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Home My WebLink About2011-06-23 BEDC Packet AGENDA CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION Thursday, June 23, 2011 5:15 P.M. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. April 28, 2011 5. New Business: a. New Member Introduction b. Sl. John's Hospital Trillion BTU Program c. Maplewood Living Streets Task Force d. Business Baseline Survey Results 6. Unfinished Business: 7. Visitor Presentations: 8. Commission Presentations: a. Commissioner report at the planning commission meeting of May 17, 2011. Commissioner Wessel was scheduled to attend. The item scheduled for review by the business and economic development commission at this meeting was the Maplewood Capital Improvement Plan Public Hearing. 9. Staff Presentations: a. BEDC Meeting Time b. Election of Vice Chairperson c. Resolution of Appreciation for Shelly Strauss d. 3M wins Freedom Award from US military 10. Adjourn MINUTES CITY OF MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION 5:15 p.m., Thursdav, April 28, 2011 Council Chambers, Maplewood City Hall 1830 County Road BEast 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 5:16 p.m. by Chairperson Jenkins. 2. ROLL CALL Commissioners David Hesley, Commissioner Mark Jenkins, Chairperson Christine Novak, Commissioner Shelly Strauss, Commissioner Beth Ulrich, Commissioner Warren Wessel, Commissioner Present Present 'Commissioner Shelly Strauss resigned prior due to family commitments. Staff Michael Martin, Planner 3. APPROVAL OF AGENDA Commissioner Hesley moved to approve the aQenda as submitted. Seconded by Commissioner Novak. Ayes - All The motion passed. 4. APPROVAL OF MINUTES Staff recommended tabling the March 24, 2011, BEDC minutes. Commissioner Hesley moved to table the approval of the minutes for March 24. 2011. Seconded by Commissioner Wessel. Ayes - Chairperson Jenkins, Commissioner's Hesley, & Wessel Abstention - Commissioner Novak The motion to table passed. April 28, 2011 Business and Economic Development Commission Meeting Minutes 1 5. NEW BUSINESS a. Capital Improvement Plan 1. Assistant City Manager, Public Works Director, Chuck Ahl gave the presentation on the Capital Improvement Plan and answered questions of the commission. 2. Planner, Michael Martin answered questions of the commission. Commissioner Hesley moved to approve the Capital Improvement Plan. Seconded by Commissioner Novak. Ayes - Chairperson Jenkins, Commissioner's Hesley, & Novak Nav - Commissioner Wessel The motion passed. b. Tanner's Lake Update 1.. Planner, Michael Martin gave the Tanner's Lake Update. 6. UNFINISHED BUSINESS a. Business Retention Tour (No Report) 1. Planner, Michael Martin gave the 7. VISITOR PRESENTATIONS a. Diana Longrie, 1771 Burr Street, Maplewood. Longrie spoke about the National League of Cities meeting in Washington, D.C. This year a great portion of the meeting was about municipal governments and what they can do in these economic times to help spur economic development. Ms. Longrie encouraged commissioners to watch the meeting that was held. You can go to www.tvworldwide.com/events/nlc/1103121 to view the meeting. 8. COMMISSION PRESENTATIONS a. Commissioner report at the city council meeting of April 25, 2011. Commissioner Hesley was scheduled to attend. The item scheduled for review by the business and economic development commission at this meeting was the Maplewood Mall Public Improvements Tax Increment Financing Public Hearing. b. Commissioner Wessel will represent the BEDC at the May 17, 2011, Planning Commission meeting at 7:00 p.m. 9. STAFF PRESENTATIONS The next BEDC meeting is scheduled for Thursday, May 26, 2011, at 5:15 p.m. 10. ADJOURNMENT Chairperson Jenkins adjourned the meeting at 7:42 p.m. April 28, 2011 Business and Economic Development Commission Meeting Minutes 2 MEMORANDUM TO: FROM: SUBJECT: DATE: Business and Economic Development Commission Members Michael Martin, AICP, Planner New Member Introductions June 15, 2011 INTRODUCTION The city council recently appointed two new members to serve on the business and economic development commission (BEDC). Karen Anderson and Jennifer Lewis will begin their service on the commission at the BEDC meeting on June 23, 2011. DISCUSSION The city council appointed the original seven members to the BEDC on January 25, 2010. Four of the members serve as citizen representatives and at least three members serve as business representatives. Shelly Strauss resigned from the BEDC because of family commitments that made continuing to serve difficult. Another seat on the BEDC had been left open by the council in order to continue its search for candidates. Staff has attached a new member orientation memo to this report. It is similar to the memo existing members already received. Also attached is the ordinance establishing the BEDC and the BE DC's Rules of Procedure. The two new members were emailed a copy of the commission handbook. RECOMMENDATION At the June 23, 2011 BEDC meeting, commissioners will be provided an opportunity to introduce themselves to the new members. The new members will have the opportunity to introduce themselves and talk about why serving on the BEDC was important to them. Attachments: 1. New Member Orientation Memo 2. BEDC Ordinance 3. BEDC Rules of Procedure Attachment 1 New Member Orientation INTRODUCTION This orientation outlines the objectives, review process, responsibilities, and scope of authority of the business and economic development (BEDC) commission. It is intended to assist new commissioners of the BEDC. ORIENTATION Origination of the Business and Economic Development Commission On July 27, 2009, the city council adopted an ordinance that established the business and economic development commission. This ordinance is attached to this report for your review (Attached) . BEDC Purpose/Objective The BEDC was formed to establish economic development priorities and to advise the Maplewood Economic Development Authority regarding economic and industrial development and redevelopment within the city of Maplewood. The BEDC shall confer with other city departments, the Maplewood Economic Development Authority, the local Chamber of Commerce, and other public and private groups on matters relating to business and industrial development and periodically survey the area's industrial and commercial climate. Agenda Packets City staff will prepare a BEDC agenda packet the week before the scheduled meeting. The packets contain an agenda, minutes from previous meetings, and staff reports for each agenda item. City staff mails or delivers the packets to the BEDC commissioner's homes so they receive them by the Friday before the meeting. Tvvek Envelopes In an effort to reduce waste we ask that you return the Tyvek envelopes that the packets were delivered in so that we may re-use the envelopes. BEDC Commissioner Responsibility Each commissioner should review the staff reports and visit the properties, if applicable, to form an opinion of the project and become familiar with the proposal or item before the meeting. 1 Attachment 1 Meetings Meeting Dates: The fourth Thursday of each month. Starting Time: 5:15 p.m. Meeting Location: City Council chambers at Maplewood City Hall, 1830 E. County Road B Quorum: A simple majority of the current membership of the commissioners shall constitute a quorum. Cancellations/ Rescheduling: Staff will inform the BEDC of meeting cancellations or rescheduling. Meetings are canceled when we cannot get a quorum or if there are no new proposals or items to review. Officers: A chairperson and vice chairperson shall be elected at the first BEDC meeting of December and will serve until their successors have been elected. City Council Meetings: The chair will represent the BEDC at each city council meeting where a BEDC item is on the agenda, to present the commission's recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. Commission Handbook The city council adopted a Commission Handbook in 2009 which outlines the city council's policies on commission responsibilities, parliamentary procedures, commission appointments and reappointments, etc. Rules of Procedure The BEDC ordinance allows the commission to adopt its own rules of procedure to be reviewed and approved by the City Council. The rules cover specific items pertinent to this commission including the outline for agendas, temporary committees, and additional responsibilities of the chair and vice chair, etc. BEDC Annual Report The BEDC ordinance requires an annual report to update the city council yearly on the commission's achievements and goals. The annual report is drafted by staff at the beginning of the year and reviewed by the commission for approval by the city council. This takes place approximately February of each year. 2 Attachment 1 Community Development Department Following are telephone numbers and e-mails for the Community Development Department staff members you may need to contact: Michael Martin, AICP, Planner (651) 249-2303 michael. martin@lci.maplewood.mn.us Andrea Sindt, Administrative Assistant (651) 249-2301 andrea .sindt@ci.maplewood.mn.us Cablecast of BEDC Meetings The city of Maplewood cablecasts BEDC Commission meetings. The meetings are aired on the Government Television Network (Channel 16) live during the meetings and then re-run throughout the month. City Website The City of Maplewood has a website located at www.ci.maplewood.mn.us. The website is a good source of information for the public as well as BEDC commissioners. In addition to current city news and information, the website contains the city code of ordinances, information on upcoming BEDC meetings (including packets), and BEDC meeting minutes. SUMMARY The Community Development Department would like to welcome you as a new member of the business and economic development commission. We look forward to working with you on working toward the protection and enhancement of the city's economy and businesses. 