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99-666Council File # 9g - G G(� Q Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �0 3 �} •� 7 1 Coxnmittee: Date WF�REAS, David A. Heu d!b/a ABC Motorsports, applied for an Auto Body Repair Garage License for the premises at 933 Atlantic Street; and 4 5 WFIEREAS, the Office of License, Inspections and Environmental Protection 6 recommended denial of his license applicarion because Mr. Hen did not comply with the Fire 7 DepartmenYs requirements for an approved spray booth for issuing a license; and 9 WIIEREAS, by letter dated May 19, 1999, Mr. Heu was advised of the recommendation 10 of denial and afforded an opportuniTy to request a hearing pursuant to Saint Paul Legislative 11 Code § 310.05 befote an Administrative Law 3udge, but did not make such a request; and 12 13 14 15 16 17 18 19 20 21 22 23 24 WFIEREAS, Mr. Heu has not complied with the necessary requirements for the Fire Department to issue approval for an Auto Repair Garage License at 933 Atlantic Street: and WI3EREAS, such actions are a basis for adverse action pursuant to Saint Paul Legislative Code § 310.06(b)(3); now therefore, be it RESOLVED, that the application for an Auto Body Repair Garage License for the premises at 933 Atlantic is hereby denied. This Resolurion and the action taken above aze based upon the facts contained in the Notice of Violation dated May 19, 1999, and such arguments as may have been presented to the Council at the public hearing on this matter. Requested by Department of: BY: RAI� �' ",�C`-i`� Form Approved by City Attorn Sy: AppYOVed by Mayor for Submission to Council By: Appx By: By: Adopted by Council: Date ��_�q� � Adoption CertiEied by Council Se etasy ��,Tm 9q -G�� 2, 1999 GREEN SHEET No 6342'7 Virginia Palmer .'�''�T�'�� TOTAL # OF SIGNATURE PAGES ��.µ,�.� ��._ ❑ qNAii0N1EY ❑ p1YCLFRK ❑ RINYIRI.9RVICEY➢R. ❑ HIANCULBFIlV/ACCTG ❑ Wratlat,us�tr/�xry ❑ �CLIP ALL LOCATIONS FOR SfGNATURE) Concerning adverse action against the license application of David A. Heu, dba ABC Motorsports, 933 Atlantic Street. PU1NNtNG CAMMISSION q6 COMMITTEE. CIVIL SERVICE GOMMISSION IF Fias mis ae��rm erer workea unaer a convact twtnis aeparcmenYl VES NO Has this pcvsoMrm ever been a city empbyee9 YES NO Do� ihis peiso�im paraess a sldll not nwmallypossessM by any wrteM cdy empbyee? YES NO Is this persaVfirm a targetetl vendoY! YES NO JTAQES 1F NOT APPROVED . . . . . ' < ' - , ' . . , _.. . - , ' .. NOONT bF TRTW�AC�ION �S � � CO57IREVENUH BUDGETED (CIHCLE ON� �� YES ' � NU � SOURCE ACTNITYNUMBER INFORMAIIONIIXPWN) . . , . . . , : - , .,,,, � UNCONTESTED LICENSE HEARING Licensee Applicant: David A. Heu d/b/a ABC Motorsports Address: 933 Atlantic Street Council Hearing Date: July 14, 1999 Violation: Failure to Comply with Fire Department Requirements for Paint Spraying Activities Place: Licensed Premises �q_G�� Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of License Application Attachments: 1. Proposed resolution 2. Notice of Violation 3. April 8, 1999 letter from LlEP to license applicant 4. License application and information OFFICE OF TF� CITY ATTORNEY � C!¢yrorz M. RoBinson, Ja, CiryAttomey /1 Ci ► G� ..� CITY OF SAINT PAUL Norm Colemmann, Mayor June 30, 1999 David A. Heu ABC Motorsports 933 AUan6c Street Saint Paui, Minnesota 55106 Civil Divisiors 400 City Ha1l Telephone: 657 266-8i10 ISWestKe!loggBlvd Facsime1e:657298-Sb19 Saint Paul, Minneso[a 55102 NOTICE OF COUNCII, HEARIlVG Coun�E Rasea°ch Center RE: License application of David A. Heu dlb/a ABC Motorsports for the property Iocated at 933 Atlantic St. in St. Paul License ID No.: 19980004547 Dear Mr. Heu: JUL 0 �. 1999 Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p,m., Wednesday, July 14,1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are 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 concerning the business premises being in violation of fire and building codes related to the paint spraying activities associated with your auto body repair business have not been denied. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penaity, if any, to be imposed. The recommendation of the license office will be for the denial of your license applicarion. If you have any questions, please ca11 me at 266-8710. Very truly yours, � �� c2'_,�ti. w,c�'� �J �� c�-� +�-c� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessier, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. Payne Ave., St. Paul, MN 55101 5 Planning Council, 1014 Kathy Moriariy, Community prganizer, Dayton's Bluff Center for Civic Life, 281 Iviaria Ave., St. Paul, MN 55106 CITY OF SAINT PAUL Norm Coleman, Mayor May 19, 1999 OFFICE r^ � CITY ATTORNEY Clayton M :nson, Jr., City �ittomey `{p q9 -� CivilDivision 400 City Hal1 Telephone: 651 266-8710 ISlVestKelloggBfvd Facsimile:651198-5619 Srtinl Paul, Nfinnesot¢ 55102 NOTICE OF PROPOSED DENIAL David A. Heu ABC Motorsports 933 Atlantic Street Saint Paul, Minnesota 55106 RE: License application of Aavid A. Heu d/b/a ABC Motorsports for the property located at 933 Atlantic St. in St. Paul License ID No.: 19980004547 Deaz Mr. Heu: The Director of the Office of License, Inspections and Environmental Protection is recommending denial of your license application. The basis for the denial is: The premises at 933 Atlantic Street do not have a certificate of occupancy. The Fire Department will not issue a cerfificate of occupancy for your business at this location unless you 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 application, pursuant to §310.06(b)(3) of the Saint Paui Legislative Code. At this point you may withdraw your license application or immediately come into compliance to obtain Fire Inspection approval as indicated in Ms. Rozek's letter of Apri18, 1999. On the other hand, if you wish to dispute the a6ove facts, you may request an administrative hearing before an Administrative Law Judge. Tf you wish to have a hearing, you must let me know that in writing. I wi11 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. Page 2 ABC Motorsports May 19, 1999 ag-�� Please be on notice that your 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 aze not permitted to operate without such a license and certificate of occupancy. You must, therefore, immediately 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, �/ ��C�� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Lariy ZangS LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Biuff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 q q_GGW STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ARFIDAVIT OR SSRVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 19, 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: David A. Heu ABC Motorsports 933 1�tlantic 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 to before me this 19th dz�.�of May� 1999. Notary Public P�E� � ��NGBORN pTARY pUBLIC — MINNESOTq ' CAmm. ExP��ea Jan. 31. 2pq CITY OF SAINT PAUL �'�'orm Caleman. bfa)ror OFFICE OF LICE�SE, INSPECTIONS AhD �� ENV1R0\MENTALPROTECTIOV �e � Roberr Kessler, Direnor �� LOWRYPROFESSIO:VAL Telephone:6�l-26S9090 BUILDL�'G Facsimile: 651-266-912-F 350 St. Peter Srren Suite 300 Saint Paul, .4finnesotn 55102 April 8, 1999 199800045�7 David A Heu ABC Motorsports 933 Atlantic St Saint Pau] MN 55106 Re: 19980004547 - Auto $ody Repair Garage License Applicarion Dear Mr. Heu, In July, 1995, our office receiered your application for an Auto Body Repair Garage License. Your application, ��19980004547, �;�as processed; ho«�ever, the following item(s) are still required: • Fire Inspection Ap�al • Sib the attached condition affidavit At this time, your ]icense has�ot been issued; therefore, you are not authorized to operate in the Ciry of Saint Paul. Pk�e respond within seven (7) days to let us know whether or not you intend to continue �h this application or wish to permanently withdraw. If you have any questions, pkase call Corinne, LIEP Project Facilitator, at 651-266-41�6. Regards, (?