03-459,-.. t , o S�b s �.,..� e_ — Mo.� 1`t , 2-0 0 3
o �� �4t� t� _
i 1 s � . '
UTION
ITY OF N PAUL, MINNESOTA
n��c�a �
Council �le # D�- ys 9
Green Sheet # �D S/ �
�
1 Resolution authorizing Distrid Energp and District CooZing to use the public right-0f-way for a fiber network
2 WHEREAS, on February 2, 2003 District Energy informed the City of Saint Paul of its plans to replace the current
3 copper wire flow volume metering system used by District En�gy and its affiliate, District Cooling, with fiber opric
4 cable; and
5 WHEREAS, these glans also include the upgrade of a porkian of their communication's systems by installing fiber optic
6 cable to the new Ramsey County Law Enforcement Center, the necv Saint Paul Police Department Headquarters (the
7 James S. Griffm Building), the Centennial Office Building and other key sites — as has bcen requested by the State of
8 Minnesota and the County of Ramsey; and
9 WFIEREAS, the proposed new fiber optic metering system will require only a portion of the capacity of the fiber lines
lo propose�l for installarion; and
11 WHEREAS, the potential capacity of the District Energy & District Cooling fiber network could be used to provide a
12 low-cost fiber network for emergency govemuient comixmnication, and to help manage the City's downtown traffic
13 signals; and
14 WHEREAS, District Energy's and District Cooling's provision of a fiber network wluch could serve emergency
15 government communication is consistent both witU Saint Paul's emergency prepazedness plans, and Homeland Security
16 requirements, as it will strengthen the connection of Saint Paul's first responders to Ramsey County and the State of
17 Minnesota by providing both additional capacity and some redundant conununicarion system; and
18 WHEREAS, District Encsg,y and District Cooling have indicated they nced to begin the process of receiving bids for the
19 installation of tlus fiber network by mid- June 2003; and
20 WI-IEREAS, neither District Energy and District Cooling currenUy have the authority tmder their franchise agreeinents,
21 Appendices F and K of the Legislative Code, to undertake the provision of a fiber optic network to "third parties" such
22 as the State of Minnesots and the County of Ramsey, now therefore be it
23 RESOLVED, that the Saint Paul City Councfl hereby affu�ms its intention to make appropriate amendments, cansistent
24 with this resolution, to the District (Energy) Heating and District Coolmg Francluse Agrcements, AppendiY F and K of
25 the Saint Paul Legislative Code, and directs City officials �gaged in franchise negotiations with District Energy and
26 District Cooling to develop these modifications; and be it
27 FURTHER RESOLVED, that the Saint Paul City Council hereby suthorizes District Energy and District Cooling to
28 incorporate a fiber nehvork into their operations, as they have indicated by letter received by May 14, 2003, to Mayor
29 Kelly and the Saint Paul City Council they will mcet the following canditions:
3o a) City and District (Energy) Heating and District Cooling Francluse Agreements aze amended to provide legal
31 authority to instal] the added fiber lines for the benefit of the State, County and CiTy, wluch amendments aze
32 anticipated to be made by June 18, 2003.
33 b) no lease or other agreements for use of the fiber lines aze executed betcveen District Energy and District
34 Cooling and the State of Minnesota or Ramsey County, until the District (Energy) Heating and District Cooling
35 Francluses aze amended;
� r 'l � l.�' . L � f � �
Q3 -�S�
1 c) the only users of trris fiber network may be the State of Minnesota, tUe County of Ramsey and the City of Saint
2 Paul, unless the additional us�s are approved by the City;
3 d) annual maintenancarelated billing by Dish Energy to the State of Minnesota and the Coimty of Raznsey be
4 included 'm its calculations of gross earnings for purposes of determining the annual franchise fces;
5 e) the followmg buildings be mt�connected, at no cost to the City, mto this fiber network far purposes of
6 providing a redundant emergency cou�unications networl� thus strengthening the State's, County's and Ciry's
7 ability to communicate in crisis situations, as is consist�t with our �ergency prepazedness and homeland
s security plans and policies;
9 i)
10 ii)
u iii)
lz iv)
13 v)
la vi)
ls vii)
16 viii)
Saint Paul Police Department Headquarters (the James S. Griffm Build'mg)
City Hall Court House
City Hall Annex
Centennial Office Building
Town Square/NCL Building
Ramsey County Law Enforcement Center
Region's Hospital
Central Library
i � fl District Energy and District Cooling will bring eight-fibers to a patch panel at a demarcation point determined
i8 by District Energy and District Cooling located at the District Energy and District Cooling service entry point
19 for each of the buildings, and will provide $15,000 towazds the City's in-building connections, for projects
2o determined by the City, upon commencement of initial construction;
21 g) District Energy and District Cooling shall test the fiber upon wmpletion of construction and maintain the fiber
22 at no cost to the City, and they shall be responsible for the maintenance of the fiber to performance within
z3 manufacturer's specifications at all times, for as long as District Energy and District Cooling are utilizing the
24 fiber optic network, for a duration of at least twenty years as provided by the amendments to the franchise
25 ageements relating to this fiber network are adopted;
26 h) provision of access to four fibers, separately bundled with the other eight fibers provided to the City, to be
z7 activated by the City of Saint Paul, from existing District Energy and District Cooling handholes and building
28 service points, at no cost to District Energy and District Cooling, for purposes of connecting traffic signals to
29 the fiber network, which will result in increased capacity to manage traffic flow, and assist in the event of
3o failure of existing systems at key locations; and
31 i) District Energy and District Cooling shall develop the network to be implemented 'm phases, and as the network
3z e�cpands, the City's twelve sepazately bundled fibers shall be brought with the other fibers through condiuts in
33 the City's right-of-way and to buildings with a goal to develop a ring or multiple rings configuration in the
34 fixture when acceptable to District Energy and District Cooling;
35 j) No portion of the fiber optics provided to the City shall be leased, transferred or otherwise assigned by the City
36 to any third party for any purpose without the written consent of District Energy and District Cooling;
3� k) District Energy and District Cooling apply for the necessazy pennits and comply with any and all local, state
38 and federal regulations that may apply;; and be it
39 FURTHER RESOLVED, that should District Energy and District Cooling be unable to conclude agreements with
4o Raxnsey County and the State of Minnesota regarding the shared construction and use of the fiber, District Energy and
a1 District Cooling shall inform the City and the provisions of this resolution shall be nullified and franchise amendments
a2 related this project shall be rescinded; and be it
�', i'__ � , Q �1 �
� ! r-: � -� ,U
� t e � l.� , ,. i
63 -yS9
1 FINALLY RESOLVED, that City officials are hereby directed to enter into and �ecute a contract with District Energy
2 and District Cooling to implement the provisions identified in this Council resolution.
Adopt
Adopt
B
Appro
By.
Requested by Department of:
�(V1lifGLCtQ � ��r
i�
/ '����
' ���11
Form Approved by City Attorney
BY �/S(.LTy"). U�.
,� ,
1�� -y,`-.i
.�,-.
�, �.� '`�
���;
DISTRICT
ENERGY
St. Paul, Inc.
Hans O. NYman
Energy Center
76 Kellogg Blvtl. W.
ST. Paul, MN 55102-16'I'I
Tel 651297.8955
Fax 65'1221.0353
wwvv.d istrictenergy.com
6 3 — �'� S`�
May 14, 2003
The Honorable Randy Kelly
Mayor
City of Saint Paul
390 City Hall
15 West Kellogg Boulevard
Saint Paul, MN 55102
Re: Resolution authorizing District Energy and District Cooling to use the public
rg"t-o#-way �;,r a fib�r new.c� k
Dear Mayor Kelly:
Pursuant to the resotution authorizing District Energy and District Cooling to use the
public right-of-way for a fiber network before the City Council on May 14, 2003, District
Energy and District Cooling hereby agree to the following conditions:
a) City and District Energy and Districi Cooling Franchise Agreements are amended
to provide legal authority to instail the added fiber lines for the benefit of the State, County
and City, which amendments are anticipated to be made by June 18, 2003.
b) No lease or other agreements for use of the fiber lines are executed between
District Energy and District Cooling and the State of Minnesota or Ramsey County, until
the District (Energy) Heating and District Cooling Franchises are amended;
c) The only users of this fiber network may be the State of Minnesota, the County of
Ramsey and the City of Saint Paul, unless specific amendments are made to the
franchise agreements allowing for other government users that are approved by the City;
d) Annual maintenance-related billing by District Energy to the State of Minnesota
dii the :,ounty oi Rsmsey b2 i� �cfuded in i :S C& icwations it'ii jJUi peses of determinirg ii i2
annual firanchise fiees;
e) The following buiidings be connected by eight fibers, separately bundled with the
other fibers provided to the City, to be activated by the City of Saint Paul, for purposes of
providing a redundant emergency communications network; thus strengthening the
State's, County's and City's ability to communicate in crisis situations, as is consistent
with our emergency preparedness and homeland security plans and policies;
i)
ii)
iii)
iv)
v)
vi)
VII�
VIII�
Saint Paul Police Department Headquarters (the James S.
