Approved Minutes 3-27-2002Page 1 of 21
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 27, 2002 - 3:30 - 5:00 p.m.
CHRONIC PROBLEM PROPERTIES
POLICY SESSION
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Policy Session
• Suspension Items
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 4 - Benanav, Blakey, Bostrom, Lantry
Absent - 3 - Coleman, Harris, (arrived after adoption of the consent agenda) Reiter (excused)
CONSENT AGENDA (Items 1 -19)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION.
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED BY
A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Gerry Strathman, Secretary to the City Council, noted that Items 16 and 17 should be removed for a
presentation.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted Yeas - 4 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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1. Claims of Lawrence Agnew, Mary Holmlund, Cindy and Brian Kraushaar, Minnesota Craftsman
Painting, Suzanne Rabuse, Adam Ratcheson, and Amy Rostron.
Referred to the Risk Management Division
2. Administrative Orders:
D002128 Extending the contract completion date from October 20, 2001, to June 30, 2002, for the Fifth -
Kennard RSVP.
D002129 Approving funding, not to exceed $50.00, for a beverage and lunch or snack for Arbor Day
Poster judging by volunteers on April 12, 2002, at Como Golf Clubhouse.
D002130 Amending the 2001 budget of Cable Communications Special Revenue Fund to reflect the
actual expenditures for activities.
D002131 Amending the 2002 budget of the Public Works Department - Engineering fund by
transferring salary dollars from the Mayor's Contingency Budget for temporary employees.
D002132 Amending the 2001 budget of the Department of Planning and Economic Development - City
Sales Tax Capital Projects Fund by transferring funds from the Neighborhood Investment Initiative
Program to STAR projects.
D002133 Authorizing payment, not to exceed $50,000.00, from the existing Marketing and Promotions
Office budget for continuing to promote events and activities that further showcase Saint Paul as a great
place to live, work and play.
Noted as on file in the City Clerk's Office
FOR ACTION
3. Approval of minutes of March 6, 2002.
Adopted Yeas - 4 Nays - 0
4. Resolution - 02 -250 - Concerning adverse action against the Tree Trimmer license held by Beck
Enterprises, Inc., dba River Junction Tree Service.
Adopted Yeas - 4 Nays - 0
5. Resolution - 02 -251 - Memorializing City Council Action taken March 6, 2002, suspending the
Wrecker /Towing License held by A -1 Able Towing, 14 E. Acker Street.
Adopted Yeas - 4 Nays - 0
6. Resolution - 02 -252 - Requesting enactment of parking recommendations and the Planning
Commission to develop a long -term plan for parking in the City of Saint Paul.
Adopted Yeas - 4 Nays - 0
7. Resolution - 02 -253 - Amending the Saint Paul Public Library 2002 budget by bringing forward fund
balances of grants received from the Bill and Melinda Gates Foundation and the Lillian Wright & C.
Emil Berglund Foundation for enhancing the computer environment within libraries.
Adopted Yeas - 4 Nays - 0
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8. Resolution - 02 -254 - Authorizing the City to acquire a vacant, tax - forfeit parcel in the Lower Phalen
Creek area from Ramsey County.
Adopted Yeas - 4 Nays - 0
9. Resolution - 02 -255 - Approving a two -year term for a lease agreement to lease 31 parking spaces to
Ramsey County in the Second Street Garage, adjacent to the Ramsey County Government Center East
building.
Adopted Yeas - 4 Nays - 0
10. Resolution - 02 -256 - Authorizing the City to enter into a Sub -grant Agreement with the Division of
Emergency Management in the Minnesota Department of Public Safety to recover costs incurred for
flooding, winds, and winter storms from March 23, 2001, through May 29, 2001.
Adopted Yeas - 4 Nays - 0
11. Resolution - 02 -257 - Accepting a Juvenile Pro - Active Auto Theft Program Grant from the State of
Minnesota, authorizing the City to enter in an agreement, and Chief William Finney to implement the
agreement.
Adopted Yeas - 4 Nays - 0
12. Resolution - 02 -258 - Authorizing a two -year expansion of an existing parking lease agreement
between the State of Minnesota and the Police Department so employees have off - street parking.
Adopted Yeas - 4 Nays - 0
13. Resolution - 02 -259 - Approving the following organizations to the 10% Club list of eligible
recipients to receive direct donations from charitable gambling organizations: Boosters East, Inc.;
Broom Closet, Inc.; Duluth & Case Recreation Center Booster Club; Harding Area Girls' Fastpitch
Softball Association; Johnson Area Youth Activities Association; Johnson Area Youth Football
Association; Margaret Booster Club; Phalen Youth Club; Rice /Lawson Recreation Center Booster Club;
Rice Street Athletic Club; Star Swim Club; Upper east Side Youth Football Association; Venture Crew
4613, BSA; and Youth Association Hockey.
Adopted Yeas - 4 Nays - 0
14. Resolution - 02 -260 - Disbursement of Youth Program Funds to the following organizations:
American Legion Post 4418; Dunning Boosters; Edgcumbe Community Center Hockey Booster Club;
Lexington /Hamline Community Council; Merriam Park Booster Club; Mighty Kids Inner City Hockey -
Harding Area; St. Paul Midway Little League; St. Paul Police Explorer Post 4454, BSA; St. Paul
Science Fair Support Group; St. Paul Urban Tennis Program; Snelling /Hamline Community Council;
Sounds of Hope, Ltd.; SuperClown Children's Art Gallery; Twin Star Baseball Club; Venture Crew
4613 - BSA; and Youth Express.
Adopted Yeas - 4 Nays - 0
15. Resolution - 02 -261 - Amending prior and current year budgets for adoption of the 2002 Citywide
Capital Maintenance Program recommendations.
