Loading...
Community & Human Services Cte Minutes 10-19-1988 . MINUTES • Community and Human Services Committee October 19, 1988 1:30 P.M. Council Chambers The meeting was called to order by Janice Rettman, Chair, at 1:20 p.m., the lateness due to the lack of timely attainment of a quorum. The following were in attendance: Janice Rettman, Chair; Bob Long, Councilmember; Tom Dimond, Councilmember; Roger Goswitz, Councilmember; Terry Sullivan, City Attorney's Office; Joe Collins, Legislative Aide; and Barbara Benson, Secretary. A motion was made to approve the minutes of the October 5, 1988 Community and Human Services Committee meeting. This was seconded and passed unanimously. The following items were laid over to November 2, 1988 so that Councilmember Sonnen may be present to address them: l. City Council Agenda 10/6/88, Item No. 6: First Reading - 88-1611 - An ordinance amending Chapter 293 of the Legislative Code pertaining to noise regulations by modifying notice requirements of applications for variances and providing for newspaper publication. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.) 2. City Council Agenda 10/6/88, Item No. 23: Resolution - 88-1622 - Setting fee for • processing noise variance application. (FOR REFERRAL TO THE COMMUNITY AND HUMAN SERVICES COMMITTEE.) The first item of business concerned City Council Agenda 9/20/88, Item No. 8: Resolution - 88-1515 - Foregoing any and all interest in developing a first class park on property described as Blocks 1, 2, 3, 4, 5, 6, 7, and 8 of Saint Paul Park Acre Lots in Newport, Minnesota, conveyed by Gordon and May Bailey, and agreeing with Washington County that Newport, Minnesota should be the owner of said property. (FOR ACTION.) (Laid over to October 19, 1988, at the request of the Division of Parks and Recreation.) Claire Martin, Division of Parks and Recreation, stated this is a housekeeping matter to complete the transfer of a parcel of land located in the City of Newport to the City of Newport. In a Quit Claim Deed, dated December 27, 1967, Gordon and Margaret Bailey conveyed a parcel of land to the Minnesota Zoological Society. The condition of this conveyance is that a Zoological Garden be constructed there; as this did not happen, the p�roperty was conveyed to Washington County with the stipulation that a first class park be effected there. On June 3, 1975, Washington County accepted the property, but decided against a first class park. The land was then conveyed to the City of Saint Paul, with the stipulation that a first class park be created by the City. The Division of Parks and Recreation has declined the park idea, alleging that the property is too steeply sloped, there are NSP electricity towers on the property, and an oil pipeline easement beneath the property. Dimond voiced his concern regarding relinquishment of a valuable piece of property. Rettman suggested that this be kept in committee for a work-up by Terry Sullivan and Jim Hart (he has reviewed the Quit Claim Deed); e.g., first class park definition, proximity to the City of Saint Paul, how this would impact usage, availability of funds on state and city level. Long mentioned points to • consider: 1) Are we still able to accept this land; 2) What is meant by first class park; and 3) Are we able to develop this jointly with any other government body. Claire Martin will supply Jim Murphy with written documentation from Washington County. This item was laid over to the November 2, 1988 Community and Human Services Committee meeting. MINUTES Community and Human Services Committee Meeting • October 19, 1988 Page Two The next item concerned a letter from Sharon Voyda, District 6 Planning Council, dated September 12, 1988, requesting the opportunity to make a presentation to the City Council. (Laid over to October 19, 1988, at Sharon Voyda's request.) Rettman noted that she has received a letter from Reno Rossini, 1461 North Kent Street, addressing several concerns, among them Ideal Hall and responsibility for an action which occurred there. Sharon Voyda, Community Organizer of District 6 Planning Council, presented a police report of gambling at Ideal Hall, 1494 North Dale Street, on April 11, 1987. She noted this report was put together ten (10) months after the incident occurred. She stated that District 6 Planning Council is requesting that the City Council determine who was, in fact, responsible for the illegal gambling. She questioned why this issue did not go before an Administrative Law Judge for an Adverse Hearing. Phil Byrne, City Attorney's Office, stated there was no tag issued in this matter. He observed there is a different set of statutes relating to liquor establishments than hall licenses. He added that the liquor industry is the most heavily regulated industry; the guidelines are vPry strict. Discussion ensued regarding liquor licenses versus hall licenses. Byrne noted it was determined by the City Attorney's Office that there was insufficient evidence to go before an Administrative Law Judge. Rettman observed that this Committee should perhaps "tighten up" so that hall and liquor establishments are "judged" in a proper sense, so that a licensed gambling hall operation is responsible for the actions occurring on the premises. She noted that the appropriate action for this�Committee to take would be to look at the language and • place the responsibility in the correct area. She will pursue this. This item will be kept in Committee. Sfis added that this will be worked on in Committee within the next month or two. The next item concerns a roundtable discussion on housing tags, where they belong: The Court System.or T.V.B. (Traffic Violations Bureau). Discussion on how to restore tagging 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. The following joined with the Committee on the