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262508 WH17E - GTY CLERK . PINFy - R`IJIANCE COUI1C11 CANARY - DEPARTMENT GITY OF SAINT PALTL BLUE - MAYOR File NO. ��� ' �. ' �- Council Resoluti n Presented By LICEi�SE COI�Il�LCTTEE Referred To Committee: Date Out of Committee By Date RESOLVED: That Second Hand Dealer General License No. 839, expiring May 7, 197�t, � issued to Poor Richards, Inc. at 820 C1ark �treet, be and the same is hereby revoked upon recommendation of the Depaxtment of Public Works and other agencies of the City of St. Paul because of numerous violations and conviction of felonious theft that have recently occurred at this establishment. REVOCATION COUNCILMEN Requested by Department of: Yeas Nays � Butler Konopatzki �_ [n Favor Levine Meredith ✓ Against BY ]6�pqt Roedl@r Tedesco Mme.President $D� Hunt Adopted by Council: Date �OV 8 1973 Form Approved by City Attorney Certif' ed by Cou '1 r ary BY By Appro by M . Date Approved by Mayor for Submission to Council BY By PUBUSHED NOV 17 1973 , . . . . J S ;� P SS �`�25� . _ �� � � � �� ,- 1�- � � .n��� �e � ��� 5 ��"z- �'�5 � �"'�' }� ir - CITY OF SAINT PAUL OFFICE O��wT:HE CITY ATTORNEY October 23, 1973 R. SCOTT DAVIES Mr. Roger Conway Acting License Inspector 101 East Tenth Street Saint Paul, Minnesota Dear Mr. Conway: Enclosed is a Notice of Revocation Hearing which should be personally served upon Richard Wybierala immediately after you sign the notice. As you see, e revoca ion hearing date is November 2 1973 and, therefore, this notice must be servec �y c� toT er 23, 1973. If Wybierala is unable to be found, leave a copy at his place of residence and place of business. Have the person who serves this notice sign a paper indicating the date, time, place and ma.nner of service. Yours truly, �i�L.t.�j . PIERRE N. REGNIE Deputy City Attorney PNR:j r Enc. City Hall, Saint Paul, Minnesota 55102 612 298-5121 � � ���3 � - a a��i ♦ e�- /�Gr�. d� � ��('�►'�,� ���ro�-��-�-� _ ��� �� � � �� � `+i������� �' v � s��/4'��i�Z� � ` .� � ��-�i'' ��`� �O �� �- � �?�[Ot�i' / G �1°` ' � `�� r (// � ����! . / I • s/�/�i� �'�� ��t f��P r � �- C° c�I PS'_ '_ . . ' � ' ' Cr � vQ,� � a.G��� Pv� /C'1� Y�,�� � /�� p �'L . . . � ' , - /��z 3 �7 � ��` /b .� y� ,�-.-c� NOTICE OF HEARING '262�08 TO CONSIDER REVOCATION OF LICENSES T0: Richard Wybierala, d/b/a Porr Richard' s, Inc. , Poor Richard Enterprises and Metro Refuse, Inc. RE: City Refuse Licenses 91, 92, 9�, 94, 95, 96 and 97 ; Second Hand Dealers License; Junk Dealers License NOTICE IS HEREBY GIVEN, that on the 2nd day of November, 1973, a public hearing will be held at 9:00 a.m. before the License Committee of the Saint Paul City Council in the Council Meeting Room, 707 Court House, Saint Paul. On such date the Department of Public Works will present evidence, as will other agencies of the City of Saint Paul, in support of their recom- mendation that the City Refuse Licenses issued to Metro Refuse, Inc. and Poor Richard' s, Inc. and the Second Hand De�.ler License and Junk Dealer License be revoked. In support of its recommendation for revocation of the licenses listed above, it is alleged as follows : 1. The Public Works Department alleges that Metro Refuse, Inc. and Poor Richard' s, Inc. , wilfully refused until October of 1973 to pay