Adopted Yeas - 4 Nays - 0
16. (Discussed after the consent agenda)
17. (Discussed after the consent agenda)
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18. Resolution - 02 -264 - Referring the license application of Lucky Star, Inc., dba Bangkok City
Supper Club, 733 Pierce Butler Route, to an Administrative Law Judge Hearing.
Adopted Yeas - 4 Nays - 0
19. Preliminary Order - 02 -265 - In the matter of construction of traffic related improvements, as
required by the Environmental Assessment Worksheet, for the US Bank Office development at the
southwest corner of Robert and Fillmore Streets and setting date of public hearing for April 24, 2002.
(File 418969)
Adopted Yeas - 4 Nays - 0
22. Report by Gerry Strathman, Council Research Director, on "Information Summary Regarding the
Organizations Responsible for the City of Saint Paul's Convention, Entertainment, Visitor and Tourism
Industry."
Council President Bostrom suggested the report be received by the Council, laid over two weeks, and
that the Administration be requested to respond to the report.
Councilmember Lantry moved to lay over to April 10.
Laid over to April 10 Yeas - 5 Nays - 0 (Coleman not present for vote)
16. Discussed after 917.
17. Resolution - 02 -263 - Acknowledging receipt of the Government Finance Officers Association
(GFOA) Certificate of Achievement for Excellence in Financial Reporting for the City's's 2000
Comprehensive Annual Financial Report.
Peter Hames, Director, Office of Financial Services, appeared. He said this is the 25th consecutive
award of the Government Finance Officers Association award of Certificate of Excellence in Financial
Reporting. It means that their reports meet the rigorous tests of the Association which represents
governmental accounting and auditors. The Comprehensive Annual Financial Report is used in great
detail by the credit rating agencies. The city has an AAA credit rating from Standard and Poors and part
of that is testimony to the excellent financial report that is put out each year.
Mr. Hames recognized the individuals listed on the resolution for their efforts in achieving this award.
Councilmember Coleman moved approval
Adopted Yeas - 6 Nays - 0
16. Resolution - 02 -262 - Acknowledging the efforts of George Splichal and Jose Jovellana of Financial
Services for their role in preparing the 2000 Comprehensive Annual Financial Report for the City which
has received the Certificate of Achievement for Excellence in Financial Reporting by the Government
Finance Officers Association.
Peter Hames, Director, Office of Financial Services, introduced Mr. Splichal and Mr. Jovellana and
presented an award to them.
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
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FOR DISCUSSION
20. Resolution - 02 -191 - Approving the appointment of Councilmember Patrick Harris, by Mayor
Kelly, to the Ramsey County League of Local Governments. (Laid over from March 13)
Councilmember Coleman moved approval
Adopted Yeas - 6 Nays - 0
21. Resolution - 02 -249 - Giving various directives pertaining to unresolved issues with the Gopher
State Ethanol and MGCO2 operations. (Laid over from March 20)
Manuel Cervantes, City Attorney, reported that he reviewed this resolution and recommendations were
made in four new resolutions. He noted that there was consensus with regard to directives to the Office
of License, Inspections and Environmental Protection (LISP) in terms of inspections, as well as what
has become the second paragraph: that the City Attorney is directed to take vigorous action to enforce
the city's settlement in all respects including court sanctions and injunctions for violations of the noise
standards agreed to and ordered by the court as a consequence of the city's settlement.
Mr. Cervantes also noted additional language in No. 4 which talks about the city's use of its' experts by
the intervener which is to say they are permitted to discuss the findings and the supporting
documentation as to how those experts arrived at their findings but it is contingent upon the attorneys for
the defendants not coming in and saying that somehow the city has waived their confidentiality position
as it relates to that information.
Councilmember Coleman said the Attorney's Office had concerns with respect to the first paragraph in
the original resolution. Mr. Cervantes said his recommendation is that they strike the following language
from the original resolution: "The City Attorney is authorized and directed to join any settlement
agreement with the citizen interveners." The reason for removing it is that they felt "hamstrung" and
they would be tied at the hip to join any agreement that the citizen interveners might enter into with the
defendants. Procedurally, the City Attorney's Office has settled the issues with the three defendants and
it's their position that the interests of the interveners may differ from those interests of the city. The
interveners are seven individuals from the community who have brought their own private nuisance
action against the defendants. If the proposed language was adopted, it would join the city to the same
interests that the interveners may have even though the city is not in the picture in terms of still having
an active case. Also, there are differences between the two parties.
The unlawful delegation is that the City of St. Paul has the City Attorney's Office to represent its
interests. By accepting this language, the city would be permitting the interveners to have the authority
that only the city attorney would have.
Mr. Cervantes reviewed the language that he considered acceptable.
Councilmembers Coleman and Blakey both presented substitute resolutions and Mr. Cervantes
explained the difference between the two and extensive discussion took place.
Council President Bostrom said he was not convinced the city should be spending any more money on
this issue until the April 30th court date. If the issue is not solved at that time, then the city will have to
invest in it. He felt they should first give the court order a chance to play out along with the
strengthening of enforcement and not allow anyone to confuse the issue before April 30.
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Councilmember Blakey moved introduction and approval of a substitute resolution.
Failed Yeas - 3 Nays - 3 (Bostrom, Coleman, Harris)
Councilmember Coleman moved introduction and approval of a substitute resolution.
