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HomeMy WebLinkAbout2014-12-15 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION December 15, 2014 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval ofMinutes:November 17, 2014 5.New Business a. Sustainability Report b.Property Aessed Clean Energy 6.Unfinished Business 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.November 24, 2014 City Council Meeting Update b.Reschedule January 19 and February 16, 2015, ENR Commission Meetings Due to Holidays (proposed new dates Wednesday, January 28 and Wednesday, February 25) c.Maplewood Nature Center Programs 10.Adjourn Agenda Item 4 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,November 17, 2014 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was calledto order at 7:05 p.m.by Chair Palzer. 2. ROLL CALL Randee Edmundson, Commissioner Present Absent Deborah Fideldy, Commissioner Mollie Miller, Commissioner Present Ann Palzer, Chair Present Tom Sinn, Commissioner Present Dale Trippler, Vice Chair Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner Joe Ballandby, Minnesota GreenCorpsMember City Council Liaison Present Kathleen Juenemann, City Councilmember 3. APPROVAL OF AGENDA Commissioner Tripplermoved to approve the agenda as submitted. Seconded by CommissionerMiller. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerTripplermoved to approve the September 15, 2014, Environmental and Natural Resources Commission Meeting minutes as submitted. Seconded by Chair Palzer. Ayes – Chair Palzer&Commissioner Trippler Abstentions – Commissioner’s Edmundson, Miller, Sinn, & Yingling The motion passed. Commissioner Trippler had a correction to the minutes of October 20, 2014: item 5(b)(i) the sentence should read “Environmental Planner Finwall introducedJoe Ballandby.” November 17, 2014 1 Environmental and Natural Resources Commission MeetingMinutes Chairperson Palzer asked to better clarify 8(a) to reflect that Commissioner Yingling submitted the article on the plasticbag ban in California, but that she was not present at the meeting and staff gave the presentation in her absence. Commissioner Trippler moved to approve the October 20, 2014, Environmental and Natural Resources Commission meeting minutes as amended. Seconded by Commissioner Sinn.Ayes –All The motion passed. 5.NEW BUSINESS a.Wetland Buffer Variance to Construct a Garage at 1703 Jessie Street i.Environmental Planner, ShannFinwall gave the report and answered questions of the Commission. ii.The applicant, Scott Miller, 1703 Jessie Street,addressed the Commission and answered questions. The Commission had the following questions/comments: What size rain garden should the applicant install to ensure it captures stormwater runoff from the roof? Is there an estimate for the cost of the rain garden? The watershed district offers grants for stormwater best management practices, perhaps they would help design or fund the applicant’s rain garden. Will the applicant’s driveway be Class 5 material? How can the city be assured that the rain garden will be constructed correctly and to the right size? Environmental Planner Finwall stated that she will have the engineering department do a calculation on the roof runoff to determine the size and cost of the rain garden. That information will be available for the Planning Commission’s and City Council’s review of the variance. Since the rain garden is a required mitigation strategy for the wetland buffer variance, the applicant is not eligible for a watershed district grant for the rain garden. The applicant does propose a Class 5 driveway until the funds are available for a hard surface driveway. City staff did explain to the applicant that a future porous pavement driveway that allows water to infiltrate or other stormwater best practices constructed on site would be eligible for a watershed district grant. Finally, staff recommends adding text to condition number three that states that the rain garden design plans must be approved by the City engineer prior to issuance of a building permit. CommissionerYinglingmoved torecommend approval of the resolution approving a wetland buffer variance for the construction of a garage at 1703 Jessie Street. Approval is based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will redirect stormwater from the garage to a rain garden and areas near the wetland will no longer be maintained as a mowed lawn, but allowed to grow as a naturalized area. November 17, 2014 2 Environmental and Natural Resources Commission MeetingMinutes 3.Approval would meet the spiritand intent of the ordinance since the proposed garage would be built in an area that is already maintained as lawn. Approval of the wetland buffer variance shall be subject to the following: 1.Shift the garage 3 feet to the south to maintain a 5-foot setback from the house and increase the setback to the wetland. 2.Install a gutter on the north side of the garage and a downspout on the northeast corner of the garage which directs water to a rain garden. 