3 Attachment 2 ORDINANCE NO. 892 AN ORDINANCE ESTABLISHING THE MAPLEWOOD BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION (BEDCI THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. Definitions. Subdivision 1. Common terms. As used in this Ordinance, the terms defined have the meanings given them. Subd 2. "Commission" - a Business and Economic Development Commission, or "BEDC" Subd. 3. "City" - the City of Maplewood, Minnesota. Subd. 4. "City Council" - the duly elected governing body of the City of Maplewood, Minnesota. Subd. 5. "Enabling Resolution" - this Ordinance. Subd. 6. "Small Business" - a business whose principal place of operation is in the City of Maplewood and employs thirty people or less and is not a wholly-owned subsidiary of a larger entity or a corporate-owned franchise location. SECTION 2. Establishment. A Business and Economic Development Commission is established which shall have all of the powers, duties and responsibilities of a commission pursuant to Minnesota Statues S 13.01, subd. 1 (c)(5) and formed pursuant to Minnesota Statute S 412.21, subd.1. SECTION 3. Purpose. It shall be the role and responsibility of the Commission to discuss and make recommendations to the Maplewood Economic Development Authority regarding economic and industrial development and redevelopment within the City of Maplewood pursuant to Bylaws as may be adopted by the Commission. It shall confer with other City departments, the Maplewood Economic Development Authority, the local Chamber of Commerce, the Maplewood Parks Commission, and other public and private groups on matters relating to business and industrial development and periodically survey the area's industrial and commercial climate and report regularly to the Maplewood Economic Development Authority, the Maplewood City Council, or both as directed. SECTION 4. Name. The Entity created by the Enabling Resolution shall be known as the Maplewood Business and Economic Development Commission, or BEDC. SECTION 5. Members. The Commission shall initially consist of seven (7) members, three (3) of which shall be representative of, "small business," if available to serve, in Maplewood. The Members shall be appointed by the Mayor and City Council, upon approval by majority vote of the same. Those initially appointed shall be appointed for staggered terms consisting of two members appointed to one (1) year terms; two members appointed to two (2) year terms; and three members appointed to three (3) year terms, respectively, with a "small business" representative appointed in each of the initial term timeframes. Thereafter, Members are appointed to three (3)-year terms. Members may be reimbursed for expenses pursuant to City reimbursement policies. SECTION 6. Administration. Subdivision 1. Bvlaws. The Commission shall adopt Bylaws and rules of procedure for administration of its affairs. Subd. 2. Chair. The Commission shall elect a Chair, and a Vice Chair on an annual Subd. 3. Meetinqs. The Commission shall meet quarterly and at such other times as necessary. Subd. 4. Rules. The Commission shall adopt such rules and guidelines as they deem appropriate, but shall operate in accordance with Maplewood's Commission Handbook as adopted and amended from time to time. No rules shall be adopted by the Commission that are in conflict with the City's Official Commission Handbook and in the event of any conflict or question, the Handbook shall prevail. SECTION 7. Modification. All modifications to the Enabling Resolution must be by Ordinance and must be adopted by the City Council by majority vote. SECTION 8. Report to Council. The Commission shall submit a written report of its activities and/or recommendations for modification of the Enabling Resolution to the Council at least annually. SECTION 9. Staff Liaison. The City's Manager, or designee, shall serve as a staff liaison, attend all meetings of the Commission, shall serve as a consultant and advisor to the Commission and shall make quarterly reports to the Council. SECTION 10. Conflicts of Interest. Except as authorized by Minnesota Statute 471.88, a Member of the Commission may not have a substantial conflict of interest in projects undertaken by the Commission. SECTION 11. Intent to Complv. Except as otherwise authorized by Minnesota Statute, it is the intent of the City Council of Maplewood to create the Business and Economic Development Commission as a "standing" body of the City that shall be subject to the rules, regulations, restrictions and requirements as defined in both the Open Meeting Law, S 13D. 01 et seq. and the Minnesota Government Data Practices Act, S 13, et seq. SECTION 12. This Ordinance shall take effect and be in force upon passage and publication. Adopted by the City Council this 27th day of July, 2009. Diana Longrie - MAYOR CITY OF Maplewood ATTEST: James Antonen CITY MANAGER An Official Title & Summary of Ordinance published in the Lillie News on or after the 28th day of July, 2009. Attachment 3 BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION RULES OF PROCEDURE Adopted by Business and Economic Development Commission on April 5, 2010 We, the members of the Business and Economic Development Commission of the City of Maplewood, Minnesota, created pursuant to the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the business and economic development commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 County Road B East, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the first Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in the city ordinance the planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. Attachment 3 D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. New Business f. Unfinished Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice-chairperson shall be elected at the regular meeting of the BEDC in December. New terms begin in January following the election. Once elected, chairs and vice-chairs shall serve until a successor is elected. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission's recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an Attachment 3 election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The business and economic development commission positions shall be vacated or recommended to the city council for vacation according to the current business and economic development ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a supermajority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures by Rosenberg's Ru/es of Order, Simple Parliamentary Procedures for the 21st Century. MEMORANDUM TO: FROM: James Antonen, City Manager Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager St. John's Hospital - Trillion BTU Project June 13, 2011 SUBJECT: DATE: INTRODUCTION HealthEast is moving forward with an energy efficiency project at St. John's Hospital utilizing a loan program that has been established by the St. Paul Port Authority. The St. Paul Port Authority's Trillion BTU Program aims to save one trillion BTUs of energy by providing loans to large businesses for energy efficiency improvements to their facilities. The St. Paul Port Authority is also working to maximize the impact of this program by partnering with other local economic development authorities (EDA) who would also issue loans to local businesses. BACKGROUND The Minnesota Department of Commerce's Office of Energy Security (OES) awarded $5 million in seed money to the St. Paul Port Authority to create a revolving loan fund for energy efficiency improvements in commercial and industrial buildings. The $5 million grant from OES, coupled with other sources of funding, helps fund the St. Paul Port Authority's Trillion BTU Program. Once fully implemented, the revolving loan fund is projected to generate the equivalent of 300,000 MMBTU in electric and natural gas energy savings annually. The St. Paul Port Authority forecasts that the annual cost savings resulting from the fully-funded revolving loan fund could approach $3 million. DISCUSSION The project at St. John's Hospital will upgrade and improve the energy efficiency of the facility's lighting and chiller systems. The cost of these improvements will be $875,000. Xcel Energy will be providing a rebate of $75,000 for these efficiencies, making the final loan amount $800,000. As discussed earlier, the St. Paul Port Authority is