03/14/94 Board of Public Works Minutes

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127 REGULAR MEETING MARCH 14, 1994 City. Most of these cars are high mileage rental cars. Mr. Van Gates further noted that he has observed 1993 models with over 40,000 miles. Expectations are high but the customer has no factory warranty at this mileage even though the car is a 1993. In the interest of a fair deal for the consumer and a fair sharing of the expenses of running the City, Mr. Van Gates asked that the Board consider not granting future sales permits to these people. Mr. Bill Gates indicated that considering all the support they have given to the City he would expect a little better deal from the City in this regard. Mr. Leszczynski inquired of Board Attorney Anne Bruneel what kind of latitude the Board has in this matter. Mr. Leszczynski noted that he agrees with Mr. Kapson and Mr. Gates but is unsure what discretion the Board has in this matter. Mrs. Bruneel stated that the Board can deny a transient merchants license when they have evidence that the applicant has been conducting fraudulent sales practices. However, in this particular matter, the Board does not have such evidence. Mrs. Bruneel noted that some suspicions exist but there is no evidence. confirming those suspicions. She also noted that the Board has not received any citizen complaints. As the ordinance is currently written, there are limited reasons to deny this license: The major reason for denial is fraudulent business practices. . Board Attorney Jenny Pitts Manier inquired if the applicant is required to provide any type of bond when they file their application. Mrs. Bruneel advised that no bond is required for this license. Mrs. Bruneel pointed out to members of the Board that the application contains the names and addresses of the officers of the corporation as well as the name and address of a contact person who will be available for at least sixty (60) days following the last date of business who will respond to consumer complaints. Mrs. Bruneel further noted that background checks are conducted of the applicant and that is the area where a basis for denial. would surface. In this case, the background check by the Police Department did not reveal any information that would be cause for denial. Mr. Leszczynski asked that Mrs. Bruneel review the appropriate ordinance and determine what could be amended to answer the concerns raised by Mr. Gates and Mr. Kapson. Mrs. Bruneel indicated to Board members that this ordinance is being reviewed for another reason at the present time and she would be happy to review the ordinance for this particular concern. Mr. Kapson stated that the City should define the ordinance and place a value on goods. He stated that when itinerant merchants conduct sales at such places as Century Center, it is Century Center that would mediate any problems that might arise. However, when a vacant lot is used there is no one for the citizens to deal with about any problems that have arisen. As Ms. Drybrough still was not in attendance, Mr. Caldwell made a motion that the Public Hearing and recommendation concerning this license be tabled until the next regular meeting of the Board to be held on March 21, 1994. Mrs. Manier seconded the motion which carried. PUBLIC HEARING AND APPROVAL OF TRANSIENT 'MERCHANTS LICENSE - ITZHAK ELHARAR Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the application for a Transient Merchants