3.Install a rain garden on the northeast corner of the garage, adjacent the driveway. The rain garden will be designed to infiltrate water from the garage roof and driveway.Rain garden design plans to be approved by the City engineer prior to issuance of a building permit. 4.Discontinue maintaining the area to the north of the applicants’ property line, within the city property, as mowed lawn area. Allow this area to grow as a naturalized area adjacent the wetland. If the owner would prefer to restore this portion of the lawn to native plants at their ownexpense, the city would allow for that but would need to approve restoration plans. 5.The applicants should submit an escrow to cover up to 150 percent of thecost of the gutter, downspoutand rain garden. The escrow will be released when the gutter, downspout, and rain garden are installed per the city’s approval. Seconded by CommissionerTrippler.Ayes –All The motion passed. There will be a public hearing for the variance at the Planning Commission meeting on November 18, 2014, with final reviewby the City Council on November 24, 2014. b.Partners in Energy–Xcel Energy Community Partnership i.Environmental Planner, ShannFinwall introduced the item. ii.Minnesota GreenCorpsMember, Joe Ballandby addressed the Commissionand introduced the Partners inEnergy program. iii.Community Relations Manager with Xcel Energy, Jake Sedlacekaddressed the Commission and gave a presentation on the Partners in Energy program. iv.Yvonne Pfeiffer,Community Energy Efficiency Managerwith Xcel Energy answered questions of theCommission v.City Council Liaison, Kathleen Juenemann addressed the Commission Environmental Planner, Shann Finwall stated that Maplewood was chosen to participate in the Partners in Energy program which is a two-year community support program sponsored byXcel Energy. Maplewood will be offered the tools and resources necessary to develop and implement an energy action plan that outlines short and long-term energy goals. The partnership begins with the adoption of a Memorandum of Understanding (MOU) for the planning phase of the program and identifying a team of City stakeholders to developthe energy action plan.Tonight staff is recommending that the Commission recommend approval of the MOU and appoint a Commissioner to serve on the energy action team. Commissioner Yinglingmoved to recommend approval of the Partners in Energy Memorandum of Understandingand recommends appointing ENR Commissioner Miller to serve on the energy action team with Commissioner Sinn serving as alternate. November 17, 2014 3 Environmental and Natural Resources Commission MeetingMinutes Seconded by CommissionerTrippler.Ayes –All The motion passed. This item will go to the city council on November 24, 2014. 6.UNFINISHED BUSINESS a.Environmental Ordinances i.Environmental Planner, ShannFinwall gave the update on the tree ordinance revisions. Staff is recommending the Commission review the final edits to the tree ordinance, standards, and environmental ordinance chapter reconfiguration.Once the Commission recommends approval of the ordinance, staff will schedule a workshop with the City Council early next yearto discuss the changes, with theCity Council’s final review taking place spring of 2015. The Commission discussed the final amendments and made a few minor revisions. Commissioner Yinglingmoved toapprove the tree ordinance revisions, tree standards, and environmental ordinance chapter reconfigurationwith the minor edits discussed during the meeting. Seconded by CommissionerTrippler.Ayes –All The motion passed. 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS a.Climate Solutions and Economic Opportunities Stakeholder Engagement Process - Commissioner Miller mentioned the workshop being offered by the Environmental Initiative at the Minnesota Science Museumon November 20, 2014. Commissioner Miller is planning on attending and invited other Commissioners to attend as well. 9.STAFF PRESENTATIONS a.Nature Center Programs Environmental Planner, ShannFinwall presented the upcoming Nature Center programs. For more information contact the Nature Center at (651) 249-2170. 10.ADJOURNMENT Chair Palzer adjourned the meeting at 8:30p.m. November 17, 2014 4 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 5.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: December 10, 201 SUBJECT: 2014 Sustainability Report Introduction Sustainability is described as meeting the needs of the present of future generations to meet their own needs. Local governments are in a unique position to implement and influence sustainability by the policies they set, city operations, and by the promotion of sustainability through reason, local governments should lead by example. Maplewood has made strides toward leadership in sustainability t educational opportunities that reduce emissions and pollution. include the promotion of waste reduction and recycling in our so programs, stormwater best management practices in developments a sustainable City operations, and offering environmental programm