01-11-2012 Council PacketCity Council
City of Saint Paul
Meeting Agenda
City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
Council President Kathy Lantry
Councilmember Dan Bostrom
Councilmember Amy Brendmoen
Councilmember Melvin Carter III
Councilmember Russ Stark
Councilmember Dave Thune
Councilmember Chris Tolbert
Council Chambers - 3rd Floor3:30 PMWednesday, January 11, 2012
ROLL CALL
CONSENT AGENDA
Note: Items listed under the Consent Agenda will be enacted by one motion with no separate
discussion. If discussion on an item is desired, the item will be removed from the Consent
Agenda for separate consideration.
1 RES 12-68 Authorizing the Department of Parks and Recreation to renew a five-year lease
agreement with Como Friends for office space at Como Park Zoo and Conservatory's
Zoological Building.
Sponsors:Stark
2 RES 12-67 Supporting the selection of Alternative One of the Alternatives Analysis Milwaukee-Twin
Cities High-Speed Rail Corridor Program.
Sponsors:Stark
PC Resolution 11-101 11-12-16.docAttachments:
3 RES 12-64 Authorization for the Police Department to enter into a Joint Powers Agreement with the
State of Minnesota for bomb disposal services.
Sponsors:Lantry
State Joint Powers Agreement Bomb Disposal ServiceAttachments:
4 RES 12-63 Authorizating the Police Department to remit an amount not to exceed $1,000 to cover
expenses incurred from Citizen Academy specifically focused toward the Somali and
East African Community.
Sponsors:Lantry
Somali and East African Community.pdfAttachments:
Page 1 City of Saint Paul Printed on 1/9/2012
January 11, 2012City Council Meeting Agenda
5 RES 12-20 Memorializing City Council action taken on December 21, 2011 sustaining adverse
licensing action against all licenses held by Jonah Ogiamien d/b/a Jonah Ogiamien
located at 508 Snelling Avenue North.
Sponsors:Stark
6 RES 12-41 Approving the appointment of Nicole Wittig-Geske as Legislative Aide in Ward 3.
Sponsors:Tolbert
7 RES 12-42 Approving the appointment of Kim O'Brien as Legislative Aide in Ward 5.
Sponsors:Brendmoen
8 RES 12-51 Granting preliminary approval to the issuance of certain general obligation and revenue
bonds as approved in the 2012 city budget and authorizing city finance staff and
advisors to take certain actions with respect to the sale of such bonds. ( 2012 spring
bond sale)
Sponsors:Lantry
Exhibit A Ptrelim Resolution 2012 Bond sale summary 1.4.12.pdfAttachments:
FOR DISCUSSION
9 CO 12-1 Presentation by the American Public Works Association (APWA), awarding the
Department of Public Works the APWA accreditation status.
Sponsors:Lantry
10 RLH FCO
11-496
Appeal of Juley Viger to a Fire Certificate of Occupancy Correction Notice at 730
COMO AVENUE. (Public hearing held December 7)
Sponsors:Brendmoen
730 Como.appeal.10-31-11.pdf
730 Como Ave.Photos.11-15-11.pdf
730 Como Ave.CC Presentation by Viger.12-7-11.pdf
730 Como Viger email 1-4-12.pdf
730 Como Ave.Viger Ltr 11-16-11.doc
730 Como Ave.Emails btwn Viger and Vang.pdf
730 Como.Partial BZA Ap provided at LH.1-3-12.pdf
Attachments:
Page 2 City of Saint Paul Printed on 1/9/2012
January 11, 2012City Council Meeting Agenda
ORDINANCES
An ordinance is a city law enacted by the City Council. It is read at four separate council
meetings and becomes effective after passage by the Council and 30 days after publication in
the Saint Paul Legal Ledger. Public hearings on ordinances are held at the third reading.
Final Adoption
11 Ord 11-105 Amending Chapter 183 of the City of Saint Paul Legislative Code pertaining to human
rights.
Sponsors:Carter III
Ord 11-105 Financial Impact Statement.pdfAttachments:
12 Ord 11-120 Amending Chapter 185 of the Legislative Code to move debarment determinations from
the City Council to the Department of Human Rights and Equal Employment
Opportunity.
Sponsors:Lantry
13 Ord 11-121 Memorializing City Council action taken on December 7, 2011, granting the application
of Fort Road Coffee Company LLC to rezone property at 1518 Randolph Avenue from
B1 Local Business to T2 Traditional Neighborhood and amending Chapter 60 of the
Saint Paul Legislative Code pertaining to the Saint Paul zoning map.
[Zoning File #11-282-365] [Public hearing held December 7, 2011].
Sponsors:Harris
First Reading
14 Ord 12-1 Memorializing City Council action granting the application of Interworld Development Llc
for the rezoning from B2 Community Business to T2 Traditional Neighborhood of 1773
Selby Ave and amending Chapter 60 of the Saint Paul Legislative Code pertaining to
the Saint Paul zoning map.
Sponsors:Stark
SUSPENSION ITEMS
ADJOURNMENT
Page 3 City of Saint Paul Printed on 1/9/2012
January 11, 2012City Council Meeting Agenda
Council Meeting Information
Web
Meetings are available on the Council's website. Email notification and web feeds (RSS) of
newly released Minutes, Agendas and Meetings are available by subscription. Please visit
www.stpaul.gov/council for meeting videos and updated copies of the Agendas, Minutes and
supporting documents.
Cable
Meetings are live on St Paul Channel 18 and replayed on: Thursdays at 5:30 p.m., Saturdays at
12:30 p.m., and Sundays at 1:00 p.m. (Subject to change)
Page 4 City of Saint Paul Printed on 1/9/2012
City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1RES 12-68 Name:Como Friends Office Space Lease Renewal 2012
Como Friends Office Space Lease Renewal 2012
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Authorizing the Department of Parks and Recreation to renew a five-year lease agreement with Como
Friends for office space at Como Park Zoo and Conservatory's Zoological Building.
Sponsors:Russ Stark
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Title
Authorizing the Department of Parks and Recreation to renew a five-year lease agreement with Como Friends
for office space at Como Park Zoo and Conservatory's Zoological Building.
Body
WHEREAS, Como Friends, a non-profit partner of Como Park Zoo and Conservatory wishes to renew a five
year agreement between the City of Saint Paul Parks and Recreation for leased office space at Como Park
Zoo and Conservatory's Zoological Building, 1225 Estabrook Drive, Saint Paul; and
WHEREAS, Como Friends is a nonprofit organization dedicated to supporting, preserving and enhancing
Como Park Zoo and Conservatory; and
WHEREAS, Since 2001, Como Friends has invested more than $30 million in improvements at Como,
including the recent completion of the Capital Campaign raising $8.45 million for Polar Bear Odyssey and the
Japanese Garden Experience; and
WHEREAS, the Department of Parks and Recreation and Como Friends wishes renew the current agreement
for five year lease for the nominal sum of $5.00; and
WHEREAS, Saint Paul Administrative Code §86.03(b)(1) requires city council authorization to lease parkland
or recreational facilities for a period of more than one year; now, therefore, be it
RESOLVED, that the Saint Paul City Council finds that the granting of a five year lease agreement for Como
Friends at 1225 Estabrook Drive for the sum of $5.00 has a public purpose and authorizes the appropriate city
officials to execute the attached lease.
City of Saint Paul Printed on 1/10/2012Page 1 of 1
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City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1RES 12-67 Name:High Speed Rail Preferred Alternative
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Supporting the selection of Alternative One of the Alternatives Analysis Milwaukee-Twin Cities High-
Speed Rail Corridor Program.
Sponsors:Russ Stark
Indexes:
Code sections:
Attachments:PC Resolution 11-101 11-12-16.pdf
Action ByDate Action ResultVer.
Title
Supporting the selection of Alternative One of the Alternatives Analysis Milwaukee-Twin Cities High-Speed
Rail Corridor Program.
Body
Enter the body of the resolution or ordinance here. If an attachment is a part of the resolution or ordinance
body, reference it specifically.
WHEREAS, the State of Minnesota, in conjunction with the states of Illinois and Wisconsin, has been studying
"High Speed Rail" between Chicago and the Union Depot; and
WHEREAS, such High Speed Rail will provide reliable and competitive passenger rail service by decreasing
travel times, increasing frequency of service, providing accessibility to major population centers, improving
freight rail mobility and minimizing environmental impacts; and
WHEREAS, in 1996, nine Midwest states, including Wisconsin and Minnesota, and Amtrak formed the
Midwest Regional Rail Initiative (MWRRI); and
WHEREAS, The work of the Initiative (MWRRI) has resulted in a well coordinated and integrated 110-mph rail
Business Plan that defines the way in which the rail system should be implemented, and included a Benefit
Cost and Economic Analysis (2006); and
WHEREAS, Minnesota Department of Transportation (MnDOT), with assistance of a federal grant, initiated a
Tier 1 Environmental Impact Statement document for new passenger rail service on the Milwaukee-Twin Cities
corridor; and
WHEREAS, beginning in late 2009, the Alternatives Analysis portion of the Tier 1 EIS (Alternatives Analysis
Milwaukee-Twin Cities High-Speed Rail Corridor Program)
was begun, for the purpose of selecting a preferred routing alternative for further study; and
WHEREAS, 25 initial routes were screened down to 14 alternatives, then down to 4 alternatives and finally
down to one; and
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File #: RES 12-67, Version: 1
WHEREAS, the 4 semi-final alternatives included #1 - Existing Amtrak route, #4 - Existing Amtrak route via
Madison, #10 - Existing Amtrak route to Tomah, then via Eau Claire, and #11 - Existing Amtrak route via
Madison to Tomah, then via Eau Claire; and
WHEREAS, Alternative #1 was selected because it has a.) fewer significant grades; b.) fastest travel times; c.)
lowest capital costs; d.) second lowest track maintenance costs; and e.) serves more population in Minnesota;
and
WHEREAS, the City (via City staff and Council Member Stark) has participated in the Upper Midwest High
Speed Rail Commission and the Governor's forum on passenger rail, both of which has found favorable the
existing Amtrak routing alternative (#1) as the highest priority inter-state passenger rail route.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul City Council support the selection of Alternative 1
of the Alternatives Analysis Milwaukee-Twin Cities High-Speed Rail Corridor Program; and
BE IT FURTHER RESOLVED, that this endorsement of Alternative 1 be conveyed to MnDOT as part of the
official public hearing record.
City of Saint Paul Printed on 1/10/2012Page 2 of 2
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city of saint paul
planning commission resolution
file number ______________11-101___________
date _______________December 16, 2011___________
Minnesota High Speed Rail Study Preferred Alternative
WHEREAS, the State of Minnesota, in conjunction with the states of Illinois and
Wisconsin, has been studying “High Speed Rail” between Chicago and the Union Depot;
and
WHEREAS, such High Speed Rail will provide reliable and competitive passenger rail
service by decreasing travel times, increasing frequency of service, providing
accessibility to major population centers, improving freight rail mobility and minimizing
environmental impacts; and
WHEREAS, in 1996, nine Midwest states, including Wisconsin and Minnesota, and
Amtrak formed the Midwest Regional Rail Initiative (MWRRI); and
WHEREAS, The work of the Initiative (MWRRI) has resulted in a well coordinated and
integrated 110-mph rail Business Plan that defines the way in which the rail system
should be implemented, and included a Benefit Cost and Economic Analysis (2006); and
WHEREAS, Minnesota Department of Transportation (MnDOT), with assistance of a
federal grant, initiated a Tier 1 Environmental Impact Statement document for new
passenger rail service on the Milwaukee-Twin Cities corridor; and
WHEREAS, beginning in late 2009, the Alternatives Analysis portion of the Tier 1 EIS
(Alternatives Analysis Milwaukee-Twin Cities High-Speed Rail Corridor Program)
was begun, for the purpose of selecting a preferred routing alternative for further study;
and
WHEREAS, 25 initial routes were screened down to 14 alternatives, then down to 4
alternatives and finally down to one; and
WHEREAS, the 4 semi-final alternatives included #1 – Existing Amtrak route, #4 –
Existing Amtrak route via Madison, #10 – Existing Amtrak route to Tomah, then via Eau
Claire, and #11 – Existing Amtrak route via Madison to Tomah, then via Eau Claire; and
moved by _________________Spaulding____________
seconded by _________________________________
in favor __________________Unanimous____________
against ________________________________________
High Speed Rail Preferred Alternative
Planning Commission Resolution
Page Two
WHEREAS, Alternative #1 was selected because it has a.) fewer significant grades; b.)
fastest travel times; c.) lowest capital costs; d.) second lowest track maintenance costs;
and e.) serves more population in Minnesota; and
WHEREAS, the City (via City staff and Council Member Stark) has participated in the
Upper Midwest High Speed Rail Commission and the Governor’s forum on passenger
rail, both of which has found favorable the existing Amtrak routing alternative (#1) as the
highest priority inter-state passenger rail route.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission
support the selection of Alternative 1 of the Alternatives Analysis Milwaukee-Twin Cities
High-Speed Rail Corridor Program; and
BE IT FURTHER RESOLVED, that this endorsement of Alternative 1 be conveyed to
MnDOT as part of the official public hearing record.
City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1RES 12-64 Name:State Joint Powers Agreement Bomb Disposal
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Authorization for the Police Department to enter into a Joint Powers Agreement with the State of
Minnesota for bomb disposal services.
Sponsors:Kathy Lantry
Indexes:
Code sections:
Attachments:State Joint Powers Agreement Bomb Disposal Service
Action ByDate Action ResultVer.
Title
Authorization for the Police Department to enter into a Joint Powers Agreement with the State of Minnesota for
bomb disposal services.
