Adopt Resolution #12-06-XXX to Enter into a Contract with the MN DNR for Community Forest Bonding Grant Monies for North Commons Landscaping

The DNR's Community Forest Bonding Grants cycle runs from 2012 through 2014.  The City's proposal fell under the category of "Plant a More Diverse and Resilient Community Forest". There is no required match for these grant monies; however, greater consideration was given to proposals that included partial or full matches with non-state cash and/or local in-kind considerations.  Ramsey's proposal identified the use of personnel (designing landscape plan and site prep), equipment and a volunteer labor force to install the trees as a match.

There are several key aspects related to accepting the grant funds: (1) Grant funds are not provided up front, grantees must initially expend monies, which are then reimbursed under the terms of the grant agreement and listed contract requirements; (2) Plantings must be installed on public land (including parks) and a Declaration of Bond-Financed Property must be executed; and (3) Several documents must be furnished by the City by the end of the project including an Updated Community Forest or Shade Tree Ordinance, an Annual Maintenance Plan for Public Trees, and a Community EAB Preparedness Plan (note the the Environmental Policy Board crafted a draft plan in 2010).

Accepting the grant monies requires executing a Declaration of Bond-Financed Property.  This essentially requires that the property remain as public land for its useful life (defined as thirty [30] years) as outlined in the required document as follows: "...is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property."  Staff has confirmed with the MN DNR that as long as the improvements (plantings) occur on the portion of the property that will remain as public, than the proposed seventeen (17) lot subdivision should not have any impact on our use of the grant monies.

As for the other required documents, the requirement of an updated Shade Tree Ordinance is to position municipalities such that they can address Emerald Ash Borer (EAB) once it is found here.  However, the City's existing Tree Preservation Ordinance addresses, in general, diseased and/or insect infested trees and states that they may be declared a public nuisance, which satisfies this requirement.   The Parks Division has a maintenance schedule for all their activities, including tree care.  That document can be easily modified to create an annual maintenance plan for public trees.  Finally, the EPB has established a draft EAB Community Preparedness Plan that, after a few updates, would be ready for City Council consideration. 

Motion to adopt Resolution #12-06-___ authorizing the Mayor to execute a grant agreement with the MN DNR and to execute the required Declaration of Bond-Financed Property, subject to review and approval as to legal form by the City Attorney.