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Community & Human Services Cte Minutes 08-31-1988 MINUTES • Community and Human Services Committee August 31, 1988 1:00 P.M. Room 707, City Hall The meeting was called to order by Janice Rettman, Chair, at 1:30 p.m. The following were in attendance: Janice Rettman, Chair; Bob Long, Councilmember; Bill Wilson, Councilmember; Jim Scheibel, Councilmember (late); Phil Byrne, City Attorney's Office; Terry Sullivan, City Attorney's Office (late); Joe Collins, Legislative Aide; Jim Murphy, Program Analyst; and Barbara Benson, Secretary. Rather than following the agenda ite� by item, Rettman announced she would quickly address a few items which needed to be laid over for various reasons. The first one concerned City Council Agenda 7/28/88, Item No. 56: Resolution - 88-1253 - 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.) Jerome Filla, the attorney representing Arnold Kampa, requested that the matter be laid over for two weeks, in light of a third alleged violation. He stated this would give him a chance to peruse the police reports. This item was thus laid over to September 21, 1988. The second layover concerned City Council Agenda 6/30/88, 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.) Rettman explained that Sonnen was unable to attend today's Committee meeting, stating she will be available on Se 21, 1988; thus, this item was laid over to that date. The next item concerned City Council Agenda 7/12/88, Item No. 3: Appeal of Dick Warwick to a decision of the Truth in Housing Board pertaining to his cancelled license. (Laid over from August 17, 1988, as requested by Dick Warwick.) The appeal is only a review of record. Warwick is required to supply to the City Council a copy of the transcripts (he has done so). The City and Warwick may draft a written statement of their case. The Council then reviews this written material and makes a decision based on this material. Byrne stated that it would be his preference to set the date of the hearing before the full Council, and suggested that no interchange take place without the members of the Council. Ex parte will still be in effect. Paul McCloskey will represent the Truth in Housing Board. Steve Roy, Division of Public Health, requested a ten-day notice of the agenda item. Rettman asked Dick Warwick and Steve Roy if this would be agreeable with them. Both replied in the affirmative. Bill Wilson made a motion that the public hearing date be set at an official Council Meeting. This was seconded and passed. Byrne suggested that Warwick send any pertinent information to the City Clerk; it would then be dispersed to City Council Members by the City Clerk's Office. • The next item of business concerned City Council Agenda 5/3/88, Item No. 16: Third Reading - 88-500 - An ordinance amending Chapter 409.21(b) of the Legislative Code pertaining to pulltabs and tipboards in bars by deleting the reference to charitable { r MINUTES • Community and Human Services Committee August 31, 1988 Page Two organizations that support youth athletic activities. (Community and Human Services Committee recommends approval.) (Sent back per request by Ms. Sonnen in regard to national associations having pulltabs.) Phil Byrne's combination of two ordinances will be presented. (Laid over from July 6, 1988 meeting.) (This was laid over to August 3, 1988, as both Bill Wilson and Kiki Sonnen were absent.) (Laid over to August 17, 1988.) (Laid over to August 31, 1988 for language stipulation--five permits versus striking youth athletics). Bill Wilson stated it is his intent that youth are served by a previously established athletic fund board. He discussed amendments of ordinances before the Committee. A one year waiting clause was mentioned. Byrne stated if the Committee wishes to have this added, he could do so where appropriate. License suspensions and revocations were discussed in the vein of pulltabs and tipboards; deletion of certain language was discussed, along with references to licensing by the State of Minnesota. Rettman noted that Jim Murphy may assist with language clarification involving national associations or enterprises, if necessary. Bob Long addressed the question of numbers of organizations included. Wilson noted problems concerning the word "incorporat Incorporation and 501.C.3 status were discussed at length; it was the consensus that 501.C.3 should not be required. Byrne suggested that language be incorporated noting adequate evidence of nonprofit status. He stated he will draft that language to make more clear the intent. Wilson contended it is his idea that applicants (e.g., who want to start • T-ball, soccer, etc.) will be involved with Parks and Recreation facilities and work with the director of that facility. Wilson added that he hopes to make it clear that private clubs need not have their primary service youth (Chapter 404). Rettman observed that this is Jerry Mickus' concern (from Rice Street VFW). Rettman questioned Byrne regarding the definition of youth athletics; e.g., camps or other similar activites--is that considered youth athletics. Byrne answered that in that case, youth athletic organizations could be changed to include organfzations that have specific programs of youth activities. Wilson noted that youth is the issue, not athletics. Wilson observed that 409.22 should be amended to include "youth program activities" and the other similar references should be deleted. Byrne noted he will work on the requested changes and will have the ordinance comptleted by the next Committee meeting (September 7). Rettman added that this item will then be moved out of Committee with a recommendation on that date. The next item concerned City Council Agenda 8/2/88, Item No. 2: First Reading - 88-1255 - An ordinance amending Chapter 162 of the Legislative Code pertaining to parking and traffic violators. Jim Murphy explained that the intent of this ordinance is 'to provide incentive to owners of vehicles which have five or more traffic violations to clear up the citations. Currently, tickets are issued for traffic