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09-306Council File # 09-306 Green Sheet# ��,�`7 ( � OF Presentea RESOLUTION PAUL, MINNES07A `7 1 WHEREAS, adverse action was taken against the Auto Repair Garage and Second Hand Dealer- 2 Motor Vehicle Parts licenses held by Amigos Tires, Inc. d/b/a Amigos Tires (License ID #20080001235) 3 for the premises located at 1309 University Avenue West in Saint Paul by Notice of Violation dated 4 February 9, 2009, alleging licensee was open for business on Saturday, January 1 Q 2009 in violation of his 5 Conditional Use Permit and violated license condition numbers #1 regarding no curb cut installed by 6 October 31, 2008, #14 regarding vehicles parked longer than ten (10) days and #8 regarding no exterior 7 storage; and 8 9 WHEREAS, licensee did respond to the Notice of Violation but chose not to contest the allegation, 10 request a public heazing or pay the $1,000.00 matriac penalty at this time; and 11 12 13 14 15 16 17 18 WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation, request a public hearing or pay the $1,000.00 matriz penalty by February 20, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that Amigos Tires, Inc. d/b/a Amigo Tires is ordered to pay a matrix penalty of $1,000.00 for violation to his Conditional Use Permit and license conditions #1, #14 and #8. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Requested by Deparhnent of: :� BY '�A E � � Fo oved by City Attomey By�r.�G.Q Ti� � Form App ved yor for S�b: ssion Council By: o,c S� � -- Adopflon Cerflfled by Co il Sectetary By: ' Approv by . Date 3 Z(D By: � Green Sheet Green 09-306 Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/Office/COUneil: Date Initiated: SI —Dept.ofSafety&Inspections os-�,R-o9 Green Sheet NO: 3067601 Contact Person & Phone: Departrnent Selrt To Person InRiaUDate I 0 t of Safetv & Ins ctions Rachel Tiemey 0 266-8710 1 eoesacen�a�ins eefio,ss � neoutm' enenQecbro I Assi n I --� Must Be on Council Agenda by (Date): Numher 3 , vo oH'ice Mavor/Assistant � 18-MAR-09 � For Routing < ��ri� 0 Doc. Type: RESOLUTION Order 5 itv Clerk Ci Clerk E-Document Required: Y Document Contact: �ulie Kraus � ContactPhone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Adion Requested: Approval of the attached resolurion fo take adverse acrion against the Aufo Repair Gazage and Second Hand Dealer - Motor Vehicle Parts licenses held by Amigo Tires, Inc. d/b/a Amigo Tires (License 20080001235) for fhe premises located at 1309 University Avenue West in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contrecfs Must Mswer the Following Questions: Planning Commission 1. Has this person�rm everworked under a conhact for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a ciry employee? Yes No 3. Does this person/firm possess a sloll not normally possessed by any current 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): Licensee was open for business on a Saturday in violafion of his Conditional Use Pennit and also violaced several license conditions (#1, #14 and #8). After notification, licensee did respond to fhe Norice of Violation but chose not to contest the allegafion, request a public hearing ox pay the $1,000.00 mafrix penalfy. AdvanWges If Approved: Impose $I,000.00 matrix penalty. Disadvantages HAppraved: Disadvantages If Not Approved: Total Amount of Trensaction: CosHRevenue BudgMed: Funding Source: Activity Number: Financial Information: (Expiain) March 6, 2009 2:42 PM Page 1 �9--��� OFFICE OF THE CITY ATTORNEY John J Choi, C�tyAttomey SwINT PAUL CITY OF SAINT PAUL CrvilDivision � Ch�stophe�B. Coleman, Mayor 400CityHall Telephone: 65126fr8710 l5 West Kellogg Blvd Facsimile: 65l 298-5619 AAAA SaintPaul, Minnesota 55J02 February 9, 2009 NOTICE OF VIOLATION Jerry Castillo Amigos Tires 1309 University Avenue West St. Paul, MN 55104 RE: Auto Repair Garage and Second Hand Dealer — Motor Vehicle Parts licenses held by Amigos Tires, Inc., d/b/a Amigos Tires for the premises located at 1309 University Avenue West in Saint Paul LicenseID #20080001235 Deaz Mr. Castillo: The Department of Safety and Inspections (DSI) has recommended adverse acfion against the Auto Repair Garage and Second Hand Dealer — Motor Vehicle Parts licenses held by Amigos Tires, Inc., d/b/a Amigos Tires for the premises located at 1309 University Avenue West in Saint Paul. The basis for this determination is as follows: An Inspector from DSI visited Amigo's Tires at 1309 University Avenue on January 10, 2009 and noted the following violations: You were open for business in violation of your Zoning Conditional Use Permit (CUP) #08-040-632 which states: "The business shall be restricted to operating only Monday — Friday and closed on Saturday and Sunday. " No curb cut installed in the northeast corner when license condition #1 required installation by October 31, 2008: "Site access directly to a public street is provided with the installation of a curb cut and driveway onto Syndicate Street, to be insta[led by October 3l, 2008. The new curb cut shall be constructed in accordance with Cify standards and under a permit issued by the St Paul Public Works Department " AA-ADA-EEO Employer D9-.