fees and charges for the disposal of solid wastes at the Pig' s Eye Landfill incurred during the months of Ma.y and June, 1972. In making this recommendation the Public Works Department relies on Chapter 321 of the Saint Paul Legislative Code and resolutians adopted pursuant thereto which provide for fees and charges for the disposal of solid wastes at the Pig' s Eye Landfill while it was in operation. This failure to comply with Saint Paul Legislative Code Chapter 321 is a basis for revoking the licenses under Section 319.03, Subd. D of the Saint Paul Legislative Code which provides as follows: "The City Council ma.y suspend or revoke ��i2�'o such license when the licensee neglects V or fails to���comply with the provisions of applicable Minnesota Statutes, City ordinances or the rules an d regulations of the Department of Public Works as approved by the City Council with reference to solid wastes." 2. In September of 1973, Richard Wybierala was convicted in Ramsey County District Court of disorderly conduct involving an assault upon one of his employees and a sixteen year old girl, such conduct taking place on August 11, 1972. 3. Poor Richard' s, Inc. was convicted on April 30, 1973, of unlawfully causing a conduct of a salvage opera- tion at or in the vicinity of 500 Whitehall Street in the City of Saint Paul by open burning, a violation of Saint Paul Legislative Code Sections 445, 445 (A) , A.P.C. 8. Such violation occurred on February 9, 1973. 4. Poor Richard' s, Inc. was convicted on April 30, 1973, of unlawfully causing open burning of refuse at or in the vicinity of 400 Whitehall in the City of Saint Paul, a violtaion of the Saint Paul Legislative Code Section 445, 445(A) , A.P.C. 8. Such incident occurred on February 9, 1973. 5. Richard Wybierala was found guilty on Ma.y 10, 1973, of intentionally receiving stolen property, to-wit: two birch trees which were the property of A. J. Ryan Landscape Company and of a value of l�ss than $100.00. This incident occurred on or �bout Ma.y 28, 1972, and the trees which were stolen were found on the business premises of Richard Wybierala. 6. On October 17, 1973, Richard Wybierala was convicted of felonious theft, which involved the unlawful retention of six stolen outboard motors upon his business premises. ' �- . , , . ���All of these charges constitute misconduct on the part �� of the licensee and, therefore, constitute grounds for revocation of the licenses pursuant to Section 331.01 of the Saint Paul Legislative Code which allows for revocation of a license for misconduct of a licensee and also violation of Sections 319.03 and 341.07 of the Saint Paul Legislative Code. YOU ARE HEREBY NOTIFIED, that at such revocation hearing you may appear by yourself or you may appear with legal counsel or any other authorized representative. You will be allowed the opportunity to cross examine any witnesses, examine any documents presented and to present any relevant evidence on your behalf. Respectfully submitted, Roger Conway Acti�.g City License Inspector ' Ci;t� F • � . 1 . . • ��� �.`� , . �I�� WILLIAM B. RANDALL, � UNTY ATTORNEY • RAMSEY COUNTY, STATE OF MINNESOTA ,fi.... ;i Ramaey County Court House . Saint Paul,Minneata 55102 :I..� i THOMAS M.QUAYLE C.