� �. �� Christine Rozek LIEP Deputy Director CAR/cam Enclosure �� '° � � OFfICEOFLICENSE,INSPECTIONSAND /]L��G�jG ENVIRONMENTAL PROTECTION �� Robetl Kessler, Directw SAItlT IAUL � Al1Al1 CITY OF SAINT PAUL Norm Coleman, Mayo� LOWRY PROFESSIONAL BUIl.D/NG Telenhone: (651) 266-9G?0 Swie300 Fac,simle: f65f)26G90?9 350 SR Pefer Sfree! (651) 26G9R< SamtPaui, M.innesWa SSfC2-�SfD I agree to the following conditions being placed on the following license(s}: License #: 19980004547 Type of Business: Auto Body Repair Garage Applied for by: DAVID A HEU Doing Business As: ABC MOTORSPORTS at: 933AlLANTIC ST ST PAUL MN 55106 Conditions are as follows: 1. Customer/employee pasking shall oniy be in the area designated on the site pian, filed with LIEP. This designated area shali 6e marked with signage identifying it as parking for ABC Motorsports. 2. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. 3. Car paRs shall be stored in a covered dumpster. There shall be no exterior storage of vehicle parts. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations. Licensee Date d N ❑ a � LiJ � � rn r � O) y U ` � J � � `" a � 0 � O Q a C 0 m £ w C d N C d V J w � R � N � �_ �� U � a N N (II � O. N N � N a c ° m U O J j Q m � m � s � E � n � � Z � c ° o U � J � � (6 m H � U N F �g v F„ a QQo � ��tJ F" K � a � �O Z ~ m� O U m Q � � �w m = Z ¢ c a ¢ d 'u c � 0 U � N Do N � X W N C � N 9 � 7 Z U a U c m � N C N E m Z >, C m a E 0 U c m � N G N � � d � � o � L ^ a � � y ^ d ^ C � � m � 0 m c F"' �n m n F- � U F Z J ¢ M M W L � .3 U N m �Q �� o m� c �.. � iq r `— a�`o� �Y a � « . �y`ro a`o� Q 'i. U � f n � � C .�.. (IS TX� C = N d L O p� �00 - �, CU Y.� n� � C C �� L �N N �d . N N� a� m�m �p � fl.�L NC p)L � O/ CF" �j N� ��N .. r_. > r .�. N c3 yQa_> �Y o�� T� �' C � N � O� p N <OQ >>7� .c_ aoc � N � � U � � C N ..'�• U� m� ��>` a�ia VO�N T� � N �� pt0 NNN am wso� £•y o �� o N a� �.c v i_ - 6 p� �1 � � � N N � y� N °�'L" aN a°.2 � N �� U� ol-�-UL � 0 c�J` W � � O (`) � � � � .� Q' O �R U p � ° QoQin O ��U� �� ll O'� C -.Q �ooi � .-. � �.fl W C L � ��(�p� _ N Q V � V (") �p U (6 N .r�. � C O �L N U O -6 �' � a� � C � N o a -6 i �°�a�c N ��o w � � Q� N c¢ Q �- `' N - p OQ.'�f6�3 �-J -pdQ CO� �� a>wU o L �� p C " "O d0 U �� Ut N Uw_ N L=� t �- o a � -o :_ tAZUQ�mZ� rnrn�rn°-�:�' �O rnrn crnrn �rn` vrn'mo°�-o°'g t�in O��V @t+�< q� "�`� ! �- ! J r CLASS III LICENSE APPLICATION THIS APPLICATION IS StTBJECT TO RFVIEW BY PUBLIC PLEASE TYPE OR PRINT IN INK Type of License(s) being applied for: ��_��_�.P�):IGLi !� �(,t('� Company Nazne: CITY OF SAINT PAUL Office oFLicense, Inspections �� andEnvironmrnW Protec[ion 350 St Pcm[ SL Suim 300 /� a i� Sa'urtPaW,Mmnesoh 55102 U � (612)3669090b<(6Ii)I6F913a l �7 dv If business is incocporated, give date oFincocporation: Doing Business As: 1�� l. U ��0 � C S `) `j b� ' �73 b� Business Phone: Business Address: q 3 3 �47'L,� NT! L 5� �i 1 P� u�— M. N � S'/'0 � Strcct Adc4<ss City State Zip Betw•een what cross streets is the business located? ��—'f� N'�� C l�.�uev�� W�ch side of the street� /V d r`/�j Are the premises now occupied?� What Type ofBusiness� &UZfi7 S�c.c��' T �� ` ` Mai! To Address: R 33 ��(� G"� __ s'� t�c. _ �i•� N S' S I o�6 sa�ce nddr�„ Applicant Infoanation: Name and Title: 7" � First Home Address: state z;p QCc+rtz r 7itle c;ry i �V_. � �� (Maiden) Laat so-�t nedav � 4 ca s�c_ zip Date of Birth: aa / Piace of Birth: L-�-� S Home Phone: �`) �'� �� Have you ever been convicted of any felony, crime or violation of any city ordinance other than traffic7 YES NO ,� Date of azrest: Charge: _ Conviction: r� �-(�-e Midd(e [,v�..�-...�n c-fC Where7 Sentence: List the naznes and residences of three persons of good moral character, living within the Twin Cities Metro Area, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character: �� ADDRESS /3�' (�s�� s � _ 9G��6 «�� . ' �f PHONE a-�3�� -�„� >�-a�946� List licrnses �vhich you currently hold, fotmerly held, or may have an interest in: � /U�F'�S. Have any of the above named licenses ever bzen revoked? YES � NO If yes, list the datzs and reazons for revxation: 2/1 &'97 Are you going to operate this business persona11y7 _'� ygg Fin[ hliAtllo Home Address; 54ect Name City � Y'ou 8oing to have a manager or assistant in this business? please complete the following information; "' hI0 If not, who will operate it7 �'1 •L6� La+t Dat� St°m ZiP Pho— �S � NO If the manager is not the same as the operator, Fint Namc Middle Initial (:.faidrn) [,ayc Date of Birzh Streetiiaae City Please list your emptoyment history for the previous five (5) year period: Business_ /g A_ � D 0. �_ r t ddress IK...� . -f-D � ✓� 3� SS E. State ZiP Phonc '_ Pn.-� , ,t,� �; Sr! . List all other officers of the coiporation: OFFICER TITLE HOME NAME (�ffice Held) ADDRESS HOME BUSINESS PHOIVE PHONE DATE OF BIItTH If business is a partners(up, please include the following informalion for each pattner (use addilional pages if necessuy): �'� _ � . F�� hem� — _ dg1 �era, Home Ad dr�yr , g�N �r�� F;n� x�� Home Add�ess: Strce[ Numc .Vliddle (Mai +w-nj Dv " S Sl sc�w �:., �� Sf°� Zip Phone T�y� lU� E7 � NIINNESOTA TAX IDENTIFICATION NUiviggg _ p�suant to the Laws of Minnesota, 1984, Chapter 502, Article 8, Szcuon 2(270.72) (I'ar Clearance; Issuance of Licenses), licensing auihorities are required to provide to the State ofMumesota Commissioner of Revem:e, the Minnesota business taac identification number and ihe social security number of each license applicant. Under the i�finnesota Government Data Pracpces Act and the Federal Privacy Act of 1974, we ue required to advise pou of the following rzgacding tha use oFthe Minnesota Ta+c Iden�cation Number: - This infotmaGon may be used to deny the issuznce or renewa] of your license in the event you o�ce Minnesota sales, emploger's H'ithholding or motor vehicle e�ccise taees; ' UPon receiving this information, the licensing authority wi11 supply ii only to the Minnesota Depar[ment o•`Revznue. How�ever, undet the Federal Exchange of Information Agreement, ihe Departmznt of Revrnue may supply thi; infonnation to the Irtzmal Revenue Service. Minnesota Ta� Idrntificafion Numbeis (Sales & Use Tar I3u�ber) myy be obtaine�i fi the State of Minnesota, Busines5 Rzcor� Depar�znt, 10 River Pazk Plua ( Social Secur{ty Number: ��6 ^ 3b ^�(�� Minr;esota Tar Fden�cation Number. 