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03-1020Council File # ��- (Q� Green Sheet # 3007514 RESOLUTION CITY OF SAINT PAUL, MINNESOTA q Presented Referred To Committee Date WIIEREAS, the Legislative Hearing Officer recommends that license application (ID #20030003799) for a Second Hand Dealer - Motar Vehicle License by David Mwaura and Anthony G. Wanjiku, owners, A/D Autodealers, Inc., 131 Ivy Avenue West, be approved with the following conditions: 1. AJ1 vehicles for sale, customer and employee vehicles must be pazked in the azea designated on a LIEP approved site plan. 2. 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. 3. At no time shall vehicles be parked in the driveway or in the public right-of-way. 4. Cars for sale may not be pazked on the street or public right-of-way. 5. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 6. Vehicle salvage is not permitted. 7. General auto repair is not allowed. � 10. Auto body repau and auto body spray painfing is not allowed. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or onto the street is prohibited. Licensee must comply with all federal, state and local laws. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. � 03 ►�Zo Green Sheet3007514 � Benanav Bl akey Bostrom Coleman Harris Lanhy Rei£e�- Yeas � Absent si' Requested by Department of: � Form Approved by City Attomey �I </u6� I ✓ I 1 � � r Adopted by Council: Date /{�pp. ,✓�/, a/J1�3 Adoption Certified by Council Secretary By: Approved By: ✓ ✓ � Approved by Mayor for Submission to Council By: ;- :; , � � ��� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �a DeparimeM/�ce/council: Date Initiated: co �W�� O6-NOV-03 Green Sheet NO: 3007514 ConqCt Person & Phone• DePartrnent Sent To Person Initial/Date Marcia Mcertnond � 0 �..���� _ i 266-8560 p�iy� 1 ouncil De artneot Director Must Be on Council Agenda by (Date): Number Z i Clerk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the application with conditions, per the Legislarive Hearing Officer, for a Second Hand Dealer-Motor Vehicle License by David Mwaura and Anthony G. Wanjiku, owners, A/D Autodealers, Tnc., 131 Ivy Avenue West. Recommendations: Approve (A) or Rejed (R): Personal Service Contrects Must Answer the Following Questions: P{anning Commission 1. Has this persoNfirm ever worked under a contract for this depadmeni? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been 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 separate sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWqes If ApproVed: Disadvanfapes If Approved: Disadvanta9es If Not Approved: ' Total Amount of CastlRevenue Budgeted: Trensaction: Fundinq Source: Activity Number: Financiallnformation: (F�cplain) ,� 03-�0� MII�1(.JTES OF THE LEGISLATIVE HEARING A/D AUTODEALERS, INC. at 131 IVX AVENUE WEST Second Hand Dealer - Motor Vehicle License 10:00 a.m. - Tuesday, October 28, 2003 Room 330 Courthouse Marcia Moermond, L,egislative Hearing Officer The hearing was called to order at 10:00 a.m. STAFF PRESENT: Kris Schweinler and Jeff Hawkins, License, Inspections and Environmental Protection (LIEP); and Jean Birkholz, City Council. OTHERS PRESENT: David Mwaura, 757 St. Anthony Avenue, Saint Paul, MN 55104 and Anthony Wanjiku, 549 Kendall Drive, Hastings, MN 55033. Marcia Moermond introduced hersel£ She stated that she had received one letter expressing concern about the issuance of this license. She noted that there were ten (10) conditions listed by the Office of License, Inspecfions and Environmental Protection (LIEP). The ten (10) conditions are traditional for this type of license. Ms. Moermond will first ask for a staff report, then she will heaz from the applicants, and finally she will address the letters from the person with concerns. Then, she will make a recommendation to the City Council. This item will be on the City Council agenda Wednesday, November 12, 2003. Jeff Hawkins, a license inspector from LIEP, reported that LIEP has attached ten (10) conditions to this license, which are normal conditions appiied to all second hand vehicle dealers' licenses. The applicants have gone through the state process to be licensed, and had to do some improvements to the property. At this #ime, Zoning is recommending approval; LIEP is recommending approval upon Zoning; and Fire has approved it, pending a signature on the conditions. Ms. Moermond asked whether is was usual for LIEP and Zoning to include the words, "Pending final opening inspection." Mr. Hawkins replied that those words were used because of the state's requiring some changes to the building. Some additional exits and entrances that the state no longer accepts, needed to be removed. The business was also required to obtain their own street address. Ms. Moermond addressed the letter from Mr. James Pirkl which stated that this business had been operating before final approval. She questioned whether this was normal procedure. Mr. Hawkins responded that normally, the notification process takes thirty (30) to forty-five (45) days. At that time, LIEP informs applicants that they cannot operate until that time. This business moved in early because they were improving the building. Legally, people cannot operate a business before they get their license. Ms. Schweinler added that it is a regulaz thing for people to make application and then begin the operation, especially in used car sales because 03-�6Za LEGISLATTVE HEARING - A/D AUTODEALERS INC, 131 Ivy Avenue West Page 2 they get two (2) licenses. They get one (1) from the state, which they bring in to the city to sign- off on, then go back to the state, so sometimes the state license is issued before the city license. In this case, their state license has been issued. Mr. Hawkins noted that there are some problems on the lot/block of this business that will need to be addressed. It appears that there aze several abandoned cars on their pazking lot or on the adjacent property, but no complaints have been received about those cazs. Ms. Moermond asked the owners how many cars they expect to have on their lot. Dauid Mwaura responded that the lot is quite large, and he thinks they can put between thirty (30) and fifry (50) vehicies on the lot. At this moment they have fifteen (15) vehicles on the lot. Ms. Moermond asked the applicants if they were willing to agree to the conditions. They replied that they were. Ms. Moermond asked staff if there was a masimum number of cars that this business could have on the lot. Mr. Hawkins replied that there was not a maximum at this fime. Once he determines the other uses and problems on the lot and has an approved site plan, he will be able make that determination. Ms. Moermond explained that Mr. Pirkl's concern was primarily that the City wouldn't enforce the conditions about starting the business before the it had been approved by the City Council. But since the pracrice of opening a business before the license is officially approved because of the time lag between application and approval, it doesn't make any sense to hold up the business with more paper work. In this case, the applicants had already received their state license and had another business, which they moved to this site and thought that their license would transfer. Ms. Moermond noted that Mr. Pirkl is concerned that the City is not following the law. Perhaps he is not aware that he can phone in a complaint and an inspection will be done. Ms. Moermond asked what the site was used for previously. Mr. Hawkins replied that Diamond Cab had been there. Ms. Moermond recommends granting the license with the following conditions: l. All vehicles for sale, customer and employee vehicles must be pazked in the area designated on a LIEP approved site plan. 2. 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. 3. At no tnne shall vehicles be parked in the driveway or in the public right-of-way. 4. Cars for sale may not be pazked on the street or public right-of-way. 5. All vehicles pazked outdoors must appear to be completely assembled with no major body parts missing. 6. Vehicle salvage is not permitted. 7. General auto repair is not allowed. 8. Auto body repair and auto body spray painting is not allowed. b3-te� LEGISLATNE HEARING - A/D AUTODEALERS INC, 131 Ivy Avenue West Page 3 9. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or onto the street is prohibited. 10. Licensee must comply with all federal, state and local laws. The hearing was adjourned at 10:11 a.m. jab