03-217Council File # ���
Green Sheet # 200568
RESOLUTION
OF S�1T PAUL, MINNESOTA I�,
Presented
Referred To
Committee Date
WHEREAS, the Legislative Hearing Officer recommends that license application (ID # 20020006036) for a
Second Hand Dealer-Motor Vehicle License by Joshua S. Xiong and Pao Yang, DBA Midsnelling Auto Sales,
591 Snelling Avenue North, be approved with the following conditions:
1) The number of vehicles displayed for sale shall not exceed 19. Vehicles will be parked on the lot as
indicated on the approved site plan on file with LIEP {License, Inspections, Environmental Protection).
2) Provide four customerlemployee pazking spaces (one shall be designated and marked for handicap parking)
as indicated on an approved site plan on file with LIEP.
3) Provlde maneuvering space on the property to allow vehicles entering and exiting the site to proceed
forward. Backing from the a11ey or onto the a11ey from the property is forbidden.
4) There will be no exterior storage of inoperable vehicles and proof of registration must be on the premises
for all sales vehictes.
5) There will be no eaterior storage of vehicle parts, tires, oil, batteries, or similar items. All trash must be
stored in a covered dumpster.
6) All vehicles pazked outdoors on the lot must appear to be completely assembled with no major body parts
missing. Vehicle salvage or repair aze not permitted.
7} Vehicles intended for sale are prohibited from being parked on any street or projecting over a public right-
of-way.
8} All vehicles associated with this business must be displayed only on this lot.
9) Licenses must compiy with all federal, state, and local laws.
10) Provide bollards, curb stops, or decorative fencing between the lot and the right-of-way along Snelling
Avenue.
THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license
application with the recommended conditions.
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Crreen Sheet 200568
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Yeas Nays Absent
Benanav �
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Sosffom ,/
Coleman ,/
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Adopted by Council: Date �!�2q���_ � ��d3
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Adoption
By:
Approved
By:
Requested by Deparhnent of:
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Form Approved by City Attomey
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Approved by Mayor for Submission to Council
City Council Offices
Marcia Moermond, 266-8560
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Feb. lg 2003
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TOTAL # OF SIGNATURE PAGES
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(CUP ALL LOCATIONS FOR SIGNATURE)
Approving application with conditions for a Second Hand Dealer-Motor Vehicle License by
Joshua S. Xiong and Pao Yang, DBA Midsnelling Auto Sa1es, 591 Snelling Avenue North.
PLANNING COMMISSION
CIB COMMITfEE
CNIL SERVICE CAMMISSION
F7as tnis pe'sonlfitm everw«kea under a coMrnator thie deaaAmeM't
YES NO
Has Mis OersoNfirm ever been a oity empbyee7
YES NO
Ooes Uus persoM1m Doceess a stdU not nwmallyposseesed by any cument city empbyee?
YES NO
Is ttxs pe�so�Ufinn d ts�8�� vendoYt
YES NO
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AMOUNT OF TRANSACTION
COSTIREVENUEBUDGETED(GRCIEONE�
AGTNRYNUMBER
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YES NO
INFORMATION (IXPWN)
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MINUTES OF THE LEGISLATIVE HEARING
NID)SNELLING AUTO SALES - 541 Snelling Avenue North
Monday, Febn�ary 10, 2003
Room 330 Courthouse
Marcia Moermond, Legisiative Hearing Officer
The meeting was called to order at 10:01 hours.
STAFF PRESENT: Jeff Hawkins, License, Inspections, Environmental Protection (LIEP)
Mazcia Moermond explained this is a informal meeting to give the City Councii better
in£ormation about the license application. At this level, she would like to resoive any difFerences
and establish recommended conditions for the Council. This will go on the City Council agenda
for them to consider and adopt. The City Council can also refuse to accept her recommendation.
At this hearing, she will begin with a staff report, then she will hear objections to the application,
then she wi11 hear from the applicants themselves, and then engage in some discussion to see
what can be resolved with the concerns about the property.
Jeff Hawkins reported this is a license for Midsnelling Auto Sales located at 591 Snelling
Avenue North. The partners aze Joshua S. Xiong and Pao Yang. They have applied for a Second
Hand Dealer-Motor Vehicle License. This has been a lot since the 1970's. In 2001, ten
conditions were put on the licensee. Mr. Hawkins would like to transfer those onto this license.
The ten conditions are as follows:
1, The number of vehicles displayed for sale shall not exceed 19, vehicles will be parked on
the lot as indicated on the approved site plan, on file with LIEP.
2. Provide 4 customer/employee parking spaces (one shall be designated and marked for
Handicap parking) as indicated on an approved site plan, on fi1e with LIEP.
3. Provide maneuvering space on the properiy to allow vehicles entering and exiting the site to
proceed forward. Backing from the alley or on to the alley from the properiy is forbidden.
4. There will be no exterior storage of inoperable vehicles and proof of registration must be on
the premises for all sales vehicles.
5. There will be no exteriar storage of vehicle parts, tires, oil, batteries or similar items. All
trash must be stored in a covered dumpster.
