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3/26-3/30/2001 Meetings for the week of March 26th-March 30th http://www.stpaul.gov/depts/clerk/meetings.html The City of Saint Paul Meetings for the Week of AotliAl ........................... March 26th, thru March 30th, 2001 MONDAY - March 26th *Ramsey County Board 9:00 AM Council Chambers Board of Zoning Appeals 3:00 PM Room 330 City Hall TUESDAY - March 27th No Meetings Scheduled WEDNESDAY - March 28th City Council Organizational 10:00 AM Room 330 City Hall Meeting *Housing and Redevelopment 2:00 PM Council Chambers Authority *City Council---see Agenda 3:30 PM Council Chambers *Public Hearings 5:30 PM Council Chambers THURSDAY - March 29th No Meetings Scheduled FRIDAY - March 30th No Meetings Scheduled *Cablecast live and repeated on Saint Paul Channel 18. Interpreter service for the hearing impaired will be provided at public meetings upon request. Request can be made by calling(651)266-8509(Voice and TDD)Monday thru Friday, 8:00 A.M. to 4:30 P.M.A minimum of two days notice is required. For more information on any of these meetings,you can send Email to: citizen.service(a,ci.stpaul.mn.us, or call the Saint Paul Citizen Service Office at(651)266-8989 If you'd like a reply, we'll get to you as soon as possible, but in most cases, please allow at least one working day for a response. 1 of 1 3/23/2001 1:40 PM MAR-23-2001 10: 16 RAMSEY COUNTY MANAGER 651 266 6039 P.02/02 MEETING NOTICE BOARD OF RAMSEY COUNTY COMMISSIONERS 15 W. KELLOGG BLVD., ST. PAUL, MN 55102 651 266-8350 Monday, March 26, 2001 Tuesday,March 27,2001 9:00 a.m. - Policy Board Meeting Council Chambers, Third Floor Court House Immediately following Policy Board Meeting - Administrative Board Meeting Council Chambers, Third Floor Court House - Regional Railroad Authority Council Chambers, Third Floor Court House - Executive Session RE: Ramsey County v. BFI (potential litigation) **CLOSED TO PUBLIC** Room 220 Court House, Large Conference Room - Executive Session RE: Labor Negotiations **CLOSED TO PUBLIC** Room 220 Court House, Large Conference Room 1:30 p.m. - Board Workshop—Energy Deregulation Room 220 Court House, Large Conference Room Wednesday, March 28,2001 8:00 a.m. - AMC Legislative Conference Radisson Hotel, 11 E. Kellogg Boulevard 9:00 a.m. - Metropolitan Mosquito Control District, Executive Committee 2099 University Avenue 10:30 a.m. - Solid Waste Management Coordinating Board 2099 University Avenue Thursday,March 29,2001 8:00 a.m. - AMC Legislative Conference Radisson Hotel, 11 East Kellogg Boulevard Friday, March 30, 2001 ADVANCE NOTICE April 3, 2001 —9:00 a.m. -Policy Board Meeting, Council Chambers TOTAL P.02 .4t, RE-(°E. NEE PUBLIC HOUSING AGENCY BAR 27 2001 SAINT PAUL 'l,f `,• CLERK NOTICE BUSINESS MEETING BOARD OF COMMISSIONERS PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL WEDNESDAY, MARCH 28, 2001 9:00 A.M. TO 11:00 A.M. AGENCY BOARD ROOM 480 CEDAR STREET: SUITE 600 ST. PAUL, MINNESOTA 480 Cedar Street•Suite 600 • Saint Paul,Minnesota 55101-2240 651-298-5664 • Fax 651-298-5666 SAINT PAUL CITY COUNCIL ORGANIZATIONAL MEETING WEDNESDAY,MARCH 28,2001 10:00 A.M. 330 City Hall COMMITTEE HEARING ROOM AGENDA 1. Police Department response to "racial profiling" concerns. 2. Council role in review and approval of proposed CityNet lease agreement. (See attachment) 3. April policy session topic 4. Follow-up on budget issues(Peter Hames) 5. Display of legislative delegation images on Channel 18. V manner would effectively transfer powers traditionally exercised by the City Council to the Administration. The City Council should insist on playing an active role in the development of agreements of this type and insist the public be allowed to express themselves before its approval. Terms An overall reading of the proposed agreement leaves two general impressions. The first impression is the Public Works Department has included terms in the agreement to ensure that CityNet will not interfere with its ability to manage and operate the sewer system in Saint Paul. The second impression is the remainder of the agreement is unbalanced to favor of CityNet. The proposed agreement contains terms that grant CityNet unprecedented generous benefits while accepting far less for the City than has been the case in similar situations in the past. Some examples of the extraordinary benefits to be granted to CityNet are outlined below. Duration of the Agreement. The proposed agreement provides for an initial three-year term renewable,upon the same terms, covenants and conditions,at CityNet's option,of seven(7) additional three(3)year renewal terms. This means that CityNet may elect to operate its business in Saint Paul for 24 years under the terms in this proposed agreement. Such a duration is unprecedented in Saint Paul and greatly exceeds the duration of any similar agreement. The cable television franchise, for example,had an original term of fifteen(15)years. The most recent cable television franchise has a term of ten(10)years with a five(5)year extension-at the City's option. The City Charter limits the duration of franchises to twenty(20)years unless approved by a majority of electors voting thereon. While this Charter provision may not be directly applicable in this situation, it reflects the extraordinary nature of a proposal to have an agreement run for 24 years. This means, if at any renewal point during this 24-year period, CityNet deems the