��� Amigos Tires February 9, 2009 Page 2 The iuspector also noted there were four (4) cars in the lot with eapired license plates. The inspector spoke with one of your employees (Ivans Santiago) and told him that he could not be open for business on Saturday and that he must put all the tires displayed outside for sale inside the building and close the establishment. He also told your employee that all the vehicles parked in the lot with expired license plates needed to be removed and that vehicles cannot be parked longer than ten (10) days on the property. The inspector gave your employee a copy of a letter sent to you on December 16, 2008, explaining that the business cannot operate on Saturday and Sunday and restricting the hours of operation during the week. The inspector asked him to sign and date the letter, which he did. On January 22, 2009, the Inspector returned to your establishment to check for compliance and found the following violations: • The following vehicles were still parked in the lot from the last inspection on January 10, 2009 in violation of license condition #14: "Customer vehicles may not be parked longer than 10 days on the premises. It shall be the responsibility of the licensee to ensure that any vehicle not c[aimed by its owner is removed from the lol as permilled by [aw. " • A white fiberglass bathtub on the east side of the building that employees came out and moved while the inspector was on site in violation of license condition number 8: "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." • No curb cut installed in the northeast corner when license condition #1 required installation by October 31, 2008: "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 3l, 2008. The new curb cut shall be constructed in accordance with City standards and under a permit issued by the St. Paul Public Works Department. " AA-ADA-EEO Employer d9-3a� Amigos Tires February 9, 2009 Page 3 At this time, the inspector spoke to you and informed you that these were violations to your license conditions. He also told you that you were nof allowed to operate on Saturday and Sunday. Ae then asked you if you had received the letter he sent on December 16, 2008 about this issue and you stated that you had received the letter. The inspector also stated that it was your responsibility to remain in compliance with the license conditions and he was going to report back to his supervisor to determine whether or not to proceed with adverse action. Finally, the inspector asked you about tLe status of the curb cut required by license condition #1 and you stated you will be filing for a modification of the Conditional Use Permit to remove this condition and to permit operation on Saturdays. These violations are considered a second violation to the conditions of your license, so per Saint Paul Legislative Code §310.05 (m) (1) the licensing office will recommend a$1,000.00 matrix penalty. At this time, you have three options on how to proceed: You can pay the $1,000.00 matrix penalty. If this is your choice, you will need to send your payment to the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday, February 20, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $1,000.00 matrix penalty will be considered a waiver of the heazing to which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public heazing. We will need to receive your letter by Friday, February 20, 2009. The matter will then be scheduled before the City Council for a public heazing to determine whether to impose the $1,000.00 matrix penalty. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a heazing before an Administrative Law Judge. At that heazing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Friday, February 20, 2009, and I will take the necessary steps to schedule the administrative hearing. AA-ADA-EEO Employer �g �� Amigos Tires February 9, 2009 Page 4 If you have not contacted me by that date, I will assume that you do not contest the imposition of the $1,000.00 matrix penalty. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalTy. If you have questions about these options, please fee] free io contact me aY 2b6-8710. Sincerely, Z� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Jerry Castillo, 1621-7 Street East, St. Paul, MN 55106 Jun-Li Wang, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 AA-ADA-EEO Employer ���� CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM DATE: February 3, 2009 TO: Christine Rozek, DSI Deputy Director FROM: JeffFischbach, DSI Inspector III RE: 1309 University Avenue West The following is a description of my recent inspections regarding the above referenced location as it relates to the Auto Repair Gazage, and Second Hand Dealer — Motor Vehicle Parts licenses (ID #20080001235) held by Asnigo Tires Inc, doing business as Amigo Tires. Saturday, January 10, 2009, 9:20 a.m.: I inspected this location to determine if the business establishment was open for business. On the exterior of the premises I observed the following: � An einployee canying tires out of the building and setting them up to display for sale. • The following tires already set up and displayed for sale: 0 6 tire display racks (each having approximately 12-14 tires). 