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99-421ORIG�NAL L� � jl/y ouncil File # 1q �} �. � , �/1J/Cli�/i✓ Green Sheet # �� G3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To Committee: Date WI�REAS, Richard Diaz, d/b/a Rick Diaz Auto Services, ap d for an Auto Body Repair Shop License far the premises at 933 Atlantic Street; and W HEREAS, the Office of License, Inspections nvironmental Protection recommended denial of his license application becau Diaz did not comply with the Fire DepartmenYs requirements of an approved spray oth for issuing a license; and WHEREAS, by letter dated Marc , 1999 Mr. Diaz was aduised of the recommendation of deniai and afforded an opportunity request a heazing pursuant to Saint Paul Legislative Code §310.05 before an Adminis ive Law 3udge, but did not make such a request; and WHEREAS, Mr. D' has not complied with the necessary requirements far the Fire Deparhnent to issue ap val for an Auto Repair Shop License at 933 Atlantic Street; and WIIERE , such actions aze a basis for adverse action pursuant to Saint Paul Legislative Code §310.06 (3); now therefore, be it � 2 3 4 5 6 7 q9-�tal RESOLVED, that the application for an Auto Body Repair Shop License for the premises at 933 Atlantic is hereby denied. This Resolution and the acfion taken above are based upon the facts contained in the Notice of Violation dated March 2, 1999 and such arguments as may have been presented to the Council at the public hearing on this matter. Requested by Department of: Adopted by Council: Date Adoption Certi£ied by Council Secretaxy BY: Approved by Mayor: Date By: B ��,�., � � � Form Appro� City Attarney. By: l �r-L� � Approved by Mayor for Submission to Council Sy: 2TMENT/OFFICHCOUNqL DAiE INmATED � � ~ � � � LIEP 4/28/99 GREEN SHEET n►o 64037 Christine Rozek 12, 1999 — Public TOTAL # OF SIGNATURE PAGES ■ u �,.�.��,� � a,.� _ FOR ❑!JlVAiTOP1EY ❑CRYCLFRK ❑ w1v�a�smncFSdz ❑ sxu¢w.aamiaccrc ❑ rnraR(ort�as�sra+ry ❑ (CUP AL� LOCATIONS FOR SIGNATURE) Resolution concerning adverse action against the license application of Richaxd Diaz, Rick Diaz Auto Services, 933 Atlantic Street. (Uncontested) PIANNING COMMISSION qB COMMII7EE CIVIL SERVICE COMMISSION Has this perso�rm evervrorked under a coMract tw this department? YES NO Flas th"�s person/firtn ever been a cRy emPbY�? . .. YES NQ Dces this persoNfirm possess a sldll not nwmallypossessed by any current city employee7 YES NO Is this persoNfirtn a targetetl vendoR VES NO .e » �,a —. ,,, ;,�„'3 ;^i^:M:,i:.'... y,., ._, �9 ^'" ,� �» kY'�mr� 5 � ; � � ec� COST/REVENUE BUD6ETED (CIRCLE4N� YES NO SOURCE ACTNITYNUMBER INFORMATION (IXPWN) °Iq -y� I UNCONTESTED LICENSE HEARING Licensee Applicant: Richard Diaz d/b/a Rick Diaz Auto Services Address: 933 Atlantic Street Council Hearing Date: May 12, 1999 Violation: Failure to Comply with Fire Department Requirements for Paint Spraying Activities Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmentaf Protection: Denial of License Application Attachments: 1. Proposed resolution 2. Notice of Violation 3. February 5, 1999 letter from LIEP to license applicant 4. License information CITY OF SAINT PAUL Norm Coleman, Mayor Apri128, 1999 OFFICE OF THE CITY ATTORNEY Claytan M Ro6inson, Jr., Ciry Attomey � e' y � 1 CivilDiv'uion 400 City Ha!! Telephome: 657 266-8710 ISWestKelloggB(vd Facsimile:651298-5619 Saint Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Richard Diaz Rick Diaz Auto Services 933 Atlantic Street Saint Paul, Minnesota 55106 RE: License Application of Richard Diaz d/b/a Rick Diaz Auto Services for the premises located at 933 Atlantic Street in St. Paul License ID No. : 19980006800 Our File Number: G99-0096 Dear Mr. Diaz: .,'�ji. �.:.�'> �� ,.«.