Failed Yeas - 3 Nays - 3 (Benanav, Blakey, Lantry)
Resolution - 02 -249 - Withdrawn
22. See Page 4
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
23. Final Adoption - 02 -162 - An ordinance amending Ordinance 96 -1504 relating to bonds of the Port
Authority of the City of Saint Paul to which are pledged the full faith, credit and resources of the City of
Saint Paul relating to the Williams Hill Tax Increment Financing District and Hazardous Substance
Subdistrict therein.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
(Benanav left)
24. Final Adoption - 02 -185 - An ordinance amending interim Ordinance 01 -648, adopted November 20,
2000, which imposed a moratorium on the use of property in the area presently under study for the
Arcade Street Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 0 (Benanav not present)
25. Second Reading - 02 -231 - An ordinance memorializing City Council action granting the application
of Waste Management of Minnesota, Inc. to rezone property from I -1 (Industrial) to I -2 (Industrial) to
allow a waste transfer station and to eliminate split zoning on parcels at 195 Minnehaha Avenue East
and unaddressed railroad right -of -way. (Public hearing held March 6, 2002)
Laid over to April 3 for third reading
26. First Reading - 02 -266 - An ordinance repealing Chapter 56 of the St. Paul Legislative Code (Open
Burning Ordinance).
Laid over to April 3 for second reading
SUSDension Items:
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
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Resolution - 02 -267 - Approving the applications (with conditions) for Restaurant -More than 12 Seats
(B), Gambling Location (C), Entertainment (A), Cigarette /Tobacco, and Alarm Permit (New) Licenses
by Irish Embassy Pub and Restaurant, Inc., 1305 Seventh Street West. (Legislative Hearing Officer
recommends approval with conditions)
Adopted Yeas - 5 Nays - 0 (Benanav not present for vote)
(Benanav returned)
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 02 -268 - Adopting an immediate and temporary development moratorium in the Irvine
Avenue Study Area.
Councilmember Coleman noted that a related ordinance will be introduced on April 1st.
Adopted Yeas - 6 Nays - 0
27. POLICY SESSION
Chronic Problem Properties
A. Presentation of Council Research Report
Gerry Strathman, Council Research Director, and Marcia Moermond, Policy Analyst
Gerry Strathman, Council Research Director, said the Chronic Problem Properties Study
started about 1 -1/2 years ago as a result of a resolution introduced by Councilmember
Lantry asking Council Research to conduct a study of chronic problem properties to better
inform the City Council about what the current situation is and lay the foundation for
creating new and more effective actions on the part of the city to remedy these very serious
and dangerous situations in the City of St. Paul.
The research study was conducted by the four Council Research Policy Analysts and Gerry
Strathman. Mr. Strathman acknowledged each of the analysts for their intense work on this
proj ect.
Marcia Moermond gave a Power Point presentation on the myths and facts of chronic
problem properties.
Myth: Chronic problem properties and problem properties are the same thing.
With a problem property, inspectors go in, apply the tools they have available to them, and
the problems correct themselves. With chronic problem properties, the inspectors go back
repeatedly and the problems do not get resolved. Ms. Moermond said the definition they
used was problems that were serious, repetitive (three instances in 18 months), enduring
(they lasted for 18 months), and if they had an adverse effect on the neighborhood.
Myth: There are only a few chronic problem properties in St. Paul.
When staff began the research process and they asked for nominations, they got 275
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addresses with relatively little work. They did 32 case studies using the list of nominations
and based on a number of calculations they did with the research, they think that at any
given time there are between 220 and 285 chronic problem properties in the City of St.
Paul. When the case studies were put together, they did a data and records review, many
interviews, conducted site visits, and did field inspections.
Myth: Chronic problem properties are primarily rental.
This is not the situation. In staff's case studies, which they believe are representative of the
situation with chronic problem properties in the community, 14 of the 32 were owner -
occupied; either single family homes or duplexes.
Myth: chronic problem properties result primarily from bad tenants and sometimes
"crazy" owner occupants.
What is felt is the pattern of what is happening in these cases is that there are two
components present in all cases - that the owner, in the fullness of time, has not been willing
or able to engage and solve the problems at these properties, and that the government is
similarly situated; the government has not engaged and resolved the problems at the
properties. Also, the tenants, neighbors, neighborhood organizations, etc. may be in a place
where they have made calls to the city but they can't bring about the solutions. It's the
owners and the government who can force the situations to be corrected.
In a majority of the cases there were predisposing conditions to the development of chronic
problems which included geographic concentration of poverty, lack of social capital, age of
the building, and personal and behavioral factors which includes everything from drug
addiction to domestic violence.
Myth: Chronic problem properties are only in bad or transitional neighborhoods.
Although there are predisposing factors that are present in almost all of these, staff found
chronic problem properties in almost all of the city's neighborhoods. There were no case
studies from the Highland or Macalester- Groveland areas but that does not mean they are
not capable of developing.
Myth: Chronic problem properties are ugly or run -down buildings and you can tell
which ones they are.
Many times that is true but not always. Chronic problem properties are also in transitional
areas where there are very nice rehabed homes next to some properties that are rough and
have a lot of police calls and other things going on.
Myth: Chronic problem properties affect all neighborhoods in the same way.
The findings of the study were that these properties in stable neighborhoods don't have as
profound of an effect because the neighborhood is better able to recover from the injury.
They have more resources, political sophistication, etc., to take care of the problems.
Fatigued or abandoned areas react to chronic problem properties more in a "weary, drop -in-
the- bucket" kind of a way which isn't to say it isn't important there.
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It is felt the most damage is caused by the existence of a chronic problem property in
transitional or borderline areas because of the decision - making going on by people as to
whether or not to buy a house and fix it up.
Myth: If a property is seen as a chronic problem to one it is seen as a chronic problem
to all.