0 9 separate stacks of tires (each stack comprised of between 3 to 9 tires, or 36 tires total). • No curb cut installed in the northeast corner of the properry. • TY e following vehicles arked on the pro erry: Veh. Desc. Plate Number Tabs Month/Year 1 White Dodge PMT982 Aug / 08 2 Black Mercedes KSD693 Jun / 08 3 Silver Chevy XCW758 Sep / 09 (Note: vehicle had flat right front tire) 4 Silver Chevy LSA079 Oct / 08 5 Black Pontiac 222ALX Aug / 09 6 White GMC VXZ815 Se / 09 7 White Plymouth LRU774 Mar / 09 8 Black Dodge RXC344 Feb / 09 9 Red Ford VZE587 Dec / 08 10 Black Pontiac KNB570 Oct / 08 11 Red Chevy SRL912 Apr / 09 12 Green Ford VNM309 Jun / 09 13 Green Pontiac UEX708 Se / 09 14 Red GMC VCU449 Feb / 09 15 Green Cadillac 929ALY Nov / 09 16 White Oldsmobile HXR536 May (OS) / 08 (North Dakota Plate) I spoke with an employee named Ivans Santiago, told him he could not be open for business and that he must put all the tires cun-ently displayed outside for sale back inside the building and close the establishment. Further, I told him all of the vehicles with expired license plates must be removed from the properry, and that vehicles cannot be pazked for longer than 10 days on the property. I gave U9 3�� him a copy of a letter dated 16/2008, sent to Jerry Castillo (licensee lvch explained the business must be closed on Saturday and Sunday (I had the employee sign a copy of this letter, which he signed "Ivans"). I was there for approxunately another 15 minutes taking pictures, and the employee hadn't started putting the tires back inside the building. He stated having to wait for the manager to retum before putting the tires back inside the building. Thursday, January 22, 2009, 2:30 p.m.: I inspected this location to determine if vehicles referenced above with expired license plates had been removed from the property, and if vehicles had been parked on the property for longer than 10 days. I observed the following: • The following vehicles (referenced by number above) still pazked on the property: l, 2, 3 (Note, vehicle had a flat right front tire), 4, 5, 6, 7, 8, 9, and 11. • A white fiberglass bathtub on the east side of the building, which employees came out and moved while T was inspecting the property. • No curb cut installed in the northeast comer of the properry. I spoke with Jerry Castillo and informed him I was here to determine if the vehicles with expired license plates I had previously observed parked here on January 10, 2009, were sti11 on the property, and whether or not any vehicles have been parked on the property for longer than 10 days. I explained that vehicles parked on the property with expired tabs and/or for longer than 10 days are considered exterior storage. I told him these were violations of his license conditions. Further, that he cannot be open on weekends (which I had observed his business open on Saturday, January 10, 2009), and asked if he had received my letter dated 12/16/2008, informing him he cannot be open on Saturday andlor Sunday. Mr. Castilio acknowledged receiving my letter dated 12/16/2008, stated that he was no longer open on Saturdays, and that he had never been open on Sundays. Further, that the reason vehicles pazked on the property have expired tabs and/or are here for longer than 10 days is because of circumstances unique to the owner of each vehicle (e.g. cannot afford the repair, cannot afford to pay for repairs already made, owners cannot pickup, etc.). I restated there a��e conditions placed on his license (which he agreed to) that prohibit vehicles from being parked on the properry for longer than 10 days and/or parked on the properiy with expired plates (later we walked inside and looked at these conditions which are on his business license that was hanging in the window outside of his office). Further, that it is his responsibility to remain in compliance with these conditions, and to make the necessary arrangements to remain in compliance with these conditions. I explained that the vehicles referenced above aze in violation of his license conditions, and that they must be removed from the property. I told him I could not give him permission for the vehicles to remain parked here, that they needed to be removed from the properiy, and that I would be reporting back to my supervisor (Christine Rozek) who wouid make the determination as to whether or not to proceed with adverse action against his license because of these violations. Finally, I asked Mr. Castillo why the curb cut hadn't yet been installed in the northeast corner of the properiy. He stated he will be filing for a modification of his conditional use permit (CUP) to remove this condition (and to perxnit him to be open on Saturdays) within the neat week. Saturday, January 24, 2009, 12:40 p.m.: I inspected this location to determine if the business was open on a Saturday. I observed the doors locked, there was no activity, nobody answered the door when I knocked, and it appeazed the business was closed. I also the follawing vehicles (referenced by number above) parked on the properry: 2, 3, 4, 5, 6, 7, 8, 9, ll. dy--3o� CITY OF SAINT PAUL Christopher B Coleman, Mayor DEPARTMENT OF SAFETY AND INSPECTIONS Bob Kessler, Direclor WebSteAtldress www�stpaulgov/tlsi COMMERCE BUILDING Surte 200 e Fourfh Street Easf SantPau( Mmnesota 5510}-f024 I agree to the following conditlons being placed on the following license(s): License #: 20080001235 Type of Business: Auto Repair Garage Second Hand Dealer - Mofor Vehicle Parts Applied for by: AMIGOS TIRES INC Doing Business As AMIGOS TIRES at: 1309 UNIVERSITY AVE W ST PAUL MN 55104 Conditions are as follows: ielephone. /65f) 26b9090 FacvmJe (651) 266-9099 (651)266-9)24 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 standards and under a permit issued by the St Paul Public Works Dept. 2 The applicant submits a letter of credit or cash escrow in the amount of $3,000 to the City of Saint Paul tor installation of the curb cut and driveway. 