partnering with local EDAs in order to ensure its project has the most impact. This proposal would call for the Maplewood EDA to loan St. John's Hospital $400,000 for its improvements. The $400,000 would be borrowed from the city's general fund to the Maplewood EDA who would then issue the loan. The city currently has funds that are invested with revolving maturities, which the $400,000 would be diverted from to be used for this investment. The city would lend the $400,000 to St. John's and be repaid over a five-year period at a four percent interest rate. Any interest earned from the loan would be split between the city's general fund and the Maplewood EDA. The city's finance department estimates the city would earn just more than $40,000 of interest over five years. These dollars would begin to help the EDA in its broader efforts. It needs to be noted that this is an unsecure loan, meaning if HealthEast defaulted the city would not be able to recoup any funds. SUMMARY Alan Kantrud, the city's attorney, has reviewed this proposal and associated legal documents and is comfortable with the city's participation. Attached to this report is the draft participation agreement between the city and the St. Paul Port Authority. Also attached is an informational flyer produced by the St. Paul Port Authority on its Trillion BTU Project. Staff believes this proposal is a great opportunity for the city to show its support of a significant energy efficiency program and a key local business in Maplewood. RECOMMENDATION Approve a loan of up to $400,000 from the city of Maplewood, in partnership with the St. Paul Port Authority, to HealthEast's St. John's Hospital for energy efficiency improvements. Attachments 1. Trillion BTU Program Participation Agreement 2. Trillion BTU Program Promotional Materials Attachment 1 TRILLION BTU PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT is entered into this 1" day of July, 2011 by and between the Port Authority of the Participant of Saint Paul (the "Port Authority") and City of Maplewood (the "Participant"). WHEREAS, the Trillion BTU Program (the "Trillion BTU Program") has been established by the Port Authority to make revolving loans to industrial and commercial businesses for energy conservation and retrofit purposes; and WHEREAS, the objective of the Trillion BTU Program is that loan monies advanced from the Trillion BTU Program be matched by an equal amount from a local lender; and WHEREAS, the Participant has established a loan fund for the purpose of making loans to Maplewood businesses, and wishes to make funds available from that program for the purposes described herein. NOW THEREFORE, in consideration of the above premises, and for other good and valuable consideration, the parties hereto agree as follows: Section 1. Description of the Loan. 1.1. The Port Authority has agreed to make a loan to St. John's Hospital (the "Borrower") in the amount of $875,000.00 (the "Loan") for the purposes of paying eligible costs of the project described on Exhibit A hereto (the "Project"). 1.2. For this Loan, $475,000.00 will be contributed by the Port Authority from the funds available in the Trillion BTU Program and $400,000.00 will be contributed by the Participant. Amounts to be contributed by the Participant will be deposited with the Port Authority on the Closing Date, as described in Section 3 hereof. 1.3. Interest on the Loan will be computed and charged to the Borrower at the annual rate of four percent (4%). 1.4. The term of the Loan shall not exceed ten (10) years. The Port Authority shall have sole discretion to determine the appropriate loan terms. 1.5. In making the Loan, and in determining the appropriate loan tenms, the Port Authority will take into account the carbon credits or other environmental benefits accruing to the Port Authority as a result of the Project. The Participant's interest in the Loan, as described herein, will not include any direct benefit from those carbon credits or envirornnental matters, but rather is limited to a share of the principal and interest payments made by the Borrower. Section 2. Loan Documentation. 2.1. The Borrower shall be required to execute a loan agreement in substantially the form attached hereto as Exhibit B, together with such other collateral documentation as is reasonably required by the Port Authority, in its sole discretion. The Participant's interest in the promissory note(s) and any such other collateral documentation is subordinate to that of the Port Authority. 2.2. The schedule for loan payments to be made by the Borrower shall be determined by the Port Authority as provided in Section lA, above, and said payments shall be made to the Port Authority on a monthly basis in accordance with the loan agreement. 2.3. The books, records, documents and accounting procedures and practices of the Port Authority relevant to this Agreement shall be subject to examination by the Participant or its designees, at reasonable times and upon reasonable notice. In addition, so long as this Agreement is in force and effect, the Port Authority shall, upon the written request of the Participant, but no more than annually, furnish the Participant with a written report summarizing the monthly payments or other payments with respect to the Loan received by the Port Authority, the amounts paid as interest on the Loan, the payments and prepayments of the principal amount of the Loan, any foreclosure actions or enforcement proceedings with respect to any security for the repayment of the Loan and any amounts derived therefrom, together with an accounting of the applications of such amounts. Section 3. Loan Closing. 3.1. [describe expected date and place of closing (the "Closing Date").] 3.2. The Participant's contribution to the Loan shall be deposited with the Port Authority, by the Participant, on or before the Closing Date. Section 4. Loan Repavment and Participation. 4.1. The Port Authority shall have a fifty percent (50 %) interest in the Loan and the Participant shall have a fifty percent (50%) interest in the Loan, provided that the Participant's interest in the Loan shall be subordinate to Port Authority's interest in the Loan as provided in Section 5, below. 4.2. Except as otherwise provided in Section 5.3, below, on the fifteenth day of each month, beginning Augnst 15, 2011, the Port Authority shall pay to the Participant that portion of the payments received from the Borrower on or before the 15th day of the prior month which represents the Participant's share of principal and interest paid on the Loan, as described in Section 4.1, above. 4.3. In receipt and disbursement of any sums covered by this Section, the Port Authority will exercise the same care as would be exercised in the handling ofloans for its own account. Section 5. Subordination. 5.1. The right of the Participant to any and all security for the repayment of the Loan shall be subordinate to the right of the Port Authority to receive any amounts due to it from any security for the repayment of the Loan, to the extent of the Port Authority's interest in the Loan. 5.2. The right of the Participant to receive any repayments from the monthly payments made by the Borrower shall be subordinate to the right of the Port Authority to receive all such monthly payments made by the Borrower. 5.3. So long as the Borrower shall not be in default of its obligation to repay the Loan, or of any of its obligations under any documents or instruments incidental thereto (any such default referred to herein as an "Event of Default"), the Port Authority, upon receipt of any monthly payment or any prepayment by the Borrower, shall remit to the Participant that portion of said monthly payment or prepayment which represents the Participant's pro rata share of the principal amount of the Loan, as described in Section 4.1, above. In no event shall the Port Authority withhold from the Participant any of the Participant's pro rata share of monthly payments or prepayments received by the Port Authority, except during the continuance of an Event of Default. After an Event of Default shall have occurred, and during the continuance of such Event of Default, then, upon receipt of any monthly payments from the Borrower, or upon receipt of any other payment from any source by or on behalf of the Borrower, the Port Authority shall apply the entire amount of such payment: first, to pay all costs and expenses incurred by the Port Authority in connection with the foreclosure or other enforcement of any note, mortgage or other document evidencing or securing the repayment of the Loan; second, to pay interest then due on the Port Authority's interest in the Loan; and third, to payor prepay of the outstanding principal amount of the Port Authority's interest in the Loan, until all interest due to the Port Authority and the entire principal amount of the Port Authority's interest in the Loan have been paid in full. Thereafter the Port Authority shall apply the remainder of the amounts remaining payor prepay the principal amount of and interest on the Participant's interest in the Loan. 5.4. The Participant shall promptly remit to the Port Authority any Loan repayment received directly from the Borrower. Section 6. Miscellaneous. 