City Hall Court House
City Hall Annex
Ramsey County Law Enforcement Center
Centennial Office Building
Town Square/NCL Building
Regions Hospital
Central Library
Griffin Building)
o� - `�,s�
f) District Energy and District Cooling will bring the eight fibers to a patch panel at a
demarcation point determined by the District Energy and District Cooling located at the
District Energy and District Cooling service entry point for each building and will provide
$15,000 upon commencement of initial construction towards the City's in-building
connections for projects determined by the City;
g) District Energy and District Cooling shail develop the network to be implemented
in phases, and as the network expands, the City's twelve separately bundled fibers shali
be brought with the other fibers through conduits in the City's right of way and to buildings
with a goal to develop a ring or multiple rings configuration in the future when acceptable
to District Energy and District Cooling;
h) District Energy and District Cooling shall test the fiber upon completion of
construction and maintain the fiber at no cost to the City, and they shall be responsible for
the maintenance of the fiber to performance within manufacturer's specifications at all
times for as long as District Energy and District Cooling are utilizing the fiber optic
network for a duration of at least twenty years as provided by the amendments to the
franchise agreements relating to this fiber network are adopted;
i) Provision of access to four fibers, separately bundled with fibers provided to the
City, to be activated by the City of Saint Paul, from existing District Energy and District
Cooling handholes and building service points, at no cost to District Energy and District
Cooling, for purposes of connecting traffic signals to the fiber network, which will result in
increased capacity to manage traffic flow, and assist in the event of failure of existing
systems at key locations;
j) No portion of the fiber optics provided to the City shall be leased, transferred or
otherwise assigned by the City to any third party for any purpose without the written
consent of District Energy and District Cooling;
k) District Energy and District Cooling apply for the necessary permits; and comply
with any and all local, state and federal regulations that may apply.
Please contact me at (651) 297-8955 if there are any questions.
Sincerely,
��
Anders J. Ryd er
President
cc: City Council Members, Matthew Smith, Lori Lee — Financial Services
William M. Mahlum, Esq., Michael Burns, Joyce Anderson, Andrew Kasid
oa -�ts�
Councilmembet Coleman
AryTqCT PERSON & PFiIXJE
UST BE IXJ COIRJCiL /
5/14/2003:coeseot
wu.meesort
x0UTY1G
�
TOTAL # OF SIGNATURE PAGES
oa�un�r ow¢ra
No 1 Q4�18
❑ QIYAITOpEY ❑ GIYCIHYI
❑ pwcvamew�on ❑ �aaaittr¢
❑ MYORI�AffLLiAM) ❑
(CLJP ALL LOCATIONS FOR SIGNATURE�
tlpproval of resduNon authoriung District Energy and Distrid Coolieg to use the public rightof-way for a fiber network, provided certain conditioes
aze �.
PL4NNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
Fias tluc 0�� e.erwwlaed urwler a conUact for tlris depehmenLT
YES NO
Has ttde pemonlfiim ever heen a cdy empbyeel .
vES MO
OcesMis P�� D� a sW� mt � 4y �Y curtent dh! emWoY��
YES �
IsNuspeBONfirmaterye[edvendoYt ,
YES NO
dITIATING PF20BLEM ISSUE. OPP�RTUNITY (WM. Whal, When, Where. Wlry) '
Distrid Emergy and District Cooling are in the process of designing an upgraded commimication system tha[ will involve the use of fiber in the public
rightof-way. This fiber will ha�e sufficiert capacityto provide service to the City; Ramsey County and the State of Minnes�a, if the City amends the
&anctiise agreemenu with District Energy and District Cooling to authorize this use.
� ' Ram.4ey Cowrty and the State of Minnesota could begin discassions with District Energy sLared'constridion and maintenance of this fiber network and
the City of SaintPaul would beneSt through the addition of a mdimdant fibez comm�mication nehvork among the key safety facilities, as is consistent
with emergencyPreparedness and homeland seciaityplans. � � '
��fi�NR�fi�i��68$RRH�4he impetus of amending the franclrise agreemeuts with Distric[ Energy and Dis[rict Cooling before the ageeme�s have
expixed. However, barh franchises have requested termination and renewal of their &ancluses W en6ance their l�g-term Snaacial situation.
The State, City and County would not gain the above-mentioned benefits.
AMOUNT OF TRANSACT�ON
5l72003 � GREEN SHEET
COSTIREVENUE BU06ETED (qRCLE ONE)
YES NO
_.n i � i iR"'�' i4`i�,'TrTy'-7
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
r���a
Referrea To
Resolution authorizing Distrid Energp and D'ubict Cooling to use the public
1 WHEREAS, on February 2, 2003 District Energy mformed the City of Saint Paul
2 coppe.r wire flow volume metermg syst� used by District Energy and its affiliate,
3 cable; and
Council F51e # 03 - �S �(
Green Sheet #�}( y S 1�
l�l
_ ttee Date
of ay for a fiber network
ans to replace the cun�t
t cooling, with fiber opric
4 WFIEREAS, these plans also mclude the upgrade of a portion of their commuu tion's systems to the new Ramsey
5 County Law Enfarcement Center, the new Sairn Paul Police Departmeirt H ers (the James S. Griffm Building),
6 the Centennial Office Suilding and other key sites — as has been requested the State of Mumesota and the County of
7 Ramsey; and
8 WHEREAS, the proposed new fiber apric metering system will
9 proposed for installarion; and
10 WHEREAS, the excess capacity of the District Energy &
11 low-cost fiber network for emergency government eomnm
12 Public Works to manage the City's dowrnown traffic sign
a portion of the capacity of the fiber lines
�ooling fiber ndwork could be used to provide a
as well as replace the copper wire lines used by
13 WHEREAS, District Energy's and District Cooling's pro ' ion of a fiber network wiuch could serve emergency
14 goveinment commimicarion is consistent both with Saint aul's emergency preparedness plans, and Homeland Security
I S requirements, as it will strengthen the connection of S� t Paul's first responders to Ramsey County and the State of
16 Minnesota by providing both additional capacity an some rectundant communication system; and
17 WFIEREAS, District Energy and District Coolin ave indicated they need to begin the process of receiving bids for the
18 installation of ttris fiber network by mid-May 2 3; and
19 VJHEREAS, neither District En�gy and ''ct Cooling currently have the authority under their franchise agreem�ts,
20 Appendices F and K of the Legisiative C , to undertake the provision of a fiber optic network to "third parties" such
21 as the State of Minnesota and the Co of Ramsey; now therefore be it
22 RESOLVED, that the Saint Paul Ci Council hereby affirms its int�tion to make apprapriate amendments to the
23 IJishict (Energy) Aeating and Dis ct Cooling Francluse Agreements, Appendix F and K of the Saint Paul Legislative
24 Code, and directs City officials ged in franchise negotiations with District Energy and District Cooling to develop
25 these modifications; and be it
26 FURTHER RESOLVED, t the Saint Paul City Council hereby authorizes District Energy and Dish Cooling to
27 mcorporate a fiber netw wto its operations, as they have indicated by ldter received by May 14, 2003, to Mayor
28 Kelly and the Saint P City Cotmcil they will meet the following conditions:
29 a)
30
31
City and
by
D' trict (Energy) Heating and District Cooling Franchise Agreements aze amended to provide legal
o install the added fiber lines for the benefit of the State, County and City, wluch is anticipated to be
8, 2003.
