Community & Human Services Cte Minutes 06-15-1988 MINUTES
• Community and Human Services Committee
June 15, 1988
1:30 p.m.
Third Floor Council Chambers
The meeting was called to order by Janice Rettman, Chair, at 1:35 p.m.
The.following were in attendance: Janice Rettman, Chair; Bob Long, Councilmember;
Bill Wilson, Councilmember; Kiki Sonnen, Councilmember; Terry Sullivan, City Attorney's
Office; Joe Collins, Legislative Aide; Jim Murphy, Program Analyst; and Barbara Benson,
Secretary.
Janice Rettman noted two requests which have been made for items of discussion:
1) parking ramps' security, which will be addressed either by the Community and Human
Services Committee or the Housing and Ecanomic Development Committee; and 2) staff
from the Domestic Intervention Project and Domestic Violence Programs have been talking
with several members of the Council and wish some time to discuss the interrelation
with growth and development of families.
There was a motion to approve the minutes of the June 1, 1988 Community and Human Services
Committee Meeting. The motion was seconded and the minutes were thus approved.
The first item of business concerned City Council Agenda S/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 Marshal. Jim Murphy outlined pertinent areas of this ordinance, indicating that
the three main purposes of this amendment to Chapter 33 of the Legislative Code are to
increase Certificate of Occupancy fees, create a reinspection fee, and complete the
merger of the Certificate of Occupancy inspection programs from the Building Official to
the Fire Marshal. There has not been an increase in fees since 1981. Rettman �nformed
the members that Jim Murphy and Council Research did a very large mailing on this so
that anyone wishing to have some input could do so. She added that her office has
received many calls from people opposed to any increase in fees. Steve Zaccard, Fire
Marshal, explained that the cost to the City (paid out of the General Fund in the
budget) for Certificate of Occupancy amounts to $765,048 (estimated for this year);
whereas, fees received last year, without this requested increase, amounted to $211,000.
With the requested increase, it is estimated that 60� of the program would be funded.
He discussed fees, indicating that the reinspection fee is a new concept. He noted the
previous minimum fee was $40; the maximum, $125. It is now requested that the minimum
fee be $75; the maximum, $250. Zaccard stated it is the intent to make this a self-
sufficient program. Bill Wilson suggested exploring other options. Discussion ensued
regarding step increases and a phasing theory. Bill Buth, Building Owners and
Management Association, addressed the issue, citing various tax increases which the
building owners are already shouldering. It is his feeling the annual increase is
neither needed nor justified. Program self-sufficiency was discussed; Kiki Sonnen noted
that if Certificate of Occupancy fees are not increased, the dollars will have to be
found somewhere else. Leo Lindquist, 1846 Marshall Avenue, questioned the need for the
increase. Zaccard noted that a seven-year backlog was overcome in two years. Commercial
• inspections versus residential inspections were discussed. John Mattson introduced
himself as a businessman on Payne Avenue. He stated he likedthe idea of fire inspection
but disagrees with the increase. He discussed the inspecticti process. Rick Igo
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Community and Human Services Committee
June 15, 1988
Page Two
introduced himself as a property owner in Saint Paul. He suggested the possibility
of increasing the fee system for the owners or problem buildings in the city; excessive
fees for those, so that property owners who have pride and are doing a good job are
not being charged for the problems. Jim Curran, 998 Front Avenue, addressed the
committee, disagreeing with the increase in fees, questioning the inspection practices.
One of his questions concerned refusing entry to an inspector. Terry Sullivan answered
that two things could happen: the person refusing entry could receive a citation and
if the citation was ignored, would be responsible for any fines imposed; if necessary,
the City of Saint Paul could bring legal action. Sullivan said he recalls no similar
case ever occurring. Emerald Wallace introduced herself as the manager of a large
apartment complex. She expressed concern regarding the rate increase because of the
large number of tenants there living on a limited income. There was a motion that this
item be laid over until July 6, 1988, at which ti�e Steve Zaccard will make a report
to the committee, addressing some of the above thoughts and suggestions. The motion
was approved to lay over 3-0 yes.
The second item concerned City Council Agenda 5/34/88, Item No. 26: Resolution -
88-813 - Approving the request adding Jerry �ale Landreville to the On Sale Liquor,
Sunday on Sale Liquor, Entertainment and Restaurant Licenses issued to Lexi-Front,
L. Wille,
Inc. dba Gabe's by the Park located at 991 N. Lexirigton (Chester Pres. . •
Murphy noted that Jerry Landreville had bought 507 of stock some time back in 1985;
the City was not notified of his stock purchase until January, 1988. Chester Wille
is presently listed as the sole stock holder. Kris Schweinler, Licensing, stated that
up until now the License Department was unaware Jerry Landreville had a 507 interest.
