05-273�-/�-l�NZ�� `����OS
RESOLUTION
OF SAINT PAUL, MiNNESOTA
Presented
Council File # -�a��
Green Sheet # 30a� ��
/�
Admonishing the Business Review Couneil forActions Taken Beyond The Scope of Their Purview
1 WfIEREAS, the City of Saint Paul established the Business Review Council in Council File 94-1550; and
2 VJHEREAS, the resolution outlined three chazges given to the BRC, one of which is "To review all proposed
3 legislative and procedural changes that materially affect the regulatory environment of business and industry in the
4 City and make recommendations to the Mayor and City Council concerning the approval and 'unplementation of
5 such changes, and the impact that they would have on business and industry"; and
6 WHEREAS, the City approved it's 2005 Legislative Agenda, without the inclusion of a request for a state bonding
7 appropriation for a floodwali at Holman Fieid; and
8 WHEREAS, on November 24, 2004, the City Council passed Council File 04-1027, now Administrative Code
9 Chapter 45, which states that "All lobbying activities on behalf of the city shall be consistent with the city's federal
10 legislative agenda or state legislative agenda"; and
11 �I�REAS, the City's legislative agendas "sha11 be recommended by the mayor and reviewed and adopted by
12 resolution of the City Council" (§ 45.02 of the Admin Code}; and
13 WHEREAS, the "State legislative agenda shall be defined as the compilation of city policies and positions on issues
14 or legislarion pending at the state level of government and which serves as the basis for the city's lobbying
15 activities" (Admin Code § 45A1(d)); and
16 WI3EREAS, the Business Review Council sent a letter to Representative Alice Hausman, dated March 24, 2005,
17 which states "The BRC urges you to fund the State of Minnesota's shaze of this project," referring to the floodwall,
18 and copied the Mayor and the City's lobbyist on this letter, but failed to copy the City Council; and
19 WHEREAS, it is cleaz from the statement quoted above from CF 94-1550 that the chazge of the BRC is to review
20 policies that afFect business regulation in Saint Paul, which does not include acquiring bonding money to build a
21 floodwall at an airport; now, therefore be it
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31 FINALLY RESOLVED, that the City Council suggests to a11 cit7 departments, agencies and advisory boards that
they review Administrative Code Chapter 45 regarding city lobbyists and legislative agendas and adhere to the
2 requirements of the ordinance.
Adoption Certified by Council Secretary
BY� /, i �ii.�vso�
Approved by Mayor: Date
By: �P�fi .� �,✓�2S ��� /� �i �iGril9i
Requested by Depariment of.
�
Form Approved by City Attomey
�
Approved by Mayor for Submission to Council
�
05-az3
Adopted by Council: Date �� cZ 0(� �
� Green Sheet Green Sheet Green SFieet Green Sheet Green Sheet Green Sheet
�.�.�
Confact Person & Phone:
Lee Helgen
63G50
Must Be on Couneil Aqen
Contract Type:
RE-RESOLUiION
3'1-MAR-OS
� '
Assign
Number
For
Routing
Order
Green Sheet NO: 3025969
0 nnc�
1 nn ' artm ntDirector
2 iCiN Clerk GSN Clerk
3
4
5
Topl # of Sig P ages _(C lip NI Locations for S ign a ture)
Acfion Requested:
Resolurion admonishing the Business Review Council for acrions taken beyond the scope of their purview.
Planning Commission t. Has this persoNfirtn e�er woficed under a contract for this department?
CIB Committee Yes No
CiNI Service Commission 2. Has this person/firtn eeer been a city employee?
Yes No
3. Does this persoNfirm possess a sKill rrot nortnally possessed by any
current city employee?
Yes Na
Explaln all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages IfApproved:
�
d5-a�3
Disadvantaqes IfApproved:
Disadvanqges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosNRevenue Budgeted:
Activity Number:
March 3�, 2005 9:55 AM Page 1
Business Review Council
Wil[iam Cosgrifj; Ch¢irnwn
David Baker, Chairmnn Executtve Commitree
City of Saint Paul
March 24, 200�
The Honorable Alice Hausman
245 State Office Building
SaintPaul,MN »1�5
RE: Holznan Field F7ood Wall
Deaz Ms. Aausman:
1000 Ciry Hali Annes
25 West Fourth Street
SaintPaul, Mirsnerota 5�102
Fas: 651-292-7857
O��a�,3
The City of Saint Paul takes great pride in the civic involvement of volunteer community members. One
of the ways this involvement is demonstrated is the volunteer committee network advising the Mayor and
City Council on a variety of issues. The Mayor's Business Review Council (BRC) is one of those
committees. The BRC represents a diverse cross section of our city, including business, large and small,
labor, education and local govemraent.