32 b) no se ar other agreements for use of the fiber lines are executed between District Energy and District
33 lmg and the State of Minnesota or Ramsey County, until the District (Energy) Heating and District Cooling
34 ranchises are amended;
35 c) the only users of ttus fiber network may be the State of Minnesota, the County of Ramsey and the City of Saint
36 Paul, unless specific amendments are made to the franchise agreements allowing for other govermnent users
37 that shall be part of the security nerivork;
os -�159
1 d) annual maintenance-related billing by District Energy to the State of Minnesota and the County of Ramsey be
2 included in its calculations of gross earnings for purposes of detennining the annual franchise fee;
3 e) the following buildings be interconnected, at no cost to the City, into this fiber network for purposes of
4 providing a redundant emergency communications network; thus strengthening the State's, County's and City's
5 ability to communicate in crisis situations, as is consistent with our emergency preparedness and homeland
6 security plans and policies;
7 i)
8 ii)
9 Hi)
10 iv)
11 v)
12 vi)
13 vii)
ia fl
15
16
17
18 g)
19
20
21 h)
22
23
24 _ i)
25
26
Saint Paul Police Deparhnent Headquarters (the James S. Griffin Building)
City Hall Court House
City Hall Annex
Centennial Office Building
Town Square/NCL Building
Ramsey County Law Enforcement Center
Region's Hospital
the interconnection to these buildings would utilize six single-mode dark fibers brou to a patch panel at a
demaxcation point determined by the City for each of the buildings, and the City's r undant emergency
communications network should be consiructed in a ring, star, or star-wired ring d the central location for the
star or star-wired ring topology, if used, should be the James S. Griffin Build' ,
District Energy and District Cooling shall test the fiba upon completion o onstruction and maintain the fiber
at no cost to the Ciry, and they shall be responsible for the maintenance the fiber to performance within
manufacturer's specifications at all times;
provision of four mulri-mode fibers, at no cost to the City, for tra c signals to be fully connected and
integrated into the fiber network, which will result in increased c pacity to manage traffic flow, and assist in the
event of failure of elcisting systems at key locations; and
DistricfEnergy and District Cooling apply for the necess permits; comply with any and all local, state and
federal regulations that may apply; and pay the necessa fees at the new construction rate for service to third
party users to undertake the proposed project in the C' 's right-of-way;and be it
27 FURTHER RESOLVED, that should District Energy and istrict Cooling be unable to conclude agreements with
28 Ramsey County and the State of Minnesota regarding th shared conshuction and use of the fiber, District Energy and
29 District Cooling shall inform the City and the provisi of this resolution shall be nullified; and be it
30 FINALLY RESOLVED, that City officials aze her y directed to enter into and execute a contract with District Energy
31 and District Cooling to implement the provisions ' tified in t1�is Council resolution.
Requested by Department of:
Benanav
Blakey
sosuam
Coleman
Harris
Lantry
Reiter
_ � / /
'�I �/�i/ /
Form Approved by City Attorney
�
Adopted by Council� Date
Adoption Certifi�d by Council Secretary
i
By:
Approved by Mayor: Date
Approved by Mayor for Submission to Councii
�
�
Return copy to:
Reai Fstate Division
140 City Hall @n)
RESOLUTION
OF SAINT PAUL, MINNESOTA
r��neea B
Referred To
cou�►�il N�le # 03 • `�S"�
Green Sheet #.� 0 4 ���
��
Committee:
1 WHEREAS, parcel code PIN 25-29-23-43-0050 and being described as Humphrey's Addition to Saint
2 Paul, That part between Parkway and Minnehaha Avenue of Lot 6, Block 3, is taac forfeited properry, held
3 in Trust by the State of Minnesota; and,
4
5 WHEREAS, The Department of Public Works of the City of Saint Paul, has requested the Real Estate
6 Division to make appiication for a KUse Deed" for this parcel, for right-of-way purposes, from Ramsey
7 County Tas Forfeit Division;
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THEREFORE BE IT RESOLVED, that the City Council of the City of Saint Paul, hereby authorizes
the proper City officials to execute an appiicauon for the above described parcel for the stated purpose at
a total cost to Public Warks. $29.66 which is to be chazged to GL-001-02157-0881
,. , ��;
T.M.S./YtEAL ESTATE DatR: Apri130, 2003 Green Sheet N ber: 204144
DIVISION
��n�a� 4 ��,�.
nfact Puson and Phone Nmnber:
1 en°s'�vs °'ffi
BobNovak 2(>6-5850 �+.cma y axicr.wcnm.
3 xoaiosastsmxn saz,u.�ami»
ust be on Council A enda b. a 14, 2003
OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SZGNATORE)
CTION REQUESTID:
pprove resolution authorizing the Real Estate Division to apply for a tax forfeited parcel needed by Public
orks for ri ht-of-wa oses at the intersection of Como and Minnehaha Ave.
,uiom:neraove�n>oaxF.m.c� �� ERSONAL SERVICE CONTRACTS M[7ST ANSWCR THE FOLLOWING:
r'�""� � sT^�"n . Aas the perso�firm ever worked mder a contract for this department? YES NO
rnwsmrvicecorm�oN . Hasthisperson2irmeverbeenaCStyemployee? YES NO
� MM � zP . Does this personlfirni possact a s6�71 not nonnally possessed by azry
lain all YES answers on a se azate sheet and atfach.
UPPORTS WHICH COUNCII, OBSECIZVE?
COUNCIL WARD(S) DISTRICT PLANNING COUNCIL
HITIATING PROBLEM, ISSi7E, OPPORTUNITY (Who, What, When, Where, Why?):
arcel is needed to allow improvements to the Como/ Minnehaha intersec6on geometries
�
VANTAGES IF APPROVPD: �.., �n�43Y
'ty acquires property at a nominal cos�
� ���� �
: � v ��
�. �e,s � 'p�;��
�
ISADVANTAGES IF APPROVID: .
ODC
ISADVANTAGES IF NOT APPROVED:
cquisition cost would cost the City more.
ozr.L nMOUNZ o� x�xsncTTOx: 29.b6 cosTr�vE� suncE�v �cmcLEOn�� �s xo .
mtcsouxcE: GL-001-02157-0881 ACTIVITYNUMBER:
ANC7AL INFORMATiOATe (EYPLAIN) -
O�IGI�IA�
Presented
Refened To
RESOLUTION
CITY OF SAINT PAUL,IVIIlVNESOTA
��
Committee: Date
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WHEREAS, on October 24, 2001, the City Council, by Resoluuon Number Ol-ll01, adopted a siiminary of
the Trout Brook Greenway Plan and Community Vision for Lower Phalen Creek as part of the City's
Comprehensive Plan; and
WHEREAS, the City Council has adopted as official City policy the redevelopment of brownfields in the
Lower Phalen Creek area into a nature sanctuary and bicycle path in several chapters of the Comprehensive
Plan, including the Summary and General Policy (adopted March 24, 1999), the Land Use Plan (adopted
March 3, 1999), the Mississippi River Corridor Plan (adopted March 14, 2001), the Parks and Recreation
Plan (adopted January 9, 2002), and the Transportation Plan (adopted January 9, 2002); and
WHEREAS, on November 7, 2001 the City council, by ResoluUOn Number O1-1206, authorized the
acquisition from the Burlington Northern Railroad of 27 acres of property in the Lower Phalen Creek area
with the intenuon of developing it into the Bruce Vento Nature Sanctuary; and
WHEREAS, 17 acres of the site are contaminated primarily with peuoleum products and will be devoted to
conservation uses (the "ConservaUOn Property"), and 10 acres of the site are contaminated primarily with
hazardous chemicals and will be devoted to recreation purposes (the "Recreauon Property"); and
WHEREAS, the cost of cleaning up the contaminauon on the site is estimated to be nearly $ i million,
$250,000 of which has been contributed by the former owner of the property in fulfillment of its
responsibility to clean it up; and
WHEREAS, the United States Environmental Protection Agency provides funding through its Brownfield
Cleanup Grant Program, with separate funds for cleaning up petroleum contaminafion and hazardous
chemical contamination; and
WHEREAS, in February of 2003, the United States Environmental Protection Agency invited the Ciry of
Saint Paul to submit an applicauon for $200,000 in funding to clean up petroleum contamination on the
Conservauon Property and another application for $200,000 in.funding to clean up hazardous chemical
contamination on the Recreauon Property;
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Paui, Minnesota that the
Mayor of the City of Saint Paul is hereby authorized to apply for a$20Q000 Brownfield Cleanup Grant to
remediate petroleum contamination on the Conservauon Property, and far a$200,000 Brownfield Cleanup Grant
to remediate hazardous chemical contamination on the Recreation Properry; and
Council File # O 3 y s y
Green Sheet # 204058
G:�Shazed�RE�REAL WPdata�Acquismons�BmceU�owexPhalenCreelL,Vento�AE2001-06.LPCP.EPA.Rzs.wpd
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Council File #
Green Sheet # 204058
Page 2
BE IT FURTFIER RESOLVED, that upon approval of its applicarion the Ciry may enter into an agreement
with the United States Environmental Protection Agency for the above-referenced project and that the Mayor of
the Ciry of Saint Paul is hereby authorized to execute such agreements as are necessary to implement the project.