6.1. The Port Authority shall promptly advise the Participant, in writing, of any default by the Borrower in repaying any amounts due under the terms of the Loan or under any mortgage, agreement, instrument or document evidencing or securing repayment of the Loan. 6.2. Any mortgage, agreement, instrument or other document securing repayment of the Loan shall be foreclosed or enforced only upon the written consent of both the Participant and the Port Authority, such consent not to be unreasonably withheld. In the event that consent from the Participant has not been received within 90 days after notice of default, and information regarding the Port Authority's proposed actions, has been given to the Participant by the Port Authority, the Participant shall be deemed to have consented to the Port Authority's proposed actions. As provided in Section 5.3, in foreclosing any mortgage or enforcing any remedy under any other agreement, instrument or document evidencing or securing repayment of the Loan, the Port Authority shall be entitled to receive all amounts derived from such foreclosure or enforcement until the Port Authority has recovered all amounts due to it with respect to its interest in the Loan and its costs incurred in such foreclosure or enforcement. Thereafter, the Port Authority shall remit to the Participant all remaining amounts derived from such foreclosure or enforcement, up to the amounts needed to pay or prepay the principal amount of and interest on the Participant's interest in the Loan. 6.3. This Agreement incorporates the terms of all mortgages, agreements, instruments or documents securing the repayment of the Loan, if any, which are attached hereto as Exhibits, and are incorporated by reference herein. 6.4. This Agreement shall continue in full force and effect until all amounts payable under the Loan have been paid in full. 6.5. The Port Authority shall not execute a satisfaction of any mortgage, agreement, or document securing the repayment of the Loan without the prior written consent of the Participant. 6.6. The Port Authority is hereby granted, subject to paragraphs 6.1, 6.2, and 6.5, the power and authority to administer, manage and service the Loan; to waive the performance of obligations of the Borrower; to excuse the nonoccurrence of conditions; to exercise collection rights with respect to any collateral; to foreclose against any collateral or to accept a transfer in lieu of foreclosure; to collect and receive any and all payments, collections and proceeds of collateral made or delivered by or for the account of the Borrower and at its sole discretion to release such payments, collections and proceeds to the Borrower or apply the same to the payment of indebtedness; to enforce rights against third parties; to manage and control proceedings in the Borrower's bankruptcy; and otherwise to do and refrain from doing any and all acts and things which the Port Authority would be required or permitted to do or refrain from doing in connection with the Loan if it had retained its entire interest as lender in the Loan, but acting on behalf of the Participant and all other participants, if any. 6.7. Neither the Port Authority nor any of its directors, officers, employees or agents shall be liable for any action taken or omitted by the Port Authority or any of them except in the case of gross negligence or willful misconduct. 6.8. Neither the Port Authority nor the Participant (i) shall be liable or responsible for any representations or warranties made by, or for obligations binding upon or assumed by, the Borrower or anyone else; or (ii) makes any representation or warranty as to the genuineness, legality, validity, perfection, priority, enforceability or sufficiency of the Loan; or of any security interests, mortgage liens, guaranties, or other collateral rights and remedies securing the Loan; or of any of the documents evidencing the Loan or any other agreement made or instrument, document or writing issued thereunder, in connection therewith, or as a result thereof; or (iii) makes any representation or warranty as to the Borrower, as to any [mancial statements or collateral reports submitted by or for the Borrower, as to any risk of loss with respect to the Loan, or as to any matter whatsoever; or (iv) shall have any right or recourse against the other party hereto. 6.9. This Agreement may be executed in any number of counterparts. 6.10. The rights and obligations of the parties to this Agreement shall mure to their respective successors and assigns. 6.11. This Agreement is a continuing agreement and shall remain in full force and effect until payment in full of the Loan and all interest due thereon. Upon such payment in full, this Agreement shall automatically tenminate. 6.12. Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sent by telecopy, registered or certified mail (postage prepaid), nationally recoguized overnight courier (fee prepaid) or delivered during a business day to the address of the receiving party set forth on the siguature hereof. IN FURTHERANCE WHEREOF, the parties hereto have set their hands as of the day and year fIrst above written. PORT AUTHORITY OF THE CITY OF SAINT PAUL By Its President Port Authority of the City of Saint Paul 1900 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1661 Telecopy: 651-223-5198 CITY OF MAPLEWOOD By Its City of Maplewood 1830 E County Road B Maplewood, MN 55109 Telecopy: 651.249.2909 EXHIBIT A Description of Project A-l EXHIBIT B Draft Loan Agreement 55282.v1 B-1 :::,'" 'q" Q. \"'" "t- /J, s ,Oil,. -fe,. """ :I: o .1:l) ""- '" ' ~ Attachment 10 TRILLION a.> J:: I- 01 C () ::J \J a.> ... >, ..Q >, a.> c o E tIl a.> tIl tIl a.> c tIl ::J ..Q ro 4-' o tIl a.> c c L a.> > ro tIl S: ... ro a.> >, ro tIl ::J 4-' (]) C o ... 4-' a.> C o o 4-' 0.. ::J >, 4-' ..Q ~ C \.C o a.> 4-' J:: 0.. 4-' E '0 ::J a.> tIl c 6 0 () a.> >, ..Q ~ \J a.> c c ro a.> >, 01 ... a.> c a.> a.> tIl ::J o 4-' C o o o 4-' 4-' C a.> E 0.. o a.> > a.> \J () E o c o () a.> c ro tIl ro c o 4-' ro > ... a.> tIl c o () Vl ill ::J () ... ::J ill E E ..... 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E o Q) UJ '- (IJ Q) c' c 2: I' o 01 01 , om u~ >'''^' Olfii ""ill (IJ'-' C W '- Q) (IJ E U III Xc.. ol Q) '- (,9 ...... c (I) E c o .... .- ~ >f'. CCO wL? (i)~ .ci"l ......'" -O;:.:! Cill 10'-' , >'c Olo .... Vl (1)- C ill WZ ...."1: o ro _u ....' (I) ...... c (I) U ,0Rl" ~ ~ 'J;, S "1e,. ~ :. o ~ .... ",'" JJO FSC Recycled Suppnrting t"sp"n~iblf' us.. "ffotf',l7e,Oun", VII'JIIVI/:tSUlt!j Certnc.SW-COC-(I(13S99 <;',3%F"rf"tSl"W~td,h,,,C{)urtil 1'\ C';) Printed on 100 percent recycled using agrl-based pigments paper MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Michael Martin, AICP, Planner Living Streets Task Force June 14, 2011 INTRODUCTION Michael Thompson, Maplewood City Engineer, is working to establish a Living Streets Task Force to provide the city council with input in establishing a Living Streets Policy to guide future street development. Please refer to Mr. Thompson's attached report and documentation. Mr. Thompson's desire is that one member of the business and economic development commission would volunteer to serve on this committee for approximately a three month period. Mr. Thompson is proposing the following meeting dates: y Wed. July 27'h 2-5pm at Public Works y Wed. August 10'h 2-5pm at Public Works y Wed. Sept. 14'h 2-5pm at Public Works RECOMMENDATION Staff requests that an interested member of the business and economic development commission volunteer to serve as a member of the Living Streets Task Force. p:BEDCILiving Streets Task Force_062311 Attachments: 1. Memo from Michael Thompson on the Potential Living Streets Task Force 2. Living Streets Recommendations, dated February 23, 2011 Attachment 1 Potential Living Streets Taskforce Staff has presented Living Streets concepts to the Planning Commission, Environmental and Natural Resources Commission, and Community Design Review Board (summary of meetings attached). The discussion has focused on a few key areas: 1) Improve storm water quality through expansion of the rain garden program, reducing the impervious footprint of streets, and meeting or exceeding the 1" infiltration standard. 2) Implement traffic calming measures through the use of techniques best suited for site conditions. 3) Improve biking and walking conditions along natural connector routes and collector streets through designation of bike lanes, sidewalks, or multi-purpose trails. 4) Create boulevard tree standards that provide environmental benefits (storm water management, shade to reduce heating and cooling costs, filtering air pollutants, reduce urban heat island effect), enhance quality of life, and are practical and affordable. 