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2011-07-21 Packet
DRAFT MINUTES OF THE REGULAR MEETING OF THE ENERGY AND ENVIRONMENT COMMISSION HELD AT CITY HALL July 21, 2011 7:06 P.M. I. CALL TO ORDER Chair Latham called the meeting to order at 7:06 p.m. II. ROLL CALL Answering roll call were Members Gubrud, Kata, Kostuch, Paterlini, Risser, Sierks, Tucker, Zarrin, and Chair Latham. Absent: Members Iyer, Pronove and Thompson Staff Present: Jesse Struve and Rebecca Foster III. APPROVAL OF MEETING AGENDA Agenda was approved as written. IV. ADOPTION OF CONSENT AGENDA Agenda was approved as written. V. COMMUNITY COMMENT No one appeared for comment other than as noted below. VI. REPORTS AND RECOMMENDATIONS A. Working Group Members. Motion made by Member Risser and seconded by Member Paterlini to approve David VanDongen to the Air Quality Working Group. Water Quality Working Group Chair Susan Tucker requested that Mary Jo Straub be deleted from the Water Quality Working Group because Ms Straub indicated that she no longer has the time to participate. Commission Chair Latham thanked Ms Straub for her past contributions. Motion made by Member Gubrud and seconded by Member Sierks to approve Phil Hirschey to the Energy Working Group. Motion made by Member Gubrud and seconded by Member Sierks to approve Carlin Struckman to the Education Outreach Working Group. Motion carried unanimously. B. Energy WG 1. Solar panel project. Member Sierks said that the solar grant project fulfills one of the GreenStep Cities requirements and educates the community about solar energy and energy efficiency. Public Comment. Bill Glahn, 6634 Normandale Rd, approves the energy efficiency portion, but not the solar project. John Spanhake, 5701 McGuire Rd, not in favor of the solar project and would rather focus on the energy efficiency project. John Dolphin, 5809 Eastview Dr, believes solar thermal has a better payback. Greg Nelson, 6120 Hansen Rd, not in favor of the solar project because he believed the bid too high. Tim Rudnicki, 4224 Lynn Ave, approves the solar project. Bill Simmons, 5616 Woodcrest Dr, approves the solar project. Chair Latham clarified that the bundling of the energy efficiency projects on the other municipal buildings with the solar grant project was recommended by McKinstry to achieve a shorter payback period. Commission members generally support an educational solar project pursuant to the AARA grant, but cannot support such a project when bundled together with other municipal building energy efficiency projects, which commissioners have not had an opportunity to study. Commissioners also had concerns about the 10K Solar bid price, which they believed was high. Commissioners furthermore had concerns about the RFP process used for the solar grant project, which was substantially different from the process used in the Recycling RFP. Staff indicated at the July 6 Q & A with McKinstry that this was necessitated by the short time line required by the AARA grant deadline. Motion made by Member Sierks and seconded by Member Kostuch to approve McKinstry package of the grant solar panels for the City Hall roof and associated energy efficiency package for other city buildings as listed in the McKinstry hand out. 1 Aye, 7 Nays with the Chair not voting. Motion failed. 2. Solar/wind ordinance amendments Task Force. The topic was tabled. 3. PACE commercial energy district. Public Comment Brad Hanson, 5908 Chapel Dr., Edina, recommended a third party financing model for commercial properties. Motion made by Member Gubrud and seconded by Member Zarrin to accept Energy Working Group Resolution with the addition of the inclusion of residential property. Motion carried unanimously. C. Water Quality WG 1. Coal Tar ordinance. There was a discussion about edits that need to be made to the ordinance and how the city will enforce the new ordinance. Motion made by Member Gubrud and seconded by Member Paterlini to have Susan move forward with making the recommendations that have been mentioned and researching the other cities that have done this and report back next month. Motion carried unanimously. 2. Blue Star Municipal Stormwater Mgmt Assessment. Jesse Struve will generate a word document of the Blue Star Municipal Stormwater Management Assessment to have Chair Latham provide edits instead of setting up Read Only user name and password to the website. The Assessment will be in the August EEC meeting packet for public review. D. Air Quality WG 1. Drive Through Ordinance Amendments. Members would like to restore the pre 2009 status and to make drive through facility standards more in line with Air Quality objectives. 2. Clean Air Act. Dawn Erlandson, President, Aurora Strategic Advisors requested that Edina host a panel event on the public health benefits of the Clean Air Act in Edina on August 9`h. Mayor Hovland and Will Steger will participate. Jesse Struve will reserve a meeting room at the Public Works building. Motion made by Member Risser and seconded by Member Zarrin to approve EEC to be a cosponsor for the Workshop organized by Dawn Erlandson. Motion carried unanimously. E. Recycling & Solid Waste WG 1. Refuse Report. There were no edits to the proposed report. The report will be sent to Edina's haulers for comment. Motion made by Member Gubrud and seconded by Member Zarrin to approve the refuse report. Motion carried unanimously. 6 2. City park recycling bins. The past year's recycling bin study at Pamela Park and Louis Park was successful as determined by Commissioners Latham and Zarrin, who have been monitoring the Dow recycling bins in these parks. The success of the program is due in large part to the Edina school's education program for their students on how to recycle. The Recycling and Solid Waste Working Group's recommendations for recycling bins in City parks was reviewed. This proposal would ultimately lead to recycling bins being placed in every City park. Motion made by Member Zarrin and seconded by Member Tucker to accept the Recycling and Solid Waste Working Group's recycling bin proposal. Motion carried unanimously. 