Ms. Moermond referred to a diagram with three overlapping rings. What the neighborhood
is experiencing as a chronic problem could be a vacant boarded building that is not
receiving police calls anymore and building code people are not being sent there anymore.
But, it is a problem because it is a reminder of the drug dealing, etc. that took place at that
property before and the neighbors need that building to change in a fundamental way or the
chronic problem property will recreate itself over time.
Myth: The most common problem to chronic problem properties are exterior garbage,
trash dumping, and drugs.
Staff found that the most common problem was domestic violence present at 88% of the
properties examined followed by disorderly use, and other violence. Then they see the
garbage, trash, drugs and vandalism. They see a pattern of problems going on that are inside
and outside of the house which are physical. They are also prime for theft, burglary, public
drinking, broken windows, holes in walls, prostitution, etc.
Ms. Moermond told the Council that the impression she wanted to leave them with about
the violations they saw at the properties is that the people who are living in them, whether
or not they are causing the problems, because of the amount of problems it is felt the people
do not feel safe. Because of the level of violence, it is felt they don't feel safe in their
persons. Finally, there is chaos in that environment. Staff saw a lot of poverty and a lot of
drinking and drug use. There are several layers of harm when there is a chronic problem
property. Inside the house or unit, the people who are living there are harmed. That is true
within the building, it's true for the neighbors in the next building, the community at large,
and also the public is hurt. She said they probably see that most profoundly in the level of
services used by these properties.
Myth: Problem chronic properties get that way because the city isn't really trying.
The City has been trying a lot. Council Research staff is very impressed by the city's staff
commitment to improving these properties and the lives of people living in them. There are
a lot of people going that extra step to try to make good things happen. An average of
approximately $10,000 per year is spent on these properties which amounts to $1.9 - $2.5
million for all the chronic problem properties in the City of St. Paul. That is only for calls
for service that are documented.
Code Enforcement and Certificate of Occupancy (C of O) are other ways to demonstrate
how involved the city is with its level of correction notices, abatements, and citations that
have been conducted for these properties. Ms. Moermond pointed out that the average for
one and two unit houses, not rental but owner - occupied, is 36 calls per unit which is a high
level of service. That is echoed by Code Enforcement numbers for one and two -unit
housing. There are also fire suppression services and EMS people making many calls to
these properties.
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Staff also interacts in terms of animal control, planning and economic development, etc. If
one city department is aware of and working on a chronic problem property, all other city
departments have that information also. Ms. Moermond said there are different information
systems and there is not a shared data base for this information. Most of the information that
is exchanged happens in meetings and informally when someone calls about a specific
property. There is nothing "hard wired" to make sure that communica- tion takes place.
Myth: All of the tools at the city's disposal are effective when they are used.
It was found that the city is not using all the things that could be used. There is a great
number of improvements that could be made without even adding new tools.
Ms. Moermond said she feels they need to go back to the departments and the people who
work with chronic problem properties and find out what they need in order to improve the
tools and what new tools need to be put in place. Some specific ideas staff came up with in
the research process include a concern about citations - the number that are written, the
process for how they get prosecuted, and the adjudication of them because of the low fine
levels that come up again and again. The courts also provide a unique forum for government
in general to look broadly at all of the different kinds of problems happening within a
property. They can take into account the drug addiction of a person and how that's
influencing their decisions and sentence accordingly.
Ms. Moermond suggested they look again policy -wise at a periodic, systematic inspection
program for one and two unit rentals and rental registration. The policy in this whole area
should be evaluated as they still see a disproportionate level of one and two unit rentals as
part of the chronic problem properties group.
Myth: There are always going to be the same level of chronic problem properties no
matter what we do.
Ms. Moermond said she does not think that is the case. If the city brings to bear all of the
tools that it has and takes chronic problem properties seriously, she feels a lot of them can
be eliminated and that neighborhoods and housing can be made a lot more livable for the
people who are here and those who want to come here.
Suspension Items
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 02 -269 - Accepting Council Research's Report, "Chronic Problem Properties in Saint Paul:
Case Study Lessons."
Adopted Yeas - 5 Nays - 0 (Benanav not present for vote)
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 02 -270 - Directing Council Research to develop a plan for gathering policy input on
chronic problem properties in Saint Paul.
Adopted Yeas - 5 Nays - 0 (Benanav not present for vote)
Gerry Strathman stated that Dennis Flaherty, Deputy Mayor, was present to address the City
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Council regarding plans the Mayor has pertaining to the organization of the Property Code
Enforcement function.
Dennis Flaherty, Deputy Mayor, said there are challenges of building a better city for all
people in St. Paul and the right of all citizens to equally enjoy a solid quality of life. He
commended the Council for its leadership in initiating the chronic problem properties
report. He called the report excellent and said it sheds proper light on this whole issue. The
report underscores the common belief that a more effective way is needed to insure that
problem properties do not plague our neighborhoods and our quality of life. Throughout the
past several weeks, Mr. Flaherty said he has had an opportunity to visit with many of the
Councilmembers to discuss how the city can better address the challenges of these
properties. He has also spoken with managers, employees and citizens about the challenges
of problem properties. The administration's conclusion is the same conclusion reached in
the report. "We can do a better job, we must do a better job, and we will do a better job."
Mayor Kelly has been actively engaged in this discussion since taking office in January and
it remains his belief that a more pro- active and less reactive way is needed to address the
issue of problem properties. The city needs to be more visible; the community has to have
confidence that the city is out working in their neighborhoods and working to achieve
meaningful results. Citizens must have a one -stop shop for immediate action and citizens
must be involved in the battle against problem properties particularly against the small
number of properties that represent the vast majority of the on -going problems in the city.