She stated he has not been involved in the management of the bar, neither physically
nor financilly. Jerry Landreville stated that he obtained 507 of the stock approximately
two years ago. The matter of adding his name to the license came to his attention when
a buy and sell agreement was being prepared. His attorney urged him to put his name on
the license. At this point, Landreville activated the process. Kiki Sonnen observed
that anyone having a 57 or more interest must submit an application. She suggested
Licensing do a mailing to update all licenses, indicating all parties with a 57 or
more interest. She stated that after sixty days, if no further information is
received and it is found there are others involved with a 57 or more interest, adverse
action could be considered. Janice Rettman asked Terry Sullivan if this could constitute
adverse action; he stated he was not sure but will find out. He stated if it is a
requirement of the license, it could be, as on.e of the issues to be complied with on
the license. Rettman requested that the mailing be dor.e, as Sonnen suggested; if it
is not able to be done, she requested that a report be brought back to the committee on
July 6, 1988, with a draft. Kris Schweinler agreed. The pending adverse action
regarding Gabe's by the Park was discussed. Terry Sullivan noted that adding Jerry
Landreville's name to the license would not reflect on adverse action which is being brought
against the license. Bill Wilson made a motion to approve this resolution. 4-0 yes.
The third item concerned City Council Agenda S/31/88, Item No. 6: Resolution - 88-851 -
Requesting the Police Department to invesitgate all adult-use entertainment establishments
during the next 6 months to determine compliance of State law and to make arrests if •
probable cause of activities show violations, requesting the City Attorney to prosecute
any cases brought forth by the Police, and that cases be reported to the License
Division and City Attorney's Office for adverse action. Rettman asked whether any
members were present from the Poli.ce Department to address the issue. There were none.
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• Community and Human Services Committee
June 15, 1988
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This resolution was authored by Bob Long and would let all owners of adult use
establishments know that the City is concerned with the issue of obsenity and that the
Police Department will be checking these establishments to see if they are in compliance
with the State Law. His main focus are those establishments which have sexually violent
materials. Police personnel was discussed. Richard Neumeister addressed the committee,
discussed obtrusiveness of government and the definition of "adult use". Chris Drummond,
from Video Variety in Saint Paul, discussed the inclusion of video stores. This
resolution does not include video stores, but State law will still apply. Drummond
outlined measures he and other video store operators are presently taking. Ted Eggum,
Coordinator of Video Buyers, agreed with Drummond, and cited financial problems which the
video industry is experiencing. Rettman made a motion to approve this resolution with
an amendment which would remove the word "undercover" from the second page, second
paragraph. 4-0 yes, as amended.
The fourth item of business concerned City Council Agenda 5/31/88, Item No. 37:
Resolution - 88-879 - Approving the transfer of On Sale Liquor, Sunday On Sale Liquor,
Entertainment and Restaurant Licenses from Eide Enterprises dba Cedar Chip (Lyle Eide,
Pres.) at 369 Cedar to Limelight, Inc. dba Everybody's (Marie Glidewill, Pres. and
Alice Fung, Sec./Treas.) at the same address with the stipulation that health code
violations be resolved. Kris Schweinler stated that the License Division has recommended
• approval of transfer. Bill Gunther, Division of Public Health, stated that he has
worked with this establishment for a long period of time. Substantial improvements have
been made in much of the facility but there are still substantial problems to be
resolved. Discussion ensued regarding transferring the liquor license only. Kiki Sonnen
inquired as to whether ice is considered a food; Gunther answered that it is, but it is
a grey area. Marie Glidewill addressed some of the problems and her attempts to get
them corrected. Kiki Sonnen discussed entertainment licenses and questioned parties
having S� or more interest in the business. Ron Maddox introduced himself, explained
that he does not have an interest in the liquor license, he is a guarantor on the
present bank note for Mr. Eide. Mr. Piaddox's interest in the business was discussed;
Sullivan will check into the S� issue in thiG matter. Sonnen suggested that the City
Attorney look into the legal definition of "interest". Bob Long made a motion that
this item be laid over to July 6, 1988; 4-0 yes �n favor of lay over.
The fifth item 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 ta pulltabs
and tipboards in bars by deleting the references to charitable organizations that support
youth athletic activities. (Community and Human Services Committee recommends approval.)
(Sent back pe_r request by Ms. Sonnen in regard to national associations having
pulltabs.) Phil Byrne amendments. This was laid o'�Pr to July 6, 1988.
The sixth item concerned a discus:�ion on the procedures of Division of Parks and
Recreation regarding reserving facilities; i_.e., picnics, etc. This was laid over
to July 6, 1988.
• The sixth item concerned City Council Agenda 6/2/88, Item No. 6: First Readi.ng - 88-890 -
An ordinance amending Chapter 293 of the Legislative Code entitled "Noise Regulations"
by providing for a limited exemption therefrom for thre� day festivals and exhibitions
spon:�ored by a community nonprofit organization. Frank Staffen�on, Environmental Health
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Community and Human Services Committee •
June 15, 1988
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Director, stated that if Council feels this should be done, he and his staff would
support it. When applying for a noise variance, the applicant must file a$150 fee.
This amount of money can cause financial problems for the organization. Mark Moeller,
from the Highland Business Association, stated that going for a variance would increase
an already present antagonism. He observed that this year his group will be conducting
noise monitoring with their own equipment. He noted that they are trying to keep it as
a community-based type festival. A copy of a memo which was sent to Bob Long from the
Highland Area Community Council was presented to the committee, recommending approval
for a limited exemption for three day festivals for non-profit organizations as it
pertains to the noise ordinance. A motion was made for approval of this ordinance:
2-1: Motion failed.
A motion was made that the meeting adjourn. 3-0 yes. The meeting adjourned at
5:15 p.m.
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