3. City survey — Organized Hauling. Members reviewed the survey results, which showed that 37% of residents favored or strongly favored organized refuse hauling. 43% favored or strongly favored Choice. However, 15% indicated that they chose Choice because they (erroneously) believed that the cost was less. A 2009 MPCA study showed that in cities with organized hauling, residents pay substantially less than residents in cities with Choice. If the 15% is deducted from those choosing Choice and added to those supporting organized hauling, then 52% would favor organized hauling and 28% Choice. Education needs to be done to explain how organized hauling actually is cheaper. F. Eco Yard & Garden tour. Chair Latham is requesting a few more volunteers as site monitors. G. Turf Management Task Force. The Commission reviewed the Task Force's report. Member Paterlini discussed how the revised plan would be a no spray or use organic control policy in designated areas by city Park Department.'A sign will be designed to be installed in the above designated areas. Vince Cockriel indicated to the Task Force that his budget could accommodate such signage. This proposal will be sent to the Park Board and Community Health Commission for approval. Motion made by Member Tucker and seconded by Member Gubrud to approve the Turf Management Task Force report. Motion carried unanimously. H. Education Outreach WG 1. 4th of July Parade. Member Gubrud thanked Members Tucker, Risser, Iyer, Thompson, John Howard and Brad Hanson for helping at the parade. 2. Public Works native plant landscaping. EEC supports the sustainable landscaping. 3. Night to Unite, August 2"d, the Home Energy Squad will visit neighborhoods. I. City Website. No Report. J. EEC Website. No Report. K. GreenStep Cities. Seven of sixteen Steps have been completed and Edina was awarded the level 1 certification. L. City Council Work Session. Tuesday, September 20`h at 5:00 P.M. VII. CORRESPONDENCE & PETITIONS Vill. CHAIR AND COMMISSION MEMBER COMMENTS A. Vice Chair Election. No one has yet volunteered to be Chair for 2012, instead, four members volunteered to each serve for one quarter. Chair Latham expressed the hope that someone would yet step forward to chair the commission prior to the Feb. 2012 elections. B. June Issue of Edina Magazine. Chair Latham gave an update on articles within the magazine, which was dedicated to environmental issues. Chair Latham also passed around the print publicity that the Eco tour has generated to date. IX. STAFF COMMENTS A. Jesse Struve 1. EEC budget. Chair Latham told the members that the total remaining EEC budget is $6,000.00, which excludes staff salary for the duration of the year. Member Risser suggested purchasing the No Idling Signs and Member Zarrin suggested Recycling Bins for the City parks. Paul Thompson had previously suggested hosting a speaker. 2. ULI benchmark progress report. Will present report at September 20`h Council Work Session. 3. EEC's compostable bag resolution. Since the legislation had not been endorsed by both houses of the legislature, EEC's resolution can be withdrawn. 4. Green Corps Intern. it is uncertain whether funding will be available for an intern. There being no further business on the Commission Agenda, Chair Latham declared the meeting adjourned at 9:22 p.m. Motion made by Member Paterlini and seconded by Member Tucker to adjourn meeting. Motion carried unanimously. Respectfully submitted, Rebecca Foster GIS Administrator 8 AGENDA CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thurs., Aug 11, 2011 7:00 PM I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA A. Minutes B. Attendance Report V. COMMUNITY COMMENT During "Community Comment, " the Energy & Environment Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission, or which aren't slated for future consideration. Individuals must limit their testimony to three minutes. The Chair may limit the number of speakers on the some issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments tonight. Instead the Commission might refer the matter to staff or to an EEC Working Group for consideration at a future meeting. VI. REPORTS AND RECOMMENDATIONS A. Working Group members B. Water Quality WG 1. Proposed Coal Tar ordinance 2. Blue Star Municipal Stormwater Mgmt Assessment C. Recycling & Solid Waste WG 1. Refuse Report and ordinance 2. City-wide facility recycling policy D. 7-31-11 Eco Yard & Garden tour E. Turf Management Task Force F. Education Outreach Working Group Report 1. October educational program 2. Public Works native plant landscaping 3. Eco Film Festival G. City Website H. EEC Website I. GreenStep Cities J. City Council Work Session K. Energy WG 1. Solar panel project 2. Solar/wind ordinance amendments Task Force 3. PACE commercial energy district L. Air Quality WG 11 1. Drive Through Ordinance Amendments 2. No Engine Idling Signs 3. Clean Air Act VII. CORRESPONDENCE & PETITIONS VIII. CHAIR AND COMMISSION MEMBER COMMENTS 1. Conflict of Interest Policy IX. STAFF COMMENTS A. Jesse Struve 1. EEC budget 2. ULI benchmark progress report 3. Green Corps Intern Next EEC Meeting — Thurs., Sept. 8 in the Community Room Work Session with City Council — Tuesday, Sept. 20, 5:00 in Community Room The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. AGENDA CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thurs., Aug 11, 2011 7:00 PM I. CALL TO ORDER 11. ROLL CALL (1 min) 111. APPROVAL OF MEETING AGENDA (1 min) IV. ADOPTION OF CONSENT AGENDA (1 min) A. Minutes B. Attendance Report V. COMMUNITY COMMENT (10 min) During "Community Comment," the Energy & Environment Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission, or which aren't slated for future consideration. Individuals must limit their testimony to three minutes. The Chair may limit the number of speakers on the some issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments tonight. Instead the Commission might refer the matter to staff or to an EEC Working Group for consideration at a future meeting. VI. REPORTS AND RECOMMENDATIONS A. Working Group member additions/deletions. (2 min) (attached). B. Water Quality WG — (15 min) Susan Tucker— Minutes 6-20-11(awaiting approval) 7-18-11 (awaiting approval) 1. Proposed Coal Tar ordinance — See attached revised proposed ordinance and revised rationale. See attached MPCA background, article on Prior Lake ban, article on Roseville ban, and Wt Bear Lk Coal Tar Ordinance. Refer to 7-21-11 EEC packet for USGS PAH fact sheet, 1-18-11 Chicago Tribune article on safety, Handyman of America article on driveway sealants, article on Suffolk Co coal tar ban. 2. Blue Star Municipal Stormwater Mgmt Assessment —Jesse Struve to provide PDF (see attached) of Edina's results at http://www.bluestarmn.org/leaderboard. C. Recycling & Solid Waste WG (5 min) DP Latham —Minutes of 7-7-11 (awaiting approval). Aug. meeting canceled in lieu of a field trip to see the portable biodigester. All EEC members WG members and their guests are invited. Tues., August 16, meet at City Hall at 8:30. Program begins at 9:OOam at the pilot plant located at Harris Engineering, 909 Montreal Circle, St. Paul, MN 55102. 1. 1300.09 Proposed Refuse Report and ordinance amendments sent to haulers for comment by Aug. 22 (See attached transmittal letter). 2. The 11-04-10 RSW WG meeting passed a recommendation to EEC to establish a city-wide facility recycling policy stating that only compostable tableware will be used, that bottled water will be reduced, and that organic composting will be implemented. The RSW WG recommends that the 2011 city facility solid waste and recycling RFP needs to take this into consideration in order to accomplish GreenStep #22 sub step la (overall waste reduction in city operations). D. 7-31-11 Eco Yard & Garden tour income and expense report (See attached accounting) (5 Min). 3 E. Turf Management Task Force (5 min) - Germana Paterlini (to be considered at 9-13-11 Pk Bd mtg; comments due from Community Health Committee due on 9-9-11) F. Education Outreach Working Group Report— (15 min) Bob Gubrud/Paul Thompson -Met 7/26/11. Next meeting 9-6-11. 1. October educational program 2. Article on public works native plant landscaping 3. Eco Film Festival G. City Website Update — Germana Paterlini. (5 min) H. Update of EEC Website (see attachment in 6-9-11 EEC packet) (5 min). I. GreenStep Cities (5 min) — See http://areenstep.pca.state.mn.us/bestPractices.cfm for updated practices as well as www.MnGreenStep.org Comp Plan must be updated for city ordinance citations. Edina has a level I qualification award. J. Proposed Agenda for City Council Work Session (5 min) (See attached) K. Energy WG — (15 min) Surya Iyer/ Bill Sierks — Minutes of 7-6-11 (awaiting receipt). 1. Solar panel project — 8-03-11 City Council update 2. Solar/wind ordinance amendments Task Force — Progress report (Surya & Bill) 3. PACE commercial energy district — Forwarded to Jesse Struve 7-22-11 and tentatively scheduled for 8- 16-11 City Council agenda. https://www.revisor.mn.gov/laws/?id=216&doctype=Chapter&year=2010&type=0 and http://www.mnseia.org and http://www.law.umn.edu/uploads/PO/Xo/pOXo6vrvak4O- 5QNQ17XwA/PACE-REPORT-FINAL-pdf. pdf L. Air Quality WG Rept (15 min) J. Risser— Minutes of 6-23-11 (awaiting approval). 1. Proposed 850 Drive Through Ordinance Amendments (attached) as well as history and rationale (attached). See related ordinances of 850.08 Parking & Circulation as well as section 1040 on noise on city website. 2. Proposal for "No Engine Idling Signs" (See attached) 3. Edina to Co -host a roundtable on the public health benefits of the Clean Air Act on Wed. Aug. 10 at 7:00 pm at the Public Works facility. (See attached flier) VII. CORRESPONDENCE & PETITIONS VIII. CHAIR AND COMMISSION MEMBER COMMENTS (10) 1. Conflict of Interest Policy (See attached) IX. STAFF COMMENTS A. Jesse Struve (5 min) 1. EEC budget balance is $8,250 as of 7-15-11. Jesse estimates that EEC needs $1,900 - $2,250 for staff time to end of calendar year. The dedicated ECF account has $691. An additional $1,058 will be added to it from the 7-31-11 Eco tour and plant sale. 2. ULI benchmark progress report - 2010 B3 data entry by Katie Jones of MN Green Corps & ULI data 3. Green Corps Intern — Looking for funding Next EEC Meeting — Thurs., Sept. 8 in the Community Room (required); Work Session with City Council — Tuesday, Sept. 20, 5:00 in Community Rm (required) The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. ri ENERGY & ENVIRONMENT COMMISSION NAME TERM J F M A M J J A S O N D Gubrud, Bob 2/1/2013 X X X X X X X Iyer, Surya 2/1/2012 X X X X X Kata, Karwehn student X X X I X X Ix Kostuch, Keith 2/1/2013 E E X X X X Latham, Dianne 2/1/2012 X X X X X X X Paterlini, Germana 2/1/2013 X X X X X X X Pronove, Alma student X X X X Risser, Julie 2/1/2012 X X X X X Sierks, Bill 2/1/2013 X X X X X X IX Thompson, Paul 2/1/2013 X X X X X X Tucker, Susan 2/1/2012 X X X X X Zarrin, Sarah 2/1/2012 B X X X X X X Edina Energy & Environment Commission Working Groups, Task Forces and Projects Draft of 8-1-11 Air Quality Working Group (AQ WG) - 4th Thrusday at 7:00 pm - Chair Julie Risser - Members Julie Mellum, Laura Eaton, Karwehn Kata, David B. VanDongen Water Quality Working Group (WQ WG) - 3`d Monday at 7:00 pm - Chair Susan Tucker - Members: Bill Johnson, Nina Holiday -Lynch, Jon Moon, Robert Skrentner, Todd Doroff, Laura Eaton Prospective Members —Susan Danzl - BS & MS in environmental engineering & worked 5 yrs in water and waste water industry. Also has done some work in solid waste estimations and energy production from solid waste (waste to energy). Relocated from California 1 year ago. Energy Working Group (AE WG)- 3`d Tuesday at 7:00 pm - Co -Chairs Surya Iyer and Bill Sierks, Commissioner Bob Gubrud - Members Richard Griffith, Richard