5) Be cognizant of construction, replacement, and future maintenance costs The feedback thus far has been positive in moving forward with the creation of a Living Streets policy. To help refine the focus and generate buy-in a task force is proposed. It is the intent of the staff to propose a formation of Living Streets Task to the city council in Mayor June 2011. It is anticipated that the membership could be formed to include: y 1 member of the Environmental and Natural Resources Commission y 1 member of the Community Design Review Board y 1 member of the Planning Commission y 1 member of the City Council y 1 member of the business community (Business & Economic Development Commission?) y 1 staff person from Public Safety (Police or Fire) y 2 staff persons from Public Works (1 engineering and 1 maintenance) y 1 person from Community Development y 2 at large resident volunteers I appointees?? Again, at this time this is only proposed, however if the council does want to proceed with a task force staff would like to be prepared to move forward with selected volunteers from boards and commissions. It is anticipated the time commitment would be no more than 3-4 meetings over the next 5 month period. Thanks! ----Michael Thompson, P.E. City Engineer I Dep. Director of Public Works Attachment 2 AGENDA REPORT TO: Community Design Review Board Environmental and Natural Resources Commission Planning Commission FROM: Michael Thompson, City Engineer / Dep. Director of Public Works Steve Love, Assistant City Engineer Steve Kummer, Civil Engineer II Jon Jarosch, Civil Engineer I Troy Brink, Streets Crew Chief Ann Hutchinson, Naturalist Virginia Gaynor, Naturalist Mike Martin, City Planner SUBJECT: Complete/Living Streets Recommendations DATE: February 23,2011 INTRODUCTION The Complete Streets sustainability work group was charged with studying the concepts of complete streets/green streets and making recommendations to the commission and council. The group has prepared background information, an overview of current operations and policies for city streets for both new development and street reconstruction, and presents it recommendations herein. BACKGROUND The Complete Streets group met April 28, 2010, June 29, 2010, and September 30, 2010. At the June 29'h meeting Ramsey-Washington Metro Watershed District and Barr Engineering presented the Living Streets case study they are conducting with North Saint Paul. Over the entire period group members provided individual contributions and furthered their knowledge on the topic. A few members attended Complete Streets workshops in Ramsey and Hennepin Counties. Terminology surrounding this topic can be confusing. Complete Streets typically refers to street design that provides for multiple modes of transportation (auto, mass transit, pedestrian, bike). Green Streets typically refers to street design that reduces environmental impacts by reducing impervious surface, managing stormwater, and providing shade. Ramsey-Washington Metro Watershed District and North St. Paul are using the term Living Streets to combine these definitions. Complete Streets LeQislation The State of Minnesota passed Complete Streets legislation in 2010. The Commissioner of Transportation has committed Mn/DOT to implement a complete street vision for the trunk highway system. Cities are encouraged to adopt policies to meet their unique needs; however it is not a mandate. Attachment 2 According to Mn/DOT, "Complete Streets does not mean "all modes on all roads"; rather, the goal of Complete Streets should be to: 1) Develop a balanced transportation system that integrates all modes via planning inclusive of each mode of transportation (i.e., transit, freight, automobile, bicycle and pedestrian) 2) Include transportation users of all types, ages and abilities. Examples of Complete Streets goals and principles listed in the report to the legislature include: 1) Reduce crash rates and severity of crashes. 2) Improve mobility and accessibility of all individuals including those with disabilities in accordance with the legal requirements of the ADA. 3) Encourage mode shift to non-motorized transportation and transit. 4) Reduce air and water pollution and reduce noise impacts. 5) Increase transportation network connectivity. 6) Maximize the efficient use of existing facilities. 7) Strive for tax supported investments to provide maximum benefits to the community and all user groups. 8) Safely integrate intermodal connections across the transportation network. 9) Promote safe and convenient access and travel for all users (pedestrians, bicyclists, transit riders) and people of all abilities as well as freight and motor vehicle drivers. The City of Maplewood finds some of these examples useful however the City wants to go further in addressing the environment and active living instead of focusing solely on a transportation vision. Minnesota GreenStep City The Minnesota Pollution Control Agency (MPCA) has launched the Minnesota GreenStep City program. This is a assistance and program to cities achieve their of 28 best The actions related to complete streets/green streets include: 1) Adopt a complete streets policy that addresses street trees and stormwater, and modify street standards accordingly. 2) Adopt zoning language for a selected area/project that is substantially equivalent to the LEED for Neighborhood Development credits for Walkable Streets or Street Network. 3) Document the installation of trees, and green stormwater infrastructure, and utility renovations as needed (sewer, water, electric, telecommunications) as part of at least one complete street reconstruction project. 4) Identify and remedy non-complete street segments by, for example, adding a bike route/lane or sidewalk. 5) Identify and remedy street-trail gaps (at least one) between city streets and trails/bike trails to better facilitate walking and biking. 6) Implement traffic calming measures in at least one street redevelopment project. The discussion portion of this report will focus on: 1) Actions or practices that have the most impact on the environment or associated operations; 2) Assessing our operations to determine methods to become more sustainable and reduce impacts on the environment; Attachment 2 3) Determining if the modifications will be practical, economical, and meet community needs. DISCUSSION LivinQ Streets Landscape Architect Fred Rozumalski from Barr Engineering and RWMWD Administrator Cliff Aichinger gave the taskforce a very informative presentation on the Living Streets concepts they developed for North St. Paul. RWMWD Administrator has given staff permission to use information from their report and presentation and the following discussion uses materials from the North St. Paul project. Living Streets pulls together the concepts of complete streets, green streets, and puts additional focus on quality of life aspects for city residents. Figure 1 below shows the components of Living Streets. The model balances the "green" components (environment and social factors) and the "grey" components (transportation and utilities) of the system. Storm water capture and use Trees Pedestrians movement Pedestrian safety Bikes Community Aesthetic character Traffic Speed Sewers Gas Electric Telecom Storm water drainage INFRASTRUCTURE FIGURE 1 - RWMWD/BARR REPORT The taskforce thinks a Living Streets concept better fits our goals than a Complete Streets concept. Maplewood's goals are similar to those developed by RWMWD and Barr Engineering for North Saint Paul. We believe our Living Streets policy should: 1) Improve stormwater quality through expansion of the rain garden program, reducing the impervious footprint of streets, and meeting or exceeding the 1" infiltration standard. 2) Implement traffic calming measures through the use of techniques best suited for site conditions. 3) Improve biking and walking conditions along natural connector routes and collector streets through designation of bike lanes, sidewalks, or multi-purpose trails. 4) Create boulevard tree standards that provide environmental benefits (stormwater management, shade to reduce heating and cooling costs, filtering air pollutants, reduce urban heat island effect), enhance quality of life, and are practical and affordable. 