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Community & Human Services Cte Minutes 09-21-1988 MINUTES • Community and Human Services Committee September 21, 1988 1:00 P.M. Council Chambers The meeting was called to order by Janice Rettman, Chair, at 1:00 p.m. The following were in attendance: Janice Rettman, Chair; Bob Long, Councilmzmber; Bill Wilson, Councilmember; Roger Goswitz, Councilmember; Jim Scheibel, Councilmember; Kiki Sonnen, Councilmember; Paul McCloskey, City Attorney's Office; Joe Collins, Legislative Aide; Jim Murphy, Progra� Anal.yst; and Barbara Benson, Secretary. A motion was made to approve the minutes of the September 7, 1988 Community and Human Services Conmittee meeting. This was seconded and passed unanimously. Rettman announced that the item scheduled on the agenda for 1:15 p.m. (request from Joy Donovan, a lobbyist for animal rights, to make presentation to the City Council iegarding Pound adoption policies) has been laid over to October 5; 1988, at Joy Donovan's request. The first item concerned City Council Agenda 8/23/88, Item No. 13: Resolution - 88-1385 - Approving the appointment by the Mayor oi Arlend Wilson to serve as a member of the Mayor`s Ad Hoc Traffic Safety Committee, term to expire March 31, 1989. This committee was established to make recommendations which will reduce accidents and injuries resulting from not using auto restraint seat belts and driving while under the influence of drugs, • including alcohol. Arlend (Buzz) Wilson introdu�ed himself, stating that he was employed with the Department of Public Safety from February, 1958 to June, 1988, in several different capacities, one of the latter being Program Supervisor of Driver Vehicle Services in the Driver Evaluation Section. He has the ability to interpret, as uxell as administer, rules and regulations. Bob Long made a motion that this resolution be recommended for approval. This passed on a 3-0 vote. The next item concerned City Council agenda 9/6/88, Item No. 11: Resolution - 88-1452.- Establishing the Food and Nutrition Commissi6n as.an ongoing commission.and appointing members to the Cammission as designatad by the Director of Community Services. Jim Murphy noted that the Food and Nutrition Co�nission was established in 1985. It had a two-year sunset clause which ended in June, 1987. This resolution will establish that its members be staggered. James Blaha and Katheryn �nderson are appointed to one-year term; to two- year terms are James Scheibel, Richard Goebel, U. Beate Rrinke, and Sherman Eagles. Jim Scheibel addressed the issue, stating these people are all current members of the committee, that this is a reappointment. They will prepare a work plan to be presented to the City Council. He lauded their backgrounds, abilities, and achievements. Bill Wilsor made a motion that this resolution be recommended for approval. This passed on a 4-0 vote. The next item of business concerned City Council Agenda 7/28/88, Item No. 56: Resolution - 88-1153 - Suspending On�Sale Intoxicating Liquor, Sunday On Sale and other licenses held by Arnold Kampa, dba Patrick's Lounge, located at 1318 W. Larpenteur Avenue. (Not contested.) (At the request of the attorney representing Patrick's Lounge, the iteia Was laid over to September 21, 1988 so that we may have all alleged violations heard at the same time.) ?hil Byrne, City Attorney's Office, explained that • there are three separate dateson which otfenses occurred: March 28, May 11, and August 5, I988. Much discussion ensued regardiag the matri.x, the severity of the violations, � MINUTES Community and Human Services Committee • September 21, 1988 Page Two the penalties in question. Rettman asked Byrne if this is still non-contested. Byrne answered that it would be fair to the license holder to first make that determination, whether he wants to go to a hearing or continue on a non-contested basis. Byrne observed that the matrix was effected July 7, 1988, so does not apply to the first two incidents. He added that, technically speaking, this would only apply to the August 5th violation. Discussion ensued regarding the penalty. Kiki Sonnen made a motion that the license be suspended for ten (10) consecutiz�e days. Byrne noted that - the other side should be heard before a penalty is imposed. Treatment of the offense (times of appearance) was discussed; Rettman noted the consensus of those present is that this will be considered as a first appearance in front of the Council. Jerome Phylla introduced himself as the attorney representing Arnold Kampa, the owner of Patrick's Lounge. He announced that if the Committee is considering the last incident as a second violation, he would request an administrative hearing; as the Committee is not, he stated it is Mr. Kampa's wish to proceed today. The violations were discussed by Kampa and Phylla. Kampa noted employees present when the incidents occurred have since been fired; signage has been increased; insurance carriers have been instructing employees on a number of items; a bouncer has been hired full time. Long discussed amending the motion on the floor to eleven (11) days because of the three dates and the seriousness of the offenses. Sonnen accepted the eleven (11) days as a friendly amendment. A resolution will be drafted by the City Attorney`s Office noting the change from the matrix because of the number of violations and tHe•seriousness. A resolution will be • drafted and signed by the Committee Chair recommending license suspension for eleven (11) days. This action was recommended on a 4-0 vote. The next item concerned City Council Agenda 6/3/88, Item No. 5: First reading - 88-1071 - An ordinance amending Section 310.03 of the Legislative Code pertaining to Uniform License Procedures for investigation and review of new applications