`...;h. �`'�' EDWARD E.CLEARY PAUL�. LINDHOLM C/VlL DEPT. �, �' ° -� HOSP/TAL,WELfARE&DOMEST/C CR/M/NAL DEPT. ;`��4, RELATlONS DEPT. October 19, 1973 ,��'�� �� Mr. Joseph F. Carchedi License Inspector St. Paul Police Department 101 East lOth Street St. Paul, Minnesota 55101 Re : Richard Wybierala Dear Sir: This is to inform you that Richard Wybierala who, T understand, holds a license for trash collecting and for a junk yard, has been convicted of the crime of felonious . theft. This was in connection with his having possession of several stolen outboard motors on his premises. The conviction occurred on October 17, 1973. :Between the time Mr. Wybierala was initially charged and �co date several search warrants have been executed at his place of business at 4�00 Whitehall, St. Paul, Minnesota and many more items of stolen merchandise have been obtained. I call these facts to your attention for appropriate act ion. Ver�truly yours, / ' p �.�=.�`� � ��>`� PEL/ms PAUL E. L�DHOLM Assistant Ramsey County Attorney cc: Honorable Lawrence D. Cohen Mayor C ity of St. Paul 3�F7 Court House St. Paul, Minnesota 55102 5n r � � ' �' -('�G��c� � � � . . �V° ��'"������'�V CITY OF SAINT PAUL �►TY OA� 6 � �SQ y� �' � Albert B. Olsoe Ha�ry E. Marahall o ������������ a City Clerk and ,s` °�•�.•1C"i' a Council Recorder Council Secretary ,�� h� +.. OFFICE OP THE CITY CLERK BUREAU OF RECORDS �86 Cit7�Hall St.Paul,Minnesota 55102 ����� � Oetober 23' 1973 Mr. Dean Meredith� Chair�asa License Committee Room 704� C3ty Hall St. Paul, Minnesota Dear S�.r t Attached for your it�formation ia a letter recelved a�t today'� Council �eeting from Poor Richarde, Inc. at�uounein� a change in the rnmership of Poor Ria�arci�, L�►c. and their intentiou �o i�sdiate]y t�ersir��e t►t� �sabnd b�nd clealer 'buainess. Yoqx'!t v�erY '��Y s Glt,y C1erk ABQ mw t Mr. Carchedi Lie�nae Zaapector O � � � • � . y � . . . • . , . , , October 19, 1973 City council City of Sairt Paul Ci�y Hali Sto Faul, Minnesota �� D_?ar Mesdames and Gentlemen; ����i Please be advised that Richard A. Wybierala has transferred �,11 of' p;_s corporate stock ir� Poor Richards, Inc. to William T. Butler, 8 9 37 3rd Av�nue South, Bloomington, Minnesota 55420o Effective immediately, Mr, Butler is president of' the corporation. Beca�,�se of the recent difficuities Mr. Richard A. Wybierala had reiating to the second ha.nd iicense issued to Poor Richards, Inc., it is the intention of the corporation to immediately liquidate the second hand merchandise it has on hand, and to terminate its business completely as a secox�d hand dealer. The corporation wil.l continue ir_ the rubbish and tr�,.sh ha�_,ling business and junk dealer, which deals primarily with the purchase and re-sale of scrap metals. V�ry truly yours, POOR RICHARDS, INC, ��y__-��'�?�'/L'� � �1,� William T. Bu�ler Its President t1 �- e������. ' .' ' � � � . . ' � �� �� October 19, 1973 City Council City of Saint Paul City Hall St. Paul, Minnesota Dear Mesdames and Gentlemen: Please be advised that Richard A. Wybierala has transferred all of his corporate stock in Poor Richards, Inc. to William T. Butler, 9837 3rd Avenue South, Bloomington, Minnesota 551+20. Effective immediately, Mr. Butler is president of the corporation. Because of the recent difficulties Mr. Richard A. Wybierala had relating to the second