=r:�^ rt� � F� `��a ; ,� :, . ..:� Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 12, 1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing in that the facts contained in the Notice of Proposed Denial concerning the failure to comply with the orders of the Fire Department have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks. The recommendation of the license office will be for the denial of your license application. If you have any questions, please call me at 266-8710. Very truly yours, `� - �- �V ��r�1 � Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 OFFICE OF 7HE CITY ATTORNEY C(ayfon M Robmsox, Jr., Crry Anarney CITY OF SAINT PAUL Nornr CoTeman, Mayor Civt! Drvision 100 City� Ha!! I S West Kellogg Blvd. Sain�P¢ul, Minnesota 55I01 °l � -�l � ( l�e7ephone: 651 ?66-6Y0 Facsimi7e: 651 ?98-5619 March 2, 1999 NOTICE OF PROPOSED DENIAL Richard Diaz Rick Diaz Auto Services 933 Atlantic Street Saint Paul, Minnesota 55106 RE: license application of Richazd Diaz d/b/a Rick Diaz Auto Services for the properry located at 933 Atlantic St. in St. Paul License IA No.: 980006800 Dear Mr. Diaz: The Director of the Office of License, Inspections and Environmental Protection is recommending denial of your license application. The basis for the deniat is: The premises at 933 Atlantic Street do not have a certificate of occupancy. The Fire Department will not issue a certificate of occupancy for your business at this location uniess qou comply with the requirement of a spray booth for the paint spraying activities associated with your auto body repair business. Accordingly, the premises at which you have applied for a license are in violation of the fire and building codes and the Office of LIEP recommends denial of your license appiicafion, pursuant to §310.06(b)(3} of the Saint Paul Legislative Code. At this point you may wiYhdraw your license application or immediately come into compliance with the Fire Marshal's requirements for a spray booth ogeration as oudined in Mr. Zangs letter of Febniary 5, 1999. On the other hand, if you wish to dispute the above facts, you may request an adnunistrative hearing before an Administrative Law Judge. If you wish to have a hearing, you must let me know that in wrifing. I��iil then schedule the hearing and send you a notice with the time, date and place of the hearing, the name of the administrative law judge who will preside, and a brief description of the procedures to be followed. Pa�e 2 Rick Diaz Auto Services March 2, 1999 °��-�a� Please be on notice that }�our business location does not currently have a certificate of occupancy, nor do you have a license to operate an auto body repair business at this location, and you are not pertnitted to operate ��ithout such a license and certificate of occupancy. You must, therefore, unmediately cease all operations at this location. If you continue to operate evidence of that fact may be used in addition to other evidence to deny your license. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, ` �/ �*.tGi. � �/�a.Y.-u12 � Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Plauniug Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Bluff Center foz Civic Life, 281 Maria Ave., St. Paul, MN 55106 qq.��a1 STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 3, 1999, she served the attached NOTICE OF PROPOSED DENIAL on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Richard Diaz Rick Diaz Auto Services 933 Atlantic Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn Co before me this 3rd day of arCh, 1999. PETER P.PANGBORN PUBLIC-MINNESOTA 23otary Public ��-Wa� OFFICE OF UCENSE, INSPECTIONS AND ENVIRONMENTA[. PROTECTION Raben Kusler, Director SAtNT PAUL � AAAA CITY OF SAINT PAUL 657-266-9090 Norm Coleman, Maynr February 5, 1999 Richard Diaz Rick Diaz Auto Service 933 Atlantic Street Saint Paul MN 55106 LOWRYPROFESSIONALBUILDING Telephone: Suite 300 FacsFmile: 651-266-9099 350 St Peter Street 651-266-9724 Saint Paul, Minnesat¢ 55102-I510 RE: 933 Atlantic St. - License {D# 19980006800 for an auto body repair shop. Mr. Diaz: As you know from our conversation on February 3, 1999, the fire marshal's office has denied your license request. You have no approved faci{ities, in the space you rent, to accommodate paint spraying activities associated with your auto body repair business. You have the following options: Formally withdraw your license application. Such request must be in wsiting to this office. You are eligible for a refund of the application fee upon verification that you have vacated the premises and ceased ail business activities at this address. Comply with the fire marshal's requirements for a spray booth. You have until Wednesday, February,16, 1999 to pursuit either of the options above. After this date, this offi�ce wiil begin the administrative hearing process to deny your license request. You have the opportunity to appeal the Citys decision through this