Nature Center. Another important aspect of sustainability is setting and report City has a number of methods for setting goals including Compreh Improvement Plans, Budgets, Council Retreats, and Commission Goa Sustainability Report allows the City to report on the progress Discussion Environmental and Natural Resources Commission The Environmental and Natural Resources Commission is charged with developing and promoting sustainable practices for City policies and procedures environmental initiatives and events that the Commission underto Environmental Initiatives 1.Review of Maplewood Recycling Program 2.Recycling Workshop 3.Review of Maplewood Trash Plan 4.Tree City USA 5.Wakefield Lake Water Quality Study Public Meeting 6.Conducting Open Public Meetings 7.Overview of Gladstone Phase II Improvements 8.Enhancing Ambient Groundwater Quality Monitoring in Minnesota 9. NPDES Phase II and MS4 Permit, 2013 Annual Report 10. Mississippi River Corridor Critical Area Draft Rules 11. Wicklander Pond Dredging 12. 2015-2019 Capital Improvement Plan 13. Maplewood GreenCorps Host Site 14. Wetland Buffer Variance to Construct a Garage at 1703 Jessie Str 15. Partners in Energy Partnership with Xcel Energy for a Community Driven Energy Action Plan 16. Tree Ordinance 17. Environmental Ordinance Chapter Reconfiguration 18. Property Assessed Clean Energy (PACE) Environmental Events 1. Maplewood Spring Clean Up 2. Waterfest 3. Tennis Sanitation Recycling Facility Tour 4. National Night Out Minnesota Green Step Cities Minnesota GreenStep Cities is a challenge, assistance, and recognition program to help cities achieve their sustainability and quality-of-life goals. This free continuous improvement program is based upon 28 best practices that are tailored to Minnesota c energy use reduction, and encourage civic innovation. The Maplewood has been participating in the program since December 2010. As one of 75 participating cities, Maplewood is helping to lead the way in sustainably across the State of Minnesota. In 2014 Maplewood was recognized for the second year as a Step 3 City, the highest achievement award at this time. Best practices are rated with a one to three star level. Some of Sustainable Building Renovation Policy (Green Building Code) Ecological provisions in our Comprehensive Code (Greenways, etc. Complete Streets Policy (Living Streets) Green Infrastructure (Stormwater Management) Solid Waste Management (Organized Trash and Recycling Programs) Green Team The Green Team is made up of a group of staff who work together on environmenta sustainability issues at a City operation level. The Green Team acts as the steering committee for the GreenStep Cities program. In 2014 the Green Team focused on energy with the implementation of technology efforts and City employee engagement to reduce plug loads and building energyis one of the best management practices outlined in the Green Building section program. To accomplish this goal the Green Team equipped several work stations with remote on/off button power strips that allow all devices to be remov end of the day. Employee engagement was met through energy presentations during the 2 employee picnic and department meetings and education through pu-related articles in the monthly employee newsletter. The Green Team also hosted several events including: City Hall Campus Clean Up Day (Earth Day) The Green Team invited City employees to assist in the annual spring clean up of City Hall Campus, picking up trash that accumulates over the winter. City Hall Campus Buckthorn Removal The Green Team assisted with hauling and stacking of buckthorn that had been removed from the City Hall Campus. Reuse Center (America Recycles Day) This yearly event recognizes America Recycles Day (November 15). Employees bring unwanted office supplies to the Reuse Center (City Hall lunchroom) for display and reuse by other employees. All remaining office supplies after the event are donated to a nonprofit organization. Junior Green Team Each year the Green Team joins forces with the Maplewood Community Center Day Camp counselors to deputize the Day Campers as the Junior Green Team. Green Team members assist in several environmental programs with the Day Camp that are designed to educate the next generation of environmentally responsible citizens. Natural Resources Maplewood made progress on several natural resources projects in 2014. At Fish Creek, partners and contractors completed buckthorn removal, began prai small rain basin, and planted oak trees. The prairie at Gladstone Savan plugs were planted in focal areas. A turf overflow parking area Preserve, through the financial support of Maplewood Area Histord a grant from Ramsey-Washington Metro Watershed District. An eagle scout planted nat to the new lot. The Marshlands Trail was installed, creating an important Natura Greenway connection. Contractors, staff, and volunteers removed buckthorn at three sites: City Hall, Joy Park, and Vista Hills. City crews hauled 120 cubic yards of buckthorn as C buckthorn pickup. Deer hunts were conducted on four City-owned sites in conjunction with the County and Metro Bow Hunters Resource Base. In addition, in December the City contracted with United States Department of Agriculture-Wildlife Services to remove deer (sharpshooting) in winter 2014/2015. The City continues to meet requirements to maintain its status as a Tree City USA. Our citizen monitoring programs continued including the Invasive Plan and Neighborhood Preserve Monitoring. 