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270522 WHITE — CITV CLERK a �.,� PINK — FINANCE �7 CO�IIICLI CANARY — DEPARTMENT G I TY OF SA I NT PA ll L ������x�� � BLUE — MAVOR File NO. � � Co nc 'l e u ion Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Mr. Ray Anderson, d/b/a Ray Anderson & Sons, holds a Junk Dealer' s License for the premises located at 541 DeSoto Street, Saint Paul; and also holds Rubbish Hauler Vehicle Licenses for two trucks; and WHEREAS, the License Inspector has recommended that the Junk Dealer' s License be revoked, and that the Rubbish Hauler Vehicl� Licenses f�r which the licensee is seeking renewal, be denied, on the following grounds: " (Y)ou have conducted your business (rubbish hauling) , causing it to become (alleged) a neighborhood nuisance and because the complaints are still being received even after various cit�r departments have discussed this with you . . . . ' Letter dated December 29, 1977 . 2. "Failure to enclose the licensed premises wi�h an opaque and/or vertical fence or wall." Letter of December 29, 1977. 3. "Januaxy 11, 1978 - operating a solid waste station without first obtaining the proper license. r January 11, 1978 - operating a rubbish truck(s) without first obtaining the proper license." Letter of January 11, 1978. ; and � WHEREAS, the above grounds were communicated in writing to the licensee by certified mail to both his home and office addresses, COUNCILMEN Yeas NaS�s Requested by Department of: Butler Hozza [n Favor Hunt Levine __ Against BY — ' Roedler S ylvester Tedesco Form Appr ed by City tto ney Adopted by Council: Date - Certified Passed by Council Secretary By_ r sy Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � ���������� 't�`. . tJ Page 2. together with a notice that there would be a hearing on the above ma.tters before the License Committee of the City Council on February 1, 1978, at 9:00 A.M. in Room 707 of the Courthouse; and WHEREAS, the licensee appeared at said hearing with his attorney, Stan�ey Mosio, and was permitted to cross-examine wit- nesses, present evidence and testimony on his own behalf, and argue; and all testimony was taken under oath before a court reporter; and WHEREAS, the License Committee received testimony from Joseph F. Carchedi, License Inspector; Richard W. Jents and Holly Michaud, Deputy License Insp�ctors; Wilfred Webber, Emil Ma.rtinez, Dick Kadrie, Adelaide Osmek, Lilian Yekaldo and Jam�es Richie, all neighbors and/or members of the Payne-Minnehaha Community Council; Alice Murphy, Mayor' s Complaint Office; Tim Culver, Merrick Community Center; Tony Ma.tlock; John Essene, C.P.A. ; and Ray Anderson, the licensee; together with photographs, petition, ma.ps and other physical evidence consisting of Exhibits 1 through 34; and WHEREAS, the evidence established that the licensee owns and operates what is prima.rily and substantially a rubbish hauling busi- ness, using for that purpose two trucks which are licensed and for which renewals are sought; and in the conduct of such business the licensee uses two separate premises, the premises at 541 DeSoto Street which is presently licensed for operation of the business of junk dealer (a separate license) , and two adjacent lots to the west of 541 DeSoto Street (hereafter described as the "RM-2 lots") ; and that the licensee is operating two unlicensed activities on the RM-2 lots, that of solid waste collection and transfer, and that of junk dealer, for neither of which the licensee has ever sought or obtained the proper license; and tY�.at although the premises at 541 DeSoto is licensed for the business of junk dealer, the licensee neither carries on any such business for that location, nor has the proper opaque fence as required by the ordinance; and that the refuse, garbage and solid waste present on the RM-2 lots constitutes a public nuisance, and is unsightly, dangerous to health and safety, and a potential rat and other rodent harborage; and that the licensee has invested substantial sums of money in the business of rubbish hauling, mortgaging his home and procuring a federal Small Business Administration loan; and that his business is prima.rily concerned with industrial and commercial accounts; and WHITE - C�TV CLERK pp!!���� PINK - FINANCE GITY OF SAINT PAUL COUIICII `����-{ , CANARV - DEPARTMENT BLUE - MAVOR File �O. �� �`f����`"J � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the License Committee is of the belief that the conduct of any solid waste collection or transfer, or junk dealing, on the RM-2 lots is presently unlawful, unless the licensee can establish either a prior lawful nonconforming use or can seek the proper zoning change; and that therefore what is required at the RM-2 lots is executive enforcement activities by the City in the ev�nt the licensee does not cease or cure the unlawful activities; and WHEREAS, the licensee has not provided the proper obscuring fence around the premises at 541 DeSoto Street as is required by the junk dealer license ordinance; and J WHEREAS, on the basis of all of the evidence, on the basis of the appearance and demeanor of the witnesses, an examination of all photographs and other documentary evidence, the License Committee voted 3-0 to recommend to the City Council that the junk dealer' s license be revoked, and that the rubbish hauler vehicle licenses be renewed; and WHEREAS, a copy of this Resolution as proposed by the License Coc�nittee has been ma.iled both to the licensee and to the licensee' s attorney before appearing on the Council agenda; now, therefore, be it RESOLVED, that the Junk Dealer' s License held by Ray Anderson for the premises at 541 DeSoto Street is hereby revoked; and, be it FURTHER RESOLVED, that the Rubbish Hauler Vehicle Licenses held by Ray Anderson are hereby renewed. COUNCILMEN Yeas Nays Requested by Department of: Butler � Hozza In Favor Hunt Lev� �__ Against BY Sylvester Tedesco �`�� 9 j�78 Form Appr ed by City A orne Adopted by Council: Date — - Certified Passed by Council Secretary BY- B, ` FEB_1_ � t978 Approved by Mayor for Submission to Councii Ap by Yla��or: e — By BY p�sl_►s�r� �EB 1. 8 1978