Above all, Flaherty said, the city needs to regain public confidence that what is being done
in the area of problem properties is not a band -aid approach but a true advancement of the
vision of a better city through cleaner, safer, and more secure neighborhoods.
Mr. Flaherty outlined the foundation of the Mayor's vision for a new office that will
directly, specifically, and effectively address and remedy the challenges of problem
properties in the city. The Mayor feels strongly that the city's quality of life is a direct
reflection on the strength of the neighborhoods and the homes and apartments people
occupy. With that in mind, Flaherty said they hope to create the Office of Neighborhood
Housing and Property Improvement. The office will include a director who will manage the
day to day efforts of the office. Included in the plan will be all of the current employees of
Code Enforcement, including inspectors, clerical, and records all working out of one office.
They want to assign, at least at the start, a half -time prosecutor position from the City
Attorney's Office who will work daily with the inspectors and advise and help them but
most of all try to work to develop a better relationship with the Housing Court. That is
greatly needed and these violations have to be taken more seriously. The administration
feels that through the cooperation and work of the City Attorney and the Court that this can
actually happen. A data analyst is needed to work in this office and the involvement of
police officers is needed who would work right in the office with the inspectors.
Mr. Flaherty said it is the administration's belief that this office must be properly and fully
staffed and equipped and have the proper tools to be both visible and effective. Each and
every complaint needs to be entered by address and each and every action must be
documented and entered. Complainants who identify themselves should expect some type
of summary disposition.
Inspectors will be provided city vehicles and have some markings that will clearly indicate
that they are an agent of the City of St. Paul.
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Mr. Flaherty said when he started working on this project, he was not aware of the study
being done by Council Research. He said the exhaustive study concluded by Council
Research and the Mayor's announcement of the new office was timely.
B. City Agency Perspectives on Chronic Problem Properties
1. Police Department: Police Chief William Finney (or his designee)
Council President Bostrom asked Chief Finney to give the Police Department's
perspective as to the high number of cases that involved domestic violence.
Chief Finney extended compliments to Gerry Strathman and the Policy
Analysts for "a very fine report." He responded to the following questions that
were given to the Police Department:
1) Are the Police Department's experiences consistent with the
findings?
Yes - the recently completed studies on problem properties in St.
Paul by City Council Research has confirmed again what the
Police Department has known for a long time - there is a
significant amount of criminal misbehavior associated with
problem properties; 34% involve aggravated assaults, 38% public
drinking issues, 47% burglaries, 50% thefts, 56% disturbance and
vandalism, 59% narcotics and drugs, 66% disorderly use and
misdemeanor type violence, and 88% domestic violence. Chief
Finney said there is no doubt that a small number of properties
account for a significant amount of criminal problems and a
significant amount of expenditure of city resources. There are
79,000 properties in St. Paul and approximately 280 of those
properties are chronic problem properties which is one -half of one
percent. These properties demand a significant amount of
resources not only in the Police Department but with violence and
intervention workers, child abuse workers, other social services,
Housing Code Enforcement, Fire Prevention, EMS, etc.
2) What do you know about the effectiveness of dealing with
chronic problem properties?
Chief Finney said the Police Department believes that the city
should identify the following priorities:
1) Better protect victims and intervene in domestic
violence at these chronic locations;
2) The Police Department needs to review and re-
energize the city's efforts in dealing with problem
properties especially when a significant amount of
social disorder creates a negative impact upon the
quality of life of all citizens. Through the FORCE
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Unit (Focusing Our Resources on Community
Empowerment), they have been able to significantly
reduce the number of drug houses in the city.
3) How to deal with chronic problem properties in the city.
Chief Finney said the city has work to do in strengthening its
efforts to work with renters, landlords, homeowners, business
owners, and community organizers to reduce the blight of unkept
housing. The Police Department is convinced that an increase in
enforcement must be a part of the plan. The Police Department
stands ready to assist whatever effort the Deputy Mayor has
outlined and the Council will endorse. He said they believe in the
community prosecutor role. They have seen wonderful results out
of the City Attorney's Office when they have worked in
partnership with the Police Department and the community
prosecutor and he feels the Housing Court is a major piece of this
endeavor.
Domestic violence is still the scourge upon the landscape of
humanity. As a first priority, intervention of this violence is
necessary. The Police Department has recently instituted a Family
Violence Unit. Part of that unit's responsibility is to partnership
with the St. Paul Intervention Project and to identify and take
enforcement action against individuals who are violating orders for
protection. This model could be expanded and some of the
resources focused on identified chronic problem properties where
domestic violence is occurring. The Police Department has a
program called SCOOP (Serious Criminal Offenders Violating
Orders for Protection). Police officers pursue individuals who have
a repeated history of ignoring orders for protection and it has been
very effective.
The other steps the city should take to deal with problem properties
have been outlined clearly by the Deputy Mayor, Chief Finny said.
The Police Department stands ready to assist in whatever efforts
are necessary, but they do feel a coordinated effort under one
organization is necessary with the full power and authority to have
a multi - layered assault upon these properties.
Councilmember Lantry said the FORCE Unit monitors excessive consumption
of police calls but domestic calls aren't counted as part of that. She did not feel
that policy should be changed, however, she said she recently was dealing with
a new problem that came up in a neighborhood and what was found was it was
all the calls involved domestic violence and they were escalating where they
got to be domestic aggravated assaults. Since they are not counted in the
excessive consumption, she asked if a way is being found to separate those out.
Chief Finney responded that the Police Department does keep track of domestic
violence calls and a grant was received and a "Focus Unit on Domestic
Violence" was established and is staffed by two sergeants and two patrol
officers who now exclusively catagorize these events and take enforcement
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action against the individuals who are the biggest violators of domestic
violence.