Oriani, Greg Nelson, Gary Wahman, John Spanhake, John Howard, Bill Glahn, Brad Hanson Prospective Members - Phil Hirschey - Works at Enhanced Home Systems, Inc. with Greg Nelson. Delete Prospects? Alan Glotzman - Has a business Presswirte Printing in SLP. Has a commercial solar system providing a substantial % of his power, as well as extensive LED lighting. He the past President of the morning Rotary. Scott Weicht (Works in commercial construction that installs geo-exchange, solar systems, LEED certified buildings and invests/constructs biomass facilities as well as water treatment/waste water plants around the country. His home has a geo-exchange ground loop system for heating/cooling, and a rain water capture system for lawn/plant watering. The home is designed for future solar when it becomes more efficient). Has agreed to be on the 7-31-11 Eco tour. Education Outreach Working Group (EO WG) - I" Tuesday at 7:00 pm - Co -Chairs Paul Thompson and Bob Gubrud - Members: Laura Eaton, John Howard, Alma Pronove, Carlin Struckman, Todd Willmert. Prospective Members: Caroline Berg -(7-31-11 inq) Annie Berge ('07 Macalester grad with Environmental Science minor, apprenticed at an organic farm in Hawaii and managed professional development seminars); Scott Davidson - Works for HGA, Inc. in the health care industry. His background is in teaching and he is an architect. Tim Jordheim Karl Juhnke - Regis Corp as Sr. IT Developer/Analyst with computer science degree. Sierra Club member with an interest in Dark Sky issues. Eric Strobel - Appointed to Construction Bd of Appeals. He has been a lawyer in the construction industry for 20 years and has an interest in green building codes. Home Energy Squad Task Force (HES) - Meets as needed - Chair Bill Sierks - Commissioners - Paul Thompson, Bob Gubrud Project & Policy Group - Meets as needed - Bill Sierks, Surya Iyer Purchasing - Meets as needed - Co -Chairs Germana Paterlini, Keith Kostuch Recycling & Solid Waste Working Group (RSW WG) - I' Thursday at 7:00 pm - Chair DP Latham, Commissioner Sara Zarrin - Members Michelle Horan, Tim Rudnicki, Melissa Seeley - City Staff Solvei Wilmot Turf Management Plan Task Force (TMP TF) - Meetings as needed over lunch hour - Chair Germana Paterlini (EEC) - Commissioners - Ellen Jones (Pk Bd), Mary Jo Kingston (Community Health), Vince Cockriel (Staff); Ex Officio DP Latham (EEC) and John Keprios (Dir. Pk & Rec. Dept) Urban Forest Task Force (UF TF) - Meets as needed over lunch hour - Chair DP Latham - Commissioners - Joseph Hulbert (Pk Bd), Michael Schroeder (Planning Commission) & City Forester Tom Horwath (Staff). 10 EEC Website Task Force — Commissioners Dianne P. Latham, Germana Paterlini, Julie Risser, Bob Gubrud — Members John Howard. Solar & Wind Ordinance Task Force — Surya Iyer (EEC), Chair, Members — Bill Sierks (EEC) Michael Platteter (Planning), Ken Potts (Planning) with support from the EEC Energy Working Group. 11 ORDINANCE NO. AN ORDINANCE REGULATING THE USE OF COAL TAR -BASED SEALER PRODUCTS WITHIN THE CITY OF EDINA, MINNESOTA SECTION 1. PURPOSE. The City of Edina understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this ordinance is to regulate the use of sealer products within the City of Edina, in order to protect, restore, and preserve the quality of its waters. SECTION 2. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning: ASPHALT -BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to refine coal. COAL TAR -BASED SEALER. A sealer material containing coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area. CITY. The City of Edina MPCA. The Minnesota Pollution Control Agency. PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. 12 SECTION 3. PROHIBITIONS. Use of Coal Tar -Based Sealer Prohibited. A. No person shall apply any coal tar -based sealer to any driveway, parking lot, or other surface within the City of Edina B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar -based sealer to any driveway, parking lot, or other surface within the City. C. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar -based sealer to any driveway, parking lot, or other surface within the City. A person who own property on which a coal tar -based sealer is used is presumed to have used a coal tar -based sealer in violation of this section. Sale of Coal Tar -Based Sealer Restricted. 1. A person may not sell a coal tar -based sealer product within the City unless: 2. The sale is to a person who intends to sue the coal tar -based sealer outside the City's planning jurisdiction; and 3. The seller requires the purchaser to complete and sign a form provided by the City that includes: • Name, address and phone number of the purchase. • Date of purchase. • Quantity of coal tar -based purchased. • A statement that the coal tar -based sealer will not be used within the City of Edina and • An affirmation by the purchaser that the information on the form is correct and, • The seller retains the completed form for a period of not less than two years and allows the City to inspect or copy the form upon request. SECTION 5. ASPHALT -BASED SEALCOAT PRODUCTS. The provisions of this ordinance shall only apply to use of coal tar -based sealer in the City and shall not affect the use of asphalt -based sealer products within the City. SECTION 6. PENALTY. Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case. 13 SECTION 7. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 8. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. Passed by the Council this day of , 20 Mayor Attested: Clerk 14 Objective The objective of this ordinance amendment is to ban the use of coal tar -based sealants within the City of Edina in an effort to safeguard water bodies, natural resources that contribute significant value to the community. Rationale Coal tar -based sealants contain a type of organic chemical compound labeled Polycystic Aromatic Hydrocarbons (PAHs), seven of which have been identified as probable human carcinogens. Although commonly applied to driveways and parking lots, scientific studies have demonstrated negative health and environmental effects when PAHs are released into the environment and become part of stormwater runoff. Additional problems are then faced by local governments, charged with managing, dredging, and disposing of stormwater pond sediment. An alternative is readily available. Asphalt -based sealants contain 1/651h the amount of PAHs as do coal tar -based sealants. A widely recognized study focused on the differing levels of PAHs released into the environment from different sealants. The United States Geological Survey worked with the City of Austin, TX in evaluating the environmental and health impacts of driveways and parking lots treated three different ways: without sealants, those sealed with asphalt -based products, and those covered with coal tar -based sealants. As friction from tires causes particles to break free from driveways and parking lots, they are carried into the stormwater system. Particles from coal tar -based sealants accounted for half of PAH levels in the 40 urban lakes included in the study, the largest contributor to PAH concentrations. An increase in PAH levels over the last 50 years is attributable to the use of coal tar -based sealants. Additional USGS reports show negative effects of PAHS include dust from coal tar -based sealed driveways that entered homes and accounted for PAH levels that averaged 530 times higher than homes near driveways sealed with other products. Toxic effects on aquatic life, birds, and mammals were also documented. Practice The 2009 Minnesota Legislature enacted legislation, House File 1231, that restricts state agencies from buying undiluted coal tar -based sealant and instructs the Minnesota Pollution Control Agency (MPCA) to investigate the environmental effects of the sealant and propose management strategies. MS4 Permittees are required to meet legislated guidelines in the June 2011 process of municipal stormwater permitting. The MPCA will be awarding grants for treating contaminated sediment to communities that have an ordinance banning coal tar -based sealants in place. As of June 22, 2011, nine Minnesota communities have banned the use of coal tar -based sealants: • Buffalo • Centerville • Circle Pines EEC-WQWG — L Eaton 15 • Golden Valley • Maplewood • New Hope • Prior Lake • Roseville • Vadnais Heights • White Bear Lake The City of Edina does not use coal tar products in its road construction or road maintenance programs. The City has found comparable products for its projects without using a substance that causes harmful environmental effects. Though coal tar products are not the sole source of PAHs, eliminating its use on residential and commercial properties throughout Edina, will reduce a known water pollutant source. The dust from coal tar products can run off during rain events, which eventually finds its particles and residue deposited into local ponds and streams and eventually making its way to the rivers. It can also be moved throughout a community via tire treads, wind, and foot traffic. As part of the most recent MS4 Permits requirements, all Cities are prohibited from using these products. It only makes sense to ban the use of the product throughout the City as a means of being in "complete" compliance in the true spirit of the permit. Alternate products are available throughout the retail and wholesale markets especially as more communities are moving to ban coal tar products. The Home Depot and Lowes have removed all coal -tar sealants from its inventory, acknowledging the increasing environmental concerns. Edina's passage of banning coal tar products would place Edina amongst leading Cities in Minnesota who have taken this progressive action. Common concerns related to passing the ordinance banning coal tar -based sealants include the possible negative impacts on businesses, the inability to enforce the ban, and industry information that challenges the actual level of contribution of PAHs by coal tar -based sealants. In addition to questioning the source of PAHs in sediment, coal tar -based industry information reports that a relative benefit is achieved through using coal tar -based sealants over asphalt -based sealants due to the former having an expected lifespan of 30 years, double the lifespan of asphalt -based sealers. The industry position is detailed in their website, http://www.pavementcouncil.org/. Other bans enacted include a state-wide ban in Washington, Dane County, WI, Austin, TX, and Washington, D.C. Comparable Communities' Ordinances and Staff Reports http://www.ci.buffalo.mn.us/admin/citycode/1057.htm EEC-WQWG — L Eaton 16 Coal Tar Based Ordinance Amendment City Of Edina References City of Austin, 2005, PAHs in Austin, Texas, sediments and coal -tar based pavement sealants: Watershed Protection Department, 55 p., accessed September 14, 2010, at http://www.ci.austin.tx.us/watershed/downloads/coaltar draft pah study.pdf. Scoggins, M., McClintock, N., Gosselink, L., and Bryer, P., 2007, Occurrence of polycyclic aromatic hydrocarbons below coal -tar -sealed parking lots and effects on stream benthic macroinvertebrate communities: Journal of the North American Benthological Society, v. 26, no. 4, p. 694-707. Van Metre, P.C., and Mahler, B.J., 2010, Contribution of PAHs from coal -tar pavement sealcoat and other sources to 40 U.S. lakes: Science of the Total Environment, v. 409, p. 334-344. Van Metre, P.C., Mahler, B.J., Scoggins, M., and Hamilton, P.A., 2006. Parking Lot Sealcoat: A Major Source of Polycyclic Aromatic Hydrocarbons (PAHs) in Urban and Suburban Environments. A USGS report prepared in cooperation with the City of Austin, Texas. Provides an overview of why PAHs are harmful to the environment and to the general public health. Article is attached, "Coal -Tar -Based Pavement Sealcoat, Polycyclic Aromatic Hydrocarbons (PAHs), and Environmental Health." Key points from the