proceeding. If you have any questions, call Christine Rozek at 651/26Fr9108. q�-yat Lawrence R. Zangs Zoning Administrator cc: Chrisfine Rozek Phii Owens Sheri Wings Corrine Martens Kris Schweinler (Copy sent to Applicant's Home Address) 9°I�`+�� O Q x r W � C � e- y rn y U � � J � a � r � Q � C O :� � E L � C m N C d e� �.1 m a� � N N � � � N p� N C U � J � a N m � � � N @ O_ N F"' � N � c � m U O J j Q r�- �, �I ��I� IZ f� � i i� v N c9 0 � m E- � U F- a`�i ¢ � J � Q Q O M � � � U � W N O F- N = � ¢ m Z _ ❑ �U � N I � 0 0 Z � O = a � U C 3 O U � � m � n w y C � s � Z U O a U N � N C �I m� Zj TI C, O_I o� U! UI �% L �, N! CI d � E 7 Z N c o O � L � a� N O y � m ^ c 3 � m � � � O i � I � i M r � U F- g Q M M � 4- . � 0 oV Q a " O o a o �w � � c + �� N � Cd"OJ � � �+J � � ,�`o_y3n � � � T .� y0U � �� N(0� N N C N N j `^ UN,pU i =E� 3 °a�no -a d'•` � m o' Q �� V V Q �� N � aa�� $a° u� � �,.. U -a s��o= J t/� � m �°�� rn � � O � � � N NwNLJ�- � TYpE p�p;�`�1-W�`-�=-�'�--"`1�� DBA�� CF(DIAZA OSERVICES --�-- S[re - -- ------- - - -- - Stre Licerrse Licensee � Lic. Types � Insurence � Bond �� Requiremerrts � -- - ------- -- - --- - - -- - �e �icenseeName: CHARDDDIAZ - — -- ----- - --- -. .�= - Dire� OBA: CK DIAZ AUTO SERVICES _ -- -- - ------ - ` ---- - -.—°�`-, _ Unit Sales Tax I�t _923740_ - Non-Profit � Wnrker's Comp: . 0100l00�0 . =;?rflP��-- AA CoMrad Rec'd: 010010000_ : AA Training Rec'd OiD010000 ^ �� AA Fee Colleded: �NOrU00� . Discowrt Rec'd [- q O[her Aqenc Licenses Financial Holtl Reasons OthertieeruingAgencyNaroe7Lic�s,��Typ�,�Geense�'_Ezpir,elion Reason�- �ve � t U�I 8523: 9232� 9289 Bsckgrountl Check Required � 9649C License #�80006860 � Save Changes to Hislmy �. .y�� a�r�i`kies.:. � 994 933 . 997�933 . 999 933 � 995933 . ___. ___ ..__.. 997933. ;�Skart �ReachD Printscteen �G�ou�,� 6 ,��_ �ECLtP�� rs ECLIPS � licer�se` ps �` ° ,� �� ` ,�, �` ,�i,�. ��,.� .., �M� __°�' ;�t�+�� 1A8 4ddfE� Typt Stre Stre Stre Dire� Un�T Cdy:: cLicei� 8523`. 9232; 9289` 9649C � � �s � -;,=� �" �:;� e Licensee (ZICHARD D DIAZ —__ ____- _ _.__ ..__ Pap" Fina LM1t�m FSst S�unin' DBA IGt DIAZ AUTO SERVICES License � Licensee � Lic. Types � Insurance � Bond � RequiremeMs � ,� � Proper[y f Licensee � Unofficial � Projed Facildator. MARiENS, CORINNE � i Street #: 33 Adverse Action Commetrts i E Street Name: TLANTIC Street Type: ST � Diredion: C� Uni[ Ind: 6LDG v tlnit #: .� ' -- - -- -- - - - � - - - - - City: ST PAUL � Commerrts k2t18hJ9 Has not comptied wdh fire requ"vemerds -�to x� i Stffie: MN � Zip: 55'106: i�D fm form A, CSR� �, __� > � Ward: � ¢'';L' �a!7,,>e�;. E215199 Larry sending letterta licensee infarming him -_: I Dist Council: � [of options if he does not comply with fire marshall's � E ' Licensee: ICHARD D DIAZ_ ___ _. Comments: DBA: ICK DIAZ AUTO SERVICES - -- -�--- � - - - Sales Tax Id' 923740 Bus. Phone #: 651) 760-636f __ ' License # 980D08819 15515 ' Save Changes to History � °I°��y a 1 ORIG�NAL L� � jl/y ouncil File # 1q �} �. � , �/1J/Cli�/i✓ Green Sheet # �� G3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To Committee: Date WI�REAS, Richard Diaz, d/b/a Rick Diaz Auto Services, ap d for an Auto Body Repair Shop License far the premises at 933 Atlantic Street; and W HEREAS, the Office of License, Inspections nvironmental Protection recommended denial of his license application becau Diaz did not comply with the Fire DepartmenYs requirements of an approved spray oth for issuing a license; and WHEREAS, by letter dated Marc , 1999 Mr. Diaz was aduised of the recommendation of deniai and afforded an opportunity request a heazing pursuant to Saint Paul Legislative Code §310.05 before an Adminis ive Law 3udge, but did not make such a request; and WHEREAS, Mr. D' has not complied with the necessary requirements far the Fire Deparhnent to issue ap val for an Auto Repair Shop License at 933 Atlantic Street; and WIIERE , such actions aze a basis for adverse action pursuant to Saint Paul Legislative Code §310.06 (3); now therefore, be it � 2 3 4 5 6 7 q9-�tal RESOLVED, that the application for an Auto Body Repair Shop License for the premises at 933 Atlantic is hereby denied. This Resolution and the acfion taken above are based upon the facts contained in the Notice of Violation dated March 2, 1999 and such arguments as may have been presented to the Council at the public hearing on this matter. Requested by Department of: Adopted by Council: Date Adoption Certi£ied by Council Secretaxy BY: Approved by Mayor: Date By: B ��,�., � � � Form Appro� City Attarney. By: l �r-L� � Approved by Mayor for Submission to Council Sy: 2TMENT/OFFICHCOUNqL DAiE INmATED � � ~ � � � LIEP 4/28/99 GREEN SHEET n►o 64037 Christine Rozek 12, 1999 — Public TOTAL # OF SIGNATURE PAGES ■ u �,.