Chief Finney said that most murders have historically been domestic violence
and the Police Department has seen a dramatic decline in the number of
homicides. The latest statistics show that there is a decline in serious
aggravated assaults also and a good number of those are domestic violence
related. He said he feels they are making some end roads but he doesn't know if
they'll ever be at 100% or even 90% but they are bringing the repeat offenders
into accountability.
2. Fire Department: Fire Chief Timothy Fuller (unconfirmed) and Pat Fish, Chair of the
Saint Paul Problem Properties Task Force: regarding Certificate of Occupancy (C of O) and
the Problem Properties Task Force
Chief Fuller said in the area of EMS there is a considerable amount of
resources that are used responding to these properties. The paramedics respond
to the domestic violence calls when they result in injuries. These calls tax the
resources of the Fire Department. The paramedics have been trained in
identifying victims of domestic abuse and reporting the abuse to the receiving
hospital. The problem is trying to get the victim into the ambulance and to a
hospital as often times they will not agree to going and that's when their
partners in Public Safety can assist in getting people to agree to go.
Chief Fuller said the vast majority of their issues with problem properties are in
the area of EMS as there is a very expensive amount of resources involved. In
this initiative and communicating with their partners and sharing of
information, they want to have a system whereby the paramedics and
firefighters who go into these properties might recognize other problem
properties and report them.
Councilmember Lantry asked the Chief if he has thought about what sort of
system would work when they go to domestic abuse calls where the police have
not been called and a victim doesn't want to talk. She asked how the EMS
technicians will be trained and how they will insure SCOOP receives the
correct information.
Chief Fuller responded that if it is thought there is domestic abuse, they will
share it with the police officer on the scene and there will be some immediate
remedy. Paramedics are trained to be able to identify by the victim's injuries
how they occurred. The problem may be that the police are not on the scene
and they have to ask what the next step is. He said they need to review the
communication between the officers, paramedics and firefighters.
If the paramedics treat someone who appears to be a victim of domestic assault
and the person doesn't want to make a report, Council President Bostrom asked
how the confidentiality a medical technician has with the patient weaves
through all this as he understands there is a problem reporting because of that
confidentiality.
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Chief Fuller responded that Mr. Bostrom was correct as it is a medical record
bonafide and they cannot release information unless authorized by the patient.
The system for reporting domestic abuse is one where they can report it to the
receiving hospitals.
3. Citizen Services: Donald Luna, Director (unconfirmed), and Lt. Mike Morehead,
Program Director of Code Enforcement
Don Luna also acknowledged the great job Council Research did on the report.
It identifies that indeed St. Paul has a huge problem that consumes a lot of
services and a lot of people working very hard to address the needs of the
citizens. In doing so, they identify things that particularly stand out in the
report, one of them being coordination and communication, the ability to work
together and in concert to provide services to citizens.
The proposal by the Mayor for the Office of Neighborhood Housing and
Property Management is going to have a big impact on the City Clerk's Office,
Mr. Luna said. The issues identified in the report also have an impact on the
City Clerk's Office in terms of consuming a great deal of their resources.
4. Prosecution: City Attorney Manuel Cervantes and Assistant City Attorney Meghan Riley
Meghan Riley said one of her roles is to oversee the prosecution of housing
court tags in Housing Court. From January 1, 2001, to December 31, 2001, the
City Attorney's Office prosecuted approximately 350 tags in housing court.
Those tags primarily deal with violations of the city's minimum property
maintenance code with the city's certificate of occupancy program, a few
zoning tags, and some other miscellaneous provisions of the code such as
abandoned motor vehicles. Of the 350 tags, approximately 32 of the properties
have issues that go beyond minimum property maintenance standards.
Housing Court was created in 1989 through special legislation to deal primarily
with minimum property maintenance issues. The Housing Court does not
necessarily have the capacity to look at drug issues going on at a property, the
capacity to look at domestic abuse situations on a particular piece of property,
nor necessarily have the capacity to look at prostitution situations or drug or
alcohol situations that go on at a particular piece of property. The referee does
not necessarily have the ability to hear those types of problems in a citation or
charge. To the extent possible, the situations on the property beyond the
property maintenance issues, garbage, etc., can be brought to the attention of
the referee. But, the defendant's sentence probably could not be increased
based on the other situations that are going on which is due to constitutional
reasons and rules of criminal procedure.
There is a community court that was established approximately five years ago
and the goal of this court was to deal with livability issues in the city such as
prostitution, drugs, all the types of things that go on and affect the way of life in
a neighborhood and standard of community. This court could look at housing
issues. Therefore, Ms. Riley felt a lot of these multi- faceted problems could be
brought to community court and dealt with in a comprehensive manner be it
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multiple charges being brought against the particular defendant, the community
prosecutor looking at not just the prostitution and the drugs but those combined
with the condition of the property. Ms. Riley said she did not know that the
City Attorney's Office is necessarily advocating abolishing Housing Court. The
majority of properties in the City of St. Paul that have housing court
prosecution are dealt with one, maybe two, prosecutions so the system of
Housing Court does appear to be working.
There are several other enforcement tools that the City Attorney's Office can
assist with in dealing with chronic problem properties. Some of them include a
tenants remedies action which under state statute the city could bring in action
in Housing Court to assist tenants in dealing with problem landlords. The city
has a nuisance abatement action under state law where the city can seek an
injunction in district court if a property owner fails to take care of nuisance
activity on the property. Other tools available to the city include administrative
search warrants. If property owners are refusing to allow inspectors into the
property, the city has the ability to obtain an administrative search warrant to
get in and find out what is going on. There is also certification of occupancy
revocation that the City Attorney's Office can help with. She said the City
Attorney's Office is open to a multi- faceted approach but they would
recommend that one of the forms that is available is perhaps Community Court
rather than Housing Court as a viable option.