Body
RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached Joint
Powers Agreement with the State of Minnesota, acting through its Commissioner of Public Safety, Division of
Homeland Security and Emergency Management. This agreement will allow for the reimbursement of
expenses incurred by the department's bomb disposal unit for assistance provided as requested by the State.
The term of the agreement is from July 1, 2011 through June 30, 2013. A copy of the said agreement is to be
kept on file and on record in the Office of Financial Services.
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City of Saint Paul
Legislation Details (With Text)
File #: Version:1RES 12-63 Name:Citizen Academy specifically focused toward the
Somali and East African Community
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Authorizating the Police Department to remit an amount not to exceed $1,000 to cover expenses
incurred from Citizen Academy specifically focused toward the Somali and East African Community.
Sponsors:Kathy Lantry
Indexes:
Code sections:
Attachments:Somali and East African Community.pdf
Action ByDate Action ResultVer.
Title
Authorizating the Police Department to remit an amount not to exceed $1,000 to cover expenses incurred from
Citizen Academy specifically focused toward the Somali and East African Community.
Body
WHEREAS, the Saint Paul Police Department has scheduled community outreach events to take place
November 2011 thru December 2011 at the following facilities: The Saint Paul Police Department, 367 Grove
Street, Saint Paul, Minnesota 55101, The Saint Paul Police Western District, 98 North Hamline Avenue, Saint
Paul, Minnesota 55104, and other locations of additional Saint Paul Police Department sponsored events; and
WHEREAS, the Saint Paul Police Department will provide a continental breakfast, beverage, snacks, and
lunches purchased from a variety of vendors; and
WHEREAS, the public purpose of this outreach program is to further an already in-place federal grant
awarded to the Saint Paul Police Department to expand community policing and increase public safety in the
Saint Paul neighborhoods with high concentrations of immigrant East African families; and increased
homeland security as the trust relationship grows with as the community works with law enforcement to
prevent radicalization of youth, gang involvement, and violent crime; now, therefore, be it
RESOLVED, that pursuant to the 2011 city budget, the proper city officials are hereby authorized to remit an
amount not to exceed $1,000.00 to the listed assorted vendors to cover expenses for food and beverage for
the above mentioned Saint Paul Police Department Somali and East African community outreach programs
and events.
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City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:2RES 12-20 Name:Jonah Ogiamien ALJ Memorialization Resolution
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Memorializing City Council action taken on December 21, 2011 sustaining adverse licensing action
against all licenses held by Jonah Ogiamien d/b/a Jonah Ogiamien located at 508 Snelling Avenue
North.
Sponsors:Russ Stark
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Title
Memorializing City Council action taken on December 21, 2011 sustaining adverse licensing action against all
licenses held by Jonah Ogiamien d/b/a Jonah Ogiamien located at 508 Snelling Avenue North.
Body
WHEREAS, Jonah Ogiamien d/b/a Jonah Ogiamien (License ID # 19990005112) (hereinafter "licensee")
located at 508 Snelling Avenue North in Saint Paul received a Notice of Violation dated September 2, 2011;
and
WHEREAS, the Notice alleged that on July 2, 2011 the licensee allowed someone under the age of
eighteen (18) to be present without permission or presence of a parent or guardian, in violation of Saint Paul
Legislative Code § 405.04(b) and allowed intoxicating liquor to be sold at his establishment in violation of Saint
Paul Legislative Codes §§ 405.04(c) and 409.01(a); and
WHEREAS, licensee denied all the allegations and requested a hearing before an Administrative Law
Judge; and
WHEREAS, licensee subsequently received a second Notice of Violation dated September 13, 2011; and
WHEREAS, the second Notice alleged that on August 19, 2011 the licensee allowed intoxicating liquor to
be sold at his establishment in violation of Saint Paul Legislative Codes §§ 405.04(c) and 409.01(a); and
WHEREAS, licensee denied all the allegations and requested a hearing before an Administrative Law
Judge; and
WHEREAS, the two separate allegations each constitute separate appearances before the Council but
have been consolidated for purposes of convenience; and
WHEREAS, a combined hearing addressing all of the above-referenced allegations was held before an
Administrative Law Judge on November 2, 2011, at which each party presented testimony; and
WHEREAS, the Administrative Law Judge issued a Report on December 1, 2011, in which the
Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a
Memorandum; and
WHEREAS, the Administrative Law Judge found that there was sufficient proof that licensee had
committed the violations in the September 2, 2011 Notice of Violation; and
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File #: RES 12-20, Version: 2
WHEREAS, the Administrative Law Judge also found that there was sufficient proof that licensee had
committed the violations in the September 13, 2011 Notice of Violation; and
WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on
December 21, 2011 at which time licensee would have an opportunity to present oral or written argument to
the Council; and
WHEREAS, licensee did not file any exceptions to the report of the Administrative Law Judge; and
WHEREAS, at a public hearing on December 21, 2011, Council File # PH 11-34, the Council of the City of
Saint Paul considered all the evidence contained in the record, the arguments of licensee at the public
hearing, the Administrative Law Judge's Findings of Fact, Conclusions of Law, and Recommendations; now,
therefore, be it
RESOLVED, that the Council of the City of Saint Paul issues this decision based upon consideration of
the record of the entire proceedings herein, including the hearing before the Administrative Law Judge, all the
documents and exhibits introduced therein, the Findings of Fact, Conclusions of Law and Recommendation as
referenced above, and the deliberations of the council in open session of that hearing; and be it
FURTHER RESOLVED, that deviation from the penalty matrix in Saint Paul Legislative Code § 310.05(m)
is appropriate in the July 2, 2011 violation due to the presence of substantial and compelling reasons, the first
being that a seventeen-year-old was allowed to enter licensee's hall and was provided alcohol which led to her
extreme inebriation, and the second being the licensee's attempts to conceal evidence of the sale of
intoxicating liquor from police; and
FURTHER RESOLVED, that a fine of $1,000.00 is imposed against all licenses held by Jonah Ogiamien
d/b/a Jonah Ogiamien for the July 2, 2011 violation; and be it
FURTHER RESOLVED, that an additional fine of $1,000 is imposed against all licenses held by Jonah
Ogiamien d/b/a Jonah Ogiamien for the August 19, 2011 violation; and be it
FURTHER RESOLVED, that the two fines be paid within 30 days of the passage and approval of this
resolution; and be it
FURTHER RESOLVED, that in addition to any already existing license conditions, the following three
license conditions are hereby placed on all licenses effective upon passage and approval of this resolution:
1. Licensee shall close by 12 midnight every night.
2. Alcohol will not be sold at the establishment.
3. Rental shall be for private parties only. Public dances are not permitted at this location;
and
FURTHER RESOLVED, that the current license condition which allows licensee to close at 2:00 a.m.
on Friday and Saturday is rescinded effective upon passage and approval of this resolution; and
FINALLY RESOLVED, that the Findings of Fact, Conclusions of Law, and Recommendation of the
Administrative Law Judge in this matter are hereby adopted as amended as the Findings and Conclusions of
the City Council in this matter.
A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to
the license holder.
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City Hall and Court House
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Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1RES 12-41 Name:Nicole Wittig--Geske appointment
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Approving the appointment of Nicole Wittig-Geske as Legislative Aide in Ward 3.
Sponsors:Chris Tolbert
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Title
Approving the appointment of Nicole Wittig-Geske as Legislative Aide in Ward 3.
Body
BE IT RESOLVED, that the Saint Paul City Council does hereby approve the appointment of Nicole Wittig-
Geske as Legislative Aide to Ward 3 Councilmember Chris Tolbert.
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City of Saint Paul
Legislation Details (With Text)
File #: Version:1RES 12-42 Name:Kim O'Brien appointment
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Approving the appointment of Kim O'Brien as Legislative Aide in Ward 5.
Sponsors:Amy Brendmoen
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Title
Approving the appointment of Kim O'Brien as Legislative Aide in Ward 5.
Body
BE IT RESOLVED, that the Saint Paul City Council does hereby approve the appointment of Kim O'Brien as
Legislative Aide to Ward 5 Councilmember Amy Brendmoen.
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City Hall and Court House
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Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1RES 12-51 Name:
Status:Type:Resolution Agenda Ready
In control:City Council
Final action:
Title:Granting preliminary approval to the issuance of certain general obligation and revenue bonds as
approved in the 2012 city budget and authorizing city finance staff and advisors to take certain actions
with respect to the sale of such bonds. ( 2012 spring bond sale)
Sponsors:Kathy Lantry
Indexes:
Code sections:
Attachments:Exhibit A Ptrelim Resolution 2012 Bond sale summary 1.4.12.pdf
Action ByDate Action ResultVer.
Title
Granting preliminary approval to the issuance of certain general obligation and revenue bonds as approved in
the 2012 city budget and authorizing city finance staff and advisors to take certain actions with respect to the
sale of such bonds. ( 2012 spring bond sale)
Body
WHEREAS,on December 14,2011 the City Council (the "Council")of the City of Saint Paul,Minnesota (the
"City")approved the 2012 City Budget including the issuance of multiple series of general obligation and
revenue bonds (collectively,the "Bonds")in the Spring of 2012 as described on Exhibit A attached hereto and
made a part hereof; and
WHEREAS,the capital improvement bonds identified on Exhibit A attached hereto fund various capital
improvement projects identified in the City's approved Capital Improvement Budget for the years 2012 through
2016; and
WHEREAS,the sewer revenue bonds identified on Exhibit A attached hereto will be special,limited
obligations of the City payable solely from the City's sewer enterprise fund and the sewer bonds will fund
certain sewer improvement and rehabilitation projects as set forth in the 2012 City Budget; and
WHEREAS,the RSVP street improvement bonds identified on Exhibit A attached hereto fund certain street
improvement and rehabilitation projects for 2012 as set forth in the 2012 City Budget; and
WHEREAS,the library bonds identified on Exhibit A will be issued by the Saint Paul Public Library Agency and
the full,faith and credit and general obligation of the City will be pledged to the payment of such Bonds and
such bonds will fund improvements to the Highland Library and the Sunray Library; and
WHEREAS, City finance staff currently anticipates selling the Bonds at competitive sale in March 2012.
BE IT RESOLVED by the Council of the City of Saint Paul, Minnesota, as follows:
1)The Director,Office of Financial Services,City Treasurer,City Debt Manager and other
appropriate City officials and staff are hereby authorized and directed to proceed with preliminary
actions for the issuance and sale of the Bonds identified on Exhibit A attached hereto and made a part
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File #: RES 12-51, Version: 1
actions for the issuance and sale of the Bonds identified on Exhibit A attached hereto and made a part
hereof,in the approximate principal amounts set forth therein.Each series of the Bonds shall be
issued and sold in conformance with the provisions of the City Charter and Minnesota law.
2)Springsted Incorporated is hereby named financial advisor to the City with respect to the
issuance and sale of the Bonds.
3)Kennedy &Graven,Chartered is hereby named as bond counsel for the City with respect to the
Bonds.
4)Springsted Incorporated and Kennedy &Graven,Chartered are hereby authorized to work with
City staff to prepare the City's Official Statements or other offering documents and materials for the
issuance and sale of the Bonds and such other documents,instruments and certificates as may be
necessary for further approval of this City Council for the completion of the sale of the Bonds.
5)The City intends to make expenditures for the capital projects financed by the Bonds and
reimburse such expenditures from the proceeds of the Bonds.This resolution is intended to constitute
a declaration of the City's official intent,for purposes of Section 1.150-2 of the Treasury Regulations,
with respect to certain original expenditures made from any sources other than the proceeds of the
Bonds, in conjunction with the capital projects financed thereby.
6) The 2012 RSVP projects which are bid and awarded through City Contract Services before the Spring
Bond Sale will use C12-9T212-xxxx.
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City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1CO 12-1 Name:APWA accreditation
Status:Type:Communications &
Receive/File
Agenda Ready
In control:City Council
Final action:
Title:Presentation by the American Public Works Association (APWA), awarding the Department of Public
Works the APWA accreditation status.
Sponsors:Kathy Lantry
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Title
Presentation by the American Public Works Association (APWA), awarding the Department of Public Works
the APWA accreditation status.
Summary
The City of Saint Paul Department of Public Works has successfully completed the Management Practices
Self Assessment Program developed and sponsored by the American Public Works Association. The self
assessment program involved an intensive review of all the Department's policies, practices, procedures and
operations in order to bring them into full compliance with nationally recognized Public Works standards. After
3 1/2 years of working on this effort, the Department of Public Works requested a site visit by representatives
of the APWA on October 16 through Oct 18, 2011. After three days of reviewing the practices, operations
and facilities of St. Paul Public Works, the APWA representatives concluded that St. Paul Public Works had
indeed met all of the requirements to be considered for APWA accreditation status. At a meeting of the APWA
and their Council on November 5, 2011, St. Paul Public Works was voted and approved to become the 75th
agency nationally to achieve accreditation status. In addition, St. Paul Public Works is the first agency in the
State of Minnesota to be awarded accreditation. The President Elect of the American Public Works
Association, Elizabeth Treadway, is here today to present the Public Works Department with an award
recognizing their accomplishment.
City of Saint Paul Printed on 1/10/2012Page 1 of 1
powered by Legistar™
City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:2RLH FCO
11-496
Name:730 COMO AVENUE
Status:Type:Resolution LH Fire C of O For Discussion
In control:City Council
Final action:
Title:Appeal of Juley Viger to a Fire Certificate of Occupancy Correction Notice at 730 COMO AVENUE.
