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Community & Human Services Cte Minutes 11-30-1988 • MINUTES Community and Human Services Committee November 30, 1988 1:00 P.M. Council Chambers The meeting began at 1:00 p.m., but was not called to order at this time due to the lack of a quorum. A discussion ensued regarding the first item on the agenda: Continuation of roundtable discussion on housing tags, where they belong: The Court System or T.V.B. (Traffic Violations Bureau). Discussion on how to restore ta�ging as an enforcement tool for inspectors, discussion on creation of Housing Court--pros and cons. Michael Calvert, Criminal Case Manager, as well as all key components, will be invited to participate. (Continued from October 19, 1988.) The following particiapted ir. the discussion: Janice Rettman, Chair; Joe Collins, Legislative Aide; Terry Sullivan, City Attorney's Office; Gerald Kaluzny, Southern Minnesota Regional Legal Services; Pat Moen, Director of Planning and Policy Analysis at Ramsey County Sheriff's Department; Wendy Lane, Zoning Manager-Building Inspection; Steve Zaccard, Fire Marshall; Mike Calvert, District Court; Mike Moriarity, District Court; Erank Staffenson, Division of Public Health; and Chris Lukesh, Housing Informat�on Office. Jim Murphy distributed a matrix which he had prepared regarding concerns and recommendations. Mike Moriarity cited various housing type violation fines currently charged: Failure to maintain basic facilities, $50; inadequate light/ventilation, $30; minimum standards • for fire, $100; occupying building without certificate, $300. These are from the uniform fine and bail schedule. Moriarity stated the judges feel they need more direction from the City Council. The Sentencing and Bail Release Committee had not met previous to this meeting. Steve Zaccard noted he has never seen a$300 fine; the highest he has noted has been $100. Terry Sullivan stated these are recommendations made by the judges, they are not part of our ordinances. The backlog of civil cases is approximately 10 months; the cases are coming to court in 12-14 nonths. The meeting was called to order by Janice Rettman, Chair, at 1:30 p.m., as a quorum had been attained. In addition to those participating in the roundtable discussion on housing tags, the following were present to constitute a quorum: Janice Rettman, Chair; Bob Long, Councilmember, Roger �oswitz, Councilmember;'and Bill Wilson,Councilmember. The roundtable discussion continued. Mike Moriarity suggested that the judges meet with the Committee or drafts be available, containing recommendations, so a meeting could be held before the matter is brought before the City Council. It was a consensus of the Committee that a higher fine schedule be utilized to create compliance; Roger Goswitz stated this should be time certain for completion. Frank Staffenson noted that a tag is rarely issued on a first call, that many landlords do nothing until after the tag is issued. He questioned whether it would be feasible to assess some cost of relocation (outside of criminal charges) against the owner. Terry Sullivan stated someone from the City Attorney's office will contact Staffenson to conduct research to see if there are avenues for collection of service charges, assessment costs, etc. A legal opinon will be prepared regarding assessment of relocation costs. Chris Lukesh noted the Housing Information Office is spending $350+ per relocation. Jerry Kaluzny • discussed restitution for offenses; Sullivan will check into this, also. Long urged the fine increase to discourage repetition of the offense. Computer access with Ramsey Courts was discussed. Mike Calvert stated he will discuss this with their computer person, Earl Wolford. Moriarity stated he shared the flow chart with the Calendar Committee; concern was expressed regarding a number of specialized courts. Community and Human Services Committee • MINUTES November 30, 1988 Page Two Moriarity stated it was his understanding that a housing court of sorts had been in place for about six (6) months. Staffenson noted that in the 25 years he has been involved with housing inspection there has been no housing court. He observed that the Housing Code was only adopted by the City Council in 1962. Joe Collins suggested a"Housing Day". Discussion ensued. Moriarity will check into this and communicate with the judges. He will check into Hennepin County's "Housing Day". Sullivan will check into a rent escrow system. Jim Murphy and Jerry Hendrickson, City Attorney's Office, will meet regarding issuance of tags by enforcement personnel: number of tags issued, disposition in City Attorney's Office, etc. Sullivan added that Hendrickson will look into the situation of the presence of inspectors at pre-trial hearings, and the matter of the complexity of the Zoning Code and the attorneys attaining a good working knowledge of it. Roger Goswitz queried Pat Moen as to the number of outstanding warrants in the Sheriff's Office; she answered there are presently 60,000. Staffenson discussed the issue of "Failing to Obey a Lawful Order", which is utilized by Minneapolis. Hendrickson, Murphy, and Staffenson will meet regarding this matter. The matrix presented by Murphy was discussed at length. Rettman noted that this item will be on the agenda of the first Community and Human Services Committee meeting in January, adding that Murphy will distribute documentation to all present at discussion with resolutions,drafted concepts included, legislative intent, what we can do with the matrix with or without the utilization of a housing • court. At this time, Bob Long made a motion that the minutes of the October 19 and November 2, 1988 meetings be approved as submitted. This was passed unanimously on a 3-0 vote. The next item for discussion concerned City Council Agenda 10/27/88, Item No. 4: First Reading - 88-1720 - An ordinance amending Sections 271.01 and 271.04 of the Saint Paul Legislative Code concerning disorderly houses. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.) This ordinance adds language which singles out the individual unit of a multi-unit dwelling, hotel, motel, or building which can be considered a disorderly house. The amendment includes evidence of the saie or use of drugs. Currently, when the police carry out a police warrant on a crack house, they cannot search all people present . These people are not under arrest and cannot be searched. With this ordinance, if any of the evidence is in the house, it is considered a disorderly house. The police can legally arrest and search all parties in the house. This includes prima facie (at first sight) evidence of a disorderly house. Sullivan explained prima facie; e.g., with no other evidence introduced, it shows that it has happened. Lt. Don Winger, Vice Unit, Saint Paul Police Department, noted that the Police Department supports this ordinance. Sullivan added that the City Attorney's Office supports this, also. Bill Wilson made a motion that this ordinance be recommended for approval. This passed on a 4-0 vote. The next item discussed was City Council Agenda 11/3/88, Item No. 4: First Reading - 88-1762 - An ordinance amending Chapter 272 of the Legislative Code by adding a new section establishing certain factual circumstances to be considered in determining intent to violate the prohibition against litering or lurking for the purpose of • engaging in prostitution. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.) This ordinance amends Chapter 2,72 of the Legislative Code by adding Section 272.04, which addition will identify what constitutes solicitation. The Police cannnt arrest a person for waving at cars, engaging people who are passing, etc., but only when there . . • Community and Human Services Committee MINUTES November 30, 1988 Page Three are facts present of a crime being committed. This ordinance will give the Police and City Attorney's Office information which can be usPd to prosecute a case. Rettman asked whether this would strike Chapter 272.03. Sullivan answered no. He added this would stand as a misdemeanor which could end up in court. Wilson will be requesting legislation to allow these activities to be gross misdemeanors. Lt. Winger stated that these incidents go to the City Attorney's Office and the court system, are processed through the criminal system. Bill Wilson made a motion that this be recommended for approval, with a friendly amendment: Under Section l, 272.04, first paragraph, last sentence--omit colon (:); add "whether a person:". This was passed on a 4-0 vote. The next item discussed was City Council Agenda 11/1/88, Item No. 15: Resolution - 88-1749 - Supporting state legislation requiring state licensing of day care providers and the establishment of minimun standards to insure that all day care standards are met by the providers. (FOR REFERRAL TO THE COMMUNT.TY AND HUMAN SERVICES COMMITTEE.) Joan Foreman, Public Health Nurse, Division of Public Health, stated there is already state licensing in this matter and it is�presentl�y on the baoks; she questioned whether this is an affirmation. Discussion ensued. It was noted that specific language should have been included to encompass the day care ordinance adopted by the City Council. • This was laid over for one (1) week for a redraft by Terry Sullivan. - - The next item concerned City Council Agenda 10/6/88, Item No. 18: Resolution 88-1617 Whereby the Saint Paul Board of Health designates the City of Saint Paul as its fiscal agent, and authorizing proper City officials to contract on its behalf with the State Department of Health. (Terry Sullivan to draft appropriate resolutions or ordinances to address the intent expressed by Council Members. Draft will be available November 30, 1988.) The Saint Paul Board of Health was created by a resolution. Because Saint Paul is located in a county with more than 300,000 residents, the City Council may assume the responsibilities of the Board of Health. This resolution would have the Saint Paul Board of Health designate the City of Saint Paul as its fiscal agent. Rettman asked Terry Sullivan whether this would in any way change the structure of the Board of Health. Sullivan answered that this would not change the structure of the Board of Health in any way; e.g., the City Council acting as the Board of Health. A motion was made by Bob Long that this be recommended for approval. This was passed on a 4-0 vote. The last agenda item concerned City Council Agenda 10/13/88, Item No. 18: Resolution - 88-1656 - Supporting the allocation of adequate levels of federal funding for the purpose of providing retirement programs to benefit the dedicated Community Action Employees of America. (FOR ACTION.) (Referred to Cor.imunity and Human Services Committee at Bill Wilson's request.) (Laid over from November 2, 1988 at Bill Wilson's request.) Wilson explained that this is a very complicated issue and one not easily worked out. He discussed the possibility of the appointment of a City Council Advisory Committee to work on it. Mention was made of referral to a Legislation Committee. Wilson requested that this be laid over indefinitely until . it is decided how best to handle this resolution. Bob Long made a motion that the meeting be adjaurned. The meeting adjourned at 3:35 p.m.