roundtable discussion: Chris Creamer-Lukesh, Housing Information Office; Gerald Kaluzny, Southern Minnesota Regional Legal Services; Michael Moriarity, Director, Administrative Services, District Court; Mike Calvert, Criminal Case Manager, District Court; Wendy Lane, Zoning Enforcement, Building Inspection and Design Division; Steve Zaccard, Fire Prevention Division, Fire Department; and John Betz, Environmental Health Section, Division of Public Health. Rettman began the discussion by addressing tagging for violations, noting that most tags end up at the Traffic Violations Bureau. Goswitz questioned why housing tags end up in Traffic Violations Bureau. Terry Sullivan answered that the tag ends up in T.V.B. because it is a violation of a City Ordinance and thus a misdemeanor. Mike Calvert stated that at the onset, the courts thought it most appropriate in T.V.B. If the person pleads not guilLy, it goes to court; if the person pleads guilty, it may be paid for or discussed with a hearing examiner. Sullivan noted this does not help correct the problem as a health condition, merely charges them a fine. This does not insure compliance. John Betz stated his section issues tags for lack of smoke detectors, sanitation problems, defective plumbing, heating, etc. He noted that tags are not the best tool for compliance because of the time element. Steve Zaccard observed that his section has issued 166 tags this year; he is aware of the disposition of only 20 of them. • Wendy Lane noted that under the Zoning Code there is no authority to summary abate a violation. Mike Calvert stated he is unsure whether the court system is aware that people have been given sufficient time to correct the problems before being tagged. � MINUTES Community and Human Services Committee • October 19, 1988 Page Three Calvert noted that the court system is computerized and any tag's status indicated. The court system does not generate reports for individuals, but the status will be revealed upon request. Rettman queried as to whether the tags would be better handled in an area other than T.V.B. Calvert asked where it seems a breakdown may be occurring. Betz observed that extensions are being given without consultation, too much time is elapsing. Jerry Kaluzny stated that while the City is fighting with the owner, the tenant is not paying the rent; thus, no money is being generated to repair the building. He feels there is no consistency in the court system. He discussed the evictions issue in conjunction with a Housing Court, which he feels would be most effective. Bob Long questioned whether extensions of time could be disallowed by the hearing examiner. Calvert answered this could be made as a policy decision. Mike Moriarity noted that the courts are now using referees in unlawful detainer cases. Chris Creamer-Lukesh discussed relocating tenants out of condemned buildings, indicating that the tagging system has not worked. She observed that in most cases the people involved need affordable housing and that the tenants are getting penalized instead of the landlord because they are living in the property. Terry Sullivan stated he has met on several occasions with Zaccard and staff from Rettman's office. He feels that some of the time lag occurs in the City Attorney's Office. Betz stated that fines should be increased. Moriarity noted the fine schedule is now $100 and $110; that is the figure quoted to them by the hearing officers. Joe Collins observed that in cases involving a condemnation, you are removing the person, not the hazard. He questioned the process: When it goes to T.V.B., how • much information do they have? How much training do they have in terms of the Housing, Zoning, and Fire Codes? Zaccard stated other than a form filled out, they have no additional background information. He added he previously had received copies of the disposition of the tag, but this was discontinued in May. Wendy Lane observed that the system seems to have been set up to punish, not achieve compliance. Moriarity noted that the judges have various committees, one of which looks at sentencing practices. Lane added that the Zoning Code is very complex and that some of the criminal attorneys are not familiar with it because very few citations are issued. She noted that there have been instances where the City Attorney's Office has called when the inspector was out and it was not followed up; thus, the case was dropped. She is not convinced that the judges and attorneys realize these situations are causing such immense problems for the neighborhoods. If the cases do go to court, the neighbors are not there to testify. The neighborhood is never informed. Betz observed that in many cases (too often) the owners of rental property know when it is the "end of the line". By the date of the hearing, they will have taken care of the deficiency. They are receiving the maximum amount of time. He would like to see a fine impos�d regardless. Rettman apprised all of those participating in the discussion that her staff will make a list of all of these items. They will be shared with all. Any action needed to be taken will be pinpointed. She requested that any persons having additional items for inclusion should forward them to her office. Calvert and Moriarity will apprise the judges and committees of the discussion which ensued today. This discussion will be continued in four (4) weeks. Sullivan stated that the City could make a presentation to the judges to encourage schedule changes. An order to repair would be more effPCtive than any fine. Calvert requested that all outstanding tag numbers be submitted to him so that the issuing division may be informed of the status. Zaccard and Betz will proceed with this. There will be a continuation of this discussion in four (4) weeks. • The meeting adjourned at 4:20 p.m.