6. All vehicles parked outdoors on the lot must appeaz to be completely assembled with no
major body parts missing. Vehicle salvage or repair are not allowed.
7. Vehicles intended for sale are prohibited from being parked on any street or projecting over
a public right-of-way.
8. All vehicles associated with this business must be displayed only on this lot.
9. Licensee must comply with a11 federal, state and locai laws.
10. Provide bollazds, curb stops or decorative fencing between the lot and the right-of-way
along Snelling.
Mr. Hawkins stated the only thing LIEP is waiting on is the date of birth and driver's license
number for Pao Yang. Also, they would like the applicants to sign the conditions for the files.
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MIDSNELLING AUTO SALES - LEGISLATIVE HEARING - Febniary 10, 2003 Page 2
The following appeazed: Joshua S. Xiong and Pao Yang, owner of Midsnelling Auto Sales.
Ms. Moermond asked have they seen the conditions and aze they okay with the conditions. Mr.
Xiong responded he has seen the conditions and he is okay with them.
David Gagne, Hamline Midway Coalition, 1564 Lafond Avenue, appeared and stated he has
done economic development. He is not here to object, but to note that he has talked to Pao Yang
and Joshua Xiong. They do agree with the conditions. The previous owners did not observe any
of these condifions. The new owners aze begim�ing to adjust to the conditions and making
changes. Mr. Gagne has talked to the surrounding businesses that voiced objections. They
agreed the conditions aze acceptable and addressed their concems. The main concern of the
businesses was the number of cars there. The two owners have begun towing those out. Many of
those were left by the prior owner. The new applicants are taking steps to reduce the cars down
to 19. Mr. Gagne also explained that there are not suppose to be any cars that are unsuitable on
the lot. The new owners agree that there is not going to be major auto repair going on, windows
being replaced, nor engines worked on. The District ll Planning Council would support the
license with the conditions added to it, and look forward to working with the two new owners of
the lot,
Terry Glanz, 1595 Thomas Avenue, appeared and stafed he noted in his objection letter that they
failed on every count of those stipulations. He has no problem with them being there as long as
they can correct what they are doing. It is a clean business, and they were doing some things that
were getting out of hand.
Ms. Moermond asked if he aware that this is a different group of owners. Mr. Glanz responded
he is awate.
Ms. Moermond asked if the concerns in his letter were addressed by the conditions recommended
by LIEP. Mr. Glanz responded the past owners failed to live up to that standard. The new
owners have scaled back on some stuf£ They have lived up to what they have to do.
Mr. Hawkins stated the new owner was not aware of the conditions originally. The old owner
just bailed out of the business. The new owner asked about the business after the complaints.
They said they understood and started work on it right away. Mr. Hawkins does not foresee any
problems. There were no problems with the previous owner.
Ms. Moermond asked did Mr. Gagne speak with McCarthy-Duce Sales. Mr. Gagner responded
he did. AI Duce is out of town; he does agree that the license with conditions is acceptabie to
him. Mr. Gagne wi11 get a flyer out to businesses and residences explaining the complaint
process, the citizen complaint line, and how to call LIEP in case there are ongoing problems.
(Note: Allen Duce, McCarthy-Duce Sa1e, wrote a letter of objecrion.)
Ms. Moermond stated the only other letter received is from James and Sazah Annett.
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MIDSNELLING AUTO SALES - LEGISLATIVE HEARING - February 10, 2003 Page 3
Ms. Moermond stated she will send a resolufion to the City Council recommending the license be
granted with the conditions recommended LIEP. That should come to the City Council in a few
weeks. The City Council has three options with every license application: 1) grant the
application without conditions, 2) grant the license with conditions, which have to be agreed up
by the licensee, 3) deny the license, which makes the case go to an Administrative Law Judge.
Ms. Moermond doubts the City Council will do anything different than her recommendation in
tlus case.
Ms. Moermond recommends granting the license application with the following conditions:
1. The number of vehicles displayed for sale shall not exceed 19, vehicles will be pazked on
the lot as indicated on the approved site plan, on file with LIEP.
2. Provide 4 customerlempioyee pazking spaces (one shall be designated and marked for
Handicap parking) as indicated on an approved site plan, on file with LIEP.
3. Provide maneuvering space on the property to allow vehicles entering and exiting the site to
proceed forward. Backing from the alley or on to the alley from the property is forbidden.
4. There will be no exterior storage of inoperable vehicles and proof of registration must be on
the premises for all sales vehicles.
5. There will be no exterior starage of vehicle parts, tires, oil, batteries or similar items. All
trash must be stored in a covered dumpster.
6. AIi vehicles pazked outdoors on the lot must appear to be completely assembled with no
majar body parts missing. Vehicle salvage, auto body repair, auto body painting and
general auto repair are not allowed.
7. Vehicles intended for sale are prohibited from being parked on any street or projecting over
a public right-of-way.
8. All vehicles associated with this business must be displayed only on this lot.
9. Licensee must comply with all federal, state and local laws.
10. Provide boilards, curb stops or decorative fencing between the lot and the right-of-way
along Snelling Avenue by May 1, 20Q3.
The meeting was adjourned at 10:14 a.m.
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