37� S� �/ Z — 1f 8 Minnesota Ta�c Iden�cation Number is not required for tht business being operated, indicate so by placiag an"X" in tne bo�. Middic?niiiei iwvi-� - 5'� c;ry 2f t Al97 If applying for, Cabaret ad ult, ptease attach written proof that each empioyee is at least 18 yeyrs old, �� , L �� Conversation/Rap parlor adult, please attach writtrn ptoof tha[ each employee ys at least 18 years old Entertainmeat, please speci{y class A, B, or C licrnse; obtain end attach signatures of approval from 90°/a of your neighbors within 350 feet of the establishment T'his fice� m� � applied for in conjunction with a Liquot, Wine, Malt On Sa1e or RentxllDance Hati liceose, Firearms, please attach a]ettzr with the following infonnation: state if selling or only repairing, Federat Fuearms Licznse Numbe� �y of Anned Services dischazge (Honorabie, General, Bad Conduct, Undesirable, Dishonorable, or no militazy service, (NOTE: Establishment must be commercially zoned.) Game room, please procide the following informalioa: nazne of machine and list price. (NOTE; A Poo1 Hall license is required if there are any pool tables in fhe establisf�ment.) HealthlSports ctub adult, please attach written proof that each employee is at least 18 years old. Liquor off/on sale, refer to attached liquor applicalion. Lock opening semces, please attach a list of all eatployees (with home address and telephone number) who will be doing the lock opening secvice; attach $10,000 Surety Bond. Ma�sage center, please attach a dztailed description oFthe setvices being providzd, hiassage center aduli, please attach wiitten ptoof that each employze is at Ieast 18 yeazs old. ' Massage p ractitioner, please submit proof of successful completion of ��zitten and practical exarns from the City of Saint Paul authorized �xaminer, u�surance �cate showing tioverage of S 1,OOQ000.00 each gzneral liability and professional liability with the City of Saint Paul namzd as an ydditional uv and a 30 day notice of cancellation; proof of affiliation from a licznszd Ciry of Saint Paul therapeulic massage cznter or state licensed health faciliry . 11lotorcycle dealer, please include Stata of Minnesota Deaier Numbzr, New motor vehicte dealer, please ii;clude State ofMinnesota Dealer Number. " Parldng lot/ramp, please include the number ofparlang Spyces� a�d attach plans containing a genc,Ta( dzu�Ptyon of the security provided at the IoUraznp, a site plan showing driveways of the proposed lot and ihe legal description of the property (this requiremenc necessary onis� if no site pIan is curreuUy on file). Attach a cover ]ettet describing your plans to comply with the lighting and painting requiremeau. Pawnbroker, please attach $5,000.00 SuretyBond. Second hand dealer-motor vehicle, please include State ofMinnesota Dealer Number. Second hand dealer-motor vehicle parts, please attach $5,000.00 Surety Bond. Steam room/bath bouse adult, plzase attach written proof that each employee is a[ teast 18 years old. Theater adutt, please attach written proof that each employze is at Ieast 18 yeazs old. 2f 1 &97 CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182 G9 �� I hereby ceRify that I, ot my company, am in compliance with the workecs' compensalion ins�uance coverage requiiements of Minneso[a Statu[e 176.182, subdivision 2. I also imderstand that provision offalse infoanation in this certification consacutes sufficiern grounds for adverse action against all licenses held, including revocalion and suspension of said licenses. Name of Insurance Company: PolicyNumber: Coveragefrom to I have no employees covered under workers' compensation insurance �i(�TIALS) ANY FALSIFICATION OF ANSWERS GNEN OR MATERIAL SUBMTI'TED WILLRESULT I�i 1 DENLAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, snd that the infoixnation contained herein is true and cocrect to the best of my knowledge and belief. I hereby state fucther that I have received no money or oiher consideration, by �vay of loan, gift, contribution, or otherwise, other than already disclosed in the application wf�ich I herewith submitted. I also understand this premise may be inspzcted by police, fire, health and other city officials at any and all times when the business is in operation (REQUIRED for all applications) We e�ill accept paymeat by cash, check (made payable to City of Saint Paul) or credit card (M!C or Visa). Date IFPAYING BYCREDIT CARD PLEASE COMPLETE THE FOLLO{�'ING INFORMATION: � MasterCard � Visa EXPII2ATION DATE: ❑C7/�❑ Name of ACCOUNT NiJ1�ER: ■■■■ ■■■�� ■■■■■■■■ of for all "*Note: If this app;icalion is Food/Liquor related, please contac[ a Ciry of Saint Paul Health Inspector, Siece Olson (266-9134), to review plans. If any substanUal changes to structure are anticipated, please contact a City of Saint Paul Plan Exazniner at 266-9007 to apply fo: building pecmits. If there aze any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Pavl Zoning Inspector at 266-4008. � AII applications requim the fol(owing documents. Ptease attach these documents nhen suhmitting your application: i. A detailed description of the design; lxation and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8 1/2" x] 1" or 8 1/2" x 14" paper): - Nazne, address, and phone number. - The sca]e should be stated such as I"= 20'. ^N should be indicated toward the top. - Placement of all pertinent features of [he interior of the Iicensed facility such as seating areas, kitchens, offices, repair azea, pazking, rest rooms, ete. - If a request is for an addition or e�pansion of the licensed faciliry, indicare both the current arza and thz proposed expansior_. 2. A copy of your lease agreement or proof of ownzrship of thz property. SPECIFIC LICENSE APPLICATIONS REQUIItE ADDITIONAL Nk'ORMATIOti. PLEASE SEE REVERSE FOR DETATLS >>>> 2/18/97 Council File # 9g - G G(� Q Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �0 3 �} •� 7 1 Coxnmittee: Date WF�REAS, David A. Heu d!b/a ABC Motorsports, applied for an Auto Body Repair Garage License for the premises at 933 Atlantic Street; and 4 5 WFIEREAS, the Office of License, Inspections and Environmental Protection 6 recommended denial of his license applicarion because Mr. Hen did not comply with the Fire 7 DepartmenYs requirements for an approved spray booth for issuing a license; and 9 WIIEREAS, by letter dated May 19, 1999, Mr. Heu was advised of the recommendation 10 of denial and afforded an opportuniTy to request a hearing pursuant to Saint Paul Legislative 11 Code § 310.05 befote an Administrative Law 3udge, but did not make such a request; and 12 13 14 15 16 17 18 19 20 21 22 23 24 WFIEREAS, Mr. Heu has not complied with the necessary requirements for the Fire Department to issue approval for an Auto Repair Garage License at 933 Atlantic Street: and WI3EREAS, such actions are a basis for adverse action pursuant to Saint Paul Legislative Code § 310.06(b)(3); now therefore, be it RESOLVED, that the application for an Auto Body Repair Garage License for the premises at 933 Atlantic is hereby denied. This Resolurion and the action taken above aze based upon the facts contained in the Notice of Violation dated May 19, 1999, and such arguments as may have been presented to the Council at the public hearing on this matter. Requested by Department of: BY: RAI� �' ",�C`-i`� Form Approved by City Attorn Sy: AppYOVed by Mayor for Submission to Council By: Appx By: By: Adopted by Council: Date ��_�q� � Adoption CertiEied by Council Se etasy ��,Tm 9q -G�� 2, 1999 GREEN SHEET No 6342'7 Virginia Palmer .'�''�T�'�� TOTAL # OF SIGNATURE PAGES ��.µ,�.� ��._ ❑ qNAii0N1EY ❑ p1YCLFRK ❑ RINYIRI.9RVICEY➢R. ❑ HIANCULBFIlV/ACCTG ❑ Wratlat,us�tr/�xry ❑ �CLIP ALL LOCATIONS FOR SfGNATURE) Concerning adverse action against the license application of David A. Heu, dba ABC Motorsports, 933 Atlantic Street. PU1NNtNG CAMMISSION q6 COMMITTEE. CIVIL SERVICE GOMMISSION IF Fias mis ae��rm erer workea unaer a convact twtnis aeparcmenYl VES NO Has this pcvsoMrm ever been a city empbyee9 YES NO Do� ihis peiso�im paraess a sldll not nwmallypossessM by any wrteM cdy empbyee? YES NO Is this persaVfirm a targetetl vendoY! YES NO JTAQES 1F NOT APPROVED . . . . . ' < ' - , ' . . , _.. . - , ' .. NOONT bF TRTW�AC�ION �S � � CO57IREVENUH BUDGETED (CIHCLE ON� �� YES ' � NU � SOURCE ACTNITYNUMBER INFORMAIIONIIXPWN) . . , . . . , : - , .,,,, � UNCONTESTED LICENSE HEARING Licensee Applicant: David A. Heu d/b/a ABC Motorsports Address: 933 Atlantic Street Council Hearing Date: July 14, 1999 Violation: Failure to Comply with Fire Department Requirements for Paint Spraying Activities Place: Licensed Premises �q_G�� Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of License Application Attachments: 1. Proposed resolution 2. Notice of Violation 3. April 8, 1999 letter from LlEP to license applicant 4. License application and information OFFICE OF TF� CITY ATTORNEY � C!