(Public hearing held December 7)
Sponsors:Amy Brendmoen
Indexes:Fire C of O Letter, Ward - 5
Code sections:
Attachments:730 Como.appeal.10-31-11.pdf
730 Como Ave.Photos.11-15-11.pdf
730 Como Ave.CC Presentation by Viger.12-7-11.pdf
730 Como Viger email 1-4-12.pdf
730 Como Ave.Viger Ltr 11-16-11.pdf
730 Como Ave.Emails btwn Viger and Vang.pdf
730 Como.Partial BZA Ap provided at LH.1-3-12.pdf
Action ByDate Action ResultVer.
City Council1/4/2012 2
ReferredLegislative Hearings1/3/2012 2
City Council12/7/2011 2
ReferredLegislative Hearings11/15/2011 1
Title
Appeal of Juley Viger to a Fire Certificate of Occupancy Correction Notice at 730 COMO AVENUE. (Public
hearing held December 7)
Purpose of Appeal
#3,6,7,8,9,14,15,16,17,20,2,10,11,12,21
Permits must be obtained and some items cannot be completed in cold weather.
Date of Order(s)
September 30, 2011
Inspector/Key Staff
Michael Urmann
Variance Recommendation
Yes, for Unit 2 - 5 inches in egress opening height
Body
WHEREAS, in the matter of the Appeal of Juley Viger to a Fire Certificate of Occupancy Correction Notice at
730 COMO AVENUE, the Legislative Hearing Officer has reviewed the appeal and considered the testimony
of City staff and the appellant; and
City of Saint Paul Printed on 1/10/2012Page 1 of 2
powered by Legistar™
File #: RLH FCO 11-496, Version: 2
WHEREAS, the Legislative Hearing Officer recommends that the City Council:
Item 19 - grant a 5-inch variance on the openable height of the egress bedroom window in Unit 2;
Deny the appeal and immediately bring into compliance:
Item 9 (parking spaces) - may not use for parking;
Item 21 (heating facility test)
Deny the appeal and grant to January 1, 2012 for compliance:
§Item 2 (basement dryer exhaust duct)
§Item 3 (repair and maintain ceiling)
§Item 7 (roof, soffit and fascia)
§*Item 8 - need to submit a structural engineer report
§Item 10 (guardrail)
§Item 11 (handrail)
§Item 12 (stair tread stringers and supports)
§Item 14 (window sash)
§Item 15 (window frame)
§Item 17 (front exterior stairways, porch, decks or railings)
§Item 20 (illegal basement unit 1)
Deny the appeal and grant to July 1, 2012 for compliance:
§Item 6 (exterior painting)
§*Item 8 (repair/repaint garage, replace retaining wall) - deny the appeal and grant an extension to July
1, 2012 provided that a structural engineer report is submitted indicating that the stability of the wall is
fine until repair or replace;
§Item 16 (sidewalk)
Now, Therefore, Be It
RESOLVED, that the Saint Paul City Council hereby accepts and adopts the Legislative Hearing Officer's
recommendation in this matter.
City of Saint Paul Printed on 1/10/2012Page 2 of 2
powered by Legistar™
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: November 15, 2011
File #: 07 - 035505
Folder Name: 730 COMO AVE
PIN: 262923140122
Date: «Indate»
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PIN: «PIN»
Dear Council President Lantry, Councilmember Brendmoen and other members of the
Council,
I attended a legislative hearing with Ms. Marcia Moermond yesterday regarding my
property at 730 Como Ave in St. Paul--it didn’t go as I had hoped.
My first appeal hearing to Ms. Moermond, the Legislative Hearing Officer, pertaining to
the Fire Certificate of Occupancy inspection was Tuesday, November 15th. During the
meeting, I was promised a written summary of the recommendations by Thursday,
November 17th, or two days later. Due to the Thanksgiving holiday I allowed additional
time, however, when I had not received any communication 13 days later, I called the
office on Monday, November 28th to inquire. The Legislative Hearing Coordinator, Ms.
Mai Vang, stated a letter had not been sent because it was pending approval by Ms.
Moermond. I received a summary email the following Wednesday, November 30th, over
two weeks past the specified date.
Upon receipt of the recommendation email, I chose to appeal certain items to the City
Council and did so at the December 7th, 2011 public hearing. At the public hearing the
council denoted the lack of sufficient information to make a decision and all items on my
appeal were stayed until January 2012. Specifically regarding the recommendation of Ms.
Moermond to evict residents from an unapproved unit by January 1st, 2012, the council
expressed concern for the residents being evicted during cold winter months and in
considering the absence of safety concerns, granted me the opportunity to seek formal
approval from the Board of Zoning and Appeals. I left the council meeting clear that I
was to pursue BZA approval and was told by Ms. Moermond that her office would
contact me regarding another legislative hearing for January 3rd, 2012. If there was
intention to provide me with meeting minutes or further clarification from the Office of
the City Council, it was not fulfilled. Three weeks later, on December 28th, having no
word from the City Council’s office regarding my next hearing, I emailed the Legislative
Hearing Coordinator to confirm my place on the agenda for the January 3rd legislative
hearing. Ms. Vang’s response indicated she did not have any knowledge I was to attend
that hearing and stated she would add me to the agenda. When I arrived at the hearing on
January 3rd, having not heard my name during roll call, I was informed I was not on the
agenda but would be added. Ms. Vang retrieved my file from the office and when my
turn came to sit before the hearing officer both Ms. Moermond and the fire inspector
stated they weren’t prepared for me.
These facts are pertinent because communication is key. Jim Sinegal, the founder and
former CEO of Costco, said, “Good leaders make the determination how to run the
[organization] and then communicate to everyone in the [organization] so that they all
understand it.” Since receiving notification from the City of St. Paul informing me of a
fire inspection, I have been uninformed, misinformed, and mistreated by nearly every city
employee I’ve been in contact with (my exception lies with the building permit
department and building inspector). The vague words and phrasing in my Fire Inspection
Correction Notice, the lack of guidance on the appeal process, the delayed
communication from the Legislative Hearing Officer and Coordinator regarding BOTH
legislative hearings, the absence of communication regarding expectations resulting from
the City Council public hearing and vague and incorrect information received from the
Zoning Department have intensified the considerable challenge I’m already facing to
bring this property into compliance.
This is not a problem property. This is not an unsafe place to live. I’m not a landlord with
multiple properties attempting to skirt the system or take advantage of anyone. I’m
simply a person who owns a house that isn’t worth what I paid for it, so rather than
foreclose, I maintain it to the best of my knowledge and ability. In my ignorance of these
matters I believed since my property is zoned for a three unit building that I was lawful in
using it as such. I was fully unaware a variance for lot square footage was required. Now
we are here and I’m wondering, “Is it wrong to expect the City of St. Paul work with me
in my effort to provide a safe, desirable, and legal place to live?”
Ms. Moermond’s recommendation at the January 3rd legislative hearing was for the
tenants of the third unit to vacate by February 1st, 2012. Her recommendation was based
solely on the fact that my BZA application has not been filed yet. Ms. Moermond’s
recommendation is based on a condition to an arrangement that was never imparted to
me. I’ve extended her office the courtesy of follow-up and clarification by initiating
contact during this process and have not received the same. There is no consideration of
holiday season scheduling challenges, my completion of other items from the correction
list, or my sworn commitment to pursuing the BZA appeal made evident by my efforts to
file only to be turned away and told my application was insufficient. No account for my
clean personal reputation, my moral attempts to avoid foreclosure, a property clear of any
disturbances to the community or the wonderful people who will not have a place to live
on February 1st, the first day of the coldest month of the year. I hope to invoke a sense of
reason and compassion among someone who is willing to communicate clearly and
candidly with me about the expectations I need to meet and why I need to do so.
I ask that you allow me to file my BZA appeal by the January 16th, 2012 deadline for the
February 6th, 2012 hearing. I also ask that you take the opportunity to educate yourself
regarding not only the other matters of this property under appeal but also the entire
inspections process for the City of St. Paul.
Respectfully,
Juley Viger Speed
--
Regards,
Juley Viger Speed
JuleyViger@gmail.com
612-986-3478
310 CITY HALL
15 WEST KELLOGG BOULEVARD
SAINT PAUL, MN 55102-1615
EMAIL: legislativehearings@ci.stpaul.mn.us
PHONE: (651) 266-8560 FAX: (651) 266-8574
November 30, 2011
Juley Viger
2837 – 30th Ave S
Minneapolis, MN 55406
VIA EMAIL: juleyviger@gmail.com
RE: Appeal for property at 730 Como Avenue
Dear Ms. Viger:
This is to confirm that on November 15, 2011 at the Property Code Hearing, Marcia
Moermond, Legislative Hearing Officer recommended the following:
Item 19- grant a 5-inch variance on the openable height of the egress bedroom window
in Unit 2;
Deny the appeal and immediately bring into compliance:
Item 9 (parking spaces) – may not use for parking;
Item 21 (heating facility test)
Deny the appeal and grant to January 1, 2012 for compliance:
Item 2 (basement dryer exhaust duct)
Item 3 (repair and maintain ceiling)
Item 7 (roof, soffit and fascia)
*Item 8 - need to submit a structural engineer report
Item 10 (guardrail)
Item 11 (handrail)
Item 12 (stair tread stringers and supports)
Item 14 (window sash)
Item 15 (window frame)
Item 17 (front exterior stairways, porch, decks or railings)
Item 20 (illegal basement unit 1)
Deny the appeal and grant to July 1, 2012 for compliance:
Item 6 (exterior painting)
*Item 8 (repair/repaint garage, replace retaining wall) – deny the appeal and
grant an extension to July 1, 2012 provided that a structural engineer report is
submitted indicating that the stability of the wall is fine until repair or replace;
Item 16 (sidewalk)
Page 2 of 2
Viger Letter
The City Council Public Hearing is scheduled for Wednesday, December 7, 2011 at 5:30
p.m. in Room 300 Council Chambers.
Sincerely,
/s/
Mai Vang
Legislative Hearing Coordinator
c: Fire Supervisors (email)
Pat Fish (email)
Mai Vang - Re: 730 Como Ave.Viger Ltr MM EDIT 11-16-11.doc
That's what Ms. Mormons said at the council meeting. Perhaps we should check?
Regards,
Juley Speed
612-986-3478
Sent from my iPhone
On Dec 28, 2011, at 8:04 PM, "Mai Vang" <Mai.Vang@ci.stpaul.mn.us> wrote:
Juley,
Thanks for emailing me. I was not aware that this is on for January 3. I have added onto
the Agenda. It starts at 1:30 p.m.
Mai Vang
City Council Offices
Direct: 651-266-8563
Office: 651-266-8560
mai.vang@ci.stpaul.mn.us
>>> Juley Viger <juleyviger@gmail.com> 12/28/2011 6:00 PM >>>
Mai,
Am I on the schedule to see Ms. Moermand again on January 3rd? What time is that
hearing? Thanks.
Regards,
Juley Speed
On Wed, Nov 30, 2011 at 11:46 AM, Mai Vang <Mai.Vang@ci.stpaul.mn.us> wrote:
Hello Ms. Viger,
Attached please find a letter in the above matter.
Mai Vang
City Council Offices
Direct: 651-266-8563
Office: 651-266-8560
mai.vang@ci.stpaul.mn.us
From: Juley Speed <juleyviger@gmail.com>
To: Mai Vang <mai.vang@ci.stpaul.mn.us>
Date: 12/28/2011 9:01 PM
Subject: Re: 730 Como Ave.Viger Ltr MM EDIT 11-16-11.doc
Page 1 of 1
1/4/2012file://C:\Documents and Settings\vangmai\Local Settings\Temp\XPgrpwise\4EFB83C5mail...
City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1Ord 11-105 Name:Human Rights Ordinance
Status:Type:Ordinance Final Adoption
In control:City Council
Final action:
Title:Amending Chapter 183 of the City of Saint Paul Legislative Code pertaining to human rights.
Sponsors:Melvin Carter III
Indexes:
Code sections:
Attachments:Ord 11-105 Financial Impact Statement.pdf
Action ByDate Action ResultVer.
City Council1/4/2012 1
City Council12/28/2011 1
City Council12/21/2011 1
Title
Amending Chapter 183 of the City of Saint Paul Legislative Code pertaining to human rights.
Body
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That chapter 183 of Saint Paul Legislative Code is hereby amended as follows:
Section 183.02 - Definitions.
For the purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them in
this section:
(1) Age. Prohibitions of discriminatory practices with regard to age shall be limited to persons who
have passed the age of majority, which is eighteen (18).
(2) Aggrieved Person. Any person who claims to have been injured or continues to be injured by a
discriminatory practice. In the case of Real Property, an aggrieved person can also be someone who
"will be injured" by a discriminatory housing practice.
(3) Charge of Discrimination. Initial document filed by the complainant or the Director alleging a prima
facie case of discrimination.
(4) Complaint of Discrimination. Document issued by the Director to initiate a civil enforcement
hearing after a cause determination has been made on a charge of discrimination.
(5) To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to
occupy premises not owned by the occupant.
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(6 2) Closed case file means a file containing human rights investigative data in which an order or other
decision resolving the alleged or suspected discrimination has been made or issued by the director, a
panel of three (3) commissioners, or a court, and the time for any reconsideration of or appeal from the
order or decision has expired.
(7 3) Confidential, private, and public data on individuals and protected nonpublic data not on
individuals, and any other terms concerning the availability of civil rights investigative data have the
meanings provided them by Minnesota Statutes, Section 13.02 of the Minnesota Government Data
Practices Act.
(8 4) Disability means any condition or characteristic that renders a person a disabled person. A
disabled person is any person who:
(a) Has a physical, sensory, or mental impairment which materially limits one (1) or more of such
person's major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
(9 5) Discriminate or discrimination includes all unequal treatment of any person by reason of race,
creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age,
disability, marital status or status with regard to public assistance. For purposes of discrimination based
on sex, it includes sexual harassment.
