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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. �_ Crreen Sheet 200568 03 -��'1 Yeas Nays Absent Benanav � Blakey � Sosffom ,/ Coleman ,/ Hams ,� Lantry ,/ Reiter !/ � � Adopted by Council: Date �!�2q���_ � ��d3 ( 7 Adoption By: Approved By: Requested by Deparhnent of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council City Council Offices Marcia Moermond, 266-8560 ����,� Feb. lg 2003 '�`!'? �:T%�:1 �' '� . 1'� 3S TOTAL # OF SIGNATURE PAGES GREEN SHEET o¢.�ro.ECrae o�-a�� No 200568 [: . r'�.'�� ❑ tllYAiiORIEY ❑ tlIYCtFRK ��, ❑ rauxwtaFxNCUOn. ❑ w4wCUlauv��ecra ❑w,���,��, o (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 � WS�S�+c� ;'6:�JE;...t'Q^,5�, LA�S� � `� L1 v. .� ��� AMOUNT OF TRANSACTION COSTIREVENUEBUDGETED(GRCIEONE� AGTNRYNUMBER � YES NO INFORMATION (IXPWN) o� •z�'1 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. � O� -Z\'1 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. 03 -��'1 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. nn