Adopted by Council: Date aao
Adoption Certified by Council Secretary
By:
Approved by M
By: �
t�
G:�Shazed�RE�REAL
Requested by Department of:
Teehnologv & Manaeement Services
By: �
Approved by Fina�ial ervices
r
By: �
Form Approved by jty Attorney
by
r:
.EPA.Res.wpd
�� �_, �� �— By.
- j � 3 -'-l5
T.MS./REAL ESTATE DIVISION Date: Apri116, 2003 Green Sheet Number: 204058
ntactPeison and Phone N 2 EPARTMENT DIRECPO � CITP COiTNCII,
Peter White �• 266-8853 1 ATro�T ��, ct'�
UDGET DII2EC1'OR 3 FFiCE OF F7P7ANCL4L SVCS
os[beonComdAg�daby: ebi.�,r'$,�'. � YOR(ORASS7STt11�7T)
OTAL # OF SIGNATURE PAGES 1(CL1P ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
Approval to authorize Citp officials to apply for a grant from the U.S. Environmental Protection Agency
(EPA) to assist with clean-up of the future Bruce Vento Natnre Sanctuary property.
COMNIIiNDATIONS: APPROVE (A) OR REJECT (R) $$ONAL SERVICE CONTRACTS MUST ANSWGR THE FOLLOwiNG:
PLANNING COMMISSION A STAFF i. Has the person/£mn ever worked under a con4act for this deparOnent? YES NO
RECE{VEQ A��sperso�✓SrmeverbeenaCStyemployee? YES NO
aVII, SERVICE COMMISSION
Bi�F% � ,'�s �UU� . Doesthisperson/Srmpossessasitillnotnorn�allypossessedbyany YFS NO
CIB COMMI7'CEE cm�reat _ - - _ . " .-
REAL ESTAiE p(V(StOP� e11p
E lain all YES answers on a se arate sheet and atta .
FP d?.
UPPORTS WHICH COUNCII.OBJECTIVE? YC,d a`
OUNCIL � DISTRICT Q
ARD(S) PLANIVING a � 3q �
COUNCIL ., rt +:'.: ,��, ," &33
r<
HI17ATING PROBLEM, LSSOE OPPORTUNITY (Who, Whai, W6en, Where, Why?): '�
The U.S. EPA pxovides funding through its Brownfield Cleanup Grant Program, with separate funds for
cteaning up petroleum contamination and hazardous chemical contamination. The City was invited.to
apply for a$200,000 Brownfield Cleanup Granf to remediate petroleum contamination on the
"conservation property" within the Bruce Vento Natwe Sanctuary, and for a$200,000 Brownfield Cleanu
Grant to remediate hazardous chemical contamination on the remainder of the sanctuary property. The
cost of cleaning up the contamination on the site is estimated to be nearly $1 miilion. $250,000 has been
contributed b the former owner of the ro e, and $405,000 from co orate and foundation ants.
VANTAGES IF APYROVED:
The City will have sufficient funding to remediate all Known environmental contamination in accordance
with a Volun Res onse Action Plan a roved b the Minnesota Pollu�ion-Conlro�,� "
ISADVe1NTAGES IF APPROVED: t3
lvone � A€�R i � 2(3�3
ISADVANTAGES IF NOT APPROVED: ,v=a e�°��/ /�. TT�� ���
tl i /`0 ff �
The City will be unable to complete the remediation phase, which is necessary before the site can be
developed for use by the public.
OTAL AMOi7NT OF TRANSACTION: N�A COST/REVENUE BUDGETED (CIl2CLE ONE) YES NO
ixcsouxcE: Federal Grant - EPA ncTivrrYNOMSEx:
NANC7AL IIVPORMATiON: (EXPLAI�
G.�Slured�RE�REAL WPdaw44cquisinons�Bruce�inwerPhaleaGee�VentoWE2001-06.LPCP.EPA.res.GS.frm
Gi�aGi�AL
Green Sheet # � �yO�s
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
13
WHEREAS, statistics reported to the State Public Safety Department indicate that there continues to be an
increase in the number of bias motivated crimes that have been committed in the State of Minnesota and the
City of Saint Paul, and
WHEREAS, the Saint Paul Department of Human Rights has developed a"Social Policy" strategy designed
to help prevent bias motivated crimes, raciaUethnic violence, bigotry, and religious intolerance, and
WHEREAS, the City Council of the City of Saint Paul has authorized the Department of Human Rights, to
solicit grants and donations from corporate foundations and community resources to support the
implementation of the city-wide strategy and campaign, and
WHEREAS, the Mayor, pursuant to Section 10.07.1 of the City Charter, does certify that there are funds
of $1,196 available for appropriation in excess of those estimated in the 2003 Budget; and
WHEREAS, the Mayor recommends the following changes to the 2003 budget;
II(JMAN RIGHTS
Current
Budeet
Chanees
Amended
Bud¢et
FINANCING PLAN
General Government Special Projects
Social Policy Prevention Strategy
050-30151-9830 Use of Fund Balance
Sales
All Other Activity Financing
Total Financing
SPENDING PLAN
Social Policy Prevention Strategy
050-30151-0221 Postage
050-30151-0241 Printing
050-30151-0389 Other Misc Supplies
All Other Acrivity Spending
Tota1 Spending
0
0
0
0
0
0
0
0
0
Council File # n 3 -y5s
1,150
46
1.196
1,196
1 196
1,150
46
0
1196
0
1,196
0
0
1 196
BE TT RESOLVED, that the City Council approves these changes to the 2003 budget.
V l\� �..,'�` •�
6� _�s5
Requested by Department of:
. • .
��I�'�-���
/ �
�.. . -. .��� _ - -
�
By
Mayor: Date
�
Form Approved C
By:
&pprov b Mayor
Counc' � `
By: /✓l E�
By
Adopted by Council: Date o0
Adoption Certified by Council Secretary
0
o�nR,MINr�� o���,� D3 -`iS5
xnman xights � � � ���u2s/o3 GREEN SH EET No 1 O�; 0 4 5
corrrncr aQZSOri s at�or� .m�uo . timrm,r.
W. FL T ne Terrill - 266-8964 �..,�� ��,o.
MUSf BE ON COUNCIL AGB�A BY @4TEj
MEicx
5/07/03 � m..,,� ❑ ��
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ao�rwc
� �wwxu��aEancFSOa wwno�cae�v�aro
17 1 YYORI��lYrt� ❑
T
TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE)
cnoN a�nuESrm
Amend the 2003 Budget to allow expenditure of fund balance in 30151 ( Social Policy
Prevention Strategy)
RECAMMENDATION Approve (A) w ReJect (R) PERSOfULSERVECF CON7RACf5 MUSTANSWERiHEFOLLOWIN6 QUESiIONS:
1. FlasMisP�umeVerxorketluMeramMiacttofNiredeparhnenl?
PLANNING CAMMISSION � vES NO
CIBCOMMITTEE 2- H�ttdspe�sorJfirmeverheenaa7yanpbyee7
CIVILSERVICECAMMISSION YES NO �
a ooesmis ce�.m ro� a sqll rat normalypo�setl Mr anr current ctv emrybvee?