hand license issued to Poor Richards, Inc., it is the intention of the corporation to iriunediately liquidate the second hand merchandise it has on hand, and to terminate its business completely as a second hand dealer. The corporation will continue in the rubbish and trash hauling business and junk dealer, which deals primarily with the purchase and re-sale of scrap metals. Very truly yours, POOR RICIiARDS, INC. � - : r William T. Butler `—` Its President . _ C,� a��; 5��`' . � � a,�.,3 ` " ' � 224-4345 ` JOHN E. DAUBNEY ! ATTORNEY AT LAW 73B MINNESOTA BLJILDINl3 ST. PAUL, MINNESOTA 55101 November 12, 1973 . , _ � — �. a = � W � �, r � T< � „ W � 0 o � m m O m� N � � � D � y � a � �a Vf � O The H '^ N m O ¢ � Q- � � Z City ° N � � pxi � s O o City � 'N W a o m A St. P Z tCi� � �o � � � m � Z � {, N T � �� T � N � � � � � �� � Q Dear 1 � � �•� D � I � 'j � o "'� r o � .ty of St, W :•''� nni m �t made 1 � y � o 'its T attort - f r^ � ��� � � T o Z �{ ,� o 0 0 � �o er's � s K � A T Licen: � �, m � n ��D �oZ ~� A Z mDi ¢� O � O � O�!1 . ' _..��� K O_. ."3' Z > - . ''�''' ^7 �• � � �� � � � y � W� O z � fA � � � �TN I I I I O � y •^I � ! Zm� � H ` � j � ��N C � S -�yC • C � � � JED:rm mo� � � � Enclos T °° p � Z � r �+m .t cc: A >Z� o n O o�� � � -F -a rrt �t AD� � � O c i A IA '� o, <rR, � O � � �7 o�p .} '3 3 N "Z� � � � S �b4 m v+ m�b � O � + o „ ' D�Zi, fl � Q ' O � �1 '^ . n � } O D O � � � - C.11� • (� � � �Z T .�/1 A tn� O � � -D-��� � �- � Q � � r�- . . v�� 3 � Cl � x �� � o .{ �o � m- M w • � ♦ � ' ` + . � 2 24=4 3.F 5 �` w JOHN E. DAUBNEY � ATTORNEY AT LAW ♦ �,,,�?,�f3 fv11NNESOTA BLJILDING �` ST. PAUL. MINNESOTA 55101 bitrv+e�be! t2� 1973 Th�e Har�►zable, Tl�e Cftg �n�ctl City of St. Paa�l City Hall St. Pau�, Mia�e�sa�C,a 55I03 Set Pvor Aic.l�ard�, T�ac.. Dear Mrs. t�tt I�rs. Batl�err s� G�atl+r�sr �claseci 1�rein i� Secoc�d �a�d I�eeles`s t.i.ceue isst�ed b�r t.bs CiLy of St. Pagl t�a P�r Ri�c2�ards, Inc. im aceosd�ace �#.Lh t.i�e oral ata�t �ade � the Cityr Coeracil a�-:;�eaked bg itilli� �itla�c eu�t �s�elf; as its t�tLo�fUly� to the License Committee. �te are h�e�#.th tnzaing ia fa� cas�llaCfcrx� Lbe Seco�d Hand Drealer's Licease �o. �t�839 heretaf�ce ia�sued � Paas Rlcbarda, Iaa�. V:ry L�1� �zst SOi3�f �. AAtJS�T .IEDsz�mh Eacloa�re � �cs A}.€red Olson� Cit�r Clerk t�ctU��r 2,�� lrf7� �"��. I3eat� t�:�re�:�3t:i, Gl��ix•�a�.n z..iccnse Cor:�.mitt�� :;0:�.;7 '�'0�y �;it;r ??��1 ::t. Pt�ul� :�inn��c�t� i�a�' Sir: ?�ttachec� �'or yaur ix��'arrnati.�rt is �, 1��ter rec�iv�ci �t t.�r:���,•'s CouT1t�1T �tle�fi'.j.ri� t^`rO�i <'c�t11 zZicharcis, II1C• �331I1i'1�U�'1Ca.t'i� �. Ch�YI�t^ in the ow�aers2ai� o� Paor F2ich8.z°c�s, :Inc. and their intentia� �tr l�ec�ia�sly teras#xta�e t�ie a+��tt3 k�rl de�l.er btt�sineee. Ycaur$ ver�r tru1,Y�, City Cl�rk .F.;30:,��r cc: l�r. G�rch�d3, Zicense in��ec�e�M November 13, 1973 Mr. Jbse�h Carchedi License Inspector Dear Sir: Attached for your information is a letter of John Aaubney, attorney for Poor Richards, Inc., returning the Second Hand Dealer license issued to th at cornoratlon. very truly yours, City Clerk ABO:ml --•` ^ ---- LAW OFFICES ❑F JOHN E. DALJBNEY 73B MINNE50TA BLIILDING ST. PAUL, MINNESOTA 55101 The Honorable, The City Council • City':of St. Pau1 . ` City Hall • St. Paul, Minnesota 55102