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
�
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'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