3. The weekday auto repair use wil! be operated '+n accordance with the terms described in the application and approved site plan, inciuding 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 compiiance 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 are nineteen spaces east of the building along the north side of the lot marked for customer and empioyee use; all vehicles on the site must be parked 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). 7. 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. Ali vehicles on the site must be parked 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 similar materials associated with the business. Trash wili be stored in a covered dumpster. 9. 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. 11. 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 10 days on the premises. It shall be the responsibility of the licensee to ensure fhan any vehicle not claimed by its owner is removed from the lot as permitted by law. Oy��� CITY OF SAINT PAUL Christopher B. Coleman, Mayor DEPARTMENT OF SAFETY AND INSPECTIONS Bob Kessler, Dlredo� WebSteAtltlress' wrrxstpaul.gwltls COMMERCE BUILDING SuRe?AO 8 Fourth SFreet East Sarnt Pau( Mmnes�ta 3101402< TeleOhone (651i 2669090 Facsrmile: (651) 2669039 (651) 2669124 15. Provide maneuvering space on the propeRy to allow vehicles entering and exiting the si'ce 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 wiil be reviewed for compliance with these canditions 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 shall not be parked or stored on the site Monday through Friday. 20. There wiii be no test drivinq of vehicles on residential streets. ate �y �� C1TY OF SAIlV'I' PAUL ChristapherB. Coleman, Mayor �ecember 16, 2008 lmigos Tires Inc. erry Casrillo 309 University Avenue West , aint Paul, MN 55104 DEPARTMENT OF SAFETY AND INSPECT[ONS Bab Kerslv, Director 375 Jackson Strez1, Suiie 220 Telephone� 65l-266-9090 SaintPaul,�nnetota55l01-7806 Facr"vnile.� 651-266-9124 Web: wwwsfiaul.rov/dsi .E: 1309 University Avenue West - Amigos Tires Inq doing business as Amigos Tires, License ID#20080001235 Auto Repair Gazage, and Second Hand Dealer — Motor Vehicle Parts licenses �ear Mr. Casrillo, he above referenced City of Saint Paul licenses were issued subject to condtions placed on both the licenses, and �e Zoning Conditional Use Permit (CUP) #08-040632. These conditions include, but were not limited to the �llowing: 1 The business shall be resh to operating only Monday — Friday, and closed on Saturday and Sunday. 2 The business shall be resiricted to operating only during the hours of 9:00 a.m to 7:00 p.m. uring all other times of the week there shall be no acrivity taldug place on the properry associated with the �siness operaring under the above referenced licenses. Business activity could include, but may not necessarily be nited to the following: moving vehicles on the properiy, worldng on vehicles, loading and/or unloading 3 terials/supplies/equipmenbproduct, etc. e continue to receive complaints regarding people worldng on vehicles, and loading/unloading tires at the above `erenced locarion during hours and/or days of the week that aze outside those pern on both your business ense and CUP. Specifically, work is taldng place after 7:00 p.m, and on the weekend (i.e., Saturday and Sunday). closed are copies of the license condifion affidavit you signed (listing the conditions you agreed to operate your siness in accordance with), and the CUP (#08-040632). As you have previously been informed by this ?aztrnent, you mnst operate this business in compliance with the conditions placed on both your licenses d CUP at all times. �ou have any questions regarding this matter, you may contact Larry Zangs, DSI Project Facilitator, at 651-266- )9. Alternatively, I may be reached at 651-266-9106. icerely, frey Fischbach, I Project Facilitator Signed License Condirion Affidavit CUP #08-040632 Lazry Zangs, DSI Project Facilitator 7erry Castillo, Home Address� r i r f ` � % Y. � f L � u l � � ,e / _ ..j� \_� _/ � �� � ' ' .. P;- < < ^ c !7 ` ! ! �!��7p� �] - _r�l ' �•.�—.•� An Equal Opportunity Employer STATE OF MINNESOTF' O9~-3�6 ,�S- AFFIDAVIT OF SE._: ICE BY U S MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the 9'�' day of February, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as foIIows: Jerry Castillo Amigos Tires 1309 University Avenue West St. Pau1, MN 55104 Jerry Castillo I621-7` Street East St. Paul, MN 55106 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Paul, MN 55104-1832 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 1 � � ) Juli Kraus Subscribed and sworn to before me this 9`�' day of Februazy, 2009 ' _� �� � ,�d/� Notazy Public � RITA Y. B088AR0 wi�1NYPtBUC•Mr�sOTA MV COMMSSION EXPIRES JAN. 31, 201 0