for BCA and FBI checks of Class III licenses. (Laid over to August 17, 1988 so that Jerry Segal may review author's potential amendments.) (Laid over from August 17, 1988 so that Ms. Sonnen may address the issue.) (Laid over to September 21, 1988 so that Ms. Sonnen may be present at the Committee meeting.) This ordinance was drafted to allow the Police to get criminal history records from the FBI and BCA. The Police can then perform a more thorough criminal check with Federal and State records. The original ordinance required the inspector to obtain from the Police the criminal historq of all individuals who own and manage the licensed business. The Committee requested Jerry Segal to amend the ordinance and substitute the word "may" for the word "shall" on the third line, subsection (b). Don Winger, Police Vice Unit, addressed this item, noting this will include four circumstances: 1) address outside the State of Minnesota for five (5) years; 2) listing all arrests during the past five (5) years, local or state; 3) information indicating arrests or warrants outside the State of Minnesota; � 4) other information, developed by the City Attorney's Office, Police Department, or Licensing Division. Modification of the green sheet was discussed. Rettman noted that Jim Murphy will meet with Don Winger to prepare the green sheet to accurately reflect the four items and indicate where found in licensing and police procedures. Richard Neumeister introduced himself, stating this issue needs more clarity, noting that it is important that these checks are not made in an arbitrary fashion. • Patrick Flaherty, Acting Chairman of the Saint Paul Liquor Dealers Association, MINUTES • Community and Human Services Committee September 21, 1988 Page Three questioned the need for this ordinance. He stated it is his feeling that the intent is to go after the liquor dealers in this town. He quesationed the change irom "shall" to "may". He voiced his concern that all Class III license holders were not apprised of this item; Rettman explained that a Class III license holder mailing had been done regarding this issue. Flaherty invited the members of the City Council to discuss this matter with the Saint Paul Liquor Dealers Association. Kiki Sonnen made a motion that the substitute resolution be recommended for approval. This was approved on a 4-0 vote. The next item concerned City Council ?,genda 5/24/88, Item No. 2: First Reading - 88-794 - An ordinance amending Chapter 33.02 oi the Legislative Code and providing an increase in the Certificate of Occupancy fees and to reflect the administrative merger of the Certificate of Occupancy inspections program from the Department of Community Services- Building to the Department of Fire and Safety Services-Fire Marshall. (For Steve Zaccard's report.) (Laid over until dugust 3, 1988 for Gene Schiller to review with Steve Zaccard.) (New information has been reviewed. Laid over to August Z7, 1988 to review information.) (Laid over to August 31, 1988 for Steve Zaccard to procure comparative data.) (Laid over to September 21, 1988 at Bob Long's request.) Rettman observed that this item has been in Committee for some time now, Steve Zaccard and others have spent an inordinate amount of time making requested changes and compiling • requested information, and it is her hope that agreement may be reached today so that a recommendation may be made. Zaccard has done a comparative study with other cities: Duluth, Minneapolis, Rochester, Jerse;: City; Akron, Ohio; and Saginaw, Michigan. A copy of the study will be distributed. The comparison includes other cities' inspection schedules, schedule changes versus code compliance and affected insurance premiums, and human or material loss in commerical buildings. Rettman noted that one Council Member suggested waiting until Januarv, 1989 to make any changes. Two-year inspections ' were discussed. A substitute ordinance was submitted. Bill Buth, Saint Paul BOMA, stated he has received a letter from Chief Conroy regarding limiting the number of inspections made. He feels the two-year inspections is an agreeable compromise. Rettman requested.that anything Buth prepares for Steve Zaccard should be given to Jim Murphy, also, who will share it with all Council Members. A motion was made that this ordinance be recommended for approval, with the deletion of page 5, 165 and language changed accordingly regarding the two-year inspection cycle. Paul McCloskey and Steve Zaccaad will submit the chan;es to the City Clerk and the Chair. This was recommended for approval, as amended, on a 4-0 vote. At this point, Hettman referred to the City Council Agenda 8/16/83, Item No. 27: Resolution - 88-1347 - Adopting the Child Care Policy for the City of Saint Paul. Byrne announced that this issue arose from a Planning Commission study, with which Jerry Segal has much familiarity. Rettman suggested that anyone having pertinent information to forward it to Jim Murphy; Murphy will meet with Jerry Segal regarding whether ordinances or resolutions, spirit and intent ordinance, etc., and that these will be ready v�thin two weeks. The C;�ild Care Coordinator position was discussed. Kathy Stack, Director, Department of Community Services, noted that while Community Services did accept the assignment from the Mayor, they were not apprised early enough • to request the pasition in the budget. She added that this will be an additional position MINUTES Community and Human Services Committee September 21, 1988 • Page Four Rettman observed that this could be negotiated at the budget hearings. CDGB funds were discussed; Bob Hammer, Grants Manager in Grants Management Section of P.E.D., stated he has discussed this matter with Jim Murphy. He noted the possibility of a line item in the budget. Guidelines