YES NQ
4. Iathispe�aaJfiimetargeted�eiWoR, �
YES NO
� � F�lain all yes armMeis m s�arafe aheM arW aLLech to D� sheet
INITIATING PROBLEM ISSUE, OPPOR7UNITV (Who, WhaL When, Where, Wlry)
Continued increase in number of bias motivated crimes, raciaUethnic violence and bigotry.
,
ADVAMAGES IF APPROVED
Continued distribution of "Prejudice Isn't Welcome" merchandise to help reduce bias
moUvated crimes by creating living and working environments that challenge such activit_y
and/or behavior.
DISADVANTAGES IF APPROVED
None '
DISADVAMAGES IF NOTAPPROVED � - ' ' �
Continuation of an atmosphere that is conducive to allowing bias crimes to be comnutted.
ora� anwurir oF rwwsncnan t $1,196.00 cosTmEVaue suoe�a �a� oa� rEa rio
Fund Balance 30151
FUNDING SOURCE ' NCTV�T' NUR�ER ��
FlNANCIAL INFORMA710N (E%PLAIl�
APR � 0 2Q�3
. ^ �
�l�t�i����,�
Presented By:
Refeaed to:
MINNESOTA
COUNCIL FILE #: Q'3 — � S
GREEN SHEET #: 204869
Committee Date:
�5 _
1 WHEREAS, the Saint Paul Riverfront Corporarions has undertaken the task of redeveloping the foimer Firstar Site into the
2 Landmark Plaza; and
3
4 �VE�REAS, per the terms of the Memo of Understanding (M.O.U.) the City Council approved in its resolurion CFOl-1237, the
5 Landmazk Plaza will be dedicated to the City of Saint Paul, and will be maintained by Parks and Recreation as part of the pazk
6 system; and
7
8 WHEREAS, also per the terms of the M.O.U. the City of Saint Paul must establish a means by which to track revenues and
9 expendihues associated with the Landmark Plaza; and
10
11 WHEREAS, Parks and Recreation is estimating that site rentals will generate approximately $5,000 in 2003; and
12
13 WHEREAS, the Mayor, pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are
14 available for appropriation, funds of $5,000 in excess of those esrimated in the 2003 budget; and
15
16 WHEREAS, the Mayor recommends that the following additions be made to the 2003 budget:
17
18 CURR�NT AMENDED
19 FINANCING PLAN: BUDGET CHANGES BUDGET
20 729 - Pazks Opportunity Fund
21 53101 - Landmark Plaza
22 4084 - Fees - Picnic Permits 0 5,000 5,000
23 0 5,000 5,000
24 SPENDING PLAN:
25 729 - Parks Opporhxnity Fund
26 53101 - Landmazk Plaza
27 0132 - Not Certified - Temp./ Seasonal 0 3,000 3,000
28 0299 - Miscellaneous Services 0 850 850
29 0389 - Miscellaneous Supplies 0 850 850
30 0439 - Fringe Benefits 0 300 300
31 0 5,000 5,000
32
33 THEREFORE BE IT RESOLVED, that the Council of the Ciry of Saint Paul approves these changes to the 2003 budget.
G:1FM1Q71JW31Reso)utions, AOs, Green SheeislResolufionslLandmark Park Resolut�on.xls Page: 1 of 2
�l ' f1. ! ��•.: : 'Z • P. f
. O ! \ , _. COUNCILFILE#: �� ��'
GREEN SHEET #: 204869
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By:
Referred to:
Committee Date:
Reguested by:
Adopted by Council: Date: _�� �y_ �a a �
a�
Division of Pazks and Recrearion -
� , ' � �, � /
Approval Recommended by Financial Services D'uector:
By: �CNV�����
G:IFMIQ71JW31Resolutions, AOs, Green SheefslResolutionslLandmark Park Resolution.xls Page: 2 of 2
Adoprion Certified by Council Secretary Form Approved by City Attorney
� �7
DEPMTMENT/OFFICFICOUNCIL DA7E INIT1AiED GREEN SHEET NUMBER: " 204869 O ��� �
Parks and Recreation aris/2oos
CONTACT PERSON AND PHONE ��� INRIpL/DATE INRULLlDA7E
Jason Wirka Z66-6417 ASSIGN � 1 DEPARTMENTDIRECTOR 5 CRYCOUNQL
KarenClark632-2407 NUMBEfi \ 3 cmrnrroar� �crrvc�eRK
FORROIRINC �
MUSTBEONCOUNCILAGEN�ABV(DA7E): pqp� 2 FINANCW.SERVICESDIR 6 O.F.S.-ACCOUNTING
4 MAYOR (OR ASSISTAN'� 7 OiHER: Pa� anC Retteation
ASAP
TOTAL NUMBER OF SIGNA7URE PAGES: 'I GLIP ALL LOCATONS FOR SIGNANRE
AClION REQUESTEU:
Approval of attached Councii Resolution authorizing a spending and financing plan for tandmark Plaza rentais.
RECOMMENDAT�ONS: (Approve (A) or RejeCt(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
PLANNINGCOMMISSION CN�LSERVICECAMMISSION 1. Hasll�eperson/firmeverwo�lceduntlercontractforttiistlepartrnent?
CIB COMMIT'fEE � ❑ Yes ❑ No
A S7AFF OTHER: 2. HasNeDersonlfi�meverbeenacityemployee?
DISTRICT COUNCIL OTHER: � ye, ❑ No
3. DoesihepersoNfirmpossessasltillnotnortnalPQSSESSEDbyacurteMpryemployea?
❑Yes ❑No
� Ezplain all yes answers on separa[e sheet antl attach to green sh¢et.
INITIATI�'G PROBLEM, ISSUE, OPPORTUNIN (`N1ro,Nlhat, When. Where, Wky): ' ,
Per the terms of the Memo of Understantling (M.O.U.) the City Council approved in its resolution CF01-1237, the Landmark Plaza will be
dedicated to the City of Saint Paul, and will be maintained by Parks and Recreation as part of the park system. Any revenues generated by the
renWl of this facility are required by the terms of the M.O.U. to be dedicated to the needs W the park.
ADVANTAGESIFAPPROVED:
A spending and financing plan wilf be developed for the maiMenance and operation of the Landmark Plaza "
f A Y `',
D75ADVANTAGE6IFAPPROVED: - y�� �
None. � � ' r.^���� �
�`;;'"
?kF ��; x;�� , .
_ �Fz�`
DISADVANTAGES IF NOT APPROVED:
The City will not be in complianee with the M.O.U. ,
TOTALAMOUNT OF TRANSACTION: $5,000.00 C0.ST/REVENUE BUDGETED (Check One) ❑ Yes O No
FUNDINGSOURCE: P@R771TFEBS ACTNINNUMBER: � 72J-53101 '
FINANCIAL INFORMATION: (EXPLAIN) ,
G.IFMIQ7V W31Resolutions, AOs. Green SheetslGreen SheetsLLantlmark Park Green Sheetxis Page: l of f
Q�iG��A�
Council File # O 3_'�is Y
Presented
Refened To
I
' OF
J
Green Sheet # t 14 O 5 Y
Committee Date
Resolution to approve District Cooling SL Paul, Inc.'s request to amend their customer billing rates.