5) Minimize construction, replacement, and future maintenance costs in a manner that is equal to or less than that of a standard street section. Attachment 2 Greatest Impact Items and AssessinQ Operations The following items are high impact items that should be further assessed in order to become more sustainable with the living streets concept: 1) Rain gardens - The city's rain garden program has represented Maplewood well in the eyes of communities throughout the U.S. in terms of sustainability and "going green." Our program includes installing rain gardens as part of street reconstruction projects, conducting educational programs to support residents that install rain gardens on their own, and promoting the use of rain gardens in new development. The early street reconstruction projects that included rain gardens had high resident participation and thus made a significant impact reducing stormwater volume. But the number of residents requesting rain gardens on street reconstruction projects has decreased over the years. In 2009-2010 staff made two changes on the Hills and Dale project to try to increase resident participation and redirect staff resources: 1) have contractor plant the home gardens, and 2) test a new "whole street" planting design. Participation in the home rain garden program has increased dramatically on this project. In coming years, rather than devoting so much staff time to supporting planting of the home gardens (placing plant orders, sorting orders, delivery, coordinating planting day, mulching), staff can now focus on education support for maintaining the gardens. We believe nothing promotes rain gardens better than attractive, well-maintained gardens from previous projects. Staff recommends that we continue to investigate ways to increase resident participation in rain garden programs, including ideas such as adjusting the Environmental Utility Fee credits/incentives for qualifying best management practices especially in locations where retrofits (curb cuts) on existing streets can be utilized. Pros- i. Minima/ maintenance required by city for home gardens, reduces pollutants to lakes and wetlands, provides aesthetic enhancements to neighborhoods, reduces volume of water within the system thereby increasing existing capacity, can reduce storm piping infrastructure requirements Cons- ii. Need to determine a long-term maintenance policy for residential gardens (e.g. residents sign a form that they will maintain, etc.), need ongoing educational support for home gardens, large city gardens require maintenance and an experienced gardener, a garden could be filled in by a resident in the future, cannot count on rain gardens because the program is voluntary 2) Street sections - Currently our standard urban street section calls for a 32' wide street section and cul-de-sacs require a diameter of 93'. Reducing the width of streets reduces the amount of impervious surface and lessens the environmental impact. Over the past years, the city has allowed for narrower streets in some new developments and has incorporated parking bays and traffic calming designs (narrowing of street) on some street reconstruction projects (Beam Avenue, English Street, Hazelwood Street). Our Engineering Department will be exploring some of these design concepts on the Western Hills street reconstruction project in 2010-2011. A majority of vehicles have a width of 8.5' or less including fire trucks, school buses, and garbage trucks. The required turning diameter for a fire truck or school bus is about 93' Attachment 2 which matches the current requirement for city cul-de-sac standards. However many school buses no longer enter into cul-de-sac locations for pickup but rather pick children up at the nearest cross street. Also, fire trucks and safety vehicles can maneuver within cul-de-sacs with a much tighter diameter and those that also have island landscaping. As seen in Figure 2, a street section of 22' can accommodate parking on one side of the street with two cars comfortably passing one another on a residential street. A 22' street section with parking on one side can also accommodate larger vehicles but there may be some yielding when vehicles must pass one another near a parked vehicle. FIGURE 2 - RWMWD/BARR REPORT If parking is needed on both sides of a residential street then a street section of 26' can accommodate two parked cars and a passing vehicle in between, with yielding required at the pinch points. This concept is shown in Figure 3. Attachment 2 FIGURE 3 - RESIDENTIAL STREET - RWMWD/BARR REPORT A general windshield survey showed that not many cars are parked along city streets during daytime. City ordinance prohibits cars parked on city streets from 2:00 a.m. to 6:00 a.m. The taskforce recommends we reevaluate street parking in Maplewood and develop guidelines about levels of street parking that should be provided in different scenarios. On current street reconstruction projects, residents are sometimes asked whether they would like the street narrowed. In the past, few neighborhoods have wanted to decrease street width. The taskforce recommends that the city thoroughly explores street widths, cul-de-sac diameters, street parking, street standards, and develops a policy that helps minimize environmental impacts. This should include educating residents about the costs and benefits associated with street widths and exploring incentives for neighborhoods that reduce street width during street reconstruction projects. Pros- i. Reduces impervious area, reduces pollutants and runoff volume, slows traffic by narrowing, reduces future replacement costs and maintenance because the footprint would be smaller than current standards Cons- ii. Reduces area for on-street pedestrians if no sidewalk exists or is wanted in the boulevard, safety vehicle needs, idea may not be accepted by residents 3) Active Living Opporlunities - Providing a designated system of sidewalks, trails, and bike lanes increases the likelihood for walking and biking. During development of Maplewood's 2030 Comprehensive Plan, the city evaluated our sidewalk and trail system and identified future trails and connections needed. Currently City Code requires sidewalk installation adjacent to collector streets, however, it will be important to start providing on-street bikeways to promote active lifestyles in addition to sidewalks. Figure 4 depicts a typical layout of a collector street with biking and pedestrian facilities. Attachment 2 FIGURE 4 - COLLECTOR STREET - RWMWD/BARR REPORT This typical collector street section would accommodate parking on one side of the street in addition to biking lanes on either side. A sidewalk would also be placed on one side of the street. Bump outs would be provided to provide for some traffic calming and also providing additional opportunities for stormwater treatment. A review and revision of standards would need to be conducted to determine the type of street best suited for this treatment. Pros- i. Promotes walking and riding bikes, reduces need for vehicle use on short trips if proper infrastructure is in place, traffic calming using bump outs Cons- ii. May require wider streets to accommodate biking lanes, impacts into boulevards, additional costs for striping and maintenance, difficulty to plow and maintain in winter especially with bump outs 4) Pervious Pavement- Maplewood has installed pervious asphalt parking lots at the public works building and at Geranium Park. Both are functioning well, but studies are still ongoing to determine life expectancy and maintenance protocols for this type of system. The city of Shoreview recently installed pervious concrete on a roadway in a smaller neighborhood and to date considers the project a success. It is important that the city continues to explore the latest infrastructure technologies. Pros- i. Reduces need for storm sewer pipes, reduces pollutants and volume of runoff, quieter when driven on compared to regular pavement, firmer stable walking surface Cons- ii. High cost, maintenance issues, predictability 5) Tree Plantings - Trees provide many benefits to the community. They help treat stormwater, filter air pollutants, provide shade which can lower energy consumption, add Attachment 2 value to homes and enhance the aesthetics of a neighborhood. The city's current right- of-way ordinance does not allow tree plantings within public rights of waylboulevards, however, the city typically requires planting boulevard trees on Planned Unit Development projects. The city has no policy regarding replanting trees that die. In addition to boulevards, trees could be considered within cul-de-sac islands as a green street feature. The taskforce recommends that we review the city's policies on boulevard trees. A review should include cost estimates for tree planting and maintenance to enable comparison with standard design. Pros- i. Provides shade to homes thereby reducing energy needs, provides a neighborhood feel, aesthetically pleasing, trees utilize excess runoff and act as a filter, shades pavement which reduces hot/cold cycles increasing pavement longevity, reduces urban heat island effect Cons- ii. Conflicts with utilities in the boulevard, requires ongoing maintenance/pruning/removal/replanting if diseased RECOMMENDATION It is recommended that the Community Design Review Board, Planning Commission, and Environmental and Natural Resources Commission provide input on objectives and developing a successful framework in which to create and recommend a Living Streets policy to the city council. Attachments: 1) Resolution Attachment 2 RESOLUTION DECLARING SUPPORT FOR ESTABLISHING A LIVING STREETS POLICY FOR THE CITY OF MAPLEWOOD, MINNESOTA WHEREAS, the Living Streets concept is designed to assure safety and accessibility for all the users of our roads, trails and transit systems, including pedestrians, bicyclists, transit riders, motorists, commercial and emergency vehicles and for people of all ages and of all abilities; and WHEREAS, Living Streets reduce congestion by providing safe travel choices that encourage non-motorized transportation options, increasing the overall capacity of the transportation network as well as decreasing consumer transportation costs; and WHEREAS, Living Streets will help the City of Maplewood reduce greenhouse gas emissions as more people choose an alternative to the single occupant vehicle; and