¢yrorz M. RoBinson, Ja, CiryAttomey /1 Ci ► G� ..� CITY OF SAINT PAUL Norm Colemmann, Mayor June 30, 1999 David A. Heu ABC Motorsports 933 AUan6c Street Saint Paui, Minnesota 55106 Civil Divisiors 400 City Ha1l Telephone: 657 266-8i10 ISWestKe!loggBlvd Facsime1e:657298-Sb19 Saint Paul, Minneso[a 55102 NOTICE OF COUNCII, HEARIlVG Coun�E Rasea°ch Center RE: License application of David A. Heu dlb/a ABC Motorsports for the property Iocated at 933 Atlantic St. in St. Paul License ID No.: 19980004547 Dear Mr. Heu: JUL 0 �. 1999 Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p,m., Wednesday, July 14,1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are 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 concerning the business premises being in violation of fire and building codes related to the paint spraying activities associated with your auto body repair business have not been denied. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penaity, if any, to be imposed. The recommendation of the license office will be for the denial of your license applicarion. If you have any questions, please ca11 me at 266-8710. Very truly yours, � �� c2'_,�ti. w,c�'� �J �� c�-� +�-c� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessier, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. Payne Ave., St. Paul, MN 55101 5 Planning Council, 1014 Kathy Moriariy, Community prganizer, Dayton's Bluff Center for Civic Life, 281 Iviaria Ave., St. Paul, MN 55106 CITY OF SAINT PAUL Norm Coleman, Mayor May 19, 1999 OFFICE r^ � CITY ATTORNEY Clayton M :nson, Jr., City �ittomey `{p q9 -� CivilDivision 400 City Hal1 Telephone: 651 266-8710 ISlVestKelloggBfvd Facsimile:651198-5619 Srtinl Paul, Nfinnesot¢ 55102 NOTICE OF PROPOSED DENIAL David A. Heu ABC Motorsports 933 Atlantic Street Saint Paul, Minnesota 55106 RE: License application of Aavid A. Heu d/b/a ABC Motorsports for the property located at 933 Atlantic St. in St. Paul License ID No.: 19980004547 Deaz Mr. Heu: The Director of the Office of License, Inspections and Environmental Protection is recommending denial of your license application. The basis for the denial is: The premises at 933 Atlantic Street do not have a certificate of occupancy. The Fire Department will not issue a cerfificate of occupancy for your business at this location unless you 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 application, pursuant to §310.06(b)(3) of the Saint Paui Legislative Code. At this point you may withdraw your license application or immediately come into compliance to obtain Fire Inspection approval as indicated in Ms. Rozek's letter of Apri18, 1999. On the other hand, if you wish to dispute the a6ove facts, you may request an administrative hearing before an Administrative Law Judge. Tf you wish to have a hearing, you must let me know that in writing. I wi11 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. Page 2 ABC Motorsports May 19, 1999 ag-�� Please be on notice that your 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 aze not permitted to operate without such a license and certificate of occupancy. You must, therefore, immediately 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, �/ ��C�� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Lariy ZangS LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Biuff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 q q_GGW STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ARFIDAVIT OR SSRVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 19, 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: David A. Heu ABC Motorsports 933 1�tlantic 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 to before me this 19th dz�.�of May� 1999. Notary Public P�E� � ��NGBORN pTARY pUBLIC — MINNESOTq ' CAmm. ExP��ea Jan. 31. 2pq CITY OF SAINT PAUL �'�'orm Caleman. bfa)ror OFFICE OF LICE�SE, INSPECTIONS AhD �� ENV1R0\MENTALPROTECTIOV �e � Roberr Kessler, Direnor �� LOWRYPROFESSIO:VAL Telephone:6�l-26S9090 BUILDL�'G Facsimile: 651-266-912-F 350 St. Peter Srren Suite 300 Saint Paul, .4finnesotn 55102 April 8, 1999 199800045�7 David A Heu ABC Motorsports 933 Atlantic St Saint Pau] MN 55106 Re: 19980004547 - Auto $ody Repair Garage License Applicarion Dear Mr. Heu, In July, 1995, our office receiered your application for an Auto Body Repair Garage License. Your application, ��19980004547, �;�as processed; ho«�ever, the following item(s) are still required: • Fire Inspection Ap�al • Sib the attached condition affidavit At this time, your ]icense has�ot been issued; therefore, you are not authorized to operate in the Ciry of Saint Paul. Pk�e respond within seven (7) days to let us know whether or not you intend to continue �h this application or wish to permanently withdraw. If you have any questions, pkase call Corinne, LIEP Project Facilitator, at 651-266-41�6. Regards, (?� �. �� Christine Rozek LIEP Deputy Director CAR/cam Enclosure �� '° � � OFfICEOFLICENSE,INSPECTIONSAND /]L��G�jG ENVIRONMENTAL PROTECTION �� Robetl Kessler, Directw SAItlT IAUL � Al1Al1 CITY OF SAINT PAUL Norm Coleman, Mayo� LOWRY PROFESSIONAL BUIl.D/NG Telenhone: (651) 266-9G?0 Swie300 Fac,simle: f65f)26G90?9 350 SR Pefer Sfree! (651) 26G9R< SamtPaui, M.innesWa SSfC2-�SfD I agree to the following conditions being placed on the following license(s}: License #: 19980004547 Type of Business: Auto Body Repair Garage Applied for by: DAVID A HEU Doing Business As: ABC MOTORSPORTS at: 933AlLANTIC ST ST PAUL MN 55106 Conditions are as follows: 1. Customer/employee pasking shall oniy be in the area designated on the site pian, filed with LIEP. This designated area shali 6e marked with signage identifying it as parking for ABC Motorsports. 2. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. 3. Car paRs shall be stored in a covered dumpster. There shall be no exterior storage of vehicle parts. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations. Licensee Date d N ❑ a � LiJ � � rn r � O) y U ` � J � � `" a � 0 � O Q a C 0 m £ w C d N C d V J w � R � N � �_ �� U � a N N (II � O. N N � N a c ° m U O J j Q m � m � s � E � n � � Z � c ° o U � J � � (6 m H � U N F �g v F„ a QQo � ��tJ F" K � a � �O Z ~ m� O U m Q � � �w m = Z ¢ c a ¢ d 'u c � 0 U � N Do N � X W N C � N 9 � 7 Z U a U c m � N C N E m Z >, C m a E 0 U c m � N G N � � d � � o � L ^ a � � y ^ d ^ C � � m � 0 m c F"' �n m n F- � U F Z J ¢ M M W L � .3 U N m �Q �� o m� c �.. � iq r `— a�`o� �Y a � « . �y`ro a`o� Q 'i. U � f n � � C .�.. (IS TX� C = N d L O p� �00 - �, CU Y.� n� � C C �� L �N N �d . N N� a� m�m �p � fl.�L NC p)L � O/ CF" �j N� ��N .. r_. > r .�. N c3 yQa_> �Y o�� T� �' C � N � O� p N <OQ >>7� .c_ aoc � N � � U � � C N ..'�• U� m� ��>` a�ia VO�N T� � N �� pt0 NNN am wso� £•y o �� o N a� �.c v i_ - 6 p� �1 � � � N N � y� N °�'L" aN a°.2 � N �� U� ol-�-UL � 0 c�J` W � � O (`) � � � � .� Q' O �R U p � ° QoQin O ��U� �� ll O'� C -.Q �ooi � .-. � �.fl W C L � ��(�p� _ N Q V � V (") �p U (6 N .r�. � C O �L N U O -6 �' � a� � C � N o a -6 i �°�a�c N ��o w � � Q� N c¢ Q �- `' N - p OQ.'