3 Energy Over the year the City of Maplewood has been chosen to participaenergy projects or has been awarded energy grants as follows: City Leadership Group on Commercial Energy Competitiveness: Cit in the commercial energy group facilitated by the Great Plains I the group explored opportunities for local governments to remove barriers to energy saving in commercial and industrial buildings in their communiti the project, staff applied for and the City was selected to rece implement the Commercial/Industrial Energy Efficiency Project (Green Building Code Incentive Program). Environmental Assistance Grant: The Environmental Assistance Gr administered by the Minnesota Pollution Control Agency (MPCA). Through the grant the MPCA seeks to encourage environmentally-sustainable practices and approaches to pollution prevention and resource conservation. Maplewood was a under the City Sustainability Policy Development focus area in o Green Building Program. Minnesota GreenCorps: Minnesota GreenCorps is coordinated by thMPCA. The goal training a new generation of environmental professionals. The pr AmeriCorps members with host organizations around the State to assist communities and local governments in addressing a variety of statewide envir train new environmental professionals. Maplewood was chosen to Minnesota GreenCorps ho Minnesota GreenCorps member, Joe Ballandby, will focus his servi conservation outreach and education. Partners in Energy: Maplewood was chosen to participate in the Partners in Energy program. This is a two-year community support program sponsored by Xcel Energy. Maplewood will be offered the tools and resources necessary to d an energy action plan that outlines short and long-term energy goals. Education Nature Center The Nature Center wildlife resources; to empower the community to become stewards naturalists at the Maplewood Nature Center offer environmental edu throughout the year. Programs are designed for adults and families, as well as school groups, preschools, scouts, and birthday parties. Service learning, such as plantin component of the programs. In 2014 naturalists collaborated with the Ramsey- Washington Metro Watershed District on planting three large church rain gardens and conducted a Nature Field Day for Maplewood Middle School seventh graders. 4 The Nature Center is also a resource. Visitors can access the nature library to identify a bird, or browse through the interactive exhibits and informational handouts to learn more about local ecology, buckthorn removal, and native landscaping. The Nature Center participates in sustainability projects for the City including submitting articles for the Seasons environmental newsletter, working with the Rain conducting tree disease education, participating in the Green Team, and administering and coordinat buckthorn program, tree rebate program, and community gardens. Environmental Insert - Seasons The City publishes a quarterly environmental newsletter called Seasons. Each quarter the Seasons focuses on important environmental topics designed to educate, inspire, and promote sustainability City-wide. The 2014 Seasons focused on the following: Spring Changing Climate, Changing Perspective (Climate Change); Summer Marvelous Mini-Beasts (Pollinators); Fall Solid Waste By the Numbers (Trash and Recycling); Winter Think Outside the Car (Transportation). Environmental Webpages In 2014 staff restructured and added new content to the Environment and Natural Resources webpages. Other Noteworthy Environmental Endeavors Recycling Association of Minnesota Each year the City of Maplewood partners with the Recycling Association of Minnesota to offer Compost Bin and Rainbarrel Sale Reduced price, pre-purchase sale for rain barrels and compost bins. Recycle Your Holidays Recycling of unused or unwanted holiday Christmas lights. One hundred percent of the light and chord is recycled. Living Streets The Arkwright-Sunrise Area Improvements completed in 2014 was the second City street project designed under the Living Streets Policy. The Living Streets Policy is a guide for upgrading streets to better accommodate biking, walking, and traincorporating green infrastructure such as trees and rain gardens on street ed Sustainable Operations The City continues to review its City operations to look for way- term maintenance and operating costs, and reduce impacts to the environment. These sustainable City operations also translate into good economic se example of where improvements were made in sustainable operationincluding an updated fuel management system, downsizing