Living Streets is consistent with the US Mayors Climate Protection Agreement which the city has endorsed: and WHEREAS, Living Streets support economic growth and community stability by providing accessible and efficient connections between home, school, work, recreation and retail destinations by improving the pedestrian and vehicular environments throughout communities; and WHEREAS, Living Streets enhance safe walking and bicycling options for school age children, in recognition of the objectives of the national Safe Routes to School program; and WHEREAS, Living Streets can help reduce crashes and injuries and their costs; and WHEREAS, a Living Streets provide environmental and social benefits including: 1) Improving stormwater quality 2) Reducing impervious surfaces 3) Providing traffic calming measures 4) Improving biking and walking conditions 5) Protecting and enhancing the urban forest THEREFORE, BE IT RESOLVED, that in order to develop and maintain a safe, efficient, balanced and environmentally sound city transportation system for people of all ages and abilities, transportation and development projects shall incorporate a philosophy that expands transportation choices and further incorporates the Living Streets theme and key concepts listed above; and BE IT FURTHER RESOLVED, the staff shall prepare a Living Streets Policy and shall concurrently review city ordinances, engineering standards, policies, and guidelines in order to make recommendations ultimately to the City Council on a Living Street Policy that will reduce impacts to the environment, be practical and economical, while also meeting community and stakeholder needs. MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Michael Martin, AICP, Planner Baseline Business Survey June 13, 2011 INTRODUCTION In 2010, staff and the business and economic development commission (BEDC) worked on drafting a survey to send out to randomly selected businesses. This survey was finalized near the end of 2010 and sent out earlier this year. This memo will go over the feedback the city received from the survey and highlight some of the findings. The final survey that was sent out to the businesses is attached to this report. While staff used as many scientific survey methods as possible, this was not a scientific, measurable survey but rather a technique to gather some additional feedback from the broader Maplewood business community. BACKGROUND Staff sent the survey to 91 businesses in Maplewood. The 91 businesses were a randomly selected using a business listings database from the city clerk's office. Staff received 29 responses back for a 32 percent response rate. Staff did not control the businesses selected to include a certain percentage of any particular industries, company size or ownership. Nearly 95 percent of the survey respondents were from businesses employing 49 or less individuals. DISCUSSION As mentioned earlier, a copy of the survey is attached to this report. The next segment of this report will go over the survey results by section. Section 2: Business Environment Fifty-two percent of the respondents have been in Maplewood for 10 or more years; 16 percent for 5-10 years' and 10 percent for 1-5 years. None of the respondents of this survey were new to Maplewood. The vast majority of respondents, 89 percents, stated they have no plans on leaving Maplewood. One respondent indicated they were considering leaving Maplewood because the rents were too high. The next four questions respondents scored aspects of Maplewood's business environment on a scale of 1 to 5. Staff calculated the average scores for this report. On business' current location respondents gave an average score of 3.8. The rating of Maplewood's regulatory environment scored an average of 3.3. Maplewood's proximity to target markets received an average score of 3.7. Maplewood's location to service or supply providers scored an average of 3.9. Section 3: Employment As mentioned earlier all survey respondents had less than 50 full-time andlor part-time employees. The majority of businesses stated that 0-25 percent of its employees are Maplewood residents. Approximately 10 percent of the survey responses indicated that 76-100 percent of their employees are Maplewood residents. Thirty-seven percent of businesses responded that 76-100 percent of positions require a high school diploma, while 21 percent stated 0-25 percent of its positions required the diploma. Fifty-eight percent of respondents stated that 0-25 percent of its positions required a college degree. Forty-two of the respondents stated 0-25 percent of the positions required continuing educated opportunities. Section 4: Expenses The next four questions asked respondents to rank costs of doing business in Maplewood on a scale of 1 to 5. Businesses gave Maplewood an average score of 3.4 on the availability of rental space. An average score of 2.7 was given for the cost of rental space. The availability of developable land was given an average score of 2.5. The cost of land scored a 2.5 Section 5: Sustainable Development and the Environment All respondents who answered the questions indicated they recycle. A little more than 21 percent of the respondents indicated they employ other environmental-friendly practices such as energy-efficient appliances. Maplewood scored a 3.5 on its environmental quality. All respondents who answered the question said Maplewood is doing enough to encourage sustainable development. Section 6: Opinions This section did not have a high rate of participation which should be kept in mind for future surveys. Identified Maplewood strengths included its location, lots of referral opportunities within the medical community, community center, city services, police response time, schools, access to streets and snow plowing and close to where the business owner resides. Maplewood's weaknesses included lack of individually-owned restaurants, lack of community, too many liquor establishments, traffic on Rice Street, late-night activity, high rents, liquor license fees, crime, image and geographic shape of city, and no downtown. Businesses listed the following factors (both positive and negative) as affecting their ability to attract andlor retain customers: location, signage, safety, website commerce, people's decreased amount of spending money, keeping middle-class in Maplewood, location to metro, advertising and image of Maplewood. Businesses suggested the following to help improve the business environment in Maplewood: more signage opportunities, do not try to reinvent the wheel, lower real estate taxes and license fees, make city safe and make other businesses clean up their properties. RECOMMENDATION Come to the June 23, 2011 BEDC meeting prepared to discuss the findings of the baseline business survey. Attachments 1. Baseline Business Survey Section 1: General Information (Optional) Company Name Name: Address Email Position Attachment 1 Swvey Number Phone Do you own or lease property? Section 2: Business Environment How long has your business been in Maplewood? How long do you plan on staying in your current location? Do you have plans on leaving Maplewood? If yes, why? Is your business planning to expand? If yes, will you expand your business in Maplewood? Does the City of Maplewood provide a good environment to conduct business? Less than 1 Year 1-5 Years Less than 1 Year 1-5 Years Yes (Please Circle One Selection) 5-10 years 10+ Years 5-10 years No Relocation Plans No Why? Yes Yes Yes No No No Rate the following questions on scale of 1 to 5, corresponding to the following scale: 1: Does not meet my needs; 2: Below Average; 3: Average; 4: Above Average; 5: Excellent How would you rate the current location of your business? How would you rate the business regulatory environment (building/sign permits, code enforcement, business licenses, etc) in Maplewood? How would you rate the proximity of Maplewood to your key or target markets? How would you rate the proximity of Maplewood to service or supply providers? Section 3: Employment How many full-time employees do you employ? 1-49 50-100 101-300 How many part-time employees do you employ? 1-49 50-100 101-300 Approximately what percentage of your employees are Maplewood residents? 0-25% What percentage of your business's jobs requires a high school diploma? 0-25% What percentage of your business's jobs requires a college diploma? 0-25% What percentage of your employees requires continuing education opportunities? 0-25% 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 (Please Circle One Selection) 301-500 501-2,000 2,001+ 301-500 501-2,000 2,001+ 26-50% 51-75% 76-100% 26-50% 51-75% 76-100% 26-50% 51-75% 76-100% 26-50% 51-75% 76-100% Section 4: Expenses Rate the following questions on scale of 1 to 5, corresponding to the following scale: 1: Does not meet my needs; 2: Below Average; 3: Average; 4: Above Average; 5: Excellent How would you rate the availability of rental space in Maplewood? 1 How would you rate the cost of rental space in Maplewood? 1 How would you rate the availability of developable land for your business in Maplewood? 1 How would you rate the cost of land in Maplewood? 