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272516 WHITE - CITV CLERK � PINJ[. - FINANCE GITY OF INT � PALTL Council �� CANARY��- DEPARTMENT 1 t Bl_UE - IRAVOR Flle NO. � o ci sol tion Presented By + Referred To m ttee: Date Out of Committee By Date WHEREAS, Richard A. �ybierala, d/b/a Poor Richard' s, Inc. , is the holder of Junk Dealer' s License No. 00827 for the premises at 820 Clark Street in the City of Saint Paul, and is the ma.nager of the business carried on at that address ; and WHEREAS, the License Inspector has recommended that the said license be revoked on the following grounds: "1. May 21, 1978 - You had in your possession at 820 Clark Street, a quantity of flat steel which was stolen from the Peerless 4Jelding Company storage yard at Como and Western Avenues. The (Council) will also be asked to take into consideration during this public hearing that on November 8, 1973 they did revoke the second hand dealers (general� license, ��839 . . . issued to Poor Richard' s, Inc. at 820 Clark Street . . . ." and; WHEREAS, the licensee was notified of such recommendation and the grounds therefor by letter of the License Inspector dated December 11, 1978, and that a hearing would be held before the City Council, at which the licensee could appear, be represented by counsel and confront witnesses against him; and WHEREAS, a hearing was held before the Council of the City of Saint Paul on January 10, 1979, and on February 7, 1979, at both of which hearings the licensee was represented by counsel, Allen I. Nilva, attorney at law; and COUIVCILMEN Requested by Depa�tment of: Yeas Nays Butler [n Favor Hozza Hunt Levine _ __ Against BY Maddox Showalter Tedesco Form App by City A o ey Adopted by Council: Date � . Certified Passed by Council Secretary BY � By t�pproved by Nlavor: Date _ Approved by Mayor for Submission to Council By _ _ — By , . ,-„� h�'` ' WHITE - CITY CLERK � PItW( - FINANCE COUIICII y' yJ_('^D� CANA'�'�,DEPARTMENT GITY OF SAINT PAUL � / !�� BI.U� . �A�oR , File NO. 'd'r �^ at: a��i Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 2. WHEREAS, evidence was received from Joseph F. Caxchedi, License Inspector; Officers Joseph P. Stiles and Fred L. Haff, Saint Paul Police Department; and Sgt. Ray A. Grosberg, Saint Paul Police Depart- ment•, and argument and statements of counsel received from both Allen I. Nilva and Terrence Garvey, representing the License Inspector; and WHEREAS, the evidence established that on May 21, 1978, a load of flat steel was stolen from the storage area of the Peerless Welding Company; that at the time of the theft, a pickup truck li- censed to Poor Richard' s Inc. was observed in the storage yard; Richard A. Wybierala was observed unloading on the licensed premises at 820 Clark Street, shortly after the reported theft, approxima.tely 21 pieces of flat steel; the flat steel being unloaded was identified as belonging to Peerless Welding Company; and that Richard A. �Tybierala was the manager of the licensee, and as such the corporate licensee was responsible for his actions; and WHEREAS, the licensee through its counsel was given an opportunity to cross-examine all witnesses, and did not offer any witnesses or testimony; but did request that the entire ma.tter be delayed and con- tinued until a�n. appeal by the licensee of his felony conviction re- sulting from the May 21, 1978, theft is resolved by the Minnesota Supreme Court; and WHEREAS, a copy of this resolution has been mailed to counsel for the licensee prior to its consideration by the Council; now, therefore, be it RESOLVED, that based upon the misconduct as described in this resolution occurring on Ma.y 21, 1978, and upon the prior action of COU[VCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine _ __ Against BY -- Maddox Showalter TedesCO Form Approv by City Atto y Adopted by Council: Date • - Certified Passed by Council Secretary BY gy Approved by 17avor: Date _ Approved by Mayor for Submission to Council BY - – — BY WHITE - C�TV CLERK . � PINW �INANCE GITY OF SAINT� PAUL Council �� . CANAR4' EPARTMENT File NO.��• R��,� BLUE AVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 3. the Council, that the Couneil of the City of Saint Paul does hereby suspend the junk dealers license held by the licensee for the premises at 820 Clark Street from the effective date of this resolution to the date upon which the Minnesota Supreme Court issues its opinion deciding the appeal of Wybierala' s theft conviction, and for such further time thereafter until the Council meets and determines whether revocation, additional suspension, or no further penalty shall be imposed upon the license in question; and, be it FURTHER RESOLVED, that the Council shall meet after being noti- fied of the Supreme Court decision herein to take such further action as ma.y be warranted, it being the view of the Council that although the facts as to the misconduct of the licensee are clear, the Supreme Court deeision might provide grounds for mitigation of the severity of the penalty to something less than revocation at this time; and, be it FURTHER RESOLVED, that this resolution shall be effective upon its passage, approval and publication once as required by the Charter. COUNCIL1�lEN Requested by Department of: Yeas Nays � �H�o�za [n Favor �Hunt �L,evine _ � __ Against BY \�M_addox � �B�y+�N 3howalter Tedesco.