�f6�3 �-J -pdQ CO� �� a>wU o L �� p C " "O d0 U �� Ut N Uw_ N L=� t �- o a � -o :_ tAZUQ�mZ� rnrn�rn°-�:�' �O rnrn crnrn �rn` vrn'mo°�-o°'g t�in O��V @t+�< q� "�`� ! �- ! J r CLASS III LICENSE APPLICATION THIS APPLICATION IS StTBJECT TO RFVIEW BY PUBLIC PLEASE TYPE OR PRINT IN INK Type of License(s) being applied for: ��_��_�.P�):IGLi !� �(,t('� Company Nazne: CITY OF SAINT PAUL Office oFLicense, Inspections �� andEnvironmrnW Protec[ion 350 St Pcm[ SL Suim 300 /� a i� Sa'urtPaW,Mmnesoh 55102 U � (612)3669090b<(6Ii)I6F913a l �7 dv If business is incocporated, give date oFincocporation: Doing Business As: 1�� l. U ��0 � C S `) `j b� ' �73 b� Business Phone: Business Address: q 3 3 �47'L,� NT! L 5� �i 1 P� u�— M. N � S'/'0 � Strcct Adc4<ss City State Zip Betw•een what cross streets is the business located? ��—'f� N'�� C l�.�uev�� W�ch side of the street� /V d r`/�j Are the premises now occupied?� What Type ofBusiness� &UZfi7 S�c.c��' T �� ` ` Mai! To Address: R 33 ��(� G"� __ s'� t�c. _ �i•� N S' S I o�6 sa�ce nddr�„ Applicant Infoanation: Name and Title: 7" � First Home Address: state z;p QCc+rtz r 7itle c;ry i �V_. � �� (Maiden) Laat so-�t nedav � 4 ca s�c_ zip Date of Birth: aa / Piace of Birth: L-�-� S Home Phone: �`) �'� �� Have you ever been convicted of any felony, crime or violation of any city ordinance other than traffic7 YES NO ,� Date of azrest: Charge: _ Conviction: r� �-(�-e Midd(e [,v�..�-...�n c-fC Where7 Sentence: List the naznes and residences of three persons of good moral character, living within the Twin Cities Metro Area, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character: �� ADDRESS /3�' (�s�� s � _ 9G��6 «�� . ' �f PHONE a-�3�� -�„� >�-a�946� List licrnses �vhich you currently hold, fotmerly held, or may have an interest in: � /U�F'�S. Have any of the above named licenses ever bzen revoked? YES � NO If yes, list the datzs and reazons for revxation: 2/1 &'97 Are you going to operate this business persona11y7 _'� ygg Fin[ hliAtllo Home Address; 54ect Name City � Y'ou 8oing to have a manager or assistant in this business? please complete the following information; "' hI0 If not, who will operate it7 �'1 •L6� La+t Dat� St°m ZiP Pho— �S � NO If the manager is not the same as the operator, Fint Namc Middle Initial (:.faidrn) [,ayc Date of Birzh Streetiiaae City Please list your emptoyment history for the previous five (5) year period: Business_ /g A_ � D 0. �_ r t ddress IK...� . -f-D � ✓� 3� SS E. State ZiP Phonc '_ Pn.-� , ,t,� �; Sr! . List all other officers of the coiporation: OFFICER TITLE HOME NAME (�ffice Held) ADDRESS HOME BUSINESS PHOIVE PHONE DATE OF BIItTH If business is a partners(up, please include the following informalion for each pattner (use addilional pages if necessuy): �'� _ � . F�� hem� — _ dg1 �era, Home Ad dr�yr , g�N �r�� F;n� x�� Home Add�ess: Strce[ Numc .Vliddle (Mai +w-nj Dv " S Sl sc�w �:., �� Sf°� Zip Phone T�y� lU� E7 � NIINNESOTA TAX IDENTIFICATION NUiviggg _ p�suant to the Laws of Minnesota, 1984, Chapter 502, Article 8, Szcuon 2(270.72) (I'ar Clearance; Issuance of Licenses), licensing auihorities are required to provide to the State ofMumesota Commissioner of Revem:e, the Minnesota business taac identification number and ihe social security number of each license applicant. Under the i�finnesota Government Data Pracpces Act and the Federal Privacy Act of 1974, we ue required to advise pou of the following rzgacding tha use oFthe Minnesota Ta+c Iden�cation Number: - This infotmaGon may be used to deny the issuznce or renewa] of your license in the event you o�ce Minnesota sales, emploger's H'ithholding or motor vehicle e�ccise taees; ' UPon receiving this information, the licensing authority wi11 supply ii only to the Minnesota Depar[ment o•`Revznue. How�ever, undet the Federal Exchange of Information Agreement, ihe Departmznt of Revrnue may supply thi; infonnation to the Irtzmal Revenue Service. Minnesota Ta� Idrntificafion Numbeis (Sales & Use Tar I3u�ber) myy be obtaine�i fi the State of Minnesota, Busines5 Rzcor� Depar�znt, 10 River Pazk Plua ( Social Secur{ty Number: ��6 ^ 3b ^�(�� Minr;esota Tar Fden�cation Number. 37� S� �/ Z — 1f 8 Minnesota Ta�c Iden�cation Number is not required for tht business being operated, indicate so by placiag an"X" in tne bo�. Middic?niiiei iwvi-� - 5'� c;ry 2f t Al97 If applying for, Cabaret ad ult, ptease attach written proof that each empioyee is at least 18 yeyrs old, �� , L �� Conversation/Rap parlor adult, please attach writtrn ptoof tha[ each employee ys at least 18 years old Entertainmeat, please speci{y class A, B, or C licrnse; obtain end attach signatures of approval from 90°/a of your neighbors within 350 feet of the establishment T'his fice� m� � applied for in conjunction with a Liquot, Wine, Malt On Sa1e or RentxllDance Hati liceose, Firearms, please attach a]ettzr with the following infonnation: state if selling or only repairing, Federat Fuearms Licznse Numbe� �y of Anned Services dischazge (Honorabie, General, Bad Conduct, Undesirable, Dishonorable, or no militazy service, (NOTE: Establishment must be commercially zoned.) Game room, please procide the following informalioa: nazne of machine and list price. (NOTE; A Poo1 Hall license is required if there are any pool tables in fhe establisf�ment.) HealthlSports ctub adult, please attach written proof that each employee is at least 18 years old. Liquor off/on sale, refer to attached liquor applicalion. Lock opening semces, please attach a list of all eatployees (with home address and telephone number) who will be doing the lock opening secvice; attach $10,000 Surety Bond. Ma�sage center, please attach a dztailed description oFthe setvices being providzd, hiassage center aduli, please attach wiitten ptoof that each employze is at Ieast 18 yeazs old. ' Massage p ractitioner, please submit proof of successful completion of ��zitten and practical exarns from the City of Saint Paul authorized �xaminer, u�surance �cate showing tioverage of S 1,OOQ000.00 each gzneral liability and professional liability with the City of Saint Paul namzd as an ydditional uv and a 30 day notice of cancellation; proof of affiliation from a licznszd Ciry of Saint Paul therapeulic massage cznter or state licensed health faciliry . 11lotorcycle dealer, please include Stata of Minnesota Deaier Numbzr, New motor vehicte dealer, please ii;clude State ofMinnesota Dealer Number. " Parldng lot/ramp, please include the number ofparlang Spyces� a�d attach plans containing a genc,Ta( dzu�Ptyon of the security provided at the IoUraznp, a site plan showing driveways of the proposed lot and ihe legal description of the property (this requiremenc necessary onis� if no site pIan is curreuUy on file). Attach a cover ]ettet describing your plans to comply with the lighting and painting requiremeau. Pawnbroker, please attach $5,000.00 SuretyBond. Second hand dealer-motor vehicle, please include State ofMinnesota Dealer Number. Second hand dealer-motor vehicle parts, please attach $5,000.00 Surety Bond. Steam room/bath bouse adult, plzase attach written proof that each employee is a[ teast 18 years old. Theater adutt, please attach written proof that each employze is at Ieast 18 yeazs old. 2f 1 &97 CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182 G9 �� I hereby ceRify that I, ot my company, am in compliance with the workecs' compensalion ins�uance coverage requiiements of Minneso[a Statu[e 176.182, subdivision 2. I also imderstand that provision offalse infoanation in this certification consacutes sufficiern grounds for adverse action against all licenses held, including revocalion and suspension of said licenses. Name of Insurance Company: PolicyNumber: Coveragefrom to I have no employees covered under workers' compensation insurance �i(�TIALS) ANY FALSIFICATION OF ANSWERS GNEN OR MATERIAL SUBMTI'TED WILLRESULT I�i 1 DENLAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, snd that the infoixnation contained herein is true and cocrect to the best of my knowledge and belief. I hereby state fucther that I have received no money or oiher consideration, by �vay of loan, gift, contribution, or otherwise, other than already disclosed in the application wf�ich I herewith submitted. I also understand this premise may be inspzcted by police, fire, health and other city officials at any and all times when the business is in operation (REQUIRED for all applications) We e�ill accept paymeat by cash, check (made payable to City of Saint Paul) or credit card (M!C or Visa). Date IFPAYING BYCREDIT CARD PLEASE COMPLETE THE FOLLO{�'ING INFORMATION: � MasterCard � Visa EXPII2ATION DATE: ❑C7/�❑ Name of ACCOUNT NiJ1�ER: ■■■■ ■■■�� ■■■■■■■■ of for all "*Note: If this app;icalion is Food/Liquor related, please contac[ a Ciry of Saint Paul Health Inspector, Siece Olson (266-9134), to review plans. If any substanUal changes to structure are anticipated, please contact a City of Saint Paul Plan Exazniner at 266-9007 to apply fo: building pecmits. If there aze any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Pavl Zoning Inspector at 266-4008. � AII applications requim the fol(owing documents. Ptease attach these documents nhen suhmitting your application: i. A detailed description of the design; lxation and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8 1/2" x] 1" or 8 1/2" x 14" paper): - Nazne, address, and phone number. - The sca]e should be stated such as I"= 20'. ^N should be indicated toward the top. - Placement of all pertinent features of [he interior of the Iicensed facility such as seating areas, kitchens, offices, repair azea, pazking, rest rooms, ete. - If a request is for an addition or e�pansion of the licensed faciliry, indicare both the current arza and thz proposed expansior_. 2. A copy of your lease agreement or proof of ownzrship of thz property. SPECIFIC LICENSE APPLICATIONS REQUIItE ADDITIONAL Nk'ORMATIOti. PLEASE SEE REVERSE FOR DETATLS >>>> 2/18/97 Council File # 9g - G G(� Q Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �0 3 �} •� 7 1 Coxnmittee: Date WF�REAS, David A. Heu d!b/a ABC Motorsports, applied for an Auto Body Repair Garage License for the premises at 933 Atlantic Street; and 4 5 WFIEREAS, the Office of License, Inspections and Environmental Protection 6 recommended denial of his license applicarion because Mr. Hen did not comply with the Fire 7 DepartmenYs requirements for an approved spray booth for issuing a license; and 9 WIIEREAS, by letter dated May 19, 1999, Mr. Heu was advised of the recommendation 10 of denial and afforded an opportuniTy to request a hearing pursuant to Saint Paul Legislative 11 Code § 310.05 befote an Administrative Law 3udge, but did not make such a request; and 12 13 14 15 16 17 18 19 20 21 22 23 24 WFIEREAS, Mr. Heu has not complied with the necessary requirements for the Fire Department to issue approval for an Auto Repair Garage License at 933 Atlantic Street: and WI3EREAS, such actions are a basis for adverse action pursuant to Saint Paul Legislative Code § 310.06(b)(3); now therefore, be it RESOLVED, that the application for an Auto Body Repair Garage License for the premises at 933 Atlantic is hereby denied. This Resolurion and the action taken above aze based upon the facts contained in the Notice of Violation dated May 19, 1999, and such arguments as may have been presented to the Council at the public hearing on this matter. Requested by Department of: BY: RAI� �' ",�C`-i`� Form Approved by City Attorn Sy: AppYOVed by Mayor for Submission to Council By: Appx By: By: Adopted by Council: Date ��_�q� � Adoption CertiEied by Council Se etasy ��,Tm 9q -G�� 2, 1999 GREEN SHEET No 6342'7 Virginia Palmer .'�''�T�'�� TOTAL # OF SIGNATURE PAGES ��.µ,�.� ��._ ❑ qNAii0N1EY ❑ p1YCLFRK ❑ RINYIRI.9RVICEY➢R. ❑ HIANCULBFIlV/ACCTG ❑ Wratlat,us�tr/�xry ❑ �CLIP ALL LOCATIONS FOR SfGNATURE) Concerning adverse action against the license application of David A. Heu, dba ABC Motorsports, 933 Atlantic Street. PU1NNtNG CAMMISSION q6 COMMITTEE. CIVIL SERVICE GOMMISSION IF Fias mis ae��rm erer workea unaer a convact twtnis aeparcmenYl VES NO Has this pcvsoMrm ever been a city empbyee9 YES NO Do� ihis peiso�im paraess a sldll not nwmallypossessM by any wrteM cdy empbyee? YES NO Is this persaVfirm a targetetl vendoY! YES NO JTAQES 1F NOT APPROVED . . . . . ' < ' - , ' . . , _.. . - , ' .. NOONT bF TRTW�AC�ION �S � � CO57IREVENUH BUDGETED (CIHCLE ON� �� YES ' � NU � SOURCE ACTNITYNUMBER INFORMAIIONIIXPWN) . . , . . . , : - , .,,,, � UNCONTESTED LICENSE HEARING Licensee Applicant: David A. Heu d/b/a ABC Motorsports Address: 933 Atlantic Street Council Hearing Date: July 14, 1999 Violation: Failure to Comply with Fire Department Requirements for Paint Spraying Activities Place: Licensed Premises �q_G�� Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of License Application Attachments: 1. Proposed resolution 2. Notice of Violation 3. April 8, 1999 letter from LlEP to license applicant 4. License application and information OFFICE OF TF� CITY ATTORNEY � C!¢yrorz M. RoBinson, Ja, CiryAttomey /1 Ci ► G� ..� CITY OF SAINT PAUL Norm Colemmann, Mayor June 30, 1999 David A. Heu ABC Motorsports 933 AUan6c Street Saint Paui, Minnesota 55106 Civil Divisiors 400 City Ha1l Telephone: 657 266-8i10 ISWestKe!loggBlvd Facsime1e:657298-Sb19 Saint Paul, Minneso[a 55102 NOTICE OF COUNCII, HEARIlVG Coun�E Rasea°ch Center RE: License application of David A. Heu dlb/a ABC Motorsports for the property Iocated at 933 Atlantic St. in St. Paul License ID No.: 19980004547 Dear Mr. Heu: JUL 0 �. 1999 Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p,m., Wednesday, July 14,1999 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are 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 concerning the business premises being in violation of fire and building codes related to the paint spraying activities associated with your auto body repair business have not been denied. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penaity, if any, to be imposed. The recommendation of the license office will be for the denial of your license applicarion. If you have any questions, please ca11 me at 266-8710. Very truly yours, � �� c2'_,�ti. w,c�'� �J �� c�-� +�-c� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessier, Director, LIEP Christine Rozek, LIEP Larry Zangs, LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. Payne Ave., St. Paul, MN 55101 5 Planning Council, 1014 Kathy Moriariy, Community prganizer, Dayton's Bluff Center for Civic Life, 281 Iviaria Ave., St. Paul, MN 55106 CITY OF SAINT PAUL Norm Coleman, Mayor May 19, 1999 OFFICE r^ � CITY ATTORNEY Clayton M :nson, Jr., City �ittomey `{p q9 -� CivilDivision 400 City Hal1 Telephone: 651 266-8710 ISlVestKelloggBfvd Facsimile:651198-5619 Srtinl Paul, Nfinnesot¢ 55102 NOTICE OF PROPOSED DENIAL David A. Heu ABC Motorsports 933 Atlantic Street Saint Paul, Minnesota 55106 RE: License application of Aavid A. Heu d/b/a ABC Motorsports for the property located at 933 Atlantic St. in St. Paul License ID No.: 19980004547 Deaz Mr. Heu: The Director of the