(106) Education includes all educational services and all other services offered by educational
institutions, whether organized for profit or otherwise, which are open to or solicit the patronage of the
general public.
(117) Elderly person means a person who is at least fifty-five (55) years of age.
(128) Employee includes every person who works for wages, salary, or commissions or any
combination thereof, and in context the term also includes those who are seeking or applying for
employment.
(139) Employer includes all persons, firms, or corporations, wherever situated, who employ one (1) or
more employees within the city, or who solicit individuals within the city to apply for employment within
the city or elsewhere; the term includes the city itself, the board of education, and all other political
subdivisions, public corporations, and governmental units conducting any activity within the city. An
employer includes a person, firm or corporation which hires temporary employees through an
employment service.
(1410) Employment agency includes all persons, firms, or corporations, including government agencies
and charitable institutions, who with or without compensation undertake to refer persons to potential
employment.
(1511) Familial status means the condition of one (1) or more minors being domiciled with their parent
or parents or legal guardian or the designee of the parent or parents or guardian. The protection
afforded against discrimination on the basis of familial status applies to any person who is pregnant or is
in the process of securing legal custody of an individual who has not attained the age of majority.
(1612) Human rights investigative data means tape recordings or written documents issued or gathered
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by the department for the purpose of investigating and litigating alleged or suspected discrimination.
(1713) Labor union includes any formal or informal organization which includes among its purposes the
representation of one (1) or more employees of an employer or employers with respect to wages, hours,
working conditions or grievances.
(1814) Marital status means whether a person is single, married, remarried, divorced, separated or a
surviving spouse and, in employment cases, including protection against discrimination on the basis of
the identity, situation, actions or beliefs of a spouse or former spouse.
(1915) Open case file means a file containing human rights investigative data in which no order or other
decision resolving the alleged or suspected discrimination has been issued by the director, a panel of
three (3) commissioners, or a court, or a file in which an order or other decision has been issued but the
time for any reconsideration or appeal of the order or decision has either not yet expired or the
reconsideration or appeal is then pending.
(2016) Person includes one or more individuals, partnerships, associations, organizations, corporations,
legal representatives, trustees, receivers, political subdivisions, boards, commissions, and their officers
and agents. For Real Property cases, a person is defined as stated by the Fair Housing Act.
(2117) Physical access means the absence of physical obstacles that limit a disabled person's
opportunity for full and equal use of or benefit from goods, services and privileges; or, when necessary
the use of methods to overcome the discriminatory effect of physical obstacles. The methods may
include redesign of equipment, assignment of aides or use of alternate accessible locations.
(2218) Program access means:
(a) The use of auxiliary aids or services to ensure full and equal use of or benefit from goods,
services and privileges; and
(b) The absence of criteria or methods of administration that directly, indirectly or through
contractual or other arrangements have the effect of subjecting qualified disabled persons to
discrimination on the basis of disability, or have the effect of defeating or impairing the
accomplishment of the objectives of the program.
(2319) Public accommodations include every business accommodation, refreshment, entertainment,
recreation, or transportation facility, whether licensed or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold or otherwise made available to the public.
By way of example, but not of limitation, "public accommodation" includes facilities of the following
types:
(a) A facility providing service relating to travel or transportation;
(b) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing salon, or other
establishment conducted to serve the health, appearance or physical condition of the individual;
(c) A comfort station, dispensary, clinic, hospital, convalescent or nursing home or other
institution for the ill or infirm, or a mortuary;
(d) A hotel, motel, resort, restaurant or RV park trailer park.
However, nothing in this chapter shall prohibit discrimination on the basis of sex in such facilities as rest
rooms, locker rooms and other similar places.
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(2420) Public services include any public facility, department, agency, board or commission operated
or managed by or on behalf of the City of Saint Paul, and any public facility, department, agency, board
or commission operated by any other unit of government which does business in or provides public
services in the City of Saint Paul or to the residents of the City of Saint Paul.
(2521) Qualified disabled person means:
(a) With respect to employment, a disabled person who, with or without reasonable
accommodation, can perform the essential functions required of all applicants for the job in
question; and
(b) With respect to services and programs, a disabled person who, with physical and program
access, meets the essential eligibility criteria required of all applicants for the program or service in
question.
For purposes of this definition, disability excludes any condition resulting from alcohol or drug abuse which
prevents a person from performing the essential functions of the job in question or constitutes a direct threat to
the health or safety of others or would result in substantial physical damage to or unlawful conversion of the
property of others.
If a respondent contends that the person is not a qualified disabled person, the burden is on the respondent to
prove that it was reasonable to conclude the disabled person, with reasonable accommodation, could not have
met the requirements of the job or that the selected person was demonstrably better able to perform the job.
(2622) Real estate broker or salesperson means, respectively, a real estate broker as defined by
Minnesota Statutes, Section Chapter 82 .17, subdivision 4 and a real estate salesperson as defined by
Minnesota Statutes, Section Chapter 82.17, subdivision 5.
(2723) Real property includes real estate, tenements and hereditaments, corporeal and incorporeal.
(2824) Sex means being identified as having or being perceived as having male or female
characteristics and encompasses, but is not limited to, pregnancy, childbirth, disabilities related to
pregnancy or childbirth, and sexual harassment.
(2925) Sexual harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other verbal or physical contact or other verbal or physical
conduct or communication of a sexual nature when:
(a) Submission to that conduct or communication is made a term or condition, either explicitly or
implicitly, of obtaining employment, public accommodations or public services, education, or
housing;
(b) Submission to or rejection of that conduct or communication by an individual is used as a
factor in decisions affecting that individual's employment, public accommodations or public
services, education, or housing; or
(c) That conduct or communication has the purpose or effect of substantially interfering with an
individual's employment, public accommodations or public services, education, or housing, or
creating an intimidating, hostile, or offensive employment, public accommodations, public services,
educational, or housing environment; and in the case of employment, the employer knows or
should know of the existence of the harassment and fails to take timely and appropriate action.
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When employment opportunities or benefits are granted because of an individual's submission to the
employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex
discrimination against other persons who were qualified for but denied that employment opportunity or benefit.
(3026) Sexual or affectional orientation means having or being perceived as having an emotional or
physical attachment to another consenting adult person or persons, or having or being perceived as
having an orientation for such attachment, or having or being perceived as having a self-image or
identity not traditionally associated with one's biological maleness or one's biological femaleness.
(3127) Status with regard to public assistance means the condition of being a recipient of federal,
state or local assistance, including medical assistance, or of being a tenant receiving federal, state or
local subsidies including rental assistance or rent supplements.
...
Sec. 183.04. - Affirmative action requirements in employment.
All city contracts shall include the following provisions, which may be incorporated by reference to this section:
(1) The contractor will not discriminate against any employee or applicant for employment. The contractor
will take affirmative action to ensure that applicants are employed and that employees are treated during
employment without discrimination. Such action will include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rate of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places available to employees and applicants for employment
notices to be provided by the dDepartment of hHuman rRights and Equal Economic Opportunity setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or in behalf of the
contractor, state that all qualified applicants will receive consideration for employment without
discrimination.
(3) The contractor will send to each labor union or representative of workers with which the contractor has
a collective bargaining agreement, other contract or understanding a notice to be provided by the dDirector
of hHuman rRights and Equal Economic Opportunity advising the labor union and the worker's
representative of the contractor's commitment under this ordinance and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of this chapter of the Saint Paul Legislative Code, and of
the rules, regulations and relevant orders of the hHuman rRights and Equal Economic Opportunity cC
ommission issued pursuant thereto.
(5) The contractor will furnish all information and reports required by this chapter, and by the rules,
regulations and orders of the hHuman rRights and Equal Economic Opportunity cCommission issued
pursuant thereto, and will permit access to the contractor's books, records and accounts by the dD
epartment of hHuman rRights and Equal Economic Opportunity for the purpose of investigations to
ascertain compliance with such rules, regulations and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be terminated or suspended in whole or in
part, and the contractor may be declared ineligible for further city contracts, and such other sanctions may
be imposed and remedies invoked as provided by this chapter of the Saint Paul Legislative Code, or by
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rule, regulation or order of the hHuman rRights and Equal Economic Opportunity cCommission, or as
otherwise provided by law.
(7) The contractor will include the provisions of this chapter in every subcontract so that such provisions
will be binding upon each subcontractor.
(8) Each contractor having a contract with the city shall file and shall cause each of the contractor's
subcontractors to file compliance reports with the dDepartment of hHuman rRights and Equal Economic
Opportunity as may be required by the director. Compliance reports shall be filed within such time and
shall contain such information as to the practice, policies, programs and employment policies and
employment statistics of the contractor and each subcontractor and shall be in such form as the dDirector
of hHuman rRights and Equal Economic Opportunity may prescribe with the approval of the hHuman rR
ights and Equal Economic Opportunity cCommission.
(9) In any contract with the city subject also to the requirements of Executive Order 11246 for the filing of
"compliance reports" or such other information and reports as may be required by the government of the
United States in providing for equal opportunity in federal employment, proof of satisfaction of such federal
requirements shall be deemed and considered as full compliance with the requirements of subsections (1),
(2), (3), (8) and (9) of this section.
(10) The dDirector of the dDepartment of hHuman rRights and Equal Economic Opportunity shall be
responsible for the administration and enforcement of this section pursuant to such rules, regulations and
orders as the hHuman rRights and Equal Economic Opportunity cCommission may deem necessary and
appropriate to achieve the purpose of this section. Failure to comply with such rules, regulations and
orders shall be subject to the civil and criminal enforcement provisions of this ordinance.
...
Sec. 183.051. - Education exemptions.
...
(c) The dDepartment of hHuman rRights and Equal Economic Opportunity shall investigate all charges
alleging sex discrimination in athletic programs in educational institutions and public services pursuant to
the standards and requirements of Minnesota Statutes, Chapter 121A.04 Section 126.21 and the
procedures enumerated in this chapter.
(d) Nothing in this chapter restricts or limits the rights, procedures and remedies available under
Section 504 of the Rehabilitation Act of 1973, United States Code, Title 29, Section 794, or the
Individuals with Disabilities Education Act Education of the Handicapped Act, United States Code, Title
20, Sections 1400 et seq., 1401 and following.
...
Sec. 183.06. - Prohibited acts in real property.
It shall be unlawful to discriminate against any person based on the protected classes identified in Section
183.01 of either the buyer or renter, a person residing in or intending to reside in that dwelling after it is sold,
rented, or made available; or any person associated with the buyer or renter regarding the following is an
unfair discriminatory practice:
(1) For an owner, lessee, sublessee, assignee, or managing agent of or other person having the right
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to sell, rent or lease any real property, or any agent of any of these anyone:
a. To discriminate by refusing to: sell, rent, lease; or to offer for sale, rental, or lease; or to negotiate
for the sale, rental, or lease; otherwise deny to or withhold from any person or group of persons any
real property, or by representing that real property is not available for inspection, sale, rental, or
lease when in fact it is so available; or otherwise make unavailable to deny or withhold any person
any property or any facilities of real property to or from any person or group of persons; or
b. To discriminate against any person or group of persons in the terms, conditions, or privileges of
the sale, rental or lease of any real property or in the full and equal enjoyment of services, facilities,
privileges and accommodations or in the furnishing of facilities or services in connection therewith;
except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules
intended to protect the safety of minors in their use of the real property or any facilities or services
furnished in connection therewith; or
c. In any transaction involving real property, tTo make statements, print, circulate, publish, or post,
or cause to be printed, circulated, published, or posted, any advertisement, notice,or sign, or
statement, or use any form of application for the purchase, rental or lease of any real property, or
make any record or inquiry in connection with the prospective purchase, rental or lease of any real
property which indicates any preference, limitation, or discrimination or an intention to make any
such preference, limitation, or discrimination; except that nothing in this clause shall be construed to
prohibit the advertisement of a dwelling unit as available to elderly persons only if the dwelling meets
the federal requirements of exempt housing for the elderly.; or
d. For a person to coerce, intimidate, threaten, or interfere with a person in the exercise or
enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person
having aided or encouraged a third person in the exercise or enjoyment of, any right granted or
protected by this subdivision.
(2) For a developer, real estate broker, real estate salesperson, appraiser, or other person having the right
to sell, rent or lease property, or employee or agent thereof:
a. To discriminate by refusing to sell, rent or lease, or to offer for sale, rental or lease, any real property to
any person or group of persons or to negotiate for the sale, rental or lease of any real property to any person
or group of persons; or to discriminate by representing that real property is not available for inspection, sale,
rental or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of
real property to or from any person or group of persons;
b. To discriminate against any person in the terms, conditions or privileges of the sale, rental or lease of
real property or in the furnishing of facilities or services in connection therewith; or
c. To make statements, print, circulate or post, or cause to be printed, circulated or posted, any
advertisement or sign, or use any form of application for the purchase, rental or lease of any real property, or
make any record or inquiry in connection with the prospective purchase, rental or lease of any real property
which indicates any preference, limitation or discrimination except that nothing in this clause shall be
construed to prohibit the advertisement of a dwelling unit as available to elderly persons only if the dwelling
meets the federal requirements of exempt housing for the elderly.
(2 3) For a person, bank, banking organization, mortgage company, insurance company or other
financial institution or lender to dissuade a person from making an application or to whom an application
is requested or made for financial assistance or a loan secured by residential real estate for the
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purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or
any agent or employee thereof:
a. To discriminate against any person or group of persons in the granting, withholding, extending,
modifying or renewing, or in the rates, terms, conditions or privileges of the financial assistance or in
the extension of services in connection therewith;
b. To use any form of application for the financial assistance or make any record or inquiry in
connection with the applications for the financial assistance which discriminates or expresses any
intent to discriminateion; or
c. To discriminate against any person or group of persons who desires to purchase, lease, acquire,
construct, rehabilitate, repair or maintain real property in a specific urban or rural area, or any part
thereof, solely because of the social, economic or environmental conditions of the area in the
granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or
privileges of the financial assistance, or in the extension of services in connection therewith.