article: Dust from pavement with coal -tar -based sealcoat has greatly elevated PAH concentrations compared to dust from unsealed pavement. • Coal -tar -based sealcoat is the largest source of PAH contamination to 40 urban lakes studied, accounting for one-half of all PAH inputs. • Coal -tar -based sealcoat use is the primary cause of upward trends in PAHs, since the 1960s, in urban lake sediment. • Residences adjacent to parking lots with coal -tar -based sealcoat have PAH concentrations in house dust that are 25 times higher than those in house dust in residences adjacent to parking lots without coal -tar- based sealcoat. • PAHs move from a seal -coated surface into our environment by many mechanisms: storm runoff, adhesion to tires, wind, foot traffic, and volatilization. EEC-WQWG — L Eaton 17 Background Information On Coal Tar -based Sealants Minnesota Pollution Control Agency - Coal Tar -Based Sealants What Are The Concerns? Coal tar, a byproduct of coal processing, contains high levels of chemicals called polycyclic aromatic hyrdrocarbons (PAHs). Some PAHs are known human carcinogens. It is commonly used in asphalt sealers. Studies have shown when coal tar -based sealants are applied on parking lots and driveways, PAHs can be released into nearby surface waters, where they can accumulate to potentially harmful levels in sediments. This also is a concern for local governments responsible for managing stormwater ponds and disposing of sediments dredged from them. Alternatives to coal tar -based sealer formulations are available that have far lower levels of PAHs. Coal Tar -Based Sealant Fact Sheet http://www. pca.state. mn.us/index. ph P/view-document. htm I?gid=11857 Information Regarding Restrictions on Coal Tar -Based Sealants http://www. pca.state.mn.us/index. phP/water/water-types-and-programs/stormwater/municipal- stormwater/restriction-on-coal-tar-based-sealants. html The Legislation The 2009 legislation was contained in House File 1231. References to coal tar -based sealants are in Article 2, Sections 4, 26 and 28. The main requirements outlined in the legislation will be implemented over the next two years as indicated below. • Notify state and local government units By January 15, 2010 the MPCA must notify state agencies and local governments of the potential for contamination of stormwater ponds and wetlands by coal tar -based sealants. • Inventory stormwater ponds The MPCA must complete a plan to inventory stormwater ponds in the state by January 15, 2010. • State agencies restricted July 1, 2010 State agencies may not purchase undiluted coal tar -based sealant after this date. • Develop best management practices The MPCA must develop and make available best management practices that can avoid or mitigate environmental impacts of coal tar -based sealants. • Develop model ordinance on use of sealants for local units of government (LUGS) available on this web site on or before January 2, 2010. 1 16.6.11 EEC WQWG —L Eaton 18 Background Information On Coal Tar -based Sealants 12 • Develop grant process MPCA will develop a process by July 2010 for awarding grants to LUGS for treatment of contaminated sediment. Ordinance must be in place to apply for a grant. Watch this page for the RFP date (est. Sept. 2010) and application due date (est. Oct. 2010.)The bill contains other requirements for the MPCA but these are the ones of primary import for state and local governments and stormwater managers. • Update: Grants to Help Manage PAH -Contaminated Stormwater Sediments Information about grant requirements and application materials is still under development and will be made available through this Web page on or before July 1, 2010. In the meantime, questions may be directed to Don Berger, 651-757-2223 or Donald. Berger@state.mn.us MS4 Permittees By the next cycle of municipal stormwater permitting, beginning June 2011, permittees will be required to abide by all provisions of the legislation. The MPCA is conducting outreach to permittees to make sure they are aware of the requirements and assist them in meeting them. • ® MS4 Stormwater Pond Inventory Form: (wq-strm4-30) This inventory is required by Chapter 172, Sec. 28 of the 2009 Session Laws and will be incorporated into the 2011 revision and reissuance of the NPDES MS4 General Permit. The purpose of the inventory is to identify stormwater ponds, wetlands and other water bodies impacted by the collection, treatment and conveyance of stormwater. Study of Contamination of Stormwater Pond Sediments by Polycyclic Aromatic Hydrocarbons (PAHs) in Minnesota — The Role of Coal Tar -Based Sealant Products as a Source of PAHs http://www. Pca.state. mn.us/index.php/view-document. html?gid=12960 United States Geological Survey USGS Fact Sheet - Coal Tar -Based Pavement Sealcoat, Polycyclic Aromatic Hydrocarbons (PAHs), and Environmental Health http://Pubs.usgs.gov/fs/2011/3010/pdf/fs2011-3010.pdf MN Cities with Coal Tar -Based Sealant Ban Enacted Centerville 2 16.6.11 EEC WQWG —L Eaton 19 Background Information On Coal Tar -based Sealants 13 Circle Pines Golden Valley Maplewood New Hope Prior Lake Vadnais Heights White Bear Lake Washington State Ban on Coal Tar -Based Sealants http://www.msnbc.msn.com/id/42917004/ns/us news-environment/t/state-bans-coal-tar-sealants-bie- win-foes 3 16.6.11 EEC WQWG —L Eaton 20 KSTP.COM Prior Lake City Council Bans Coal Tar -Based Pavement Sealant R Submitted by Katie Lynn Thursday, May 12th, 2011, 12:12pm Topics: Environment, Home & Garden, News, Politics Link to article: http://priorlake.kstp.com/newslenvironmentlprior-lake-c ity-council-bans-coal-tar-based- pavement-sealant/76411 As you begin summer maintenance around your home, beware of a new ban on coal tar -based pavement sealants in Prior Lake. The city council approved the ordinance banning the use and sale of the coal tar sealants at their meeting on Monday, April 18. The decision was made after the Minnesota Pollution Control Agency (MPCA) and recent