by the Zoning Administrator. ____ _-----
--
— - --_�_
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-- �p�s�y���-i�at or s o�on t e street or alley. This includes
cars which have been repaired and are awaiting pick-up by their owners. All vehicles on the site
must be pazked as shown on the approved site plan on file in DSI dated 6/02/08. (Any changes to
the site plan must be approved by the Zoning Administrator.)
8. 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.
9. The license holder agrees to maintain the fencing, vehicle location and vehicle barsiers in a manner
consistent with the approved site plan.
10. All vehicles pazked outdoors must appeaz to be completely assembled with no major body parts
missing.
I 1. Vehicle salvage is not permitted.
12. Auto body and painting are not permitted.
13. 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.
14. Customer vehicles may not be parked longer than ten (10) days on the preanises. 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.
I5. Provide maneuvering space on the property to allaw vehicles entering and exiting tha site to
proceed forward as stipulated on the approved site plan.
16. Licensee must comply with all federal, state and local laws.
17. Storage of vehicle fluids, batteries, etc., shall be in accordance with Ramsey County Hazardous
Waste Regulations.
18. 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 license.
19. Vehicles associated with the outdoor market operation sha11 not be parked ar stared on the site
Monday through Friday.
Mr. Soley added that the Hamline Midway Coalition Land Use Advisory Group reviewed this
application and recommended an additional license condition:
There will be no test driving of vehicles on residential streets.
The Department of Safety and Inspections recommends approval with the exlsting conditions plus the
recommended additional condition by the Hamline Midway Coalition.
Mr. Jeff Hawkins, DSI, reported that Mr. Castillo has gone before the Planning Commission with two
(2) public hearings and has also gone through the site plan review process. The Planning Commission
put on about half of the listed conditions. Also, Mr. Castillo has an outdoor market at tbat same location
on weekends. Ms. Vang asked what he will be selling at the outdoor market. Mr. Castillo responded
that it will be a flea mazket (Amigos Flee Markei). Vendors will be selling new items of all kinds; no
food will be served. Ms. Vang asked if he operates his repair shop on the weekends. Mr. Castillo
answered that there are plans for approximately eighty (80) vendors. At this time, there aze none, so, he
is open on Saturday. Ms. Vang asked about the weekend flea market hours. Mr. Castillo responded that
the flea market hours are from 6:00 a.m. to 10:00 p.m. Mr. Hawkins read condition #3 of the Planning
Commission's resolution, 08-040632:
The weekday auto uses and weekend auto market will be operated in accordance with the
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terms described in the application and the approved site plan, and these terms inc d� t a�
tires will be stored inside the buildin when the bltsinessizrlASe.�z ------
. _ ,__ -- -----
`_� - a�=�t����pa�r. e�t���e=�s�ess�vi�t=iie a.m. an 7:00 pm.; and the
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hours of operation for the weekend flea mazket will be beriueen 8:00 a.m. and 8:00 p.m.,
including set-up and take-down time.
Mr. Hawkins noted that Mr. Castillo did not ask for weekend hours for his auto repair on his license
application. Mr. Castillo commented that the property is so big that if a small number of vendors were
there, it wouldn't interfere with the repair business. However, if the number of vendors would run
between 30 - 40, then he would close the repair business on Saturdays. Mr. Hawkins replied that if Mr.
Castillo wanted to have his auto repair business open on Saturdays, he would need to get a modification
of the conditional use permit from the Planning Commission. For auto repair and second hand motor
vehicle parts, it was described to the Planning Commission and approved by the Planning Commission
as a weekday operation, only. Mr. Castillo stated that in the beginning, he knew that the flea market was
going to take time to build, so he intended to be open on Saturday and he did make the Planning
Commission aware of that. Once the vendors come, he will close down on Saturday. Mr. Hawkins said
that if Mr. Castillo finds Yhat things may work bettex if done differently, now that he bas a little
experience, he can go back to the Planning Commission and ask for a modification of the conditional
use permit It can't be done administratively from zoning or at the license level. He added that if the
flea market isn't operating, he doesn't think it would be an enforcement liability if he was open.
Ms. Vang asked about Mr. Castillo's business plans. Mr. Castillo responded that this is his second
business project. His other location is on Arcade Street. His goal is to be in the Midway area because
there are a lot of low income families there and his business will be able to provide for that community.
He will be able to give them a product and service that will meet their badgets. Amigos is known as the
home of the $25 tire. He intends to be there long term. He feels that he can provide a positive business
for the community. This is a bigger site than the one on Arcade and he wants to be able to manage it
better. Ms. Vang asked about his staff. Mr. Castillo said that it's a family business.
Ms. Vang asked if they stare any of the repair cars in the parking spaces on the site plan. Mr. Castillo
replied that the majority of cars are in and out unless the repair is goittg to take a few days. Then, they
are stored outside; they can also be store indoors. Ms. Vang asked about cameras. Mr. Castilio
responded that he doesn't have cameras yet, but he will have them soon.
Mr. Hawkins noted that the applicant has agreed to make modifications to the site plan. One of which is
the installation of a curb cut and driveway onto Syndicate Street by October 31, 2008.
Ms. V ang read the email of concern (Mr. Soley had already read the letter from the Hamline Midway
Coalition). It did not specifically apply to this business.
Ms. Vang asked Mr. Castillo how he intends to handle the condition suggested by the Hamline Midway
Coalition. Mr. Castillo responded that the properry is over an acre in size and when they need to test
drive, they can do it on the property. Mr. 5oley added that he can also test drive on University Avenue,
since iY s not a residential street. She also asked if there is a fence at the back of the property. Mr.
Castillo replied that there was. Mr. Hawkins stated that Mr. Castillo does not do full auto repair, so, test
driving is not needed as much.
Ms. Vang will recommend approval with the DSI conditions, plus the following condition recommended
by the Hamline Midway Coalition:
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There will be no test driving of vehicles on residential streets.
The hearing was adjourned at 1028 a.m.
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18. 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 license.
14. Vehicles associated with the outdoor market operation shall not be pazked or stored on the site
Monday through Friday.
20. There will be no test driving of vehicles on residential streets.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
Application.
Adoption Certified by Co �cil Secretary
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Approve y a� : Date J
By:
Requested by Department of:
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Counci]
By:
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