the fleet, purchase of an electric work vehicle 5 and equipment that is EPA Tier 4 emissions compliant, and global positioning systems installed in the police department fleet. Recycling and Trash Work Plan recycling and trash hauling companies agree to a work plan every year to assist the City in the reduction of waste and increase in recycl completed this year under these plans: Spring Clean Up Fall Clean Up Campaign Get Caught Recycling Contest Solid Waste Survey Recycling Facility Tour Recycling Workshop City Hall Campus Organics Collection Study Chicken Permits chicken ordinance allows the keeping of up to ten chickens on residentially guided property. To date, the City has issued chicken permits. Stormwater The City is required to prepare an annual storm water pollution prevent plan that details the pormwater permit requirements. This plan was presented to the Environmental and Natural Resources Co 2014. Summary Maplewood is in a unique position toimplement and influence sustainability by the policies we set, by the approaches we use in City operations, and by the promotion of sustainability through City-wide education. The City should continue to strive to be a leader in the area of sustainability. Budget Impact Reducing energy use and pollution through sustainable practices helps the City save money in addition to meeting our environmental goals. Recommendation Review the information provided in the annual sustainability report and offer comments and feedback. The final report will be presented to the City Council in January 2015. 6 Agenda Item 5.b. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: December 10, 2014 SUBJECT: Property Assessed Clean Energy Introduction In the United States, 35% of our energy use and carbon emissions come from buildings. The barriers to retrofitting and making those buildings more energy efficient are high up-front costs and tight credit. Background The Minnesota Department of Commerce describes Property Assessed Clean Energy (PACE) as aninnovative way to financeenergy efficiency and renewableenergy upgrades to buildings.Under the state PACE statute (Minnesota Statutes, Section 216C.435 and 216C.436 andChapter 429) cities and counties have authority to create or participate in a PACE program. Through PACE, interested commercial/industrial property owners evaluatemeasures that achieve energy savingsand receive 100% financing, repaid asa property tax assessmentfor up to 20years.This program helps reduce the financial barriers to creating more energy efficient commercial/industrialbuildings. Residential PACE programs are not viable at this time. Discussion St. Paul Port Authority Joint Powers Agreement The St. Paul Port Authority (SPPA) has created a PACE programthat they implement and administer on behalf of cities and counties. The City of Maplewood can designate the SPPA as the program administrator for the City's PACE programthrough the adoption of a Joint Powers Agreement (JPA) (Attachment 1). The JPA would significantly reduce theadministrative burden that the City would experience in handling PACEprojects and financing. The SPPA uses its own financial resources to finance the renewable energy or energy efficiency projects. The City’s role is intermediary, imposing and collecting the requested special assessments and transfer collections to the SPPA.There are currently 22 counties and 13 citiesthat have adopted the SPPA PACE JPA. Maplewood Energy Goals Over the year the City of Maplewood has been chosen to participate in energy projects or has been awarded energy grants as follows: City Leadership Group on Commercial Energy Competitiveness:In 2014, City staff participated in the commercial energy group facilitated by the Great Plains Institute.Participants in the group explored opportunities for local governments to remove barriers to energy saving in commercial and industrial buildings in theircommunities. At the conclusion of the project, staff applied for and the City was selected to receive a $5,000 grant to implement the Commercial/Industrial Energy Efficiency Project (Green Building Code Incentive Program). Environmental Assistance Grant: The Environmental Assistance Grant Program is administered by the Minnesota Pollution Control Agency. Through the grant the MPCA seeks to encourage environmentally-sustainable practices and approaches to pollution prevention and resource conservation. The City of Maplewood was awarded $20,000 under the City Sustainability Policy Development focus area in order to implement the Green Building Program. Minnesota GreenCorps:Minnesota GreenCorpsis coordinated by the Minnesota Pollution Control Agency. The goal of Minnesota GreenCorps is to preserve and protect Minnesota’s environment while training a new generation of environmental professionals. The program places AmeriCorps members with host organizations around the state to assist communities andlocal governments in addressing a variety of statewide environmental needs and to train new environmental professionals. Maplewood was chosen to