�.��,� � a,.� _ FOR ❑!JlVAiTOP1EY ❑CRYCLFRK ❑ w1v�a�smncFSdz ❑ sxu¢w.aamiaccrc ❑ rnraR(ort�as�sra+ry ❑ (CUP AL� LOCATIONS FOR SIGNATURE) Resolution concerning adverse action against the license application of Richaxd Diaz, Rick Diaz Auto Services, 933 Atlantic Street. (Uncontested) PIANNING COMMISSION qB COMMII7EE CIVIL SERVICE COMMISSION Has this perso�rm evervrorked under a coMract tw this department? YES NO Flas th"�s person/firtn ever been a cRy emPbY�? . .. YES NQ Dces this persoNfirm possess a sldll not nwmallypossessed by any current city employee7 YES NO Is this persoNfirtn a targetetl vendoR VES NO .e » �,a —. ,,, ;,�„'3 ;^i^:M:,i:.'... y,., ._, �9 ^'" ,� �» kY'�mr� 5 � ; � � ec� COST/REVENUE BUD6ETED (CIRCLE4N� YES NO SOURCE ACTNITYNUMBER INFORMATION (IXPWN) °Iq -y� I UNCONTESTED LICENSE HEARING Licensee Applicant: Richard Diaz d/b/a Rick Diaz Auto Services Address: 933 Atlantic Street Council Hearing Date: May 12, 1999 Violation: Failure to Comply with Fire Department Requirements for Paint Spraying Activities Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmentaf Protection: Denial of License Application Attachments: 1. Proposed resolution 2. Notice of Violation 3. February 5, 1999 letter from LIEP to license applicant 4. License information CITY OF SAINT PAUL Norm Coleman, Mayor Apri128, 1999 OFFICE OF THE CITY ATTORNEY Claytan M Ro6inson, Jr., Ciry Attomey � e' y � 1 CivilDiv'uion 400 City Ha!! Telephome: 657 266-8710 ISWestKelloggB(vd Facsimile:651298-5619 Saint Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Richard Diaz Rick Diaz Auto Services 933 Atlantic Street Saint Paul, Minnesota 55106 RE: License Application of Richard Diaz d/b/a Rick Diaz Auto Services for the premises located at 933 Atlantic Street in St. Paul License ID No. : 19980006800 Our File Number: G99-0096 Dear Mr. Diaz: .,'�ji. �.:.�'> �� ,.«.=r:�^ rt� � F� `��a ; ,� :, . ..:� Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 12, 1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing in that the facts contained in the Notice of Proposed Denial concerning the failure to comply with the orders of the Fire Department have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks. The recommendation of the license office will be for the denial of your license application. If you have any questions, please call me at 266-8710. Very truly yours, `� - �- �V ��r�1 � Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 OFFICE OF 7HE CITY ATTORNEY C(ayfon M Robmsox, Jr., Crry Anarney CITY OF SAINT PAUL Nornr CoTeman, Mayor Civt! Drvision 100 City� Ha!! I S West Kellogg Blvd. Sain�P¢ul, Minnesota 55I01 °l � -�l � ( l�e7ephone: 651 ?66-6Y0 Facsimi7e: 651 ?98-5619 March 2, 1999 NOTICE OF PROPOSED DENIAL Richard Diaz Rick Diaz Auto Services 933 Atlantic Street Saint Paul, Minnesota 55106 RE: license application of Richazd Diaz d/b/a Rick Diaz Auto Services for the properry located at 933 Atlantic St. in St. Paul License IA No.: 980006800 Dear Mr. Diaz: The Director of the Office of License, Inspections and Environmental Protection is recommending denial of your license application. The basis for the deniat is: The premises at 933 Atlantic Street do not have a certificate of occupancy. The Fire Department will not issue a certificate of occupancy for your business at this location uniess qou comply with the requirement of a spray booth for the paint spraying activities associated with your auto body repair business. Accordingly, the premises at which you have applied for a license are in violation of the fire and building codes and the Office of LIEP recommends denial of your license appiicafion, pursuant to §310.06(b)(3} of the Saint Paul Legislative Code. At this point you may wiYhdraw your license application or immediately come into compliance with the Fire Marshal's requirements for a spray booth ogeration as oudined in Mr. Zangs letter of Febniary 5, 1999. On the other hand, if you wish to dispute