studies found that prolonged exposure to such sealers-- the byproduct of coal processing-- is a potential cancer risk to humans. According to MPCA, chemicals used in coal tar -based sealers called polycyclic aromatic hydrocarbons (PAHs) can be released into nearby surface waters, where they can accumulate to potentially harmful levels. Learn more about the environmental concerns of PAHs. The ban on such sealers is a growing trend. Last year, White Bear Lake City Council approved a ban on coal tar seal -coat. Many major retailers not longer sell the coal tar -based sealant and state legislation bans the use of this particular sealcoat by state agencies. For residents wanting to sealcoat their driveway, an asphalt -based sealant can still be used. When hiring a contractor to seal a driveway or parking lot, simply request that a asphalt emulsion sealant be used. 21 KSTP.COM Created: 06/22/20112:30 PM KSTP.com 1 8 Print 1 0 Email By: Jennie Olson Roseville Bans Coal Tar Within City Limits ille residents could face a fine or imprisonment if they are found of violating a new ordinance passed by the city council last week. ar-based driveway sealants are now banned in the city because )ntain carcinogens that can end up in the water. • 'M'N'ENN'N' ' v'•`i'According to a statement released by the city, approximately 2-4 years after the sealants are laid down on driveways and parking lots they can begin to flake off and be carried to storm water ponds. Because the carcinogens are toxic and damage aquatic life, sediments containing them must be disposed of in a hazardous materials landfill, which taxpayers are ultimately responsible for in terms of cost. The recommendations to ban coal -tar -based sealants came to the council from city staff and the Public Works, Environment and Transportation Commission. Other communities that are already banning the sealants include Maplewood and White Bear Lake. These sealants are no longer sold by most hardware or home improvement stores but can be sold by door-to-door driveway coating contractors. The city is encouraging the community to ask companies if they use coal -tar -based sealants because a person could face a fine and imprisonment if they are found guilty of violating the ordinance. For more information about these sealants, call the Minnesota Pollution Control Agency at 651- 296-6300 or visit pca.state.mn.us/ktgha7e. CITY OF ROSEVILLE WEBSITE Coal -Tar Ban Coal -tar -based driveway sealants are now banned from use within the City. Coal -tar -based sealants contain polycyclic aromatic hydrocarbons, (PAH) which are known carcinogens. Coal - tar -based sealants are used on driveways and parking lots. As the sealer ages (in 2 to 4 years), it can flake off, and storm water runoff can carry the flakes into storm water ponds. The City Council approved the ban at the June 13 meeting. Because of the toxic nature and demonstrated damage to aquatic life, sediment with high levels of PAH in storm water ponds must be disposed of in a hazardous materials landfill. Roseville taxpayers are responsible for the cost of cleanup of any public storm water ponds in the city. 22 The Minnesota Pollution Control Agency first raised concerns about PAH, particularly in inner ring suburbs. Public Works staff studied the issue and brought it to the Public Works, Environment and Transportation Commission (PWETC) to review. City staff and PWETC recommended to the City Council that Roseville ban coal -tar -based sealants. Coal -tar -based sealants are no longer sold by most hardware or home improvement stores, but they are often marketed by door-to-door driveway coating contractors. Since seal coating contractors do not have to be licensed, the City is asking residents to help spread the word about the ban on coal -tar -based sealants. If you are considering having your driveway sealcoated, ask the company whether they would be using coal -tar -based sealants. Alternative sealants that do not contain coal tar are available for a comparable price. If they will not use an alternative sealant, tell them they cannot do business in Roseville. A person could face a fine and imprisonment if they are found guilty of violating the ordinance. Roseville joins Maplewood, White Bear Lake and several other communities to ban coal -tar - based sealants. More information about coal -tar -based sealants. CITY OF ROSEVILLE REQUEST FOR COUNCIL ACTION Date: 06/13/11 Item No.: Department Approval Acting City Manager Approval Item Description: Adopt an Ordinance Regulating the Use of Coal Tar Based Sealers Page 1 of 2 BACKGROUND 2 The City Council discussed the impacts of coal tar based driveway sealers at its May 23, 3 2011 meeting. The Council directed staff to bring the draft ordinance back for adoption a along with an ordinance summary for approval at a June council meeting. 6 The Public Works Environment and Transportation Commission recommends the City 7 Council adopt an ordinance banning the use of coal tar based driveway sealants. These P sealants are receiving considerable attention at the MPCA due to the potential health hazards �) that exist when they end up in storm water pond sediments. This type of driveway sealant i o was more prevalent in years past. The coal tar sealer flakes off from driveways over time i i and storm water runoff carries the material to storm water ponds. The coal tar sealants 12 contain polycyclic aromatic hydrocarbons (PAH) which are known carcinogens. Due to the 13 toxic nature, the sediments from storm water ponds are now required to be tested and is classified for disposal. When certain levels of these substances are found the sediments need i , to be disposed of in hazardous materials landfills. This is very costly and is a metro wide 16 problem, especially in the first and second tier suburbs as these materials were applied to 17 driveways for many years. We have found these substances in two recent pond maintenance is projects completed by watershed districts