be one of 40 Minnesota GreenCorps host sites for the 2014/2015 service year. Maplewood’s Minnesota GreenCorps member, Joe Ballandby, will focus his service on energy conservation outreach and education. Partners in Energy:Maplewood was chosen to participate in the Partners in Energy program. This is a two-year community support program sponsored by Xcel Energy. Maplewood will be offered the tools and resources necessary to develop and implement an energy action plan that outlines short and long-term energy goals. Summary The adoption of the St. Paul Port Authority’s Joint Powers Agreement for Property Assessed Clean Energy would offer the City an additional tool to assist commercial/industrialproperty owners with renewable and energy efficiency improvements. While there are no property owners requestingthis financingatthistime, the City does expect applications in the near future as we implement andconducteducationandoutreachonourenergygoals. Recommendation Recommend approval of the attached St.PaulPortAuthority’sJoint Powers Agreement fora Property Assessed Clean Energy Program. Attachment 1.St.PaulPortAuthority’sJoint Powers Agreement foraProperty Assessed Clean Energy Program 2 Attachment 1 Saint Paul Port Authority 850 Lawson Commons 380 St. Peter Street Saint Paul, MN 55102 (651) 224-5686 (651) 223-5198 (fax) www.sppa.com Revised 10/30/2014 9840817v6 JOINT POWERS AGREEMENT This Agreement, made and entered into as of the _____ day of _____________, 2014, by and between the Port Authority of the City of Saint Paul (the “Port Authority”), a body corporate and politic, and the City of Maplewood, Minnesota, a municipal corporation (the “City”), provides as follows: WHEREAS, the Port Authority has been engaged in governmental programs for providing financing in the City of Saint Paul and in other areas of the State of Minnesota (the “State”) by making loans evidenced by various financing leases and loan agreements, and in the process of operating these programs the Port Authority has developed a high degree of financial expertise and strength; and WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 and 471.59 (collectively the “Act”) authorize the City to provide for the financing of the acquisition and construction or installation of energy efficiency and conservation improvements (the “Cost Effective Energy Improvements” as defined in the Act or “Improvements”) on Qualifying Real Properties” as defined in the Act (the “Properties” or “Property”) located within the boundaries of the City through the use of special assessments; and WHEREAS, the Act authorizes the City to designate a local government unit other than the City to implement the program under the Act on behalf of the City; and WHEREAS, the City has one or more projects within the boundaries of the City that have Improvements in need of financing, and has adopted its Resolution No. _______ (a copy of which is attached hereto as Exhibit A) to designate the Port Authority to implement and administer a program on behalf of the City to finance such Improvements; and WHEREAS, the Port Authority has created a program under the Act known as the Property Assessed Clean Energy Program (“PACE OF MN”) for purposes of implementing and administering the activities described in the Act, and the Port Authority is willing to implement and administer that program on behalf of the City as requested herein; and WHEREAS, the City has expressed a desire to make energy improvement financing programs of the kind managed by the Port Authority available for improvements of eligible properties within its boundaries, including but not limited to the Energy Savings Partnership, Trillion BTU (within the portion of the City served by Xcel Energy) and PACE OF MN, and a joint powers agreement is required between the City and the Port Authority for PACE OF MN; and WHEREAS, the Improvements will serve citizens of the City of Saint Paul and the City of Maplewood, as well as Ramsey County and the State of Minnesota. NOW THEREFORE, in consideration of the mutual covenants herein made, the parties to this Agreement hereby agree as follows: 9840817v6 1. The Port Authority will exercise the powers of the Act on behalf of the City by utilizing to provide financing for Improvements located within the boundaries of the City. Except as otherwise provided in this Joint Powers Agreement, the Port Authority shall be solely responsible for the implementation and administration of PACE OF MN and the financing of the Improvements. 2. In connection with its implementation and administration of PACE OF MN, and its financing of the Improvements located within the boundaries of the City, it is anticipated that the Port Authority will enter into various agreements with persons wishing to obtain financing for Improvements located within the boundaries of the City as well as with sources of financing for such Improvements (collectively the “Program Documents”). 3. The Port Authority may and is permitted to charge fees for its implementation and administration of PACE OF MN, which fee will be described in, and payable under, the Program Documents. 