1 WIIEREAS, District Cooling St. Paul, Inc. filed a notice on July 19, 2002 and an official affidavit on September 18,
2 2002 notifying the City of Saint Paul of a proposed cooling rate increase. The cooling rate increase became effecrive
3 in October 2002, until approved or denied by the Saint Paul City Council pursuant to Secrion 11(e) of the District
4 Cooling Franchise; and
5 WHEREAS, District Cooling St. Paul, Inc. agreed to an extension for review of the request by the City of Saint Paul
6 until May 14, 2003; and
7 WIIEREAS, evidence and recommendations have been presented to the City Council in the manner of a City staff
8 report submitted to the City Council on May 7, 2�03, in conjuncrion with a public hearing on this matter; now
9 therefore be it
10 RESOLVED, the Fiscal Year 2003 cooling system customer billing rates proposed by District Cooling St.
i l Paul, Inc. appeaz to be reasonable in today's market condirions, and thus formal approvai by City Council
12 Resolution is recommended based on the following:
13
14
15
1) The cooling demand rate changes from $22.38 to $22.82 per ton per month, an increase of 2.0 %.
2) The cooling energy rate changes from $0.060 to $0.061 per ton-hour, an increase of 1.7%. If
actual energy costs are less than estimated, customers receive a refund.
16 3) The chazge for chilled water flow exceeding 110 galions per ton-hour during June, July, August
17 or September billing period changes from $0.40 to $0.60 per thousand gallons above 103 gallons
18 per ton-hour, an increase of 50%.
19 4) The credit for chilled water flow below 75 gallons per ton-hour during June, July, August or
20 5eptember billing period changes from $0.40 to $0.60 per thousand gallons above 103 gallons per
21 ton-hour, an increase of 50%; and be it
22 FiJRTHER RESOLVED, District Cooling is opera6ng in an expanding/growth mode; therefore, it is
23 recommended that:
24 1) The City Council approved customer billing rates for 2003, be limited to District Cooling's
25 operating years of 2003 through 2006; and, that a new customer billing rate application be
26 submitted no later than fiscal year 2007.
27 2) District Cooling provide the City with an opporhu�ity to review, at the District Cooling offices,
MINNESOTA
lG
: 0���,�'��
0
,..; ; ; '�.; �
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1 the confidenrial and proprietary four yeaz plan related to system expansion and capitai
2 maintenance, with anticipated debt financing and, or refinancing, whenever a customer billing
3 rate application is submitted; and be it
4 FIJRTI�R RESOLVED, it was difficult for City Staff to detemiine the appropriate level of cash and
5 reserve balances required for all current and anticipated needs of District Cooling's operations for 2003 and
6 for the foreseeable future; therefore it is recommended that:
7 1) Dishict Cooling's Board of Director's formally approve written policy statements which specify
8 desired cash balances and reserves for general operations, rate stabilization, debt service, and
9 capital repair and maintenance.
10
11 2) District Cooling provide the City with an opportunity to review, at the District Cooling offices,
12 the confidential and proprietary Board of Director's policy statements whenever they are adopted,
13 amended or when a customer billing rate applicarion is submitted; and be it
14 FINALLY RESOLVED, any modifications to the Cost Allocation Agreements for District Energy, District
15 Cooling and Market Street Energy can have a significant effect on both annual budgets and billing rates;
16 therefore it is recommended that:
17 1) District Cooling notify the City of any changes to the cost allocation agreements and provide the
18 City with the most current cost allocafion agreements.
�� �
�
Adopted by Council: Date _� aa
Adoption Certified by Council Secretary
Fonn Approved by City Attomey
By: � / SGl i71 ' ��
03 -ys �
of Financial Services
266-8837
DATEINRIATFD
o�,o��� GREEN SHEET
I�IIDate
No 114058
InitlaVDate
crtr councv.
ASSIGN
�CRYPTlORHE'( �GIY4lERK
NUMBERFOR '
ROUTING
FlNANCNLSEfNICESDRt FlNANCW_SERVIACCTG
ORDER '
� MAYOR ❑
TOTAL # OF SIGNATURE PAGES 7_ (CLIP ALL LOCATIONS FOR SIGNATURE) I
of District Cooling St Paul, Inc.'s request to amend their customer billing rates.
PLANNING COMMISSION
q6 COMMITTEE
CIVIL SERVICE COMMISSION
PROBLEM ISSUE, OPPORTUNIN(Who, What, When, Where, Why)
PERSONAL SERVICE CONTRACTS MUST ANSW ER THE FOLLOWING QUESTIONS:
1. Has this persoNfrtn ever xrorketl untler a CoMract for Nis tlepaM1menl'�
YES NO
2. Has ihis persoNfirm ever been a crty employee?
YES NO
3. Dces this personlfirm posseu a skill not normally possessed by any curterrt city employee?
YES NO
4. Is this persoNfirm a iargetetl ventlaR
YES NO
:cordance wdh DisUict Cooling's franchise ag�eement, they have fJed notice to amerid Schetlule A of Ordinance 17816, regarding their heating and cooli�g rates.
City Councl must review Ne evitlence of Nis rate cas antl approve or deny iheir requesi. The attachetl resolution recommentls approval of the new rates.
IF APPROVED
�VANTAGESIFAPPROVED
VANTAGESIFNOTAPPROVED
needed for capi[al projecLS will not be avalable.
_AMOUNTOFTRANSACTIONS �_
ING SOURCE
:IAL INFORNUlT10N (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE)
ACTIVIN NUMBER
VES NO
,-.. t , o S�b s �.,..� e_ — Mo.� 1`t , 2-0 0 3
o �� �4t� t� _
i 1 s � . '
UTION
ITY OF N PAUL, MINNESOTA
n��c�a �
Council �le # D�- ys 9
Green Sheet # �D S/ �
�
1 Resolution authorizing Distrid Energp and District CooZing to use the public right-0f-way for a fiber network
2 WHEREAS, on February 2, 2003 District Energy informed the City of Saint Paul of its plans to replace the current
3 copper wire flow volume metering system used by District En�gy and its affiliate, District Cooling, with fiber opric
4 cable; and
5 WHEREAS, these glans also include the upgrade of a porkian of their communication's systems by installing fiber optic
6 cable to the new Ramsey County Law Enforcement Center, the necv Saint Paul Police Department Headquarters (the
7 James S. Griffm Building), the Centennial Office Building and other key sites — as has bcen requested by the State of
8 Minnesota and the County of Ramsey; and
9 WFIEREAS, the proposed new fiber optic metering system will require only a portion of the capacity of the fiber lines
lo propose�l for installarion; and
11 WHEREAS, the potential capacity of the District Energy & District Cooling fiber network could be used to provide a
12 low-cost fiber network for emergency govemuient comixmnication, and to help manage the City's downtown traffic
13 signals; and
14 WHEREAS, District Energy's and District Cooling's provision of a fiber network wluch could serve emergency
15 government communication is consistent both witU Saint Paul's emergency prepazedness plans, and Homeland Security
16 requirements, as it will strengthen the connection of Saint Paul's first responders to Ramsey County and the State of
17 Minnesota by providing both additional capacity and some redundant conununicarion system; and
18 WHEREAS, District Encsg,y and District Cooling have indicated they nced to begin the process of receiving bids for the
19 installation of tlus fiber network by mid- June 2003; and
20 WI-IEREAS, neither District Energy and District Cooling currenUy have the authority tmder their franchise agreeinents,
21 Appendices F and K of the Legislative Code, to undertake the provision of a fiber optic network to "third parties" such
22 as the State of Minnesots and the County of Ramsey, now therefore be it
23 RESOLVED, that the Saint Paul City Councfl hereby affu�ms its intention to make appropriate amendments, cansistent
24 with this resolution, to the District (Energy) Heating and District Coolmg Francluse Agrcements, AppendiY F and K of
25 the Saint Paul Legislative Code, and directs City officials �gaged in franchise negotiations with District Energy and
26 District Cooling to develop these modifications; and be it
27 FURTHER RESOLVED, that the Saint Paul City Council hereby suthorizes District Energy and District Cooling to
28 incorporate a fiber nehvork into their operations, as they have indicated by letter received by May 14, 2003, to Mayor
29 Kelly and the Saint Paul City Council they will mcet the following canditions:
3o a) City and District (Energy) Heating and District Cooling Francluse Agreements aze amended to provide legal
31 authority to instal] the added fiber lines for the benefit of the State, County and CiTy, wluch amendments aze
32 anticipated to be made by June 18, 2003.
