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91-2149 �� ' Council File � �- /� � . � '" �( ! � _ Ordinance #` ��d Green Sheet ,� /��a ORDINANCE CITY OF SAINT PAUL, MINNESOTA ._...-� � , .._______ � , . �, .,. Presented By , .-� ° �;' ��Referred To ('"�,• C� �� c t..%<�_;��(`�� v�,�� Committee: Date /( � f! - �.6 'II Amendment of the legislative ordinance granting to District Heating Development Company a non-exclusive franchise to use public streets and property to construct and operate a district heating system. Ordinance No. 16947, Council File No. 278880, as amended, by extending the authority to offer incentive rates to new customers to September 30, 1995. The Council of the City of Saint Paul Does Ordain: SECTION 1 Amend Section 6 (a) (1) to read: " (1) The Incentive Rate Program dated June 19, 1987, as further amended by a filinq made on September 6. 1991, on file with the City Clerk shall be implemented throuah September 30, 1995, and incentive rates charged to DHDC Customers will not be in violation of or be deemed inconsistent with the terms and provisions of this Section or any other Section of this Franchise;" SECTION 2 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Yeas Navs Absent Requested by Department of: . _.,_- z �- on � acca ee .r.— e man .--- un e - i son --- BY� '� -. �A'7 �,) .Z Form Approved by City Attorney Adopted by Council: Date ( - ) - Adoption Cer ' ied by Counci� Se retary 4� —�C� � � � J:�;� ` By: f ; ,,: ;� ;� By° Approved by Mayor for Submission to �y`^�r Council Approved by Ma or: Dat �A� 9 `�'' � '� . - f /� , i i� ��<�1 �� '��.-.J,- f 817: By: / ��`.� ��,.. . ,� : : q,�,�y� � � DERARTMENT/OFFICE/COUNCIL DATE INITIATED N� 15 812 Finance/Accountin 11-15-91 GREEN SHEET CONTACT PERSON&PHONE INITIAUDATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNCiI Jim Sn der 298-4118 ASSIGN Q CITYATTORNEY �CITYCLERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER POR ❑BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR. ROUTING ORDER �MAYOR(OR ASSISTAN� � TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approval of proposed extension of the incentive rates for District Energy customers for four years. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLIOWING�UESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contr8ct for this department? _CIB COMMITfEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFF — YES NO _DISTRICT CouRT _ 3. Does this person/firm possess a skill not normall y possessed by any current city employee? SUPPORT8 WHICH COUNCIL OBJECTIVE7 YES NO Explain all yes answers on separate sheet and,attach to gresn sheet INITIATINO PROBLEM.ISSUE,OPPORTUNITY(Who,What,When,Where,Why): In 1987 the Council approved the District Energy incentive rate plan. District Energy was authorized to offer incentive rates through September 30, 1991. Approval of the attached ordinance will enable District Energy to offer incentive rates through September 30, 1995. ADVANTAGES IF APPROVED: DISADVANTAGES IF APPROVED: DISADVANTAOES IF NOT APPROVED: RECEIVED C�i�n�ii t��f��t�u t ��' NOV 19199�i NOV 18 1991 CITY CLERK TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNOING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) _j ' ,f Q �/ NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are correct routings for the tive most frequent types of documents: CONTRACTS(assumes suthorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept.Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (ell others,and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attomey 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Dfrector 4. Ciry Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the�of pages on which signatures are required and paperclip orfFag sech of these pagas. ACTION REQUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriate for the issue.Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecVrequest supports by listing the key word(s)(HOUSINCi, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONA�SERVICE CONTRACTS: This information will be used to determine the citys liabiliry for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. AOVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed (e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When? For how long? DISADVANTAOES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inabiliry to deliver service?Continued high traffic,noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? _ �,�'y�-��9 �-= Disfricf Energy ST. PAUL, �N�. 76 West Kellogg Boulevard St. Paul, MN 55102-1611 (612)297-8955 FAX(612) 221-0353 �, iX(�(��Q(�.