� ST/�'ln( Form Appro ed by City orney Adopted by nci : Date Rp � �_ - � i Cert d Pas- by Council Secreta BY ��a--+r-5 19� t�1p ro by Mavor: ate ' ` Approved by Mayor for Submission to Council BY '�� _ — BY � .• ��C�;�'d � �� . .. �.��.�. cF _ �� 1 T T:t��i� =�$� ;��-., CITY OF SAINT PAUL �� i�= DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES =� uu�ninn ;� ;� nn�l►1u ^� �`�° _= DIVISION OF LICENSE AND PERMIT ADMINISTRATION �..• "`'R,�",,.••°`"`` Room 209,City Hall GEORGE LATIMER Saint Paul,Minnesota 55102 MAYOR December 11, 1978 Mr. Richard A. Wybierala 882 Westminster Street St. Paul, Minnesota 55101 Mr. Richard Wybierala dba Poor Richard's, Inc. 400 Whitall Street St. Paul, Minnesota 55101 Dear Mr. L�ybierala: As License Inspector for the City of St. Paul, I am hereby notifying you that on December 27, 1978, a Public Hearing will be held before the St. Paul City Council License Committee in the Council Conference Room 707 of the City and County Court House at 9:00 A.M. . At this hearing, the License and Permit Division will recommend revocation of your junk dealer's license �� 00827, issued to you at 820 Clark Street, St. Paul. The License and Permit Division bases its recommendation for revocation on the following grounds: 1. May 21, 1978 - You had in your possession at 820 Clark Street, a quantity of flat steel which was stolen from the Peerless Welding Company storage yard at Como and Western Avenues. It is our allegation that the above described activity is in violation of the following: Minnesota Statute 609.52 Subdivision 2 (1) . Acts constituting theft. (1) Intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without his consent and with intent to deprive the owner permanently of possession of the property: - t 4 • Page Two Mr. Richard A. Wybierala Joseph F. Carchedi 2. November 24, 1978 - As a result of the May 21, 1978 incident, you were found guilty in District Court of felonious theft. It is our allegation that the above described activity will and/or could result in the following: Minnesota Statute 609.52 Subdiv,ision 3 (2) . Sentence. (2) To imprisonment for not more than five years or to payment of a fine of not more than $5,000, or both, if the value of the property or services is more than $100.00 but not more than $2,500; The St. Paul City Council License Committee will also be asked to take into consideration during this public hearing that on November 8, 1973, they did revoke the second hand dealers (general) license, ,� 839 expiring May 7, 1974, issued to Poor Richard's, Inc. at 820 Clark Street due to your (Richard A. Wybierala) arrest and conviction on October 17, 1973 of felonious theft. You are advised that you may be represented at such hearing by an attorney at which time he will be allowed to cross-examine all witnesses present. Your presence is expected at this hearing. Also, enclosed is a memorandum of procedures used by the License Committee for hearings on license revocations, suspensions, and denials of new applications and person to person transfers. Very truly yours, �� , � JOSEPH F. CARCHEDI, City License Inspector JFC/djc enc. CC - Mr. David Hozza, Chairman, License Committee Councilwoman Ruby Hunt Councilwoman .JoAnn Showalter Councilwoman Rosalie Butler Councilman Leonard Levine Councilman Ronald Maddox Councilman Victor Tedesco Mr. Terry Garvey, Asst. City Attorney Mr. Bernard Carlson, Director Mr. Richard Rowan, Police Chief Captain Gerald Kissling, Police Department � � . w "' • ' : ��`��. LAW OFFIC86 � � NI�GVA AND FRISCH ALLffiT I.NILVA . OERALD S.FRIBCR THOMAS J. LAIIOHLIN 2360 WEBT BEVENTH BTREET— 6ATNT PAUL,MINNEBOTA b6116 MICHABL D.BWOR 61P� 690-1691 � � PAIIL J. OATTO December I8 1978 ��6��t �D�� PAIIL A.WSIN(7ARDSIIi � ' p�V�S�Qi � �i� �tr,j.sV�� APdC� PE�iJ�1T l;��,�;,�;�-��,�;, -��;��f l.';.:l; � � jc?s� } DEPAR�'l�=�;.� : �:�:" ;;��;,°,�� .�: : Mr. Joseph F. Carchedi . , A(�!D [V?/;;�,��t'.�"=�'�?T ��RVtC'�. City �,icense Inspector , Department of Finance and �_ " Ma.nagement Services �+ � Division of License and Permit Administration 209: City Hall - Saint Pat�l�, Minnegota.