33 b) no lease or other agreements for use of the fiber lines aze executed betcveen District Energy and District
34 Cooling and the State of Minnesota or Ramsey County, until the District (Energy) Heating and District Cooling
35 Francluses aze amended;
� r 'l � l.�' . L � f � �
Q3 -�S�
1 c) the only users of trris fiber network may be the State of Minnesota, tUe County of Ramsey and the City of Saint
2 Paul, unless the additional us�s are approved by the City;
3 d) annual maintenancarelated billing by Dish Energy to the State of Minnesota and the Coimty of Raznsey be
4 included 'm its calculations of gross earnings for purposes of determining the annual franchise fces;
5 e) the followmg buildings be mt�connected, at no cost to the City, mto this fiber network far purposes of
6 providing a redundant emergency cou�unications networl� thus strengthening the State's, County's and Ciry's
7 ability to communicate in crisis situations, as is consist�t with our �ergency prepazedness and homeland
s security plans and policies;
9 i)
10 ii)
u iii)
lz iv)
13 v)
la vi)
ls vii)
16 viii)
Saint Paul Police Department Headquarters (the James S. Griffm Build'mg)
City Hall Court House
City Hall Annex
Centennial Office Building
Town Square/NCL Building
Ramsey County Law Enforcement Center
Region's Hospital
Central Library
i � fl District Energy and District Cooling will bring eight-fibers to a patch panel at a demarcation point determined
i8 by District Energy and District Cooling located at the District Energy and District Cooling service entry point
19 for each of the buildings, and will provide $15,000 towazds the City's in-building connections, for projects
2o determined by the City, upon commencement of initial construction;
21 g) District Energy and District Cooling shall test the fiber upon wmpletion of construction and maintain the fiber
22 at no cost to the City, and they shall be responsible for the maintenance of the fiber to performance within
z3 manufacturer's specifications at all times, for as long as District Energy and District Cooling are utilizing the
24 fiber optic network, for a duration of at least twenty years as provided by the amendments to the franchise
25 ageements relating to this fiber network are adopted;
26 h) provision of access to four fibers, separately bundled with the other eight fibers provided to the City, to be
z7 activated by the City of Saint Paul, from existing District Energy and District Cooling handholes and building
28 service points, at no cost to District Energy and District Cooling, for purposes of connecting traffic signals to
29 the fiber network, which will result in increased capacity to manage traffic flow, and assist in the event of
3o failure of existing systems at key locations; and
31 i) District Energy and District Cooling shall develop the network to be implemented 'm phases, and as the network
3z e�cpands, the City's twelve sepazately bundled fibers shall be brought with the other fibers through condiuts in
33 the City's right-of-way and to buildings with a goal to develop a ring or multiple rings configuration in the
34 fixture when acceptable to District Energy and District Cooling;
35 j) No portion of the fiber optics provided to the City shall be leased, transferred or otherwise assigned by the City
36 to any third party for any purpose without the written consent of District Energy and District Cooling;
3� k) District Energy and District Cooling apply for the necessazy pennits and comply with any and all local, state
38 and federal regulations that may apply;; and be it
39 FURTHER RESOLVED, that should District Energy and District Cooling be unable to conclude agreements with
4o Raxnsey County and the State of Minnesota regarding the shared construction and use of the fiber, District Energy and
a1 District Cooling shall inform the City and the provisions of this resolution shall be nullified and franchise amendments
a2 related this project shall be rescinded; and be it
�', i'__ � , Q �1 �
� ! r-: � -� ,U
� t e � l.� , ,. i
63 -yS9
1 FINALLY RESOLVED, that City officials are hereby directed to enter into and �ecute a contract with District Energy
2 and District Cooling to implement the provisions identified in this Council resolution.
Adopt
Adopt
B
Appro
By.
Requested by Department of:
�(V1lifGLCtQ � ��r
i�
/ '����
' ���11
Form Approved by City Attorney
BY �/S(.LTy"). U�.
,� ,
1�� -y,`-.i
.�,-.
�, �.� '`�
���;
DISTRICT
ENERGY
St. Paul, Inc.
Hans O. NYman
Energy Center
76 Kellogg Blvtl. W.
ST. Paul, MN 55102-16'I'I
Tel 651297.8955
Fax 65'1221.0353
wwvv.d istrictenergy.com
6 3 — �'� S`�
May 14, 2003
The Honorable Randy Kelly
Mayor
City of Saint Paul
390 City Hall
15 West Kellogg Boulevard
Saint Paul, MN 55102
Re: Resolution authorizing District Energy and District Cooling to use the public
rg"t-o#-way �;,r a fib�r new.c� k
Dear Mayor Kelly:
Pursuant to the resotution authorizing District Energy and District Cooling to use the
public right-of-way for a fiber network before the City Council on May 14, 2003, District
Energy and District Cooling hereby agree to the following conditions:
a) City and District Energy and Districi Cooling Franchise Agreements are amended
to provide legal authority to instail the added fiber lines for the benefit of the State, County
and City, which amendments are anticipated to be made by June 18, 2003.
b) No lease or other agreements for use of the fiber lines are executed between
District Energy and District Cooling and the State of Minnesota or Ramsey County, until
the District (Energy) Heating and District Cooling Franchises are amended;
c) The only users of this fiber network may be the State of Minnesota, the County of
Ramsey and the City of Saint Paul, unless specific amendments are made to the
franchise agreements allowing for other government users that are approved by the City;
d) Annual maintenance-related billing by District Energy to the State of Minnesota
dii the :,ounty oi Rsmsey b2 i� �cfuded in i :S C& icwations it'ii jJUi peses of determinirg ii i2
annual firanchise fiees;
e) The following buiidings be connected by eight fibers, separately bundled with the
other fibers provided to the City, to be activated by the City of Saint Paul, for purposes of
providing a redundant emergency communications network; thus strengthening the
State's, County's and City's ability to communicate in crisis situations, as is consistent
with our emergency preparedness and homeland security plans and policies;
i)
ii)
iii)
iv)
v)
vi)
VII�
VIII�
Saint Paul Police Department Headquarters (the James S.
City Hall Court House
City Hall Annex
Ramsey County Law Enforcement Center
Centennial Office Building
Town Square/NCL Building
Regions Hospital
Central Library
Griffin Building)
o� - `�,s�
f) District Energy and District Cooling will bring the eight fibers to a patch panel at a
demarcation point determined by the District Energy and District Cooling located at the
District Energy and District Cooling service entry point for each building and will provide
$15,000 upon commencement of initial construction towards the City's in-building
connections for projects determined by the City;
g) District Energy and District Cooling shail develop the network to be implemented
in phases, and as the network expands, the City's twelve separately bundled fibers shali
be brought with the other fibers through conduits in the City's right of way and to buildings
with a goal to develop a ring or multiple rings configuration in the future when acceptable
to District Energy and District Cooling;
h) District Energy and District Cooling shall test the fiber upon completion of
construction and maintain the fiber at no cost to the City, and they shall be responsible for
the maintenance of the fiber to performance within manufacturer's specifications at all
times for as long as District Energy and District Cooling are utilizing the fiber optic
network for a duration of at least twenty years as provided by the amendments to the
franchise agreements relating to this fiber network are adopted;
i) Provision of access to four fibers, separately bundled with fibers provided to the
City, to be activated by the City of Saint Paul, from existing District Energy and District
Cooling handholes and building service points, at no cost to District Energy and District
Cooling, for purposes of connecting traffic signals to the fiber network, which will result in
increased capacity to manage traffic flow, and assist in the event of failure of existing
systems at key locations;
j) No portion of the fiber optics provided to the City shall be leased, transferred or
otherwise assigned by the City to any third party for any purpose without the written
consent of District Energy and District Cooling;
k) District Energy and District Cooling apply for the necessary permits; and comply
with any and all local, state and federal regulations that may apply.
Please contact me at (651) 297-8955 if there are any questions.