could then be set up. Rettman stated that any of Hammer's pertinent information should be given to Segal, also, and that anyone having any changes or additions should submit them to Murphy. This item was laid over to October 5, 1988 for Jerry Segal to work with Committee staff. The next item discussed was City Council Agenda 8/23/88, Item No. 6: First Reading - 88-1384 - An ordinance repealing Chapter 58 of the Legislative Code in its entirety and reenacting a new Chapter 58 which provides for the establishment of a program dealing with the installation and monitoring of hard wired smoke detectors in single family dwellings. The State of Minnesota has a law which requires houses built since 1973 to have hard wired smoke detectors. In this law., it stated that municipalities cannot adopt legislation which would be stricter than the State law. The Department of Fire and Safety found that limiting hard wired smoke detectors to houses built since 1973 is not enough. A large number of serious injuries, due to fire, have occurred in homes built before 1973. It was found that battery-operated smoke detectors are not always adequate. Karen Christofferson, Saint Paul Area Board of Realtors, addressed the item, urging recommendation. The Saint Paul Area Board of Realtors helped the City lobby at the Capitol for this law. Christofferson encouraged the City to seek other methods of enforcement in addition to the Trtith-In-Housing inspection process. • She read a request from Representative Orenstein regarding State Legislation (H.F. 357), as he was unable to be present at the Committee meeting: "As Chief House Author of H.F. 357, there is no Iegislative intent which would shed light on the question of enforcement." In conclusion, Christofferson:requested that this Co�ittee seriously consider the possiblity of expanding code enforcement in the hard- wired smoke detector ordinance. A motion was made that this ordinance be recommended for approval. This passed on a 4-0 vote. The final item for discussion was City Council Agenda 8/16/88, Item No. 23 - Resolution - 88-1343 - Affirming the City Council's intent to conduct a Community Standards Survey and directing the Mayor to execute the appropriate fund transfer. (Laid over to September 21, 1988 at Bob Long's request.l Bill Wilson addressed the issue, urging the Council's support. On January 7, I988, the City Council approved a zesolution, CF-88-31, which accepts the Council Research Department and City Attorney's Office recommendation to conduct a survey to find the contemporary conrmunity standards relativea to obscenity. It also directs the appropriate City Department to select an individual or ftrm to conduct this survey. Minnesota Opinion Research, Inc. (MORI, Inc.) has been selected. The cost of contracting out with this firm is $29,800. The Mayor was opposed to this resolution. He feels a survey may not be valid evidence in trial. He also feels that becausa community standards are continuously changing, this survey may be lacking in quality; he thus feels that it would be unwise to dedicate $29,800 to a survey. However, if the Council makes a decision that this survey should be done, the Mayor will support it. Jerry Hendrickson, Chief Prosecutor for the City Attorney's Office, stated that the survey would have two (2) benefits: 1) if properly done by a professional organization, with unbiased questins, etc., it would hold some sort of • reliable measure useful in a court of law; and 2) policymakers, law enforcement MINUTES • Community and Human Services Committee September 21, 1988 Page Five personnel, City Council Members, etc., have some yardsticic to work by. Long queried him as to the likelihood of it being admitted into court; will it always be recognized? Hendrickson answered that, in his opinion, in reviewing the law, the chances of it being admitted are relatively good. Long asked whether any other cities have been utilizing this approach, and questioned whether it is workable. Hendrickson answered that he had no informatijon regarding this." "Life expectancy" of a survey was discussed. Kris McGrath, President of Minnesota Opinion Research, Inc. (MORI, Inc.) discussed the survey methods. She noted that while opinions can change very quickly, attitudes to not change quickly. She noted that one organization which has done much research on people's attitudes is National Opinion Research Center, out of Chicago, Illinois. Wilson discussed the importance of evidenciary material. Richard Neumeister addressed the question of relevancy. He observed the data will become obsolete and there will be no guarantee of anonymity. He noted the issue of data practices. Wilson questioned McGrath regarding anonymity. She answered that no one is ever identified in the data base, that those respnding to the survey are identified by a number only. Wilson made a motion that this resolution be recommended for adoption. This passed on a 3-1 vote. A motion was made that the meeting be adjourned. The meeting adjourned at 4:30 p.m. -------------------------------------------------------------------------------------- • NOTE: An additional written statement has been submitted b Richard Neumeister Y regarding the BCA-FBI background checks on Class III licenses item. Herein, he stated that, "Chapter 364.04 (Minnesota Statutes) forbids usage, distribution, or dissemination by the State of Minnesota, agents, or its political subdivisions, of records of arrest not followed by a valid conviction and misdemeanor convictions that do not have a jail sentence for license and public employment purposes." Another statement: "Secondly, if an individual gives his/her BCA records search to the License Division, the License Division cannot guarantee that the search a about the individual will not become public . . . " •