the above facts, you may request an adnunistrative hearing before an Administrative Law Judge. If you wish to have a hearing, you must let me know that in wrifing. I��iil then schedule the hearing and send you a notice with the time, date and place of the hearing, the name of the administrative law judge who will preside, and a brief description of the procedures to be followed. Pa�e 2 Rick Diaz Auto Services March 2, 1999 °��-�a� Please be on notice that }�our business location does not currently have a certificate of occupancy, nor do you have a license to operate an auto body repair business at this location, and you are not pertnitted to operate ��ithout such a license and certificate of occupancy. You must, therefore, unmediately cease all operations at this location. If you continue to operate evidence of that fact may be used in addition to other evidence to deny your license. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, ` �/ �*.tGi. � �/�a.Y.-u12 � Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Plauniug Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Bluff Center foz Civic Life, 281 Maria Ave., St. Paul, MN 55106 qq.��a1 STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 3, 1999, she served the attached NOTICE OF PROPOSED DENIAL on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Richard Diaz Rick Diaz Auto Services 933 Atlantic Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn Co before me this 3rd day of arCh, 1999. PETER P.PANGBORN PUBLIC-MINNESOTA 23otary Public ��-Wa� OFFICE OF UCENSE, INSPECTIONS AND ENVIRONMENTA[. PROTECTION Raben Kusler, Director SAtNT PAUL � AAAA CITY OF SAINT PAUL 657-266-9090 Norm Coleman, Maynr February 5, 1999 Richard Diaz Rick Diaz Auto Service 933 Atlantic Street Saint Paul MN 55106 LOWRYPROFESSIONALBUILDING Telephone: Suite 300 FacsFmile: 651-266-9099 350 St Peter Street 651-266-9724 Saint Paul, Minnesat¢ 55102-I510 RE: 933 Atlantic St. - License {D# 19980006800 for an auto body repair shop. Mr. Diaz: As you know from our conversation on February 3, 1999, the fire marshal's office has denied your license request. You have no approved faci{ities, in the space you rent, to accommodate paint spraying activities associated with your auto body repair business. You have the following options: Formally withdraw your license application. Such request must be in wsiting to this office. You are eligible for a refund of the application fee upon verification that you have vacated the premises and ceased ail business activities at this address. Comply with the fire marshal's requirements for a spray booth. You have until Wednesday, February,16, 1999 to pursuit either of the options above. After this date, this offi�ce wiil begin the administrative hearing process to deny your license request. You have the opportunity to appeal the Citys decision through this proceeding. If you have any questions, call Christine Rozek at 651/26Fr9108. q�-yat Lawrence R. Zangs Zoning Administrator cc: Chrisfine Rozek Phii Owens Sheri Wings Corrine Martens Kris Schweinler (Copy sent to Applicant's Home Address) 9°I�`+�� O Q x r W � C � e- y rn y U � � J � a � r � Q � C O :� � E L � C m N C d e� �.1 m a� � N N � � � N p� N C U � J � a N m � � � N @ O_ N F"' � N � c � m U O J j Q r�- �, �I ��I� IZ f� � i i� v N c9 0 � m E- � U F- a`�i ¢ � J � Q Q O M � � � U � W N O F- N = � ¢ m Z _ ❑ �U � N I � 0 0 Z � O = a � U C 3 O U � � m � n w y C � s � Z U O a U N � N C �I m� Zj TI C, O_I o� U! UI �% L �, N! CI d � E 7 Z N c o O � L � a� N O y � m ^ c 3 � m � � � O i � I � i M r � U F- g Q M M � 4- . � 0 oV Q a " O o a o �w � � c + �� N � Cd"OJ � � �+J � � ,�`o_y3n � � � T .� y0U � �� N(0� N N C N N j `^ UN,pU i =E� 3 °a�no -a d'•` � m o' Q �� V V Q �� N � aa�� $a° u� � �,.. U -a s��o= J t/� � m �°�� rn � � O � � � N NwNLJ�- � TYpE p�p;�`�1-W�`-�=-�'�--"`1�� DBA�� CF(DIAZA OSERVICES --�-- S[re - -- ------- - - -- - Stre Licerrse Licensee � Lic. Types � Insurence � Bond �� Requiremerrts � -- - ------- -- - --- - - -- - �e �icenseeName: CHARDDDIAZ - — -- ----- - --- -. .�= - Dire� OBA: CK DIAZ AUTO SERVICES _ -- -- - ------ - ` ---- - -.—°�`-, _ Unit Sales Tax I�t _923740_ - Non-Profit � Wnrker's Comp: . 