Sincerely,
��
Anders J. Ryd er
President
cc: City Council Members, Matthew Smith, Lori Lee — Financial Services
William M. Mahlum, Esq., Michael Burns, Joyce Anderson, Andrew Kasid
oa -�ts�
Councilmembet Coleman
AryTqCT PERSON & PFiIXJE
UST BE IXJ COIRJCiL /
5/14/2003:coeseot
wu.meesort
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TOTAL # OF SIGNATURE PAGES
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No 1 Q4�18
❑ QIYAITOpEY ❑ GIYCIHYI
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❑ MYORI�AffLLiAM) ❑
(CLJP ALL LOCATIONS FOR SIGNATURE�
tlpproval of resduNon authoriung District Energy and Distrid Coolieg to use the public rightof-way for a fiber network, provided certain conditioes
aze �.
PL4NNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
Fias tluc 0�� e.erwwlaed urwler a conUact for tlris depehmenLT
YES NO
Has ttde pemonlfiim ever heen a cdy empbyeel .
vES MO
OcesMis P�� D� a sW� mt � 4y �Y curtent dh! emWoY��
YES �
IsNuspeBONfirmaterye[edvendoYt ,
YES NO
dITIATING PF20BLEM ISSUE. OPP�RTUNITY (WM. Whal, When, Where. Wlry) '
Distrid Emergy and District Cooling are in the process of designing an upgraded commimication system tha[ will involve the use of fiber in the public
rightof-way. This fiber will ha�e sufficiert capacityto provide service to the City; Ramsey County and the State of Minnes�a, if the City amends the
&anctiise agreemenu with District Energy and District Cooling to authorize this use.
� ' Ram.4ey Cowrty and the State of Minnesota could begin discassions with District Energy sLared'constridion and maintenance of this fiber network and
the City of SaintPaul would beneSt through the addition of a mdimdant fibez comm�mication nehvork among the key safety facilities, as is consistent
with emergencyPreparedness and homeland seciaityplans. � � '
��fi�NR�fi�i��68$RRH�4he impetus of amending the franclrise agreemeuts with Distric[ Energy and Dis[rict Cooling before the ageeme�s have
expixed. However, barh franchises have requested termination and renewal of their &ancluses W en6ance their l�g-term Snaacial situation.
The State, City and County would not gain the above-mentioned benefits.
AMOUNT OF TRANSACT�ON
5l72003 � GREEN SHEET
COSTIREVENUE BU06ETED (qRCLE ONE)
YES NO
_.n i � i iR"'�' i4`i�,'TrTy'-7
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
r���a
Referrea To
Resolution authorizing Distrid Energp and D'ubict Cooling to use the public
1 WHEREAS, on February 2, 2003 District Energy mformed the City of Saint Paul
2 coppe.r wire flow volume metermg syst� used by District Energy and its affiliate,
3 cable; and
Council F51e # 03 - �S �(
Green Sheet #�}( y S 1�
l�l
_ ttee Date
of ay for a fiber network
ans to replace the cun�t
t cooling, with fiber opric
4 WFIEREAS, these plans also mclude the upgrade of a portion of their commuu tion's systems to the new Ramsey
5 County Law Enfarcement Center, the new Sairn Paul Police Departmeirt H ers (the James S. Griffm Building),
6 the Centennial Office Suilding and other key sites — as has been requested the State of Mumesota and the County of
7 Ramsey; and
8 WHEREAS, the proposed new fiber apric metering system will
9 proposed for installarion; and
10 WHEREAS, the excess capacity of the District Energy &
11 low-cost fiber network for emergency government eomnm
12 Public Works to manage the City's dowrnown traffic sign
a portion of the capacity of the fiber lines
�ooling fiber ndwork could be used to provide a
as well as replace the copper wire lines used by
13 WHEREAS, District Energy's and District Cooling's pro ' ion of a fiber network wiuch could serve emergency
14 goveinment commimicarion is consistent both with Saint aul's emergency preparedness plans, and Homeland Security
I S requirements, as it will strengthen the connection of S� t Paul's first responders to Ramsey County and the State of
16 Minnesota by providing both additional capacity an some rectundant communication system; and
17 WFIEREAS, District Energy and District Coolin ave indicated they need to begin the process of receiving bids for the
18 installation of ttris fiber network by mid-May 2 3; and
19 VJHEREAS, neither District En�gy and ''ct Cooling currently have the authority under their franchise agreem�ts,
20 Appendices F and K of the Legisiative C , to undertake the provision of a fiber optic network to "third parties" such
21 as the State of Minnesota and the Co of Ramsey; now therefore be it
22 RESOLVED, that the Saint Paul Ci Council hereby affirms its int�tion to make apprapriate amendments to the
23 IJishict (Energy) Aeating and Dis ct Cooling Francluse Agreements, Appendix F and K of the Saint Paul Legislative
24 Code, and directs City officials ged in franchise negotiations with District Energy and District Cooling to develop
25 these modifications; and be it
26 FURTHER RESOLVED, t the Saint Paul City Council hereby authorizes District Energy and Dish Cooling to
27 mcorporate a fiber netw wto its operations, as they have indicated by ldter received by May 14, 2003, to Mayor
28 Kelly and the Saint P City Cotmcil they will meet the following conditions:
29 a)
30
31
City and
by
D' trict (Energy) Heating and District Cooling Franchise Agreements aze amended to provide legal
o install the added fiber lines for the benefit of the State, County and City, wluch is anticipated to be
8, 2003.
32 b) no se ar other agreements for use of the fiber lines are executed between District Energy and District
33 lmg and the State of Minnesota or Ramsey County, until the District (Energy) Heating and District Cooling
34 ranchises are amended;
35 c) the only users of ttus fiber network may be the State of Minnesota, the County of Ramsey and the City of Saint
36 Paul, unless specific amendments are made to the franchise agreements allowing for other govermnent users
37 that shall be part of the security nerivork;
os -�159
1 d) annual maintenance-related billing by District Energy to the State of Minnesota and the County of Ramsey be
2 included in its calculations of gross earnings for purposes of detennining the annual franchise fee;
3 e) the following buildings be interconnected, at no cost to the City, into this fiber network for purposes of
4 providing a redundant emergency communications network; thus strengthening the State's, County's and City's
5 ability to communicate in crisis situations, as is consistent with our emergency preparedness and homeland
6 security plans and policies;
7 i)
8 ii)
9 Hi)
10 iv)
11 v)
12 vi)
13 vii)
ia fl
15
16
17
18 g)
19
20
21 h)
22
23
24 _ i)
25
26
Saint Paul Police Deparhnent Headquarters (the James S. Griffin Building)
City Hall Court House
City Hall Annex
Centennial Office Building
Town Square/NCL Building
Ramsey County Law Enforcement Center
Region's Hospital
the interconnection to these buildings would utilize six single-mode dark fibers brou to a patch panel at a
demaxcation point determined by the City for each of the buildings, and the City's r undant emergency
communications network should be consiructed in a ring, star, or star-wired ring d the central location for the
star or star-wired ring topology, if used, should be the James S. Griffin Build' ,
District Energy and District Cooling shall test the fiba upon completion o onstruction and maintain the fiber
at no cost to the Ciry, and they shall be responsible for the maintenance the fiber to performance within
manufacturer's specifications at all times;
provision of four mulri-mode fibers, at no cost to the City, for tra c signals to be fully connected and
integrated into the fiber network, which will result in increased c pacity to manage traffic flow, and assist in the
event of failure of elcisting systems at key locations; and
DistricfEnergy and District Cooling apply for the necess permits; comply with any and all local, state and
federal regulations that may apply; and pay the necessa fees at the new construction rate for service to third
party users to undertake the proposed project in the C' 's right-of-way;and be it
27 FURTHER RESOLVED, that should District Energy and istrict Cooling be unable to conclude agreements with
28 Ramsey County and the State of Minnesota regarding th shared conshuction and use of the fiber, District Energy and
29 District Cooling shall inform the City and the provisi of this resolution shall be nullified; and be it
30 FINALLY RESOLVED, that City officials aze her y directed to enter into and execute a contract with District Energy
31 and District Cooling to implement the provisions ' tified in t1�is Council resolution.
Requested by Department of:
Benanav
Blakey
sosuam
Coleman
Harris
Lantry
Reiter
_ � / /
'�I �/�i/ /
Form Approved by City Attorney
�
Adopted by Council� Date
Adoption Certifi�d by Council Secretary
i
By:
Approved by Mayor: Date
Approved by Mayor for Submission to Councii
�
