273719 WHITE - CITV CLERK [�{.�.�/�y��h
PINK - FINANCE GI OF SAINT PAUL � Council . � �.j�s y
CANARV - DEPARTMENT `j
BLUE - MAVOR � Flle NO.
uncil Resolution
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Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officials are hereby authorized
and directed to execute an agreement with the Minnesota Department
of Natural Resourceswhereby the City will undertake a demonstration
project utilizing a variety of tree species and landscape plans as
part of the ongoing program of combatting Dutch elm disease and
reforestation; said agreement to be kept on file and of record in
the Department of Finance and Management Services.
COUNC[LMEN Requested by Department of:
Yeas Nays �
8� McMahon Comnunity Services
� [n Favor
Hunt �
Levine _ __ Against B
Maddox
Showalter
Tedesco SEP 18 1979 Form orn
Adopted by Council: Date �.
Certified by Co nc� , cr a 1 B
r
By ,
t�pp v d y ;Vlavor: Date SEP 2 1 �.g�9 Ap ro by Mayor f r m ss'on to Council
By _ _ By
P_.1�uSr��o S E P 2 9 19 9
EXHIBIT A
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St. Paul, Minnesota
A. Undertake a demonstration project: Minneapolis-St. Pau1 Street
Tree Exhibit to demonstrate the use of different plant materials and
designs on plantinq strips between sidewalks and curbs and/or center
boulevards.
1. Purchase of suitable plant materials. $2,500.00
2. Labor, supplies, equipment use for planting demonstration
sites, maintenance of demonstration sites and plant materials. $2,500.00
Total $5,000.00
State Reimbursement
Total Federal reimbursement administered by the Minnesota Department
of Natural Resources to include:
Purchase of suitable plant materials. $2,500.00
Of the total cost of $5,000.00, the total State Reimbursement
administered is $2,500.00.
City Gontribution
Of the total cost of $5,000.00, the total contribution to be paid
by the city is $2,500.00.
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{?M Q3.: 23��,975 -�f
Rev.: 9/B/�6
�XPLANATIt�t OF ADMINI�TRA IVE ORDERS, � �
LDT2 Ab?D ORD N1lNCES
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Date: g�ptet�er 5, 1979
�p; MAYOR GEORGE LATIMER
�= Tho�nais J. Kelley, �
- �= Cou�cil �esolut�ian authc�riz�ng agreement with t�pt. of ��u�a�l R��c�urc�s
� ACTI4N I�EL�STED:
._...__�....`. .
Approval of Council � Resolution �
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PURPCSE AND RPi�TIO1+tA�LE FOR TSTS ACTION:
City will undertake �nonstratjon project for tree pTar�t��g
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< ATTACHMENTS:
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Council �eso1utfion �__: .
copy of agreemen�
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AGREEbiENT
Tf�IS AGREEh1ENT, Made this day of
1979, bet�aeen the State of [�linnesota, acting by and through its Department of
Natural Resources , hereinafter referred to as the "State", and ,
hereinafter referred to as the "City".
WITNESSETf�:
tVHEREAS, The Commissioner of Natural Resources pursuant to r9innesota
Statutes 1978, Section 89.01 has the duty and responsibility to preserve and
protect the forest of this State, to administer forests on forestry principles
and to these ends cooperate and contract whenever and wherever possible with all
units of government; and
ti{lHEREAS, The Elm, a long and dominating Minnesota urban shade tree,
continues to die of "Dutch elm disease" at an accelerated rate and blinnesota
communities face the serious and costly problem of an orderly transition from
Elm to a forest of mixed stands of trees and shrubs to avoid the consequences of
a monoculture; and
WHEREAS, The State in cooperation with financial aid from U.S. Forest
Service is currently involved in a pilot program providing urban forestry assistance
to certain cities and the Commissioner of Natural Resources is desirous of providing
technical and planning expertise needed for the forthcoming "transition"; and
WHEREAS, The U.S. Forest Service has agreed to provide the financial
aid and the State has been designated as the recipient to distribute the funds
for approved expenditures of a "comprehensive urban forestry program", hereinafter
referred to as the "Prograxi"; and �
WHEREAS, The City has established a "Tree Board" (or Citizens Advisory
Committee) and submitted a Program which has been approved by the State and the
City has otherwise qualified as a "demonst"ration urban forestry model".
NOiV THEREFORE, The parties agree as follows:
I. PROGRAM
The City shall during the entire term of this Agreement ;:eep functional the
the established "Tree Board" (or City Advisory Committee) in an advisory and
►�atchdog capacity to ensure continuing performance wherever practical of the
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TOIIOSJlIlg recognized individual rorc�stry projects in the Prograr� eacn hereinafter
referred to as a "Project" :
A. Undertake a tree inventory to establish the number, sFecies and
tree condition (or apProximate age) of boulevard trees and trees on public property
such as in parks, along rivers, a�id transport corridors.
B. Undertake city-wide plans for tree selection design, planting and
maintenance.
C. Undertake a program of cit�� reforestation that shall include the
planting of diverse species to avoid monocuiture.
D. Undertake a program of disease management that shall include
year-round inspection for the detection of diseased trees, diseased limbs, all
downed elm wood, elm firewood piles, felled elm trees, elm stumps and elm brush.
During the active growing season a proper survey of the municipality shall be
completed at least once per week. Diseased elm trees shall be destroyed immediately
and the bark shall be removed including the remaining stumps. This shall appl}� to all
elm trees that are in a weakened coiidition or infected with a disease other than
Dutch elm .disease and �vhicn in the opinion of the tree inspector are a hazard to
the overall effectiveness of a disease management program. In the same manner all
dead and dying branches shall be removed from othenvise healthy elm trees during the
dormant season.
E'. Establish a method to dispose of dead or diseased urban wood. -
F. Establish new, or develop existing mimicipal parks and recreation
are as.
G. Wherever feasible new municipal multi-purpose forests that can serve as
recreation and wildlife areas, and provide harvestable timber and energy resource.
The Tree Board (or Citizens Advisory Committee) shall include community
member�s) from one of the following categories or equivalent: mayor,
city council, city forester, public works official, landscape designer,
school teachers, librarian, civic leader, and generai public.
II. PROJECT PROPOSALS -- APPROVAL � LIABILITY
Exhibit t1 attached hereto and made a nart hereof outlines a plan and the
cost thereof for a Project(sl whicli lias been approved by the State and is eligible
for a grant from tl�e State in the m;ulner of reimbursement as hereinafter nrovided.
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Tne City may from time to time submit to the 5tate a proposed plan and
request a Grant for one or more of any other Project outlined in Article I. Such
plan shall include a financial commitment of the City's share of the cost and if
the plan is approved by the State and the City has met all other requirements herein,
and financial funding is available, Exhibit A of this Agreement shall be amended to
reflect the Project to be performed and the financial grant to be made in connection
therewith. It is understood that Grants under this Agreement are solely from
funds made available to the State by the U.S. Forest Service for the purpose of
the Program.
III. GRANT
The State agrees to reimburse the City for a portion of the total cost of
a Project described and in accordance with E�chibit A or any amendment thereof
attached hereto, provided the City continues performance as outlined in Article I
and all the requirements of Article II are fulfilled.
The funds shall be reimbursed to the City at the completion of an approved
Project described in Exhibit A or any amendment thereto after presentation of
� invoices for actual costs incurred. Partial payments may be made in cases of
hardship but at the sole direction of the St ate. The City shall keep receipts of
all costs incurred and records of all transactions pertaining to the Program as
evidence of compliance with Article I.
� IV. TERM
This Agreement will become effective on � 1979�
or upon such date as it is executed as to encumbrance by the Commissioner of Finance
and shall continue in effect until terminated by mutual agreement or as othenvise
provided herein.
V. TERMINATION
The State may terminate this agreement "with cause". "t�iith cause" shall
mean that the City is not performing the work in accordance with the terms of this
Agreement or the work is not being performed to the satisfaction of the State.
In the event of termination of this Agreement as heretofore provided,
The City shall have seven (7) days prior written notice and shall have until the
date of termination to show cause why the Agreement should not be terminated. If
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it is dete .,�ined by the State that the Cit}•'s defaul� �aas beyond its co;itrol or
it �aas not othenvise in default, the Aoreement shall not be terminated.
VI. SPECIAL CONDITIONS
A. The City shall before entering upon private lands secure permission
from the owner of such land �tihen legally required.
B. The City agrees to hold the State harmless of any and all liability
for personal injury or damages to property resulting from the performance of any
Project described herein.
IN WITNESS WHEREOF, The parties hereto have executed this Agreement as
of the date first above written.
STATE OF MINNESOTA Sain P ul
DEPARTbiENT OF NATURAL RESOURCES CITY OF
i
B
Commissioner of Natural Resources or
i ctor, ep of o unity 'ces
By
Its pl��nct�r, Dept. of Finance and
Management Services
APPROVED AS TO FORM AND EXECtlTION
WARREN SPANNAUS
Attorney General
. Special Assistant Attorney General
APPROVED AS TO FORM: •
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Asst. City torney
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