0100l00�0 . =;?rflP��-- AA CoMrad Rec'd: 010010000_ : AA Training Rec'd OiD010000 ^ �� AA Fee Colleded: �NOrU00� . Discowrt Rec'd [- q O[her Aqenc Licenses Financial Holtl Reasons OthertieeruingAgencyNaroe7Lic�s,��Typ�,�Geense�'_Ezpir,elion Reason�- �ve � t U�I 8523: 9232� 9289 Bsckgrountl Check Required � 9649C License #�80006860 � Save Changes to Hislmy �. .y�� a�r�i`kies.:. � 994 933 . 997�933 . 999 933 � 995933 . ___. ___ ..__.. 997933. ;�Skart �ReachD Printscteen �G�ou�,� 6 ,��_ �ECLtP�� rs ECLIPS � licer�se` ps �` ° ,� �� ` ,�, �` ,�i,�. ��,.� .., �M� __°�' ;�t�+�� 1A8 4ddfE� Typt Stre Stre Stre Dire� Un�T Cdy:: cLicei� 8523`. 9232; 9289` 9649C � � �s � -;,=� �" �:;� e Licensee (ZICHARD D DIAZ —__ ____- _ _.__ ..__ Pap" Fina LM1t�m FSst S�unin' DBA IGt DIAZ AUTO SERVICES License � Licensee � Lic. Types � Insurance � Bond � RequiremeMs � ,� � Proper[y f Licensee � Unofficial � Projed Facildator. MARiENS, CORINNE � i Street #: 33 Adverse Action Commetrts i E Street Name: TLANTIC Street Type: ST � Diredion: C� Uni[ Ind: 6LDG v tlnit #: .� ' -- - -- -- - - - � - - - - - City: ST PAUL � Commerrts k2t18hJ9 Has not comptied wdh fire requ"vemerds -�to x� i Stffie: MN � Zip: 55'106: i�D fm form A, CSR� �, __� > � Ward: � ¢'';L' �a!7,,>e�;. E215199 Larry sending letterta licensee infarming him -_: I Dist Council: � [of options if he does not comply with fire marshall's � E ' Licensee: ICHARD D DIAZ_ ___ _. Comments: DBA: ICK DIAZ AUTO SERVICES - -- -�--- � - - - Sales Tax Id' 923740 Bus. Phone #: 651) 760-636f __ ' License # 980D08819 15515 ' Save Changes to History � °I°��y a 1 ORIG�NAL L� � jl/y ouncil File # 1q �} �. � , �/1J/Cli�/i✓ Green Sheet # �� G3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To Committee: Date WI�REAS, Richard Diaz, d/b/a Rick Diaz Auto Services, ap d for an Auto Body Repair Shop License far the premises at 933 Atlantic Street; and W HEREAS, the Office of License, Inspections nvironmental Protection recommended denial of his license application becau Diaz did not comply with the Fire DepartmenYs requirements of an approved spray oth for issuing a license; and WHEREAS, by letter dated Marc , 1999 Mr. Diaz was aduised of the recommendation of deniai and afforded an opportunity request a heazing pursuant to Saint Paul Legislative Code §310.05 before an Adminis ive Law 3udge, but did not make such a request; and WHEREAS, Mr. D' has not complied with the necessary requirements far the Fire Deparhnent to issue ap val for an Auto Repair Shop License at 933 Atlantic Street; and WIIERE , such actions aze a basis for adverse action pursuant to Saint Paul Legislative Code §310.06 (3); now therefore, be it � 2 3 4 5 6 7 q9-�tal RESOLVED, that the application for an Auto Body Repair Shop License for the premises at 933 Atlantic is hereby denied. This Resolution and the acfion taken above are based upon the facts contained in the Notice of Violation dated March 2, 1999 and such arguments as may have been presented to the Council at the public hearing on this matter. Requested by Department of: Adopted by Council: Date Adoption Certi£ied by Council Secretaxy BY: Approved by Mayor: Date By: B ��,�., � � � Form Appro� City Attarney. By: l �r-L� � Approved by Mayor for Submission to Council Sy: 2TMENT/OFFICHCOUNqL DAiE INmATED � � ~ � � � LIEP 4/28/99 GREEN SHEET n►o 64037 Christine Rozek 12, 1999 — Public TOTAL # OF SIGNATURE PAGES ■ u �,.�.��,� � a,.� _ FOR ❑!JlVAiTOP1EY ❑CRYCLFRK ❑ w1v�a�smncFSdz ❑ sxu¢w.aamiaccrc ❑ rnraR(ort�as�sra+ry ❑ (CUP AL� LOCATIONS FOR SIGNATURE) Resolution concerning adverse action against the license application of Richaxd Diaz, Rick Diaz Auto Services, 933 Atlantic Street. (Uncontested) PIANNING COMMISSION qB COMMII7EE CIVIL SERVICE COMMISSION Has this perso�rm evervrorked under a coMract tw this department? YES NO Flas th"�s person/firtn ever been a cRy emPbY�? . .. YES NQ Dces this persoNfirm possess a sldll not nwmallypossessed by any current city employee7 YES NO Is this persoNfirtn a targetetl vendoR VES NO .e » �,a —. ,,, ;,�„'3 ;^i^:M:,i:.'