4. The Port Authority will have the sole duty and responsibility to comply with or enforce covenants and agreements contained in the Program Documents. This power specifically includes the responsibility for monitoring and enforcing compliance with the provisions of the Program Documents. 5. Either the Port Authority or a lending institution (the “Lender”) will use its own financial resources to finance the Improvements (the “Loan”), or a taxable special assessment revenue bond(s) (the “Bond(s)”) issued by the Port Authority in favor of the Lender will be used to finance the improvements. Regardless of the financing mechanism, the Lender will advance funds under the Program Documents to be paid from levied special assessments. 6. The Loan(s) or Bond(s) must be a special/limited obligation of the Port Authority, payable solely from special assessments levied by the City as provided herein. The Loan(s) or Bond(s) and interest thereon must neither constitute nor give rise to a general indebtedness or pecuniary liability, or a general or moral obligation, or a pledge or loan of credit of the Port Authority, the City, the City of Saint Paul or the State of Minnesota, within the meaning of any constitutional or statutory provision. To that end, the Port Authority hereby agrees to indemnify and hold harmless the City from and against any claims or losses arising out of the failure of the Port Authority to provide for the payment of principal of, and the interest or any premium on the Loan(s) or Bond(s), from special assessment payments actually paid to the Port Authority by the City. This indemnity must not, however, be construed to relate to any claims or losses which might arise by virtue of the exercise, by the City, of its governmental powers in connection with the Project, or by virtue of the failure of the City to levy and collect special assessments with respect to the Improvements or promptly remit such special assessment payments to the Port Authority as provided in the Program Documents. 7. As and for its contribution to the financing of the Improvements, and as provided in the Act, the City must impose and collect special assessments necessary to pay debt service on that portion of the Loan(s) or Bond(s) attributable to the Improvements located within the boundaries of the City. Evidence that the City has imposed such special assessments is a 3 Joint Powers Agreement 9840817v6 precondition to the Port Authority’s obligation to provide financing to any Improvements located within the boundaries of the City in accordance with the following process: A. The Port shall provide to City an application from an Applicant under the Program which includes the following documentation: 1) A copy of the Application containing the legal name of the Applicant, its legal status, its legal address, a description of the Project, the cost of the Improvements, the total amount to be assessed against the Property and the address, legal description and tax identification code for the Property upon which the Improvements are to be constructed or installed. 2) A statement from the Port that the proposed Project as described in the Application qualifies under the requirements of the Act and the Port Authority. 3) A fully-executed copy of the Applicant’s Petition and Assessment Agreement suitable for evidencing, and recording if necessary, Applicant’s agreement to be assessed for the amount of the Improvements. B. Upon receipt of the documentation described in Subparagraph A above, City agrees that it will levy an assessment against the Property for the amount to be assessed as set forth in Section 7.A. above. C. Evidence that the City has imposed such special assessments is a precondition to the Port Authority’s obligation to provide financing to any Improvements located within the boundaries of the City. D. In the event that, after the City levies an assessment against the Property for the costs of the Improvements and related costs as provided for in Subparagraph B above, the Port does not fund the cost of the Improvements as contemplated by this Agreement, the Port shall promptly notify City that it has not and will not fund the costs of the Improvements under the Program and City shall thereafter the Ramsey County Auditor to remove the subject assessment from the Property. 8. Once the City has imposed special assessments to finance Improvements located within the boundaries of the City, the City transfer all collections of the assessments received by it upon receipt to the Port Authority for application to the payment of the applicable Loan(s) or Bond(s). The City will take all actions permitted by law for the recovery of the assessments, including without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. Section 429.071, Subd. 4. The City acknowledges that the Lender is a third-party beneficiary of the City’s covenants herein with respect to the imposition and transfer of special assessments described herein. 9. Unless otherwise provided by concurrent action of the Port Authority and the City, this Agreement will terminate upon a 30-day’s advanced written termination notice to the other Joint Powers Agreement partner or upon the retirement or defeasance of all Loan(s) or 4 Joint Powers Agreement 9840817v6 Bond(s), whichever is later; and notwithstanding any other provisions, this Agreement may not be terminated in advance of such retirement or defeasance. 10. This Agreement may be amended by the Port Authority and the City, at any time, by an instrument executed by both of them. The Port Authority or the City may not amend this Agreement, however, if the effect of the amendment would impair the rights of the holder of the Loan(s) or Bond(s), unless the holder has consented to the amendment. 11. This Agreement may be executed in any number of counterparts, each of which when taken together will constitute a single agreement. [Remainder of page intentionally left blank] 5 Joint Powers Agreement 9840817v6 IN WITNESS WHEREOF, the Port Authority and the City have caused this Agreement to be executed on their behalf, by their duly authorized officers, as of the day and year first above written. PORT AUTHORITY OF THE CITY OF SAINT PAUL By: Its: President By: Its: Chief Financial Officer CITY OF MAPLEWOOD, MINNESOTA By: Its: By: Its: S – 1 Joint Powers Agreement EXHIBIT A Extract of Minutes of Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood (the “City”), was duly held at the City Hall in the City, on ________, ______, 20____, at _________________P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the designation of the Port Authority of the City of Saint Paul to implement and administer a program under Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 and 471.59 on behalf of the City. Member ____________________ introduced the following resolution and moved its adoption, the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. _______ RESOLUTION DESIGNATING THE PORT AUTHORITY TO IMPLEMENT AND ADMINISTER A PROJECT ASSESSED CLEAN ENERGY IMPROVEMENT FINANCING ON BEHALF OF THE CITY, AND PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AS NEEDED IN CONNECTION WITH THAT PROGRAM BE IT RESOLVED by the City Council of the City of Maplewood (the “City”), as follows: Port Authority 1. The Port Authority of the City of Saint Paul (the “”) has PACE OF MN established the Property Assessed Clean Energy Program (“”) to finance the acquisition and construction or installation of energy efficiency and conservation improvements A-1 9840817v6 Improvements (the “”), on properties located throughout the State of Minnesota through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429 and 471.59 (the “Act”). 2. The City has received and approved one or more applications and petitions for Special Assessments from owners of property located in the City desiring to participate in and receive financing pursuant to the Act. 3. In order to finance the Improvements, the City hereby determines that it is beneficial to participate in PACE OF MN, and to designate the Port Authority as the implementor and administrator of that program on behalf of the City for purposes of financing Improvements located within the City. 4. The City understands that the Port Authority may obtain funding from designated lending institutions or may issue its PACE OF MN special assessment revenue bond(s) to finance the Improvements, and that the sole security for the loan(s) or bond(s) will be special assessments imposed by the other cities participating in PACE OF MN. 5. To facilitate and encourage the financing of Improvements located within the City, the City covenants to levy assessments for said Improvements on the property so benefitted, in accordance with the Application and Petition for Special Assessments received from the owner(s) of the Property and approved by the Port Authority. The interest rate on the Special Assessments shall be the interest rate on the Loan(s) or Bond(s), and may include additional interest. 6. After imposition of the special assessments, the City shall collect such assessments and remit them to the Port Authority for use in the repayment of the Loan(s) or Bond(s).The City will take all actions permitted by law to recover the assessments, including without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. Section 429.071, Subd. 4. 7. The Mayor and City Clerk are authorized to execute on behalf of the City, any documents, certificates or agreements necessary to implement the program authorized by this resolution. The motion for the adoption of the foregoing resolution was duly seconded by Member ______________ upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A-2 9840817v6 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held _______________, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom. WITNESS My hand officially and the seal of the City this ___________ of ______________. __________________________________________ City Clerk City of Maplewood (Seal) A-3 9840817v6