°�•�5i02 . ,. : ,. Re:�� Mr. Richard Wybierala ` � Poor Richard's, Inc. 400 Whiteall Str�et • , . Saint �aul, Mint�esota 5,5101 Dear Mr. Carchedi: Your letter dated December 11, 1978, directed to Mr. Richard A. Wybierala, informing him that on December 27, 1978, at 9:00 o'clock a.m. of that day, a public hearing will be held before the Saint Paul City Council License Committee, in the Cauncil Conference Room 707 of the City and County Court House, for the purpose of recommending revocation of Junk Dealers License No. 00827, issued for 820 Clark Street, Saint Paul, Minnesota, has been turned over to me for attention. For your information, there is a hearing presently scheduled before Honorable Harold W. Schultz, Judge of the District Court of Ramsey County, Minnesota, for December 21, 1978, on a Motion to set aside the verdict of "guilty" returned against the defendant on November 24, I978; or in the �lternative that a new trial be granted in the interest of �ustice, based upon irregularities in the proceedings of the jury, misconduct of the �ury; that the verdict is contrary to the wefght of the evidence; that the verdict is not supported by substantial evidence; and that the Court erred as a matter of law in permitting �testimony regarding the value of the steel allegedly stolen by the defendant without requiring proper foundation for said testimony. There is also a Motion fox an order granting a summary hearing requiring investigation into the alleged misconduct of the jury. . � - Mr. Joseph F. Carchedi - 2 December 18, 1978 For your further information, notwithstanding the Motions above referred to in behalf of Mr. Wybierala, he is being subjected to a pre-sentence invesitgation by the Court Services Department of Ramsey County and is scheduled for sentencing before Judge Harold W. Schultz, on January 11, 1979, at 1:30 o'clock p.m. of that day, which will take place unless the Motions in behalf of Mr. Wybierala are granted by the Court. I wish to further advise that I will be engaged on December 27, 1978, and will not be able to appear before the License Committee of the City of Saint Paul on that particular date. In veiw of the fact that P�otions are presently pending before the Honorable Harold W. Schultz, which will determine the future progress of this matter, as well as the other factors set forth in this letter, and the further fact that I will be engaged on the date of the scheduled hearing, I would greatly appreciate your setting over the hearing in this matter until the latter part of January, 1979, or the early part of February, 1979. Thanking you in advance for your courtesies and cooperation in connection with this ma.tter in granting the continuation of the hearing scheduled, as requested, I remain, Sincerely and respectfully, NILVA AND FRISCH, P.A. � llen I. Nilva AIN:rm cc: David Hozza, Chairman, License Committee .s,-m�y.,� . . � -=�`'T'.=`�Y CITY OF SAINT PAUL � „�.-� '�� , �'��'��FFICE OF THE CITY ATTORNEY ..� �� ;' � `-i � �_ . SUZANNE E. FLINSCH, CITY ATTORNEY �--_��>�` 647 Cty Hall,Saint Paul,Minnesota 55102 ��R��,�1� � 612-29&5121 hC.�1YOR ` Fe�ruary 8, 1979 Mr. Al�en I. �ilva Attarn�y ai� Law 23�0 W�st Seventh Str�et - Saint Paul, Mirmesota 55116 Dear Mr. N�lva: �,ttached is a copy of t�ie resolution, drafted per the decision of the City Council on F�bruary 7, 1979. It will be considered by the Cati:.�ncil �n. ai� �i�elih�ud at its regu.lar meeting on Tsesday , February 13, 1979. Yvu shoLld check with the City Clerk to confirm � this dat�. �'h� Coimcil will affo_d you the opportunity to speak to the reso- Zution, its language �d result, but normally will not take new testino�S or evi.dence, or re-open the heaxing. �'ours v�ery truly, _ �' FHTL I'r is. is i�,IdE � Deputy Cit� Attornep FBB:jr �t�achm�nt ' cc: Te�rence Garveg David Hozza �.� WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PAU L Council - CANARV - DEPARTMENT File I�O. BLUE - MAVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date � Page 3. the Coun ' �, that the Council of the City of Saint Paul does hereby suspend th �'`.'unk dealers license held y the licensee for the premises at �0 Clark Street from the e fective date of this reso- lution to the �.te upon which the Minnes a Supreme Court issues its opinion dec ing the appeal of Wybier a' s theft conviction; and, be it �� FURTHER RESOLV that this resolution s 11 be effective upon its passage, approval d publication once as quired by the Charter. , COUNCILMEN Yeas Nays Requested by Department of: Butler Hozza In Favor Hunt Levine _ __ Against BY — Maddox Showalter Tedesco Form Appr b� City Atto n Adopted by Council: Date — • Certified Passed by Council Secretary BY � sy t�lpproved by iNavor: Date _ Approved by Mayor for Submission to Council By _ BY