Office of License, Inspections and Environmental Protection is recommending denial of your license application. The basis for the denial is: The premises at 933 Atlantic Street do not have a certificate of occupancy. The Fire Department will not issue a cerfificate of occupancy for your business at this location unless you 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 application, pursuant to §310.06(b)(3) of the Saint Paui Legislative Code. At this point you may withdraw your license application or immediately come into compliance to obtain Fire Inspection approval as indicated in Ms. Rozek's letter of Apri18, 1999. On the other hand, if you wish to dispute the a6ove facts, you may request an administrative hearing before an Administrative Law Judge. Tf you wish to have a hearing, you must let me know that in writing. I wi11 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. Page 2 ABC Motorsports May 19, 1999 ag-�� Please be on notice that your 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 aze not permitted to operate without such a license and certificate of occupancy. You must, therefore, immediately 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, �/ ��C�� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Lariy ZangS LIEP Bruce Sylvester, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Kathy Moriarty, Community Organizer, Dayton's Biuff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 q q_GGW STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ARFIDAVIT OR SSRVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 19, 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: David A. Heu ABC Motorsports 933 1�tlantic 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 to before me this 19th dz�.�of May� 1999. Notary Public P�E� � ��NGBORN pTARY pUBLIC — MINNESOTq ' CAmm. ExP��ea Jan. 31. 2pq CITY OF SAINT PAUL �'�'orm Caleman. bfa)ror OFFICE OF LICE�SE, INSPECTIONS AhD �� ENV1R0\MENTALPROTECTIOV �e � Roberr Kessler, Direnor �� LOWRYPROFESSIO:VAL Telephone:6�l-26S9090 BUILDL�'G Facsimile: 651-266-912-F 350 St. Peter Srren Suite 300 Saint Paul, .4finnesotn 55102 April 8, 1999 199800045�7 David A Heu ABC Motorsports 933 Atlantic St Saint Pau] MN 55106 Re: 19980004547 - Auto $ody Repair Garage License Applicarion Dear Mr. Heu, In July, 1995, our office receiered your application for an Auto Body Repair Garage License. Your application, ��19980004547, �;�as processed; ho«�ever, the following item(s) are still required: • Fire Inspection Ap�al • Sib the attached condition affidavit At this time, your ]icense has�ot been issued; therefore, you are not authorized to operate in the Ciry of Saint Paul. Pk�e respond within seven (7) days to let us know whether or not you intend to continue �h this application or wish to permanently withdraw. If you have any questions, pkase call Corinne, LIEP Project Facilitator, at 651-266-41�6. Regards, (?� �. �� Christine Rozek LIEP Deputy Director CAR/cam Enclosure �� '° � � OFfICEOFLICENSE,INSPECTIONSAND /]L��G�jG ENVIRONMENTAL PROTECTION �� Robetl Kessler, Directw SAItlT IAUL � Al1Al1 CITY OF SAINT PAUL Norm Coleman, Mayo� LOWRY PROFESSIONAL BUIl.D/NG Telenhone: (651) 266-9G?0 Swie300 Fac,simle: f65f)26G90?9 350 SR Pefer Sfree! (651) 26G9R< SamtPaui, M.innesWa SSfC2-�SfD I agree to the following conditions being placed on the following license(s}: License #: 19980004547 Type of Business: Auto Body Repair Garage Applied for by: DAVID A HEU Doing Business As: ABC MOTORSPORTS at: 933AlLANTIC ST ST PAUL MN 55106 Conditions are as follows: 1. Customer/employee pasking shall oniy be in the area designated on the site pian, filed with LIEP. This designated area shali 6e marked with signage identifying it as parking for ABC Motorsports. 2. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. 3. Car paRs shall be stored in a covered dumpster. There shall be no exterior storage of vehicle parts. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations. Licensee Date d N ❑ a � LiJ � � rn r � O) y U ` � J � � `" a � 0 � O Q a C 0 m £ w C d N C d V J w � R � N � �_ �� U � a N N (II � O. N N � N a c ° m U O J j Q m � m � s � E � n � � Z � c ° o U � J � � (6 m H � U N F �g v F„ a QQo � ��tJ F" K � a � �O Z ~ m� O U m Q � � �w m = Z ¢ c a ¢ d 'u c � 0 U � N Do N � X W N C � N 9 � 7 Z U a U c m � N C N E m Z >, C m a E 0 U c m � N G N � � d � � o � L ^ a � � y ^ d ^ C � � m � 0 m c F"' �n m n F- � U F Z J ¢ M M W L � .3 U N m �Q �� o m� c �.. � iq r `— a�`o� �Y a � « . �y`ro a`o� Q 'i. U � f n � � C .�.. (IS TX� C = N d L O p� �00 - �, CU Y.� n� � C C �� L �N N �d . N N� a� m�m �p � fl.�L NC p)L � O/ CF" �j N� ��N .. r_. > r .�. N c3 yQa_> �Y o�� T� �' C � N � O� p N <OQ >>7� .c_ aoc � N � � U � � C N ..'�• U� m� ��>` a�ia VO�N T� � N �� pt0 NNN am wso� £•y o �� o N a� �.c v i_ - 6 p� �1 � � � N N � y� N °�'L" aN a°.2 � N �� U� ol-�-UL � 0 c�J` W � � O (`) � � � � .� Q' O �R U p � ° QoQin O ��U� �� ll O'� C -.Q �ooi � .-. � �.fl W C L � ��(�p� _ N Q V � V (") �p U (6 N .r�. � C O �L N U O -6 �' � a� � C � N o a -6 i �°�a�c N ��o w � � Q� N c¢ Q �- `' N - p OQ.'�f6�3 �-J -pdQ CO� �� a>wU o L �� p C " "O d0 U �� Ut N Uw_ N L=� t �- o a � -o :_ tAZUQ�mZ� rnrn�rn°-�:�' �O rnrn crnrn �rn` vrn'mo°�-o°'g t�in O��V @t+�< q� "�`� ! �- ! J r CLASS III LICENSE APPLICATION THIS APPLICATION IS StTBJECT TO RFVIEW BY PUBLIC PLEASE TYPE OR PRINT IN INK Type of License(s) being applied for: ��_��_�.P�):IGLi !� �(,t('� Company Nazne: CITY OF SAINT PAUL Office oFLicense, Inspections �� andEnvironmrnW Protec[ion 350 St Pcm[ SL Suim 300 /� a i� Sa'urtPaW,Mmnesoh 55102 U � (612)3669090b<(6Ii)I6F913a l �7 dv If business is incocporated, give date oFincocporation: Doing Business As: 1�� l. U ��0 � C S `) `j b� ' �73 b� Business Phone: Business Address: q 3 3 �47'L,� NT! L 5� �i 1 P� u�— M. N � S'/'0 � Strcct Adc4<ss City State Zip Betw•een what cross streets is the business located? ��—'f� N'�� C l�.�uev�� W�ch side of the street� /V d r`/�j Are the premises now occupied?� What Type ofBusiness� &UZfi7 S�c.c��' T �� ` ` Mai! To Address: R 33 ��(� G"� __ s'� t�c. _ �i•� N S' S I o�6 sa�ce nddr�„ Applicant Infoanation: Name and Title: 7" � First Home Address: state z;p QCc+rtz r 7itle c;ry i �V_. � �� (Maiden) Laat so-�t nedav � 4 ca s�c_ zip Date of Birth: aa / Piace of Birth: L-�-� S Home Phone: �`) �'� �� Have you ever been convicted of any felony, crime or violation of any city ordinance other than traffic7 YES NO ,� Date of azrest: Charge: _ Conviction: r� �-(�-e Midd(e [,v�..�-...�n c-fC Where7 Sentence: List the naznes and residences of three persons of good moral character, living within the Twin Cities Metro Area, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character: �� ADDRESS /3�' (�s�� s � _ 9G��6 «�� . ' �f PHONE a-�3�� -�„� >�-a�946� List licrnses �vhich you currently hold, fotmerly held, or may have an interest in: � /U�F'�S. Have any of the above named licenses ever bzen revoked? YES � NO If yes, list the datzs and reazons for revxation: 2/1 &'97 Are you going to operate this business persona11y7 _'� ygg Fin[ hliAtllo Home Address; 54ect Name City � Y'ou 8oing to have a manager or assistant in this business? please complete the following information; "' hI0 If not, who will operate it7 �'1 •L6� La+t Dat� St°m ZiP Pho— �S � NO If the manager is not the same as the operator, Fint Namc Middle Initial (:.faidrn) [,ayc Date of Birzh Streetiiaae City Please list your emptoyment history for the previous five (5) year period: Business_ /g A_ � D 0. �_ r t ddress IK...� . -f-D � ✓� 3� SS E. State ZiP Phonc '_ Pn.