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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 MINUTES • 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. � MINUTES • Community and Human Services Committee June 15, 1988 Page Three 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 ,� MINUTES Community and Human Services Committee • June 15, 1988 Page Four 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. • •