... y,., ._, �9 ^'" ,� �» kY'�mr� 5 � ; � � ec� COST/REVENUE BUD6ETED (CIRCLE4N� YES NO SOURCE ACTNITYNUMBER INFORMATION (IXPWN) °Iq -y� I UNCONTESTED LICENSE HEARING Licensee Applicant: Richard Diaz d/b/a Rick Diaz Auto Services Address: 933 Atlantic Street Council Hearing Date: May 12, 1999 Violation: Failure to Comply with Fire Department Requirements for Paint Spraying Activities Place: Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmentaf Protection: Denial of License Application Attachments: 1. Proposed resolution 2. Notice of Violation 3. February 5, 1999 letter from LIEP to license applicant 4. License information CITY OF SAINT PAUL Norm Coleman, Mayor Apri128, 1999 OFFICE OF THE CITY ATTORNEY Claytan M Ro6inson, Jr., Ciry Attomey � e' y � 1 CivilDiv'uion 400 City Ha!! Telephome: 657 266-8710 ISWestKelloggB(vd Facsimile:651298-5619 Saint Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Richard Diaz Rick Diaz Auto Services 933 Atlantic Street Saint Paul, Minnesota 55106 RE: License Application of Richard Diaz d/b/a Rick Diaz Auto Services for the premises located at 933 Atlantic Street in St. Paul License ID No. : 19980006800 Our File Number: G99-0096 Dear Mr. Diaz: .,'�ji. �.:.�'> �� ,.«.=r:�^ rt� � F� `��a ; ,� :, . ..:� Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, May 12, 1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing in that the facts contained in the Notice of Proposed Denial concerning the failure to comply with the orders of the Fire Department have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks. The recommendation of the license office will be for the denial of your license application. If you have any questions, please call me at 266-8710. Very truly yours, `� - �- �V ��r�1 � Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 OFFICE OF 7HE CITY ATTORNEY C(ayfon M Robmsox, Jr., Crry Anarney CITY OF SAINT PAUL Nornr CoTeman, Mayor Civt! Drvision 100 City� Ha!! I S West Kellogg Blvd. Sain�P¢ul, Minnesota 55I01 °l � -�l � ( l�e7ephone: 651 ?66-6Y0 Facsimi7e: 651 ?98-5619 March 2, 1999 NOTICE OF PROPOSED DENIAL Richard Diaz Rick Diaz Auto Services 933 Atlantic Street Saint Paul, Minnesota 55106 RE: license application of Richazd Diaz d/b/a Rick Diaz Auto Services for the properry located at 933 Atlantic St. in St. Paul License IA No.: 980006800 Dear Mr. Diaz: The Director of the Office of License, Inspections and Environmental Protection is recommending denial of your license application. The basis for the deniat is: The premises at 933 Atlantic Street do not have a certificate of occupancy. The Fire Department will not issue a certificate of occupancy for your business at this location uniess qou comply with the requirement of a spray booth for the paint spraying activities associated with your auto body repair business. Accordingly, the premises at which you have applied for a license are in violation of the fire and building codes and the Office of LIEP recommends denial of your license appiicafion, pursuant to §310.06(b)(3} of the Saint Paul Legislative Code. At this point you may wiYhdraw your license application or immediately come into compliance with the Fire Marshal's requirements for a spray booth ogeration as oudined in Mr. Zangs letter of Febniary 5, 1999. On the other hand, if you wish to dispute the above facts, you may request an adnunistrative hearing before an Administrative Law Judge. If you wish to have a hearing, you must let me know that in wrifing. I��iil then schedule the hearing and send you a notice with the time, date and place of the hearing, the name of the administrative law judge who will preside, and a brief description of the procedures to be followed. Pa�e 2 Rick Diaz Auto Services March 2, 1999 °��-�a� Please be on notice that }�our business location does not currently have a certificate of occupancy, nor do you have a license to operate an auto body repair business at this location, and you are not pertnitted to operate ��ithout such a license and certificate of occupancy. You must, therefore, unmediately cease all operations at this location. If you continue to operate evidence of that fact may be used in addition to other evidence to deny your license. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, ` �/ �*.tGi. � �/�a.Y.-u12 � Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Plauniug Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Bluff Center foz Civic Life, 281 Maria Ave., St. Paul, MN 55106 qq.