and parking violations. If the ticket is not paid, the owner is sent a notice. If the ticket remains unpaid, a warrant is issued. As of February 8, 1988, there were over 120 people who had eight or more warrants issued to them for unpaid traffic violations. Lt. Jim Singer, Police Department, noted that number has now increased to 170 people. He stated the intent here is to omit repeat violators. This ordinance would give some type of leverage to remove the car and impound it. He observed there is a major • problem with out of state residents. He noted that the Police Department will, at some future time, be going to a computerized ticket writing procedure. Long queried Singer regarding impound lots and revenue generation. Singer answered that it � � � NINUTES • Community - �and Human Services Committee August 31,'�988 Page Three presently is a self-sufficient operation. Discussion ensued regarding five or more parking or traffic citations which have gone into warrant. Singer stated that some cities use the number of three, but none use less. Long suggested three to be the preferable number. The Committee favored three instead of five. Wilson moved that this ordinance be amended to "three" instead of "five". This passed on a 3-0 vote. Long made a motion that this be recommended for approval with this amendment. This passed on a 3-0 vote. The next item was Phil Byrne's presentation on voting options; adverse hearings discussion. Rettman explained this was a discussion item which Jim Scheibel had referred to this Committee. Byrne first discussed uncontested cases. He prepares a resolution and attaches policies, reports, copy of notice of hearing, and letter from license holder (or the representing attorney) indicating no contest to the facts. Jim Scheibel suggested that perhaps Byrne could make a recommendation on each case as to whether it warrants Council action or Committee action. Byrne stated that he will do so. He indicated that he feels too much time is being spent, both by the Council and the applicant, on uncontested cases. Byrne noted it would be his recommendation in most cases that they stay at the Council level and he would be present at Council for any expla�ation. Discussion ensued regarding license suspension in cases where there are separate licenses; e.g., Daytons Department Store versus • River Room Restaurant, Embassy Suites versus Wooley's Restaurant. The role of the Administrative Law Judge was discussed, along with the guidelines of the matrix. Scheibel questioned Byrne regarding a situation where the Council deviates from the recommendation of the Administrative Law Judge; if this case would be appealed, would this make the case more difficult in court. Byrne responded that it would not. He noted that when he thinks there is sufficient evidence to support � greater sanction, he will say so, because he will ultimately have to defend whatever the Council does. Voting procedures were discussed, including manner of motions made and agreement on action. Byrne noted if there is disagreement in certain cases, calling for a show of hands as an unformal voting procedure would be appropriate. He added that if a 4-3 vote is the best that can be gotten, that it certainly acceptable. The matrix was discussed at length. Byrne noted minor problem with specific dates of suspension, suggesting taking under rules of suspension�at the very next meeting so there is no additional appearance on the Council ageanda. He - observed that it should be possible to recover costs when people fail to be present. Rettman addressed safety violations, stating she would like to separate safety • violations from the adverse hearing. For example, in a food poisoning case, the Health Division should have the authority to shut the place down immediately; if, perhaps, Steve Zaccard finds a place which is unfit for habitation due to fire safety problems, he should have the ability to shut the place down immediately. She would like to see these types of issues come directly to the Council and not to adverse hearing. Byrne noted that there was a committee addressing these concerns and a request was made that such an ordinance be drafted for life threatening issues. Paul McCloskey is now researching this. This would operate independently of license revocation. Frank Staffenson, Health Division, stated this committee (of which he • is a member) has approached Paul McCloskey with a rough draft, including both Fire and Health, regarding imminent hazards. Staffenson stated he expects to have this available in some form early in October. When available, Staffenson will bring back \ ... �3 MINUTES Community and Human Committee August 31, 1988 _, Page Four to this Committee, at which time the Committee will sign off on it. At this point, Rettman indicated concern for Phil Byrne's workload, with the additional responsibility of adverse hearings. Byrne admitted that the City Attorney's Office is in need of more bodies "or something". Rettman stated she wants this issue addressed at budget hearings. As a final note on adverse hearings, Scheibel and the Committee members agreed to work with others on the Council to attempt to handle the issue more smoothly. Rettman urged that all of the Council Members must learn to "stifle ourselves". The last item concerned City Council Agenda 5/24/88, Item No. 2: First Reading - 88-794 - An ordinance amending Chapter 33.02 of 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 August 3, 1988 for Gene Schiller to review with Steve Zaccard.) (New information has been received. Laid over to August 17, 1988 to review information.) (Laid over to August 31, 1988 • for Steve Zaccard to procure comparative data.) Long stated he discussed with Steve Zaccard the need to have inspections pay for themselves to a greater extent. Long has requested some input from Chief Conroy; thus, Long stated he would prefer to lay this over until he receives some information from the Chief. Per Long's request, the item was laid over to September 21, 1988. A motion was made that the meeting adjourn. The meeting adjourned at 3:50 p.m. i