(3 4) For any developer, real estate broker, real estate salesperson, appraiser, or other person having
the right to sell, rent or lease real property, or employee or agent thereof for the purpose of inducing a
real property transaction from which the person, the person's firm or any of its members may benefit
financially, to represent that a change has occurred or will or may occur in the composition with respect
to race, creed, religion, color, national origin, ancestry, familial status, sex, sexual or affectional
orientation, marital status, status with regard to public assistance or disability of the owners or
occupants in the block, neighborhood or area in which the real property is located, or to represent,
directly or indirectly, that this change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including, but not limited to, the lowering of
property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or
other public facilities.
(4 5) For a multiple listing service, real estate brokers' organization or facility related the business of
selling or renting dwellings to discriminate against a person in the terms or conditions of access,
membership or partnership.
Prohibited actions under this section include, but are not limited to:
a. Setting different fees for access to or membership in a multiple listing service;
b. Denying or limiting benefits accruing to members in a real estate brokers' organization;
c. Imposing different standards or criteria for membership in a real estate sales or rental
organization; or
d. Establishing geographic boundaries, office locations or residence requirements for access to or
membership or participation in any multiple listing service, real estate brokers' organization or facility
relating to the business of selling or renting dwellings.
(5 6) For a person to deny a totally or partially blind, physically handicapped or deaf person with a
service dog full and equal access to real property provided for in this section. The person may not be
required to pay extra compensation for the service dog but is liable for damage done to the premises by
the service dog.
(6 7) For a person to coerce, intimidate, threaten or interfere with a person in the exercise or enjoyment
of, or on account of having exercised, or enjoyed, or on account of that person having aided or
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encouraged a third person in the exercise or enjoyment of, any right granted or protected by this section.
(7 8) For an owner or managing agent of any rental property, condominium or townhouse complex,
condominium association, real estate developer, architect, or any other housing provider anyone:
a. To refuse to permit, at the expense of the disabled person, reasonable modifications of existing
premises occupied or to be occupied by the disabled person if modifications are necessary to afford
the disabled person full enjoyment of the premises; an owner may, where it is reasonable to do so,
condition permission for a modification on the renter agreeing to restore the interior of the premises
to the condition that existed before the modification, excluding reasonable wear and tear;
b. To refuse to make reasonable accommodations in rules, policies, practices or services, when
accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a
dwelling; or in connection with the design and construction of covered multifamily dwellings for first
occupancy after March 13, 1991, to fail to design and construct those dwellings in a manner that:
1. The public use and common use portions are readily accessible to and usable by a
disabled person;
2. All the doors designed to allow passage into and within all premises are sufficiently wide
to allow passage by disabled persons in wheelchairs; and
3. All premises contain the following features of adaptive design: at least one (1) building
entrance on an accessible route into and through the dwelling; light switches, electrical outlets,
thermostats and other environmental controls in accessible locations; reinforcements in
bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms so
that an individual in a wheelchair can maneuver about the space.
c. A determination by the City of Saint Paul that a dwelling conforms to 183.06(7)(b) subparagraphs
1 through 3 above shall not affect enforcement activities or be conclusive in enforcement
proceedings under this section.
(8 9) As used in this subdivision, the term "covered multifamily dwelling" means:
a. A building consisting of four (4) or more units if the building has one (1) or more elevators; and
b. Ground floor units in other buildings consisting of four (4) or more units.
(910) This subdivision does not invalidate or limit any law of the state or political subdivision of the
state, or other jurisdiction in which this subdivision applies, in a manner that affords disabled persons
greater access than is required by this subdivision.
(1011) This subdivision does not require that a dwelling be made available to an individual whose
tenancy would constitute a direct threat to the health and safety of other individuals or whose tenancy
would result in substantial physical damage to the property of others.
(1112) Notwithstanding the provisions of any law, ordinance or home rule charter to the contrary, no
person shall be deemed to have committed an unfair discriminatory practice based upon age if the
unfair discriminatory practice alleged is attempted or accomplished for the purpose of obtaining or
maintaining one (1) of the exemptions provided for a dwelling unit provided for in section 183.061.
Sec. 183.061. - Real property exemptions.
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(a) The provisions of section 183.06 (other than 183.06(1)(c)) prohibiting discrimination because of
familial status shall not be construed to defeat the applicability of any local or state restrictions regarding
the maximum number of occupants permitted to occupy a dwelling unit, if the occupancy restrictions are
reasonably consistent with the Federal Fair Housing Act, and shall not apply to:
(1) Any owner-occupied building containing four (4) or fewer dwelling units; or rooms or units in
dwellings containing living quarters occupied or intended to be occupied by no more than four (4)
families living independently of each other, if the owner actually maintains and occupies one (1) of
such living quarters as his/her residence; or
(1 2) Housing for elderly persons. "Housing for elderly persons" means housing:
a. Provided under any state or federal program that the director Secretary of Housing and
Urban Development determines is specifically designed and operated to assist elderly persons,
as defined in the state or federal program;
b. Is intended for, and solely occupied by, persons sixty-two (62) years of age or older; or
c. Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age
or older per unit; provided, that:
1. There are significant facilities and services specifically designed to meet the physical
and social needs of older persons, or if the provision of the facilities and services is not
practicable, that the housing is necessary to provide important housing opportunities for
older persons;
2. At least eighty (80) percent of the units are occupied by at least one (1) person fifty-
five (55) years of age or older per unit; and
3. There is publication of, and adherence to, policies and procedures that demonstrate
an intent of the owner or manager to provide housing for persons fifty-five (55) years of
age or older. Housing does not fail to meet the requirements for elderly persons if all new
residents as of September 13, 1988, meet the age requirements of clause (a)(2)a. and b.
In addition, housing does not fail to meet the requirements by reason of unoccupied units if
unoccupied units are reserved for occupancy by persons who meet the age requirements
of clause (a)(2)a. or b.
d. To qualify for this exemption for housing for persons 55 years of age and older, the
housing facility or community must comply with rules issued by the Secretary of Housing and
Urban Development for verification of occupancy as provided under 24 C.F.R. part 100, subpart
E.
(b) The provisions of section 183.06 (other than 183.06(1)(c)) of this Legislative Code shall not apply
to:
(1) Rooms in a community residential facility as defined in section 65.153 60.203 of the
Legislative Code; or group foster home as defined in section 65.151 60.206; freestanding foster
care home as defined in section 65.152 60.412(8); shelter for battered person as defined in
sections 65.158 60.219 and 60.412(13); or transitional housing facility as defined in section 65.159
60.220 of the Legislative Code if the treatment is based on sex in a housing facility with shared
bedrooms or bathrooms for the purpose of protecting personal privacy and/or safety in a housing
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facility with shared bedrooms or bathrooms; or
(2) The rental of rooms or units in dwellings containing living quarters occupied or intended to be
occupied by no more than four (4) families living independently of each other if the owner actually
maintains and occupies one (1) of such living quarters as his/her residence. This chapter shall not
be construed to relieve any person or persons of any obligations generally imposed on all persons
regardless of any disability in written lease, rental agreement or contract of purchase or sale, or to
forbid distinctions based on the inability to fulfill the terms and conditions, including financial
obligations of the lease, agreement or contract.
...
Sec. 183.11. - Credit discrimination.
It is an unfair discriminatory practice:
(1) To discriminate in the extension of personal or commercial credit to a person, or in the
requirements for obtaining credit; except it is not discriminatory to base a decision upon status with
regard to public assistance; or
...
Sec. 183.121. - Disparate impact cases.
If the complaining party has met its burden of showing that an employment practice is responsible for a
statistically significant adverse impact on a particular class of persons, an employer must justify that practice
by demonstrating that the practice is manifestly related to the job or significantly furthers an important
business purpose. Upon establishment of this justification, the charging party may prevail upon demonstration
of the existence of a comparably effective practice that the court finds would cause a significantly lesser
adverse impact on the identified protected class. This burden shifting also applies to a complaint alleging
disparate impact discrimination in the area of real property.
...
Sec. 183.15. - Plan to reduce or eliminate imbalance.
It is not a violation of this chapter for any person subject thereto to carry out a plan place to reduce or
eliminate imbalance with respect to race, color, sex, sexual or affectional orientation, creed, religion, national
origin, ancestry, age or disability, even though such plan may mean selectivity with respect to employment,
housing, or education, provided such plan is filed with the department and is not disapproved by the director or
commission on grounds it is not a bona fide plan to reduce imbalance. All persons executing such approved
plans shall at the request of the director provide relevant information concerning their execution.
Sec. 183.16. - Violation; penalty.
Violation of any provision of Sections 183.03 through 183.12 hereof is a misdemeanor, and every
person who knowingly participates in any prohibited act, or intentionally fails to comply with regulations issued
by the hHuman rRights and Equal Economic Opportunity cCommission pursuant to any section of this chapter,
whether as an officer, agent, manager, employee, or otherwise, is liable as a principal, and it shall be no
defense that the person charged was acting in accordance with the instructions of that person's employer.
Sec. 183.17. - Statute of limitations.
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No action may be brought for civil enforcement or criminal prosecution unless the a charge of alleged
discriminatory practice was filed with the Saint Paul Department of Human Rights and Equal Economic
Opportunity Department within one year from the occurrence of the practice date on which the alleged
discriminatory practice occurred or terminated.
Sec. 183.170. - Filing option.
A person has the option of filing a charge with either the Saint Paul Department of Human Rights and
Equal Economic Opportunity or the Minnesota Department of Human Rights. The exercise of such choice in
filing a charge with one agency shall preclude the option of filing the same charge with the other agency.
...
Sec. 183.18. - Department of hHuman rRights and eEqual eEconomic oOpportunity - Duties.
The dDirector of the dDepartment of hHuman rRights and eEqual eEconomic oOpportunity shall have
general supervision over all programs of the city with respect to human and civil rights, subject to policies
established by the mayor, and shall, without limitations by their enumeration, have the following specific
powers and duties:
...
(4) To receive complaints of violations of the provisions of this chapter; investigate charges alleging
unfair discriminatory practices as defined by this chapter, and make the appropriate determination of
cause.determine whether or not probable cause exists for a hearing.
(5) As part of any investigation referenced in subdivision four (4) the dDirector, or his or her designee,
shall have the power to subpoena witnesses, administer oaths, take testimony, and require the
production for examination of any books or papers or documents relative to any matter under
investigation or in question (including writings, personnel records, drawings, graphs, charts,
photographs, tape, CD, or DVD recordings, phonograph records and other materials from which
information can be obtained). Disobedience of any subpoena issued under this subdivision shall be
punishable pursuant to the procedures set forth in section 183.21.
(6) The Director shall, to the extent feasible, engage in attempts to resolve each charge of
discrimination through a pre-determination settlement agreement, from the time it is filed to when a
determination on the charge has been made.To enter into predetermination settlement agreements with
the affected parties.
(7) To enter into conciliation agreements with the affected parties following a after a finding cause
determination in favor of the complainant.that reasonable grounds exist to believe a violation has
occurred.
(8) A pre-determination settlement agreement and a conciliation agreement shall be an agreement
between the complainant, respondent, and the Director. Each agreement may be made public, unless
the complainant and respondent otherwise agree and the Director determines that disclosure is not
required in order to further the purposes of this Chapter in educating the public. Nothing said or done in
the course of a pre-determination settlement agreement or conciliation agreement may be made public
or used as evidence in a subsequent proceeding without the written consent of the persons concerned.
(9 8) To commence enforcement action as provided under section 183.24 where the dDirector finds
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that reasonable grounds exist to believe a violation has occurred or is about to occur.
(109) To investigate all city contracts let directly by the city or entered into under its auspices.
(1110) To supervise the affairs of the department and to appoint such other employees and agents
as are necessary to carry out the duties of the department.
(1211) To adopt rules and regulations to effectuate the policy set forth in section 183.01 .
(1312) To provide suitable staff and secretarial assistance to the commission created hereunder.
(1413) The dDirector shall prepare annually and submit a report to the mayor and council of the
activities of the department and its staff with a statistical summary of all complaints charges received,
listing the disposition of each, all speaking engagements and other educational activities of the
commission and its staff, the number of commission meetings held, together with the names of those
commissioners and staff in attendance, and such other information as the dDirector shall deem
appropriate. The report shall be submitted to the mayor no later than July 1 of each year. In conjunction
with the human resources director's annual reporting, the human resources director shall also report
information about the city's internal workforce efforts and goals to the hHuman rRights and eEqual eE
conomic oOpportunity cCommission.
Sec. 183.19. - hHuman rRights and eEqual eEconomic oOpportunity cCommission.
There is established within the dDepartment of hHuman rRights and eEqual eEconomic oOpportunity a h
Human rRights and eEqual eEconomic oOpportunity cCommission:
...
(8) In conjunction with the dDirector's three year term, hHuman rRights and eEqual eEconomic oO
pportunity cCommission shall conduct an extensive assessment of the department's and director's
performance. Prior to 120 days from the expiration of the dDirector's term, the commission shall also be
required to recommend to the mMayor whether the dDirector should be re-appointed.
...
Sec. 183.20. - Enforcement procedures and requirements.
(a) Any person aggrieved by a violation of this chapter may file a verified charge with the director
stating the name and address of the person alleged to have committed an unfair discriminatory practice,
setting out the details of the practice complained of and, if applicable, providing witnesses, documents
and any other information required by the director. The director shall advise the complainant of his/her
rights and obligations under the ordinance. The director may dismiss a charge when the complainant
fails to provide required information, fails to cooperate with the investigation, or cannot be located by the
director. The director shall serve upon the respondent by mail a copy of the charge and a request for a
response to the allegations within twenty (20) days of receipt of the charge and advise the respondent of
his/her rights and obligations under the ordinance. If the respondent fails to cooperate and respond with
a written summary of the details of the respondent's position within thirty (30) days after service of the
charge, the director may, on behalf of the complaining party, bring an action for default and initiate civil
enforcement before the hHuman rRights and Equal Economic Opportunity cCommission. A charge of
discrimination may be amended as necessary and conform to the above requirements. A person who is
not named as a respondent in the charge of discrimination but who is identified as a respondent in the
course of investigation, may be joined as an additional or substitute respondent upon written notice to
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the parties. Such notice, in addition to meeting the other requirements of this subsection, shall explain
the basis for the belief that the person to whom the notice is addressed is properly joined as a
respondent.
(b) Whenever the dDirector has reason to believe that a person is engaging in an unfair
discriminatory practice, the dDirector may issue a charge stating an alleged violation of a particular
section of Chapter 183.
(c) No action may be brought for civil enforcement or criminal prosecution unless a complaint charge
of an alleged discriminatory practice has been filed with the City of Saint Paul Department of Human
Rights and Equal Economic Opportunity Department within one year after the occurrence of the practice
from the date the alleged discriminatory practice occurred or terminated. The running of the one-year
limitation period is suspended during the time a potential charging party and respondent are voluntarily
engaged in a dispute resolution process involving a claim of unlawful discrimination under this chapter,
including arbitration, conciliation, mediation or grievance procedures pursuant to a collective bargaining
agreement or statutory, charter, ordinance provisions for a civil service or other employment system or a
school board sexual harassment or sexual violence policy. A potential respondent who participates in
such a process with a potential charging party before a charge is filed or a civil action is brought shall
notify the department and the charging party in writing of the participation in the process and the date
the process commenced and shall also notify the department and the charging party of the ending date
of the process. A respondent who fails to provide this notification is barred from raising the defense that
the statute of limitations has run unless one year plus a period of time equal to suspension period has
passed.
(d) The dDirector shall promptly investigate, upon complaint commence an investigation within 30
days upon receipt of the charge or upon the director's own motion promptly investigate any violations of
this chapter. The Director shall promptly close a case after coming to a determination of cause or no
cause on a charge of discrimination. The Director shall serve the complainant and the respondent with a
notice of the final determination.
If, after an investigation concludes that a violation has occurred or is about to occur, the dDirector shall
have reason to believe a violation has occurred, the director may refer the matter to the city attorney for
criminal prosecution, initiate civil enforcement procedures as herein provided, or enter into a settlement
conciliation agreement.
No information or evidence obtained through a civil enforcement procedure after a formal complaint has been
filed by the director shall be used or introduced in any criminal proceeding arising out of the same violation.
(e) The dDirector shall make final administrative disposition with a final investigative report of a
charge complaint within one year of the receipt of the charge complaint, unless it is impracticable to do
so. If the dDirector is unable to do so, he/she shall notify, in writing, both the complainant and
respondent of the reasons for not doing so. The final investigative report shall consist of: 1) a summary
of the complainant's allegations, the respondent's response to the charge, and the complainant's
showing of pretext; 2) factual findings; 3) an analysis of the factual findings; and 4) the department's
determination on each allegation of discrimination.
(1) For real property cases involving an alleged violation of 183.06 the investigation shall be
completed within 100 days of receipt of the charge. If the Director is unable to do so, he/she shall
notify, in writing, both the complainant and respondent of the reasons for not doing so.
(f) In cases involving an alleged violation of 183.06, if cause exists to believe that a violation has
occurred or is about to occur, then the Director shall bring the charge as a complaint of discrimination
before the commission in a civil enforcement hearing. Either the complainant, respondent and/or
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aggrieved person may elect to pursue the matter in district court instead.
Sec. 183.201. - Administrative appeal of a no probable cause determination.
(a) Within ten (10) days after receipt of notice of a no probable cause determination, the complainant
may request in writing that the dDirector reconsider the decision. The complainant shall at the same
time deliver or mail to the respondent a copy of the request for reconsideration. A request for
reconsideration shall contain or identify and describe the relevance of one or more of the following:
(1) Evidence that was not available during the investigation;
(2) Evidence that was available during the investigation, but was not properly weighed in reaching
the determination; or
(3) Statutory or case law indicating that the determination is erroneous.
(b) Within twenty (20) days after receipt of the request for reconsideration, the dDirector shall:
(1) Affirm the determination of no probable cause;
(2) Reverse the determination of no probable cause; or
(3) Vacate the determination of no probable cause and remand the case for further investigation
and issue a new determination.
The dDirector shall, within ten (10) days of the review, notify in writing both the complainant and respondent of
the decision to affirm, reverse or vacate the determination.
Sec. 183.202. - Suits by private parties.
(1) Time frame for action. A person may bring a civil action seeking redress for an unfair
discriminatory practice directly to the district court wherein the unlawful discriminatory practice is alleged
to have been committed or where the respondent resides or has a principal place of business. In
addition, a person may bring civil action:
(a) Within forty-five (45) days after receipt of notice that the dDirector has dismissed a charge
because it is frivolous or without merit, because:
1. The complainant has failed to provide required information;
2. The dDirector has determined that further use of department resources is not warranted;
or
3. The director has determined that there is no probable cause to credit the allegations
contained in a charge filed with the director.The investigation of the charge has concluded in a
no cause determination.
(b) Within forty-five (45) days after receipt of notice that the dDirector has reaffirmed a
determination of no probable cause if the complainant requested a reconsideration of the no
probable cause determination or has decided not to reopen a dismissed case that the complainant
has asked to be reopened; or
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For the purposes of subsections183.202(1)(a) and (b) above, receipt of notice is presumed to be
five (5) days from the date of service by mail of the written notice.
(c) After forty-five (45) days from the filing of a charge pursuant to Section 183.20 (2), if the dD
irector has not entered into a predetermination settlement agreement to which the complainant is a
party. The complainant shall notify the dDirector of an intention to bring a civil action, which shall be
commenced within ninety (90) days of giving the notice. This forty-five (45) day period shall not
apply to real property cases.
For the purposes of clauses (1) and (2), receipt of notice is presumed to be five (5) days from
the date of service by mail of the written notice.
(d) For cases involving an alleged violation of 183.06, the aggrieved person may file in court up to
two years after the occurrence or termination of an alleged discriminatory housing practice or the
breach of a conciliation agreement, whichever occurs later. The statute of limitations in these
qualifying cases is tolled during the investigation.
(2) Mixed findings. If the dDirector has issued both a probable cause and a no probable cause
determinations on separate issues in the same charge, the complainant may, if a hearing is held, require
that all matters be heard at the hearing or may bring a civil action for the no probable cause charge(s) at
the same time as the probable cause charge(s) under the rules and time frames that govern the
probable cause charges.
(3) Proper notice by complainant. A complainant bringing a civil action shall mail by registered or
certified mail a copy of the summons and complaint, by registered or certified mail, to the dDirector, and
upon their receipt the dDirector shall terminate all proceedings in the dDepartment relating to the charge
upon commencement of the civil action. No charge shall be filed or reinstituted with the dDirector after a
civil action relating to the same unfair discriminatory practice has been dismissed without prejudice.
(4) Intervention in Civil Actions. In cases alleging a violation of 183.06, the following rights of
intervention are available:
(a) any aggrieved person has the opportunity to intervene as of right when one of the parties in
an administrative proceeding elects to resolve the matter via a civil action;
(b) the Director may intervene in a private civil action after certifying the case is of general public
importance; and
(c) an aggrieved person or a party to a conciliation agreement may intervene in a civil action
commenced by the Director.
5. Relief which may be granted.
(a) In actions brought pursuant to Section 183.202, if the court finds that a violation has occurred
or is about to occur, the court may award to the plaintiff actual and punitive damages and, subject
to subsection 183.202(5)(b), may grant as relief, as the court deems appropriate, any permanent or
temporary injunction, temporary restraining order, or other order (including an order enjoining the
defendant from engaging in such practice or ordering such affirmative action as may be
appropriate).
(b) Relief granted under this Section shall not affect any contract, sale, encumbrance, or lease
consummated before the granting of such relief and involving a bona fide purchaser,
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encumbrancer, or tenant, without actual notice of the filing of a verified charge or civil action under
this Ordinance.
...
Sec. 183.24. - Civil enforcement hearing procedure.
Except as otherwise provided for violation of Section 183.04, civil enforcement procedures shall be prosecuted
by the dDirector before the commission in the following manner:
(1) The dDirector shall serve upon the complainant and respondent by certified mail a complaint,
signed by the dDirector, which shall set forth a clear and concise statement of the facts constituting the
violation, set a time and place for hearing, and advise the respondent of the right to file an answer, to
appear in person or by an attorney, and to examine and cross-examine witnesses.
(a) For cases involving an alleged violation of 183.06, the complaint shall be based on the final
investigative report and need not be limited to the facts or grounds alleged in the charge of
discrimination.
(2) The hearing shall not be less than twenty (20) days after service of the complaint. At any time
prior to the hearing, the respondent may file an answer. Facts not denied by answer shall be deemed
admitted. If the answer sets out new matter, it shall be deemed denied by the dDirector. The
respondent's failure to file an answer shall be deemed to constitute an admission of the allegations
contained in the complaint. Testimony may be heard on behalf of the complainant following a
respondent's failure to file an answer.
(3) The complaint or answer may be amended at any time prior to the hearing with notification to the
consent of the opposing party and granting the opposing party a reasonable opportunity to respond.
(4) Hearings shall be before a panel of three (3) commissioners, designated by the chair, presided
over by an attorney who is not a member of the commission as chair and law officer. All members of a
panel shall be paid ten dollars ($10.00) per hour spent in performance of their duties; provided,
however, that the payments hereunder shall not exceed for any person one thousand five hundred
dollars ($1,500.00) per year. The law officer shall rule on all legal questions presented but shall not
participate in the panel's deliberations. The parties shall not be bound by the Minnesota Rules of
Evidence and the law officer may admit evidence which possesses probative value commonly accepted
by reasonable prudent persons in the conduct of their affairs. In cases involving an alleged violation of
183.06, the Minnesota Rules of Evidence shall apply. The law officer shall give effect to the rules of
privilege recognized by law and may exclude incompetent, irrelevant, immaterial and repetitive
evidence.
(5) The dDirector may obtain subpoenas from the district court to compel the attendance of
witnesses and the production of documents at any hearing. Any party to an administrative hearing can
request subpoenas from the other parties.
...
(8) The Commission's panel shall make its findings of fact and conclusions of law within 60 days of
the hearing. If the commission is unable to make its findings of fact and conclusions of law within 60
days, it shall notify the City of Saint Paul, respondent, complainant, and/or aggrieved party in writing of
the reasons for not doing so. The panel's findings of fact and order decision shall be served on the
complainant and respondent and each member of the commission by mail and shall become the
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findings and order of the commission and the department unless within thirty (30) days after mailing of
the findings and order, the commission shall revoke or amend the order and/or findings. Whether or not
the commission revokes or amends the findings and order of the panel;, the complainant,and
respondent, and/or aggrieved party shall be served by mail with the final order of the commission after
the expiration of the thirty (30) days from the service of the panel's findings and order decision.
...
(12) For cases involving an alleged violation of 183.06, any aggrieved person may intervene in the
administrative proceeding as a matter of right.
Sec. 183.25. - Judicial enforcement and review.
The dDirector may obtain judicial review and enforcement of predetermination settlement agreements
and conciliation agreements to which the dDirector is a party and commission orders. Any party aggrieved
may obtain judicial review in the manner provided by the Laws of Minnesota for 1965, Chapter 866. Any
petition for judicial review must be scheduled for a hearing before the district court in special term no later than
sixty (60) days after the filing of such petition.
Sec. 183.26. - Construction.
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes
thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of the civil rights law
or of any other law of this city relating to discrimination because of race, creed, religion, color, sex, sexual or
affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with
regard to public assistance.
Sec. 183.27. - Legal counsel for dDepartment and cCommission.
(1) The city attorney shall provide legal counsel for the dDepartment and the cCommission.
(2) The city attorney shall provide legal counsel to the dDepartment, at no cost to the complainant, in
a case in which the dDirector has reason to believe that injunctive relief is appropriate or has found
probable cause that a violation of Chapter 183 has occurred where a charge of discrimination has
concluded in a cause determination and a civil enforcement proceeding before the Commission or
district court is initiated.
(3) At the time the dDirector initiated civil enforcement procedures in a case involving a violation of
Section 183.06, and where such case has been dually filed with the Department of Housing and Urban
Development as a violation of Title VIII of the Fair Housing Act prohibiting discrimination in housing
pursuant to the contractual agreement between the dDirector and the Department of Housing and Urban
Development, the dDirector shall notify the complainant, respondent, and/or aggrieved person of the
procedures and of the complainant's option to proceed with the charge before the Saint Paul Human
Rights and Equal Economic Opportunity Commission or the Minnesota District Court. In a case
involving an alleged violation of 183.06, the city attorney shall bring a cause case before the commission
panel or district court, if efforts to engage in a conciliation agreement are unsuccessful.
Section 2.
The other sections of Chapter 183 shall remain unchanged.
Section 3.
This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.
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City of Saint Paul Financial Analysis
1 File ID Number:Ord 11-105
2
3 Budget Affected:Operating Budget HREEO Special Fund
4
5 Total Amount of Transaction:20,432
6
7 Funding Source:Currently Budgeted Appropriation
New work-share
agreement
8
9 Appropriation already included in budget?Yes
10
11 Charter Citation:10.07.01
12
13
14 Fiscal Analysis
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29 Detail Accounting Codes:
30
31 Accounting Activity/Project 2012 PROPOSED AMENDED
32 Company Unit Account (if applicable) Description BUDGET CHANGES BUDGET
33
34 Financing Changes
35 Recognize revenue previously budgeted for 2012
36 2100 1038500 42220-0 N/A HUD MN Housing Finance Agency 20,432 0 20,432
37
38 TOTAL:20,432 - 20,432
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40
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46
Amendments will align the Human Rights Ordinance to closely mirror the protections afforded by the Fair Housing Act, 42 U.S.C. §3601, et seq.,
making Saint Paul the second city in the State to be substantially equivalent to the Act. The amended ordinance will enhance the availability of services
to residents of Saint Paul. A work share agreement with HUD will generate revenue for investigating housing discrimination charges transferred from
and cross-filed with HUD. The projected revenue would be approximately $20,432 a year. This amount is included in the Mayor's 2012 proposed
budget for this department.
City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1Ord 11-120 Name:Ord 11-120
Status:Type:Ordinance Final Adoption
In control:City Council
Final action:
Title:Amending Chapter 185 of the Legislative Code to move debarment determinations from the City
Council to the Department of Human Rights and Equal Employment Opportunity.
Sponsors:Kathy Lantry
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/4/2012 1
City Council12/28/2011 1
City Council12/21/2011 1
Title
Amending Chapter 185 of the Legislative Code to move debarment determinations from the City Council to the
Department of Human Rights and Equal Employment Opportunity.
Body
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Chapter 185 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 185.01. - Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this
section, except where the context clearly indicates that a different meaning is intended:
Affiliate: Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to
control the other, or a third person controls or has the power to control both. Evidence of control includes, but
is not limited to, interlocking management or ownership; identity of interests among family members; shared
facilities and equipment; common use of employees; or a business entity organized following the suspension
or debarment of a person which has the same or similar management, ownership or principal employees as
the suspended or debarred person.
City means the City of Saint Paul and the housing and redevelopment authority of the City of Saint Paul,
Minnesota.
Covered transactions shall mean and include any contract under city procurement programs to which the
city is a party for the performance of construction, repair or the furnishing of goods and shall further include
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those contracts for professional services and labor. "Covered transactions" include contracts between a
contractor and a subcontractor even if the subcontractor has no formal agreement with the city. "Covered
transactions" shall also include those transactions specifically designated by the U.S. Department of Housing
and Urban Development in such agency's regulation governing debarment and suspension and other
construction projects not handled through a city procurement program but which are financed or economically
supported in whole or in part by city funds or property.
Debarment shall mean an action taken by the council city in accordance with this chapter to exclude a
person from participating in covered transactions. A person so excluded is "debarred."
Debarment proceeding shall mean an action taken that could lead to debarment, whether or not
debarment is the sanction imposed by the council city.
Department shall mean the department of human rights and equal economic opportunity.
Hearing examiner shall mean an individual or panel appointed by the Director to preside as a neutral
factfinder at hearings requested by a participant to challenge proposed debarments.
Notice shall mean a written communication served in person or sent by first-class mail to the last-known
address of party, its identified counsel, its agent for service of process, or any partner, officer, director, owner
or joint venturer of the party. Notice, if undeliverable, shall be considered to have been received by the
addressee five (5) days after being properly sent to the last address known by the city.
Participant: Any person who submits a proposal for, enters into, or reasonably may be expected to enter
into a covered transaction. This term also includes any person who acts on behalf of or is authorized to
commit a participant in a covered transaction as an agent or representative of another participant. This term
includes a subcontractor who is not a party to the original contract but is hired as part of a covered transaction.
Person: Any individual, corporation, partnership, association, unit of government or legal entity, however
organized, except foreign governments or foreign governmental entities, public international organizations,
foreign government-owned or controlled entities, and entities consisting wholly or partially of foreign
governments or foreign government entities.
Preponderance of evidence: Proof by information or testimony that, compared with that opposing it, leads
to the conclusion that the fact at issue is more probably true than not.
Principal: Officer, director, owner, partner, key employee or other person within a participant with primary
management or supervisory responsibilities, or a person who has a critical influence on or substantive control
over a covered transaction, regardless of whether or not employed the principal is employed by the participant.
Proposal: A solicited or unsolicited bid, application, request, invitation to consider or similar communication
by or on behalf of a person seeking to participate or to receive a benefit directly or indirectly, in or under a
covered transaction.
Respondent: A person against whom a debarment or suspension action has been initiated.
Suspension: An action taken in accordance with these regulations that immediately excludes a person
from participating in covered transactions for a temporary period, pending completion of an investigation and
such legal or debarment proceedings as may ensue. A person so excluded is "suspended."
Sec. 185.02. - Applicability.
This chapter applies to all persons who have participated, are currently participating or may reasonably be
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expected to participate in "covered transactions."
Sec. 185.03. - Effect of action.
(a) Except to the extent prohibited by law, persons who are debarred or suspended shall be excluded
from covered transactions as either participants or principals throughout the operations of the city for the
period of their debarment or suspension. Accordingly, no employee or agent of the city shall enter into covered
transactions with such debarred or suspended person during such period, except as permitted pursuant to
section 185.03(b).
(b) Notwithstanding the debarment or suspension of any person, city and participants may continue
covered transactions in existence at the time the person was debarred or suspended. A decision as to the type
of termination action, if any, to be taken of an existing covered transaction should be made only after thorough
review to ensure the propriety of the proposed action.
(c) The city shall not enter into, renew or extend covered transactions with any person or affiliate who is
debarred or suspended. Extensions shall include change orders to contracts already in effect unless specific
written authorization for the change order has been granted by the council.
(d) No affiliate, participant, person, principal or Respondent who has been debarred or suspended in
accordance with this chapter may receive the benefits from any contract where the city is a funding source for
the contract through an intermediary so long as the period of debarment or suspension is in effect. The
department shall cause language to be inserted in the bids or contract forms to reflect this provision.
(e) No affiliate, participant, person, principal or Respondent shall be awarded any contract if, after being
debarred or suspended and within six (6) months thereafter, it reconstitutes itself in such a way as to avoid the
effect of debarment or suspension. Such a determination will be made by the department applying the
standards set forth concerning evidence of control as set forth in the definition of affiliate.
Sec. 185.04. - Causes for debarment.
(a) Debarment or suspension may be imposed upon any person or participant in accordance with the
provisions of this chapter for the actions or inaction of the person or participant or for the actions or inaction of
a subcontractor in connection with a covered transaction. Debarment or suspension may also be imposed
upon a subcontractor regardless of whether they are in a direct contractual relationship with the city.
Debarment or suspension may be imposed for:
(1) Conviction of or civil judgment for: the commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public or private agreement or
transaction; violation of federal or state antitrust statutes, including those proscribing price fixing
between competitors, allocation of customers between competitors, and bid rigging;
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, receiving stolen property, making false claims, or obstruction of justice; a violation
of Minnesota consumer protection statutes, or any other offense civil or criminal violation
indicating a lack of business integrity or business honesty, including loss or lack of required
licensure, that seriously and directly affects the present responsibility of a person.
(2) Material violation of the terms of a covered transaction, public agreement or other
transaction, such as a willful failure to perform in accordance with the terms of one or more
public agreements or transactions; a history of failure to perform or of unsatisfactory
performance of one or more public agreements or transactions; or a willful violation of a
statutory or regulatory provision or requirement applicable to a public agreement or transaction.
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(3) A procurement or nonprocurement debarment by any federal, state or local agency.
(4) Knowingly doing business with a debarred or suspended person in connection with a
covered transaction, except as permitted in section 185.03(b).
(5) Violation of a material provision of a voluntary exclusion agreement entered into or of
any settlement of a debarment or suspension action.
(6) Violation of any federal or state law or city ordinance regulating hours of labor and
wages including but not limited to: minimum wage standards, chapter 82 of the Saint Paul
Administrative Code and any other prevailing wage standards, chapter 98 of the Saint Paul
Administrative Code and any other living wage standards, the Federal Davis Bacon Act,
Minnesota Statute § 116J (relating to business subsidies), discrimination in wages standards, or
child labor standards.
(7) Violation of:
a. Chapter 183 of the Saint Paul Legislative Code;
b. Chapter 84 of the Saint Paul Administrative Code; or
c. Any federal, state or local rules, regulations, laws or agreements regarding
discrimination in employment, vendor outreach goals, civil rights, affirmative
action, equal employment opportunity, conflict of interest, or nondiscrimination.
(8) Violation of a labor peace agreement or project labor agreement.
(9) Any serious or compelling causes that are related to a person or participant's fitness
to enter into or successfully perform a covered transaction with the city.
(b) Suspension may be applied for any of the causes identified in this section when immediate action is
necessary to protect the public interest.
Sec. 185.05. - Review required.
The department shall monitor all contracts for compliance with all applicable terms. If an investigation reveals
that a person or participant has violated a relevant federal, state or local law or failed to meet a term of the
contract, the department shall notify that person or participant in writing of the noncompliance and provide a
reasonable amount of time to gain compliance. Failure to comply within the given time may result in a
debarment proceeding.
Sec. 185.06 05. - Debarment proceeding process.
(a) Notice and hearing requirements. In any case where the council city may or intends to consider a
debarment, the person or participant having a covered transaction with the city shall be given notice and an
opportunity to be heard as provided herein. The council may consider such debarment when recommended by
the department.
(b) Notice: If the department determines that cause exists to commence a debarment under section
185.04, the department, or the city attorney's office on behalf of the department, shall issue a notice of the
proposed proceedings to the person or participant having a covered transaction with the city. The notice shall
advise the person or participant of the following:
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(1) That a debarment is being considered;
(2) The reasons or causes for proposed action in terms sufficient to put the person or
participant on notice of the conduct or transaction(s) upon which it is based;
(3) The proposed sanction;
(4) That the person or participant is entitled to a hearing before action is taken by the
council department;
(5) That the person or participant can choose to admit or deny the allegations giving rise
to the debarment proceeding.
a. If the person or participant wishes to admit the allegations, then the person
may request a public hearing before the council to address the appropriate penalty. In
that case, the council is not bound by the Department's recommended sanction and
may deviate upward or downward from the recommended sanction consistently with the
presumptive penalties. If the person or participant wishes to admit the allegations but
contest the proposed sanction, he/she may submit information to mitigate the penalty to
the department and the director or his/her designee shall respond within 7 calendar
days as to whether the information has changed the proposed sanction.
b. If the person or participant wishes to deny the allegations giving rise to the
debarment proceeding, then the person must request a hearing before a hearing
examiner.
c. Failure to request a hearing respond in writing within fifteen (15) working days of
the notice of proposed debarment proceeding, shall be deemed an admission of the
allegations and acceptance of the proposed penalty. In that event, the matter shall be
placed on the consent agenda for council approval of the proposed penalty.
(c) Upon receipt of a written request from a person or participant (Respondent), the department shall
arrange a hearing before a hearing examiner appointed by the council or retained by contract with the city for
that purpose. The person or participant shall be provided an opportunity to present evidence and argument as
well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The
hearing examiner may in its his/her discretion permit other interested persons the opportunity to present
testimony or evidence or otherwise participate in such hearing.
Sec. 185.07 06. - Hearing before hearing examiner.
(a) The hearing examiner shall hear all evidence as may be presented on behalf of the city and the R
espondent, and shall present to the council department written findings of fact and conclusions of law together
with a recommendation regarding the appropriate sanction.
(b) The Respondent may represent themself himself or choose to be represented by another.
(c) Record; evidence. The hearing examiner shall receive and keep record of such proceedings,
including testimony and exhibits, and shall receive and give weight to evidence, including hearsay evidence,
which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of
their affairs.
(d) The city must prove the cause for a debarment by a preponderance of the evidence. If the action is
based upon a criminal conviction, a civil judgment arising out of Respondent's it normal business affairs or
debarment by a federal or state agency or another municipality, the standard shall be deemed to have been
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made met through introduction of evidence of the conviction, judgment or debarment. The Respondent has the
burden of proof for establishing mitigating circumstances.
Sec. 185.08 07. - Hearing before council. Final Determination by Department.
(a) The council department shall consider the evidence contained in the record, the hearing examiner's
recommended findings of fact and conclusions, and shall not consider any factual testimony not previously
submitted to and considered by the hearing examiner. After receipt of the hearing examiner's findings,
conclusions, and recommendations, the council shall provide the respondent an opportunity to present oral or
written arguments alleging error on the part of the examiner in the application of the law or interpretation of the
facts, and to present argument . Upon conclusion of that hearing, and after considering the record, the
examiner's findings and recommendations, together with such additional arguments presented at the hearing,
the council shall determine what, if any, sanction shall be taken, which action shall be by resolution. The
council department may accept, reject or modify the findings, conclusions and recommendations of the
hearing examiner.
(b) Council Department action,resolution to contain findings. Where the council department orders
debarment or other sanction with respect to a person or participant, the resolution by which such action is
taken department director or his/her designee shall issue an order which shall contain its findings and
determination. The council order may adopt all or part of the findings, conclusions and recommendations of
the hearing examiner, and incorporate the same it in its resolution imposing the debarment or other sanction
order but must make findings and conclusions to support modification or rejection.
(c) Imposition of costs. The council department may impose upon any Respondent some or all of the costs
of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but
are not limited to, the costs of the administrative law judge or independent hearing examiner, stenographic and
recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental
of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council department
may impose all or part of such costs in any given case if the position, claim or defense of the Respondent was
frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment.
Sec. 185.09 8 . - Debarment period; other sanction.
(a) Debarment shall be for a period commensurate with the seriousness of the cause(s). A debarment shall
not exceed three (3) years. If a suspension precedes a debarment, the suspension period shall be considered
in determining the debarment period. The department shall recommend a sanction based upon appropriate
aggravating and mitigating circumstances such as:
(1) The potential for harm or imminent threat to public health;
(2) The extent of deviation from contractual or regulatory requirements;
(3) The degree of willfulness or negligence;
(4) The history of noncompliance or compliance;
(5) The demonstration of good faith efforts to correct a violation;
(b) All suspensions shall be for a temporary period pending the completion of an investigation and such
legal or debarment proceedings as may ensue. A suspension shall become effective immediately upon
issuance of the notice specified in section 185.06(c) including notice that a suspension is required to protect
the public interest.
(c) The council may renew an existing debarment for an additional period if the council determines, upon
recommendation of the department, that an extension is necessary to protect the public interest. However, a
debarment may not be extended solely on the basis of the facts and circumstances upon which the initial
debarment action was based. If debarment for an additional period is determined to be necessary, the
procedures of section 185.06 shall be followed to extend the debarment.
(d) A person or participant may request the council to reverse the debarment decision or to reduce the
period or scope of debarment. Such a request shall be made to the department in writing and supported by
documentation and shall not be submitted earlier than six (6) months after the final decision to debar. In no
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event may more than one (1) such request be submitted within any twelve-month period. The department shall
make a report and recommendation to the council at a public hearing regarding the request for reversal or
reduction. The burden shall be on the person or participant to prove the facts that substantiate the basis for
reversal of the debarment, and that reversal of the debarment is necessary to prevent an unreasonable
exclusion. The council shall issue its decision by resolution explaining the basis for the grant or denial of a
reversal or reduction. The council may grant such a request for reasons including, but not limited to:
(1) Reversal of the conviction or civil judgment upon which the debarment was based;
(2) Bona fide change in ownership or management;
(3) Elimination of other causes for which the debarment was imposed; or
(4) Other reasons the council deems appropriate.
Sec. 185.10 09. - Debarment records.
All documents and other data assembled pursuant to this chapter shall be handled and retained by the
department or city clerk in accordance with applicable local and state data retention policies.
Sec. 185.1110. - Business licensing.
(a) Whenever a debarment action is completed against a participant who is also a holder of a business
license from the city, the department shall transmit a copy of the written debarment decision along with copies
of the materials assembled during the debarment process record to the city license inspector. Within ten (10)
working days of receipt of the decision and the materials, the license inspector shall determine whether to
commence an adverse license hearing. Any such adverse hearing initiated shall be handled in accordance
with section 310.05 of the Legislative Code.
(b) Any adverse action taken by the city concerning the license of any person based on the breach of
contractual responsibilities shall be referred to the department for a determination as to whether debarment
proceedings hereunder should be commenced.
Sec. 185.12. - Presumptive penalties for certain violations.
(a) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by
which the city council determines the length of debarment. These penalties are presumed to be appropriate for
every case; however the council may deviate therefrom in an individual case where the council finds and
determines that there exist substantial and compelling reasons making it more appropriate to do so. When
deviating from these standards, the council shall provide written reasons that specify why the penalty selected
was more appropriate.
Type of
Violation
Appearance
1st 2nd 3rd 4th
(1) Criminal
conviction or
civil judgment
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(2) Material or
repeat
violation of
agreement
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(3) Debarment
by another
jurisdiction
Length of
debarment
imposed
(4) Doing
business with
debared
person
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(5) Violation of
voluntary
exclusion
agreement or
debarment
settlement
agreement
One year
debarment
Three year
debarment
(6) Violation of
hours of wage
or other labor
standards
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(7) Violation of
regulations or
contractual
terms
regarding
discrimination,
vendor
outreach, civil
rights,
affirmative
action
6 month
debarment
One year
debarment
Three year
debarment
Three year
debarment
(8) Violation of
labor peace or
project labor
agreement
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(9) Other
serious or
compelling
causes
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
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Type of Violation Appearance 1st 2nd 3rd 4th(1) Criminal conviction or civil judgment 6 month debarment One year debarment Two year debarment Three year debarment(2) Material or repeat violation of agreement 6 month debarment One year debarment Two year debarment Three year debarment(3) Debarment by another
jurisdiction
Length of debarment imposed
(4) Doing
business with
debared
person
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(5) Violation
of voluntary
exclusion
agreement or
debarment
settlement
agreement
One year
debarment
Three year
debarment
(6) Violation
of hours of
wage or other
labor
standards
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(7) Violation
of regulations
or contractual
terms
regarding
discrimination
, vendor
outreach, civil
rights,
affirmative
action
6 month
debarment
One year
debarment
Three year
debarment
Three year
debarment
(8) Violation
of labor
peace or
project labor
agreement
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(9) Other
serious or
compelling
causes
6 month
debarment
One year
debarment
Two year
debarment
Three year
debarment
(b)Violations occurring after the date of the notice of hearing.Violations occurring after the date of the
notice of hearing that are brought to the attention of the department prior to the hearing date before an
administrative law judge (or before the council in an uncontested facts hearing)may be added to the notice(s)
by stipulation if the person or participant admits to the facts,and shall in that case be treated as though part of
the "1st appearance."In all other cases,violations occurring after the date of the formal notice of hearing shall
be dealt with as a "2nd appearance"before the council.The same procedures shall apply to a second,third or
fourth appearance before the council.
(c)Subsequent appearances.Upon a second,third or fourth appearance before the council by a particular
person or participant,the council shall impose the presumptive penalty for the violation or violations giving rise
to the subsequent appearance without regard to the particular violation or violations that were the subject of
the first or prior appearance.
(d) Computation of time.
(1)If a person,participant or affiliate appears before the council for any violation where that violation has
occurred within two (2)years after the first appearance of the same person,participant or affiliate for a
violation listed in paragraph (a)above,the current appearance shall be treated as a second appearance for
the purpose of determining the presumptive penalty.
(2)If a person,participant or affiliate has appeared before the council on two (2)previous occasions for
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(2)If a person,participant or affiliate has appeared before the council on two (2)previous occasions for
violations and if said person,participant or affiliate again appears before the council for a violation and if the
current violation occurs within five (5)years of the violation that gave rise to the first appearance before the
council,then the current appearance shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3)If a person,participant or affiliate has appeared before the council on three (3)previous occasions,
each for violations listed and if said person,participant or affiliate again appears before the council for a
violation,and if the current violation occurred within seven (7)years of the violation that gave rise to the first
appearance,then the current appearance shall be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
(4)Any appearance not covered by subsections (1),(2)or (3)above shall be treated as a first appearance.
In case of multiple violations in any appearance,the date to be used to measure whether two (2),five (5)or
seven (7)years have elapsed shall be the date of the violation last in time at the first appearance,and the date
of the violation first in time at any subsequent appearance.
Sec. 185.1311. - List of records of debarred contractors.
(1)List:The department shall compile,maintain and publish a current consolidated list of all debarred
contractors to ensure that the city does not solicit or accept bids from,negotiate with,award contracts to,and
approve or allow subcontracts with listed contractors.Persons or participants with contracts awarded by the
city shall ensure that no subcontracts are issued to debarred contractors.
(2)Records:The department shall maintain records relating to each debarred contractor.These records
shall contain the name and address,cause for debarment and the date each cause occurred,any limitations
or deviations from the normal effect of the debarment,and the effective and termination dates of the
debarment.
Sec. 185.14 12. - Additional penalties.
Nothing in this section shall preclude the enforcement of provisions of this chapter in any court of competent
jurisdiction by any appropriate form of civil action,including seeking to enjoin any continued violation and
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City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1Ord 11-121 Name:Fort Road Coffee Co. 1518 Randolph Ave
Status:Type:Ordinance Final Adoption
In control:City Council
Final action:
Title:Memorializing City Council action taken on December 7, 2011, granting the application of Fort Road
Coffee Company LLC to rezone property at 1518 Randolph Avenue from B1 Local Business to T2
Traditional Neighborhood and amending Chapter 60 of the Saint Paul Legislative Code pertaining to
the Saint Paul zoning map.
[Zoning File #11-282-365] [Public hearing held December 7, 2011].
Sponsors:Pat Harris
Indexes:Ward - 3, Zoning
Code sections:Sec. 61.801. - Changes and amendments.
Attachments:
Action ByDate Action ResultVer.
City Council1/4/2012 1
City Council12/28/2011 1
City Council12/21/2011 1
Title
Memorializing City Council action taken on December 7, 2011, granting the application of Fort Road Coffee
Company LLC to rezone property at 1518 Randolph Avenue from B1 Local Business to T2 Traditional
Neighborhood and amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul
zoning map.
[Zoning File #11-282-365] [Public hearing held December 7, 2011].
Body
WHEREAS, Pursuant to Minnesota Statutes § 462.357 and § 61.800 of the Legislative Code, Fort Road
Coffee Company LLC duly petitioned to rezone 1518 Randolph Ave, being legally described as Randolph
Villas Ex S 6 54/100 Ft Lot 1, PIN 102823320021, Rezoning from B1 Local Business to T2 Traditional
Neighborhood; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on October 20, 2011, for
the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code,
submitted its recommendation to the Planning Commission for approval; and
WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on October 28,
2011, and recommended approval recommended to the City Council; and
WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the
official newspaper of the City on November 17, 2011, and notices were duly mailed to each owner of affected
property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and
WHEREAS, a public hearing before the City Council having been conducted on December 7, 2011, at which
all interested parties were given an opportunity to be heard, the Council having considered all the facts and
recommendations concerning the petition; now, therefore
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File #: Ord 11-121, Version: 1
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul as incorporated by reference in §60.303 of the Saint Paul
Legislative Code, as amended, is hereby further amended as follows:
That the property at 1518 Randolph Ave, being more particularly described as:
Randolph Villas Ex S 6 54/100 Ft Lot 1
be and is hereby rezoned from B1 to T2.
Section 2.
This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
publication.
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City Hall and Court House
15 West Kellogg Boulevard
Phone: 651-266-8560
City of Saint Paul
Legislation Details (With Text)
File #: Version:1Ord 12-1 Name:Ordinance memorializing rezoning of 1773 Selby
Avenue to T2
Status:Type:Ordinance Agenda Ready
In control:City Council
Final action:
Title:Memorializing City Council action granting the application of Interworld Development Llc for the
rezoning from B2 Community Business to T2 Traditional Neighborhood of 1773 Selby Ave and
amending Chapter 60 of the Saint Paul Legislative Code pertaining to the Saint Paul zoning map.
Sponsors:Russ Stark
Indexes:Zoning
Code sections:Sec. 61.801. - Changes and amendments.
Attachments:
Action ByDate Action ResultVer.
Title
Memorializing City Council action granting the application of Interworld Development Llc for the rezoning from
B2 Community Business to T2 Traditional Neighborhood of 1773 Selby Ave and amending Chapter 60 of the
Saint Paul Legislative Code pertaining to the Saint Paul zoning map.
Body
WHEREAS, Pursuant to Minnesota Statutes § 462.357 and § 61.800 of the Legislative Code, Interworld
Development Llc duly petitioned to rezone 1773 Selby Ave, being legally described as Skidmore
Cassedyspark Addition Subj To Ave The Fol, Parts Desc As Beg At A Pt On The S Lot Line Of Lot 25 Dist 59
Ft E Of The Sw Cor Of Lot 24 Thence N Par With The E Lot Line Of Lot 25 A Dist Of 66 Ft Thence W Par With
The S Lot Lines Of Lots 24 And 25 To The W Lot Line Of Lot 24 Thence N Along The W Lot Line Of Lot 24 To
The Nw Cor Of Lot 24 Thence E Along The N Lot Lines Of Lots 24 And 25 To The Ne Cor Of Lot 25 Thence
W Along The S Lot Line Of Lot 25 To The Pob Of Lots 24 And Lot 25 Blk 3, PIN 042823120221, rezoning from
B2 Community Business to T2 Traditional Neighborhood; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on November 10, 2011,
for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code,
submitted its recommendation to the Planning Commission for approval; and
WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on November 18,
2011, and recommended approval to the City Council; and
WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the
official newspaper of the City on December 8, 2011, and notices were duly mailed to each owner of affected
property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and
WHEREAS, a public hearing before the City Council having been conducted on December 21, 2011, at which
all interested parties were given an opportunity to be heard, the Council having considered all the facts and
recommendations concerning the petition; now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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File #: Ord 12-1, Version: 1
SECTION 1
That the zoning map of the City of Saint Paul as incorporated by reference in §60.303 of the Saint Paul
Legislative Code, as amended, is hereby further amended as follows:
That the property at 1773 Selby Ave, being more particularly described as:
Skidmore Cassedyspark Addition Subj To Ave The Fol, Parts Desc As Beg At A Pt On The S Lot Line Of Lot
25 Dist 59 Ft E Of The Sw Cor Of Lot 24 Thence N Par With The E Lot Line Of Lot 25 A Dist Of 66 Ft Thence
W Par With The S Lot Lines Of Lots 24 And 25 To The W Lot Line Of Lot 24 Thence N Along The W Lot Line
Of Lot 24 To The Nw Cor Of Lot 24 Thence E Along The N Lot Lines Of Lots 24 And 25 To The Ne Cor Of Lot
25 Thence W Along The S Lot Line Of Lot 25 To The Pob Of Lots 24 And Lot 25 Blk 3
be and is hereby rezoned from B2 to T2.
SECTION 2
This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
publication.
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