1 (Please Circle One Selection) 2 2 2 2 3 3 3 3 4 4 4 4 5 5 5 5 NA NA NA NA Section 5: Sustainable Development and the Environment (Please Circle One Selection) Sustainable development meets the needs of the present without compromising the ability offuture generations to meet their own needs. Does your business currently recycle? Yes No Does your business employ any other environment-friendly practices? Yes No If yes, what are the practices? How would you rate the City of Maplewood on its environmental quality? 1 2 3 4 5 Is the City of Maplewood doing enough to encourage sustainable' development? Yes No If you answered 'No' to the previous question, what should the City of Maplewood be doing to encourage businesses to utilize sustainable development practices? Section 6: Opinions List 3 Strengths of the City of Maplewood as a place to do business List 3 Weaknesses of the City of Maplewood as a place to do business List 3 factors that affect your businesses ability to attract and/or retain customers What are your suggestions for improving the business environment in the City of Maplewood? Thank you for taking the time to help the City of Maplewood serve your businesses needs. MEMORANDUM TO: FROM: SUBJECT: DATE: Business and Economic Development Commission Members Michael Martin, AICP, Planner Rescheduling of BEDC Meetings June 15, 2011 INTRODUCTION A member of the business and economic development commission (BEDC) has requested the commission consider a revised meeting time. Currently, the BEDC meets the fourth Thursday of every month at 5:15 p.m. DISCUSSION At the beginning of the year, the BEDC was required to move its meeting time from the first Monday of the month due to frequent conflicts with city council workshops. The BEDC wanted to try a meeting time of 5: 15 for a period of time to see if it worked with all members. The earlier starting time has caused some members to be late or miss meetings. One option is for the BEDC to continue to meet on the fourth Thursday but at a later start time - for instance 6 p.m. If a date change is required it will be difficult as the council chambers are heavily used meaning that options for meeting dates are limited. For example, no Mondays or Tuesdays are available to meet. The third or fourth Wednesdays of every month are open dates in the council chambers. Technically, the meeting time change requires an amendment to the BEDC's Rules of Procedure, but staff is holding off on this until a permanent time is established. RECOMMENDATION Staff recommends rescheduling the BE DC's normal meeting time to 6 p.m. every fourth Thursday of the month. MEMORANDUM TO: FROM: SUBJECT: DATE: Business and Economic Development Commission Members Michael Martin, AICP, Planner Election of Vice Chairperson June 15, 2011 INTRODUCTION Shelly Strauss had been elected the vice chairperson of the business and economic development (BEDC) commission, but recently resigned from the commission. The City of Maplewood's Commission Handbook requires an elected vice-chairperson. Mark Jenkins currently serves as chairperson. DISCUSSION On June 23, 2011, nominations will be taken for vice-charperson to serve through 2011. The handbook has a section which deals with the role of the chairperson and vice chairperson. Below is the excerpt from the handbook: Role of the Chairperson and Vice Chairperson Commissions generally appoint the chair and vice chair at set times of the year. Although the appointment is usually for a year, the chair and vice chair serve at the pleasure of the commission The willingness and ability of an individual to serve as the chair or vice chair should be taken into consideration Commissions should try to give all commissioners an opportunity to serve as chair. The responsibility of service as chair or vice chair does take extra time. Responsibilities of the Chair . Preside at all official meetings of the board, commission, or committee. . Consult with the staff liaison in drafting the meeting agenda. . Attend City Council meetings, in person or through another commissioner as designee, as needed to represent the commission, board, or committee with the approval of the commission, board, or committee. . Sign correspondence from the commission with the approval of the City Council. The effective chairperson also, during meetings: . Solicits opinions and positions from reticent commission members. . Protects new thoughts from being rejected prior to fair evaluation . Discourages blame-orientated statements. . Keeps the discussion focused on the issue. . Builds trust by even handedness and fairness to all the participants. Responsibilities of the Vice Chair . Substitute for the Chair as needed. The section is silent on the procedure for election of the vice chairperson. BEDC members should voice nominations for vice chair, and the body will then vote for the position. If only one nomination emerges for the position, a motion can be made to formally appoint that person to the post. If there is more than one nomination, the BEDC should vote publicly to decide which candidate will be appointed. RECOMMENDATION Consider nominations and elect a vice chairperson for the remainder of 2011. MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Michael Martin, AICP, Planner Resolution of Appreciation for Shelly Strauss June 15, 2011 INTRODUCTION Attached is a resolution of appreciation for Shelly Strauss. Ms. Strauss served as a member of the business and economic development commission (BEDC) from March 1, 2010 to April 28, 2011. RECOMMENDATION Approve the attached resolution of appreciation for Shelly Strauss. Attachment: 1. Resolution of Appreciation Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Shelly Strauss has been a member of the Maplewood Business and Economic Development Commission since March I, 2010, until April 28, 20ll, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Strauss has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Strauss has shown dedication to her duties and has consistently contributed her leadership and effort for the benefa of the City. NOW, THEREFORE, IT IS HEREBY RESOL VED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Shelly Strauss is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on , 20ll Will Rossbach, Mayor Passed by the Maplewood Business and Economic Development Commission on , 20ll Mark Jenkins, Chairperson Attest: Karen Guilfoile, City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Michael Martin, AICP, Planner Recognition of 3M June 15, 2011 INTRODUCTION The Minneapolis/Saint Paul Business Journal recently printed an article on 3M winning an award given by the Department of Defense for the companies support of the its employees serving in the National Guard and Reserve. DISCUSSION Mark Jenkins, chairperson of the business and economic development commission, wants the commission to take note of local businesses or developments being recognized for achievements in Maplewood. Chairperson Jenkins identified 3M's recognition and staff has attached the Minneapolis/Saint Paul Business Journal's article for your review. It is staff's intent to pass along similar articles or recognition of successes occurring in Maplewood to the commission. Staff also encourages other members to pass on any success stories they are aware of in Maplewood. RECOMMENDATION Read the attached article. pcom_dvpt\BECD\Agenda Reports\062311 \3M_062311 Attachments: 1. Minneapolis/Saint Paul Business Journal's article 3M wins Freedom Award from military I Mirmeapolis 1 St. Paul Business. http://www.bizjournals.comltwincities/news/20 II 105/31 13m- wins-freed... Attachment 1 From the Minneapolis / St. Paul Business Journal: http://www.bizjournals.com/twincities/news/2011/05/31/3m-wins-freedom-award-from-military.html 3M wins Freedom Award from military Minneapolis / St. Paul Business Journal - by Ed Stych, Web Producer Date: Tuesday, May 31, 2011, 2:59pm CDT Related: Manufacturina, Insurance, Residential Real Estate 3M Co. on Tuesday was given the Freedom Award, the highest recogn~ion given by the Department of Defense to companies that provide "exceptional support" to their employees serving in the National Guard and Reserve. Maplewood-based 3M (NYSE: MMM) was one of 15 companies picked from among 4,049 nominations. "Freedom Award recipients distinguish themselves by going to extraordinary lengths to support their mil~ary employees," according to a Defense Department news release. "These employers exceed what is required by law, putting into place formal and informal initiatives that include providing the difference between mil~ary and civilian salary during deployments, continuing full benefits, sending care packages and providing personal support to the families of employees called away from home," There are 15 national winners each year, five in each of three categories: Public companies, large private companies and small private companies. Past winners of the National Freedom Award include the State of Minnesota, Ryland Homes, Allianz Life Insurance Co. of North America and U~ra Machining Co. >Ciick here to read the DoD's statement. estych@bizjoumals.com I of! 6/15/2011 121 PM