terms of this agreement no longer to be in their interest,they may elect not to renew. If,however,the City finds the terms of this agreement no longer to be in the City's best interest, it is bound for the entire 24 years if CityNet elects to exercise its renewal options. Rental Fees. The proposed agreement provides that CityNet pay the City rental fees in the amount of 2.5%of its gross revenues. This is far less than the at least 5%of gross earnings proposed in the City Charter for franchises. This is the rate currently paid by the cable television franchise. It has been suggested that the City should accept this low rental fee because CityNet may elect to install their system in the public right-of-way without paying any rental or franchise fee. While this may be true,this is clearly not CityNet's business model and they are electing to try to use city sewers because they can install their system far more quickly and inexpensively than if they had to absorb the full cost of right-of-way construction. The proposal that the City should accept lower fees because CityNet could do something that is far more costly to them and not part of their business plan, seems naive. Bonds. It is a common practice for the City to require parties that propose to conduct business using public rights-of-ways to provide bonds to secure their obligation to defend and indemnify the City against claims arising from usage of CityNet facilities. Such bonds are customarily 2 considered a cost-of-doing-business to be borne by the facilities operator. Also,construction performance bonds are commonly paid by the facilities operator. This proposed agreement provides for such bonds but the cost of these bonds are to be borne by the City not CityNet. For the proposed$150,000 bond to secure the City against claims CityNet is violating the provision of the cable television franchise,this bond is to be reduced and retired on a dollar-to-dollar basis by the delivery of rental fees to the City. This appears to mean that this bond will vanish upon CityNet's payment of$150,000 in rental fees and from that point forward the City will be required to pay for its own defense for activities related to CityNet. It is also common practice for contractors to be required to provide bonds to assure performance under the terms of an agreement. Such bonds are also considered a cost-of-doing-business to be paid by the builder. In this proposed agreement,the financial burden for this bond is again shifted to the City. CityNet proposes to pay the City$50,000 with which the City may purchase a surety bond to protect against CityNet's failure to perform. This advance is,however, to be fully recovered by CityNet by receiving full credit for this advance against rental fees. Again,the ultimate cost of the surety bond falls to the City,not CityNet. Protection of Cable Television Franchisees. Joe Van Eaton of Miller&Van Eaton,a City cable law consultant,has repeatedly raised concerns this proposed agreement may undermine the City's current cable television franchise. While an attempt has been made to address this risk by adding certain provisions to the proposed agreement,Mr. Van Eaton is still of the view the City remains at risk. He has proposed solutions to this problem but they have been rejected by CityNet. This proposed agreement does not,therefore,adequately protect the City in this regard. Besides these major concerns, several other lesser concerns remain. These concerns should, however, be resolveable through further negotiations and improved drafting of the document. Recommendations. Based on a careful review of both the specific terms for the proposed agreement and the process through which it was developed, Council Research makes the following recommendations to the City Council: 1. The City Council should reassert its authority to be actively involved in the development and approval of any agreements where private parties are proposing to use City property for private purposes. 2. The City Council should conduct a public hearing on the CityNet proposal to receive information from all interested parties including prospective customers,competitors and the public. 3. The City Council should advise CityNet the City will not enter into any agreement for the use of the public right-of-way that exceeds 10 years in total duration. 3 3. The City Council should require CityNet pay rental fees of at least 5%of gross earnings derived from the use of City rights-of-way. 4. The City Council should require CityNet to provide appropriate bonds at their expense and such bonds shall remain in effect for the duration of the agreement. 5. The City Council should direct City staff that any agreement with CityNet must provide protections for the City's cable television franchise as proposed by Miller&Van Eaton. 6. The City Council should direct City staff to redraft the agreement to address less serious concerns to be identified by Council Research. 7. The City Council should commit to an open,public process for reviewing and evaluating any CityNet agreement. This should include timely public notification and a public hearing. 8. The City Council should establish a process,by ordinance,for the development,review and approval of any such similar agreement in the future. cc: Susan Kimberly,Mayor's Office Clayton Robinson,City Attorney Sean Kershaw,PED Tom Eggum,Public Works Roger Puchreiter,Public Works Peter Hames, OFS Legislative Aides 4