-� , ,t,� �; Sr! . List all other officers of the coiporation: OFFICER TITLE HOME NAME (�ffice Held) ADDRESS HOME BUSINESS PHOIVE PHONE DATE OF BIItTH If business is a partners(up, please include the following informalion for each pattner (use addilional pages if necessuy): �'� _ � . F�� hem� — _ dg1 �era, Home Ad dr�yr , g�N �r�� F;n� x�� Home Add�ess: Strce[ Numc .Vliddle (Mai +w-nj Dv " S Sl sc�w �:., �� Sf°� Zip Phone T�y� lU� E7 � NIINNESOTA TAX IDENTIFICATION NUiviggg _ p�suant to the Laws of Minnesota, 1984, Chapter 502, Article 8, Szcuon 2(270.72) (I'ar Clearance; Issuance of Licenses), licensing auihorities are required to provide to the State ofMumesota Commissioner of Revem:e, the Minnesota business taac identification number and ihe social security number of each license applicant. Under the i�finnesota Government Data Pracpces Act and the Federal Privacy Act of 1974, we ue required to advise pou of the following rzgacding tha use oFthe Minnesota Ta+c Iden�cation Number: - This infotmaGon may be used to deny the issuznce or renewa] of your license in the event you o�ce Minnesota sales, emploger's H'ithholding or motor vehicle e�ccise taees; ' UPon receiving this information, the licensing authority wi11 supply ii only to the Minnesota Depar[ment o•`Revznue. How�ever, undet the Federal Exchange of Information Agreement, ihe Departmznt of Revrnue may supply thi; infonnation to the Irtzmal Revenue Service. Minnesota Ta� Idrntificafion Numbeis (Sales & Use Tar I3u�ber) myy be obtaine�i fi the State of Minnesota, Busines5 Rzcor� Depar�znt, 10 River Pazk Plua ( Social Secur{ty Number: ��6 ^ 3b ^�(�� Minr;esota Tar Fden�cation Number. 37� S� �/ Z — 1f 8 Minnesota Ta�c Iden�cation Number is not required for tht business being operated, indicate so by placiag an"X" in tne bo�. Middic?niiiei iwvi-� - 5'� c;ry 2f t Al97 If applying for, Cabaret ad ult, ptease attach written proof that each empioyee is at least 18 yeyrs old, �� , L �� Conversation/Rap parlor adult, please attach writtrn ptoof tha[ each employee ys at least 18 years old Entertainmeat, please speci{y class A, B, or C licrnse; obtain end attach signatures of approval from 90°/a of your neighbors within 350 feet of the establishment T'his fice� m� � applied for in conjunction with a Liquot, Wine, Malt On Sa1e or RentxllDance Hati liceose, Firearms, please attach a]ettzr with the following infonnation: state if selling or only repairing, Federat Fuearms Licznse Numbe� �y of Anned Services dischazge (Honorabie, General, Bad Conduct, Undesirable, Dishonorable, or no militazy service, (NOTE: Establishment must be commercially zoned.) Game room, please procide the following informalioa: nazne of machine and list price. (NOTE; A Poo1 Hall license is required if there are any pool tables in fhe establisf�ment.) HealthlSports ctub adult, please attach written proof that each employee is at least 18 years old. Liquor off/on sale, refer to attached liquor applicalion. Lock opening semces, please attach a list of all eatployees (with home address and telephone number) who will be doing the lock opening secvice; attach $10,000 Surety Bond. Ma�sage center, please attach a dztailed description oFthe setvices being providzd, hiassage center aduli, please attach wiitten ptoof that each employze is at Ieast 18 yeazs old. ' Massage p ractitioner, please submit proof of successful completion of ��zitten and practical exarns from the City of Saint Paul authorized �xaminer, u�surance �cate showing tioverage of S 1,OOQ000.00 each gzneral liability and professional liability with the City of Saint Paul namzd as an ydditional uv and a 30 day notice of cancellation; proof of affiliation from a licznszd Ciry of Saint Paul therapeulic massage cznter or state licensed health faciliry . 11lotorcycle dealer, please include Stata of Minnesota Deaier Numbzr, New motor vehicte dealer, please ii;clude State ofMinnesota Dealer Number. " Parldng lot/ramp, please include the number ofparlang Spyces� a�d attach plans containing a genc,Ta( dzu�Ptyon of the security provided at the IoUraznp, a site plan showing driveways of the proposed lot and ihe legal description of the property (this requiremenc necessary onis� if no site pIan is curreuUy on file). Attach a cover ]ettet describing your plans to comply with the lighting and painting requiremeau. Pawnbroker, please attach $5,000.00 SuretyBond. Second hand dealer-motor vehicle, please include State ofMinnesota Dealer Number. Second hand dealer-motor vehicle parts, please attach $5,000.00 Surety Bond. Steam room/bath bouse adult, plzase attach written proof that each employee is a[ teast 18 years old. Theater adutt, please attach written proof that each employze is at Ieast 18 yeazs old. 2f 1 &97 CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182 G9 �� I hereby ceRify that I, ot my company, am in compliance with the workecs' compensalion ins�uance coverage requiiements of Minneso[a Statu[e 176.182, subdivision 2. I also imderstand that provision offalse infoanation in this certification consacutes sufficiern grounds for adverse action against all licenses held, including revocalion and suspension of said licenses. Name of Insurance Company: PolicyNumber: Coveragefrom to I have no employees covered under workers' compensation insurance �i(�TIALS) ANY FALSIFICATION OF ANSWERS GNEN OR MATERIAL SUBMTI'TED WILLRESULT I�i 1 DENLAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, snd that the infoixnation contained herein is true and cocrect to the best of my knowledge and belief. I hereby state fucther that I have received no money or oiher consideration, by �vay of loan, gift, contribution, or otherwise, other than already disclosed in the application wf�ich I herewith submitted. I also understand this premise may be inspzcted by police, fire, health and other city officials at any and all times when the business is in operation (REQUIRED for all applications) We e�ill accept paymeat by cash, check (made payable to City of Saint Paul) or credit card (M!C or Visa). Date IFPAYING BYCREDIT CARD PLEASE COMPLETE THE FOLLO{�'ING INFORMATION: � MasterCard � Visa EXPII2ATION DATE: ❑C7/�❑ Name of ACCOUNT NiJ1�ER: ■■■■ ■■■�� ■■■■■■■■ of for all "*Note: If this app;icalion is Food/Liquor related, please contac[ a Ciry of Saint Paul Health Inspector, Siece Olson (266-9134), to review plans. If any substanUal changes to structure are anticipated, please contact a City of Saint Paul Plan Exazniner at 266-9007 to apply fo: building pecmits. If there aze any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Pavl Zoning Inspector at 266-4008. � AII applications requim the fol(owing documents. Ptease attach these documents nhen suhmitting your application: i. A detailed description of the design; lxation and square footage of the premises to be licensed (site plan). The following data should be on the site plan (preferably on an 8 1/2" x] 1" or 8 1/2" x 14" paper): - Nazne, address, and phone number. - The sca]e should be stated such as I"= 20'. ^N should be indicated toward the top. - Placement of all pertinent features of [he interior of the Iicensed facility such as seating areas, kitchens, offices, repair azea, pazking, rest rooms, ete. - If a request is for an addition or e�pansion of the licensed faciliry, indicare both the current arza and thz proposed expansior_. 2. A copy of your lease agreement or proof of ownzrship of thz property. SPECIFIC LICENSE APPLICATIONS REQUIItE ADDITIONAL Nk'ORMATIOti. PLEASE SEE REVERSE FOR DETATLS >>>> 2/18/97