Council President Bostrom said the city has to decide if a separate prosecutor is
needed for the criminal conducts that are going on. Housing Court and
Community Court were talked about and they have to look at how they get
these things into the right place in a very timely fashion which he feels has
been lacking in the city's ability to deal with this in the past because no one
knows exactly where to go. It has to be determined who gets what problem and
follow it through until it is resolved. He said the City Attorney will be a major
player and he asked Manuel Cervantes how his office will help.
Mr. Cervantes said they have a community prosecution program that is already
in place where there is a county attorney and a city attorney appointed to work
out in the street and deal with the livability issues that Ms. Riley talked about.
The focus has not been specifically on chronic problem properties but has been
on prostitution, fighting, assaults, etc. so there are prosecutors specifically
dedicated to that. He said he could see incorporating that function with an
emphasis on the chronic problem properties and teaming up so that could be an
additional criteria that is looked at in terms of working with the police and
working with the community.
Councilmember Lantry said when they look at solutions, they should see if
there is a way to do it internally - possibly the Council imposing a fine. The
more internal it can be kept the better it will be, Lantry said.
Ms. Riley responded that the City of Bloomington, as well as some other
jurisdictions, has instituted an administrative penalty scheme that is not
necessarily considered a criminal forum where someone would hear various
complaints - primarily housing complaints - but it can include other issues such
as building contractors and building issues. They have instituted the ability for
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the city to impose an administrative fine. What's lacking for the City of St. Paul
to do that is authority either through special legislation or possibly a Charter
change. It is another tool that could be looked at.
C. Community Perspectives on Chronic Problem Properties
John Vaughn, Community Organizer, District 4 (Dayton's Bluff)
John Vaughn said the Dayton's Bluff Community Council has been fighting the
property war for the last few years with varied success. He said the report does
a very thorough job of laying out the complexity of problem properties and he
complimented Gerry Strathman and his staff on their work.
As a community organizer, Mr. Vaughn said there is no doubt in his mind that
problem properties and code enforcement are the bane of many neighborhoods
in St. Paul. One property can ruin a neighborhood and can have a profound
negative effect on residents. The other side is that often residents get very
motivated to work on these issues. He said as a community organizer, he looks
for issues that people feel very passionate about and those are usually issues
that affect them and are "in the face." That is why any good community
organization is going to be working on problem properties.
The first Tenant Remedies Act (TRA) they tried was unsuccessful. They tried it
again in 2001 and were successful. They took it out of the landlord's hands,
went into court, a legal aide represented them, and they went back to the
landlord and entered into an agreement with him and he cleaned up and
improved the property. They have taken direct action; they've gone to
landlords' places of business with 35 people. Three years ago they summary
abated a property themselves. The property was not getting cleaned up and the
district council took trucks and cleaned it up.
The district council has tried rental registration petitions and they were
requested by the city to stop. They have had a Good Neighbor program for
three years and they have done a good job of cleaning up their target areas.
Mr. Vaughn recognized Jack Reardon, Code Enforcement Officer, who works
closely with the district council. He said it makes a big difference in terms of
the neighborhood group and Code Enforcement interacting to get things done.
The Good Neighbor program is still going well in his neighborhood, Vaughn
said. However, in the other three neighborhoods it started in it has wilted and
he suggested it could be revisited by the city to help the neighborhoods with the
program.
Mr. Vaughn said the district council has done a lot with block club pressure.
District 4 is a store front police office and they work with officers who are
there every day. They have sponsored a tenants course; they contract with the
Community Stabilization Project and they do three 16 hour tenant courses in
the neighborhood each year. They used to do a landlord course with the St. Paul
Association of Responsible Landlords. The course has been enlarged and now
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it serves the entire city. They also have a full -time position dedicated to
housing placement - placing people in rental units and also problem solving
with landlords. In some cases the first part of housing placement is extricating
people from problem properties. Some of the things they are able to do by
being aggressive and going in and doing rental registration petitions. By doing
direct actions, they can keep tenants safe.
Mr. Vaughn said that with all of the examples he cited, the district council
benefits from support from the city but they are things they choose to do
themselves. In the case of Code Enforcement relationships, they need close
cooperation to be successful in the things they do, particularly the Good
Neighbor program.
Mr. Vaughn said as the Council gets into a planning and response phase from
this report, they should not just view dealing with problem properties as a city
function. There are many things that community organizations that are
responsible and stable can do and can work with the city.
2. Shelly iohnson+hne, , Rebecca McLane, Program Manager Saint
Paul Intervention Project
Rebecca McLane commended Council Research on the report. She read the
following statement from Shelly Johnson - Cline, Executive Director of the Saint
Paul Intervention Project.
"After reviewing the Council Research Report on Chronic Problem Properties
in the City of St. Paul, there were a number of things that stood out. The first
was the fact that 88% of the properties had calls to the police due to domestic
violence. Although those statistics revealing so many people living in violence
can be disheartening, the mere fact that so many individuals felt comfortable
and most probably confident in calling the police is a credit to our community.
This would not have been the case ten years ago but due to the hard work and
determined outreach efforts of (word undecipherable) Women's Advocates, the
police department and other numerous (word undecipherable) members and
organizations in our community, women are beginning to feel they have the
right to be safe in their homes and have access to the laws and services which
are there to protect them. That I would think is what all of us want."