��a1 STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 3, 1999, she served the attached NOTICE OF PROPOSED DENIAL on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Richard Diaz Rick Diaz Auto Services 933 Atlantic Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn Co before me this 3rd day of arCh, 1999. PETER P.PANGBORN PUBLIC-MINNESOTA 23otary Public ��-Wa� OFFICE OF UCENSE, INSPECTIONS AND ENVIRONMENTA[. PROTECTION Raben Kusler, Director SAtNT PAUL � AAAA CITY OF SAINT PAUL 657-266-9090 Norm Coleman, Maynr February 5, 1999 Richard Diaz Rick Diaz Auto Service 933 Atlantic Street Saint Paul MN 55106 LOWRYPROFESSIONALBUILDING Telephone: Suite 300 FacsFmile: 651-266-9099 350 St Peter Street 651-266-9724 Saint Paul, Minnesat¢ 55102-I510 RE: 933 Atlantic St. - License {D# 19980006800 for an auto body repair shop. Mr. Diaz: As you know from our conversation on February 3, 1999, the fire marshal's office has denied your license request. You have no approved faci{ities, in the space you rent, to accommodate paint spraying activities associated with your auto body repair business. You have the following options: Formally withdraw your license application. Such request must be in wsiting to this office. You are eligible for a refund of the application fee upon verification that you have vacated the premises and ceased ail business activities at this address. Comply with the fire marshal's requirements for a spray booth. You have until Wednesday, February,16, 1999 to pursuit either of the options above. After this date, this offi�ce wiil begin the administrative hearing process to deny your license request. You have the opportunity to appeal the Citys decision through this proceeding. If you have any questions, call Christine Rozek at 651/26Fr9108. q�-yat Lawrence R. Zangs Zoning Administrator cc: Chrisfine Rozek Phii Owens Sheri Wings Corrine Martens Kris Schweinler (Copy sent to Applicant's Home Address) 9°I�`+�� O Q x r W � C � e- y rn y U � � J � a � r � Q � C O :� � E L � C m N C d e� �.1 m a� � N N � � � N p� N C U � J � a N m � � � N @ O_ N F"' � N � c � m U O J j Q r�- �, �I ��I� IZ f� � i i� v N c9 0 � m E- � U F- a`�i ¢ � J � Q Q O M � � � U � W N O F- N = � ¢ m Z _ ❑ �U � N I � 0 0 Z � O = a � U C 3 O U � � m � n w y C � s � Z U O a U N � N C �I m� Zj TI C, O_I o� U! UI �% L �, N! CI d � E 7 Z N c o O � L � a� N O y � m ^ c 3 � m � � � O i � I � i M r � U F- g Q M M � 4- . � 0 oV Q a " O o a o �w � � c + �� N � Cd"OJ � � �+J � � ,�`o_y3n � � � T .� y0U � �� N(0� N N C N N j `^ UN,pU i =E� 3 °a�no -a d'•` � m o' Q �� V V Q �� N � aa�� $a° u� � �,.. U -a s��o= J t/� � m �°�� rn � � O � � � N NwNLJ�- � TYpE p�p;�`�1-W�`-�=-�'�--"`1�� DBA�� CF(DIAZA OSERVICES --�-- S[re - -- ------- - - -- - Stre Licerrse Licensee � Lic. Types � Insurence � Bond �� Requiremerrts � -- - ------- -- - --- - - -- - �e �icenseeName: CHARDDDIAZ - — -- ----- - --- -. .�= - Dire� OBA: CK DIAZ AUTO SERVICES _ -- -- - ------ - ` ---- - -.—°�`-, _ Unit Sales Tax I�t _923740_ - Non-Profit � Wnrker's Comp: . 0100l00�0 . =;?rflP��-- AA CoMrad Rec'd: 010010000_ : AA Training Rec'd OiD010000 ^ �� AA Fee Colleded: �NOrU00� . Discowrt Rec'd [- q O[her Aqenc Licenses Financial Holtl Reasons OthertieeruingAgencyNaroe7Lic�s,��Typ�,�Geense�'_Ezpir,elion Reason�- �ve � t U�I 8523: 9232� 9289 Bsckgrountl Check Required � 9649C License #�80006860 � Save Changes to Hislmy �. .y�� a�r�i`kies.:. � 994 933 . 997�933 . 999 933 � 995933 . ___. ___ ..__.. 997933. ;�Skart �ReachD Printscteen �G�ou�,� 6 ,��_ �ECLtP�� rs ECLIPS � licer�se` ps �` ° ,� �� ` ,�, �` ,�i,�. ��,.� .., �M� __°�' ;�t�+�� 1A8 4ddfE� Typt Stre Stre Stre Dire� Un�T Cdy:: cLicei� 8523`. 9232; 9289` 9649C � � �s � -;,=� �" �:;� e Licensee (ZICHARD D DIAZ —__ ____- _ _.__ ..__ Pap" Fina LM1t�m FSst S�unin' DBA IGt DIAZ AUTO SERVICES License � Licensee � Lic. Types � Insurance � Bond � RequiremeMs � ,� � Proper[y f Licensee � Unofficial � Projed Facildator. MARiENS, CORINNE � i Street #: 33 Adverse Action Commetrts i E Street Name: TLANTIC Street Type: ST � Diredion: C� Uni[ Ind: 6LDG v tlnit #: .� ' -- - -- -- - - - � - - - - - City: ST PAUL � Commerrts k2t18hJ9 Has not comptied wdh fire requ"vemerds -�to x� i Stffie: MN � Zip: 55'106: i�D fm form A, CSR� �, __� > � Ward: � ¢'';L' �a!7,,>e�;. E215199 Larry sending letterta licensee infarming him -_: I Dist Council: � [of options if he does not comply with fire marshall's � E ' Licensee: ICHARD D DIAZ_ ___ _. Comments: DBA: ICK DIAZ AUTO SERVICES - -- -�--- � - - - Sales Tax Id' 923740 Bus. Phone #: 651) 760-636f __ ' License # 980D08819 15515 ' Save Changes to History � °I°��y a 1