� I- �7- � l January 20, 1992 Molly O'Rourke City Clerk City of Saint Paul 386 City Hall St. Paul, MN 55102 RE: Acceptance of C.F. No. 91-2149 Ordinance No. 17900 Dear Ms. O'Rourke: Pursuant to the terms of District Energy's franchise, Ordinance No. 16479, as amended, this letter will serve as District Energy's formal acceptance of an amendment to the franchise, Ordinance No. 17900, Council File No. 91-2149. District Energy agrees to abide by, keep and perform all the terms, limitations, conditions and provisions of the foregoing amendment to the franchise. Sin rely, �� L�� Hans O. N an President c: William M. Mah�um, Esq. � , . / . � , construction on the North side of Case �� '" a �7 � V � � Avenue from Johnson Parkway to Kennard Street. All to be known as the Hazelwood/Case Area Street Paving and Lighting Project. 6. 12/17/91 FINAL ORDER: Construction of the APPROVED 4-0 Hazelwood/Case Area Storm Sewer Separation Project, bounded on the north by the Railroad, on the south by Reaney, on the west by Johnson Parkway and Clarence, on the east by Kennard and Flandrau. 7. 12/17/91 FINAL ORDER: Installation of sanitary, APPROVED 4-0 storm and water service connections, if requested by property owner, for the Hazelwood/Case Area Storm Sewer and � " Street Paving and Lighting Project. 8. 12/17/91 RESOLUTION - 91-2145 - To consider APPROVED 3-0 increasing the Sewer Availability Charge (SAC) from $650.00 to �700.00 beginning January, 1992. 9. RESOLUTION - 91-2090 - Amending the 1991 APPROVED 3-0 Budget by transferring a28,000 from Contingency Reserve to the Financing & Spending Plans of PED for transportation planning services relating to neighborhood portion of City's Transportation Policy Plan. 10. � RESOLUTION - 91-2148 - Approving proposed APPROVED 3-0 District Energy rates for 1992. 11. ORDINANCE - 91-2149 - An ordinance amending APPROVED 3-0 � the legislative ordinance granting to District Heating Development Company a non-exclusive franchise to use public streets and property to construct and operate a district heating system. 12. RESOLUTION - 91-1414 - Establishing a APPROVED AS comprehensive bicycle transportation AMENDED 3-0 policy for the City of Saint Paul . /'i� �°� '� �n.��D.�s��eu.� -��.�u%�cr� � - /�-�� Q-r��-6� ��G- t�i�/ . . �� l �� , , ' �°'__°'• CTfY OF SAINT PAUL �+ . ° " OFFICE OF THE CITY ATTORNEY � uut��m � � I{I I lI I Ao • ,��• JANE A.MC PEAK, CITY ATTORNEY 800 Landmark Towers Saim Paul,Minneeota 55102 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 MAYOR December 12, 1991 Council President Bill Wilson Councilmember Janice Rettman , �j�� yy� Councilmember Dave Thune Councilmember Roger Goswitz Councilmember Robert Long - Councilmember Tom Dimond Councilmember Paula Maccabee c i�/� RE: District Energy - December 17 Council Agenda �'pps�� 3 Dear Members of the City Council: The December 17th agenda has scheduled a public hearing at the third reading of an ordinance which grants District Energy Saint Paul, Inc. a modification of their franchise, allowing a four year extension of their incentive rate program. It is necessary to have evidence on the record and some debate to support your conclusion on this matter, as it creates a distinction between customers. The franchise requires that rates not be unreasonably prejudicial or discriminatory. The incentive rate program does create a preference, allowing new customers a discounted rate for a period of time as an incentive for signing on with the utility. You must make a finding that this preference is not unreasonable or discriminatory, and base those findings on evidence contained in the record. This office is concerned that the meeting of the Public Works Committee on December 4 did not involve a debate of these issues, and that the record is not as complete as would be desirable with facts supporting the conclusion to approve the ordinance. These concerns can be remedied by allowing introduction of evidence at the public hearing before the Council, and by debate and deliberation on the record at that hearing. We are also concerned about the inference that could be found in Mr. Brynolfson's letter of December 6. It has been the consistent advice of this office that the Council has broad regulatory authority which allows inquiry into the operations of the utility. : , . �� i � �i� 9 We do not accept the limitations on the regulatory authority offered by Mr. Brynolfson. Sincerely, � a� Thomas J. Weyandt Assistant City Attorney cc: Richard Gehrman James Sndyer Rudy Brynolfson William Mahlum