"The second thing that stood out is the multiple problems associated with these
properties: disorderly violent youth, robberies, vandalism, damage to
properties, and low or no maintenance on the properties themselves. Many of
these problems can be seen as direct consequences of a violent home. An
example, 66% of the properties have the problem of disorderly youth and other
violence. Children who have witnessed or have become victims of abuse, often
have serious behavioral problems. These can range from aggressive and anti-
social behavior to becoming withdrawn and constantly fearful. Children raised
in violent homes, particularly boys, often have a very dangerous perception of
violence believing violence is crucial in resolving conflicts and that acting
aggressively will enhance their self - image. It is not unusual to have shattered
windows, broken locks, holes in the walls and other damaged property when
there is a violent perpetrator living on or disturbing the premises as with 44%
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of the studied homes. It is not a surprise that these chronic homes where there is
domestic abuse are in ill repair, an estimated 41 %. For homeowners who are
victims of abuse, being able to care for their home becomes almost impossible.
Abusers deliberately immobilize their victims (the vast majority are women),
the victim is probably not allowed to access any of the finances, is deliberately
isolated from seeking help or assistance, and has been blamed unfairly, and
most likely cruelly, for the condition of the site."
"If the victim is a renter, she and her family become subject to being evicted if
the damage is the result of the abuser, and if the landlord is at fault and the poor
conditions are brought to the attention of the coding authority, she will no
doubt face increase rent payments to cover the repairs."
"It is obvious that the problem of chronic problem properties is not by any
measure an easy situation to resolve. Domestic violence in itself is a very multi-
faceted complicated problem. I sincerely agree that the problems of these
properties need to be seriously addressed but I do ask that we move very
carefully and very cautiously when amending this problem where there is
domestic abuse. If we focus our initial efforts on resolving and addressing the
most critical problems that plague these properties, the solutions to the less
dangerous issues will more naturally fall into place. We must always consider
the safety and well being of the victim and her children and not unintentionally
dissuade them from calling the police for help."
"I strongly support our agency, the Saint Paul Intervention Project, and the
Saint Paul Police Department, as well as other representatives and community
members who are working on the issues that encompass chronic problem
properties. The work of the Saint Paul Police Department's new Family and
Sexual Violence Unit has already had a profound impact on how our criminal
justice system responds to domestic violence. The Unit has greatly increased
the level of trust and victims and community members have been reaching out
to the police. Its focus on addressing the needs and safety of victims is working
in even closer partnership with Saint Paul Intervention and other community
programs and is intent on assuring that repeat chronic abusers are held
accountable for their crimes."
"If the City Council and Mayor call for a strong, collaborative team to work
with the new city office and will build on the accomplishments of existing
partnerships, utilize the knowledge and various expertise of community
agencies, (word undecipherable) entities and members of the community and
further support the successful efforts of those who currently focus on resolving
these issues, we believe that we will be very successful in still fully reducing
and hopefully eliminating the chronic problem properties in St. Paul."
Roxi Walker, District 5 (Payne Phalen) Community Crime Prevention Coordinator
Roxi Walker said the biggest part of her job as Community Crime Prevention
Coordinator is problem properties and she spends 99.9% of her time dealing
with these properties. She commended the city for the great job the various
departments are doing in dealing with problem properties.
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From District 5's point of view and speaking with the residents of District 5,
Ms. Walker said the biggest issue they have when dealing with problem
properties is a lack of communication between city departments and the
community in general. She said she believes the community has to be educated,
not just from a district council's point of view, but by the various departments
that would actually come out into the community and do educational forums
and seminars on the policies, ordinances, and the laws of the City of St. Paul.
She said she believes the community should have some input as to what is
defined as a code violation and what is not. If the small things are nipped, there
will not be chronic problem properties in our community. Ms. Walker said they
are grateful for the opportunity to speak and for the city to look at what it's
doing and what is working and what is not working. It's all about
communication and relationships - working together with the appropriate
people. What's compliance and what's not must be defined. Ms. Walker said
she feels they have been quite successful dealing with problem properties but
she understands there could be improvement and they want feedback from the
city. The District Council wants to work together with the city; they can't
eliminate all of the problems but many of them can be resolved in a short
amount of time if they work together.
D. Community Comment on Chronic Problem Properties
No discussion
E. Council Discussion
Council President Bostrom recommended that Gerry Strathman, Dennis Flaherty, Don
Luna, Chief Fuller, Chief Finney, and Manuel Cervantes meet in the next two weeks and
return to the Council on April 10, 2002, with their opinions on what was discussed at this
meeting and what they think will work to address these problems. He asked Mr. Flaherty if
he would be willing to coordinate the group meeting and work with the Council in bringing
this together. Mr. Flaherty acknowledged that the Administration would be happy to oblige
and they will need cooperation from everyone with the issues that were talked about at this
meeting.
Councilmember Blakey told Mr. Flaherty as they go forward on the proposal, one thing that
comes to mind was that the inspectors will be uniformed. He said he would also like to
insure that the inspectors are safe. Mr. Flaherty said their paramount concern is the safety of
all employees but especially those they have working in the community and going to
properties that are not necessarily safe. It's extremely important to integrate that work with
the police officers.
Mr. Blakey said he felt it would be good to look into the administrative penalty discussed
by Ms. Riley. Mr. Flaherty said the City Attorney was asked by the Mayor early on to work
closely with the Housing Court and see how they can raise the level of these offenses in the
eyes of the Housing Court. Having a City Attorney representative in the office working with
these people to forge a relationship between the Housing Court and Code Enforcement will
be critical.
Councilmember Blakey moved to adjourn the meeting.
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Yeas - 6 Nays -0
ADJOURNED AT 6:45 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson May 8, 2002
Assistant Council Secretary
mce
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