During 2004, the BRC became aware that the building of flood protection at Holman Field in downtown
Saint Paul was being delayed due to lack of funding. The membership conducted a meeting at the site in
June, 2004 and heard from Gary Warren, Metropolitan Airports Commission (MAC) Project Manager for
the floodwall project. This is a$25 million dollar project that has great regional and local impact. Mr.
Warren detailed a proposed funding mix that is federal, state, MAC and local.
The BRC is concerned that if this project is not funded and flood control measures are not taken that the
economics of Minnesota and specifically Saint Paul's business connmunity will be negatively impacted.
A study done in 1997 shows that Holman Field, at that time, had 317 on-site jobs with 1,076 related jobs,
a payroll of $34.9 million and an economic impact of $88.4 million annually. The BRC feels that a flood
wall at Holman Field is critical to the economics of Saint Paul. Many prominent corporations operate
there; it is an important reliever airport; an economic generator; and critical to future deployment of the
Minnesota National Guard.
The BRC urges you to fund the State of Minnesota's share of this project.
Sincerely,
�
Bill Cosb iff, Chair
Business Review Council
C: Mayor Randy Kelly
Nancy Haas
AA-ADA-EEO Employer
6`�' �1,'7i
§ 44.04
ADbIINLSTRATIVE CODE
prepaze and file in April of each year with the city
council and the mayor an annual report and
recommendations regarding the implementation
of ttus chapter.
(C.F. No. 04-316, § 1, 5-5-04)
Sec. 44.�5. Subpoena.
Nothing in this chapter prohibits city employ-
ees from responding to a properly issued sub-
poena.
(C.F. No. 04-316, § 1, 5-5-04j
Sec. 44.06. No intent to create private cause
of action.
Nothing in this chapter is intended to create a
private cause of action for violations of this chap-
ter.
tC.F. No. 04-316, § 1, 5-5-04)
Sec. 44.07. Severability.
If a section of this chapter is found to be invalid
for any reason, the remaining sections of the
chapter shall continue in full force and effect.
(C.F. No. 04-316, § 1, 5-5-04)
Chapter 45. City Lobbyists and Legislative
Agendas
Sec. 45.Q1. De�nitions.
As used in this chapter:
(a) Lobbyist means any individual, firm or
agency engaged by the city for pay or
other consideration to perform lobbying
activities foz the city. This includes city
employees who must register as lobbyists
with the State of Minnesota under Min-
nesota Statutes Sections 10A, subd. 21
and 10A.03.
(b) Lobbying ¢ctiuities means to appear be-
£ore a state or federal legislative, execu-
tive, or administrative body, including com-
mittees, sub-committees, and task £orces,
to meet state or federal legislative, exec-
utive or administrative officials, or to con-
sult with or advise any city official on
content or strategies concerning any as-
pect of a legislative agenda, as defined in
this chapter.
(c) Fedeml tegislatiue ¢genda shall be de-
fined as the compilation of city policies
and positions on issues or legislation pend-
ing at the federal level of government,
and which serves as the basis for the city's
lobbying activities.
(d) St¢te legisl¢tive ¢genda shall be defined
as the compilation of city policies and
positions on issues or legislation pending
at the state level of government, and
which serves as the basis for the city's
lobbying activities.
(C.F. No. 04-1027, § 2, 11-24-04)
5ec. 45.02. Legislative agenda.
At least annually, the city's federal legislative
agenda and state legislative agenda shall be rec-
ommended by the mayor and reviewed and adopted
by resolution oF the city council. These agendas
may be updated from time to time by resolution,
as needed.
(C.F. No. 04-1027, § 2, 11-24-04)
Sec. 45.03. Lobbyists.
No lobbyist shall engage in lobbying activities
without prior authorization by resolution of the
city council. All lobbying activities on behalf of the
city shall be consistent with the city's federal
legislative agenda or state legislative agenda. All
contracts retaining a lobbyist, except lobbyists
who are city employees, must be in writing and
must include by express reFerence the provisions
of this chapter.
(C.F. No. 04-1027, § 2, 11-24-04)
Sec. 45.04. Disclosure and conflict of inter-
est.
(a) Disclosure. Any lobbyist retalned by the
city shall, at the time of retention and quarterly
thereafter, file with the city clerk a complete list
of all current clients of that lobbyist, including
representation of any type, full-time or part-time.
This requirement shall be made part of the con-
tracE by which the city retains the seroices of such
lobbyist.
s�PU.No.so 2556
05-��3
OFFICERS AND EMPLOYEES
(b) Corzflict of interest. Auring its period of
contract with the city, no lobbyist shall lobby the
city or city council on behalf of any other client
nor on behalf of any other client represent any
interest(s) which conflicts with any city policy or
position.
(QE No. 041027, § 2, ll-2404)
Chapters 46-50. Reserved
§45A-
['I'he nest page is 259`.
Supp.No.60 2557
( � -�-,.�
Perfomiar�ce Audit of the CiTy of Saint Paul's Building PemvS P�� ���ew and Inspections Functions V J °` � J
Business Review Council
The Business Review Council (BRC) is composed of representarives from City staff, labor,
neighborhood councils, residents with relevant experience, and Saint Paul business owners and
organizations. The BRC meets monthly, and has two subcommittees, the Business Issues
Committee and the General Legislation Committee, that also meet monthly. The BRC has been
most active in identifying unnecessary licensin� regulations. They were recently involved in
reaching an agreement with the taxicab industry in Saint Paul to increase the number of licensed
taacis in the City and allow a rate increase. LIEP provides the staff support for the BRC, and other
departments, such as PED and Public Works, also participate and provide support as necessary.
The BRC is involved in only a limited capaciry in the permitting, plan review, site plan review
and inspections processes of LIEP.
Citizen Service Office, Property Code Enforcement and the Police
Department
Citizen complaints aze often funneled through the Citizen Service Office to the appropriate
departments. Therefore, some zoning complaints go through this office to reach LIEP, and the two
offices must shaze information. On a broader scale, LIEP and Property Code Enforcement, a
section of the Citizen Service Office, interact in a number of ways. LIEP inspects vacant buildings
to determine the building code violations that must be addressed to bring the building into
compliance. LIEP will inspect later to determine if those issues have been addressed. Code
Enforcement inspects them for property maintenance code violations, and maintains the vacant
building list for the city. LIEP and Code Enforcement must interact to ensure that when a pemvt is
pulled for work on a vacant building, that the permit is not closed until the building meets the
minimum property maintenance requirements. Code Enforcement and LIEP's Animal Control Unit
also cooperate extensively in rodent baiting efforts. Finally, LIEP and Code Enforcement must
interact on building projects which have become "problems" because of the long time it takes for
their completion, and the nuisance these projects create for neighbors. Notably, these two offices
view this issue very differently. Code Enforcement believes there are many such projects which are
long-term problems, while LIEP holds that there aze only a half a dozen such cases.
City Council
LIEP leadership is also responsible for communicating with the legislative body of the City, the
City Council. The City Council is certainly a stakeholder in LIEP's activities, as many of the
policies passed by the Council directly affect LIEP, and the Council is also responsible for
approving LIEP's budget. The City Council is also the final azbiter on many LIEP decisions such
as appeals from the Heritage Preservation Commission, Planning Commission and Board of
Zoning Appeals. Maintaining open communication is essential to the vitality of the department.
Overall, this relationship is handled relatively well. The BRC communicates with the Council on
a regular basis, and LIEP uses the BRC to communicate many of its concerns and issues,
particularly related to licensing to the Council.
However, LIEP is also responsible for communicating directly with the Council, particularly at
this time as a result of funding provisions for the new computer systems, known as ECLIPS and
AMANDA." LIEP has done some updates for the Council, though they do not appear to
" ECLIPS is an acronym for Efectronic Computerizes License, Inspection and Permitting System. AMANDA is
an acronym ihat stands For Automated Management of Data and Applications.
2000 Sain( Paa! City Couttnl Research