in Roseville. Oasis Pond restoration project ig completed by Rice Creek Watershed District and the William Street Pond project completed 23 by Capitol Region Watershed District had high levels of PAH and required disposal at significantly high cost. The Legislature considered a state wide ban on coal tar based sealant products in 2010 but did not pass legislation. There was no legislation introduced in this year's legislative session. Coal tar sealers are no longer sold by most hardware stores and home improvement stores. They are still available and are being marketed by door to door driveway coatings contractors. Staff requested the City Attorney modify the League of Minnesota Cities model ordinance, which allowed diluted coal tar sealers, to reflect a total ban on coal tar emulsions similar to ordinances adopted in White Bear Lake, Maplewood, and other communities. Attached is the Attorney reviewed draft ordinance for adoption. (Attachment A) We have also attached an ordinance summary for publication. (Attachment B) Page 2 of 2 POLICY OBJECTIVE The City's Comprehensive Plan and the Comprehensive Storm Water Management Plan discuss the importance of protecting the city's water resources and the health, safety, and welfare of city residents. This ordinance is consistent with those objectives. FINANCIAL IMPACTS The adoption of this ordinance should not have a negative impact on city budgets or operations. STAFF RECOMMENDATION Staff recommends the Council adopt the attached ordinance banning the use of coal tar base sealers in Roseville and approve the ordinance summary for publication. The Public Works Environment and Transportation Commission also recommends the city ban the use of coal tar based driveway sealers in the City of Roseville. REQUESTED COUNCIL ACTION Motion adopting an ordinance, Chapter 410 Banning the Use of Coal Tar Sealants and approving the ordinance summary for publication. r� Prepared by: Duane Schwartz, Public Works Director Attachments: A. Draft Ordinance B. Ordinance Summary 24 CITY OF WHITE BEAR LAKE §511.010 PUBLIC HEALTH, WELFARE AND SANITATION §511.020 V. PROHIBITING THE USE AND SALE OF COAL TAR -BASED SEALANTS §511.101. PURPOSE. The City of White Bear Lake highly values lakes, rivers, streams and other bodies of water as natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt surfaces is a common maintenance practice. However, scientific studies on the use of pavement sealers have demonstrated a relationship between stormwater runoff and certain health and environmental conditions, including the presence of Polycyclic Aromatic Hydrocarbons, a known carcinogen. The purpose of this ordinance is to regulate the use of sealer products within the City of White Bear Lake, in order to protect, restore, and preserve the quality of its waters. Further, it is the purpose of this ordinance to enhance compliance with the application prohibition through regulating sale of certain products. §501.020. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning:. ASPHALT -BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to refine coal. COAL TAR -BASED SEALER. A sealer material containing coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area. CITY. The City of White Bear Lake. PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. §511.030 PUBLIC HEALTH, WELFARE AND SANITATION 25 §511.030. USE OF COAL TAR -BASED SEALER PROHIBITED. Subd. 1. No person shall apply any coal tar -based sealer to any driveway, parking lot, or other surface within the City of White Bear Lake. Subd. 2. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar -based sealer to any driveway, parking lot, or other surface within the City. Subd. 3. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar -based sealer to any driveway, parking lot, or other surface within the City. A person who owns property on which a coal tar -based sealer is used is presumed to have used a coal tar -based saler in violation of this section. §511.040. SALE OF COAL TAR -BASED SEALER RESTRICTED Subd. 1. A person may not sell a coal tar -based sealer product within the City, unless: a) The sale is to a person who intends to use the coal tar -based sealer outside the City's planning jurisdiction; and b) The seller requires the purchaser to complete and sign a form provided by the City that includes: 1. The name, address, and phone number of the purchase, 2. The date of the purchase, 3. The quantity of coal tar -based sealer purchased, 4. A statement that the coal tar -based sealer will not be used within the City of White Bear Lake, and 5. An affirmation by the purchaser that the information on the form is correct, and 6. The seller retains the completed form for a period of not less than two years and allows the City to inspect or copy of the form upon request. §511.050. ASPHALT -BASED SEALCOAT PRODUCTS. The provisions of this ordinance shall only apply to use of coal tar -based sealer in the City and shall not affect the use or sale of asphalt -based sealer products within the City. §511.060 PUBLIC HEALTH, WELFARE AND SANITATION §511.060. PENALTY. Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case. 26 §511.070. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. (Ref. Ord. 10-4-1069, 4/27/10) 27 Blue Star Program Assessment - Section One: Planning & Preservation Page 1 of 2 (http ://www.bluestarmn. org/) Blue Star Program • Home (/) • About (/about) • News (/news) • Participating Communities (/participating communities) • Leaderboard (/leaderboard) • Register (/users/new) • Contact (/contact) Section One: Planning & Preservation Previous section Bonus You can earn extra points toward your Blue Star Award with these bonus questions. 1) Has your community adopted a stable funding mechanism (/elossary#stable funding mechanism) for land acquisition of high quality natural resource and/or riparian buffer areas within the last io years? Yes (1 point) 2. ,.o No (o points) 3. _ I don't know / not specified (o points) 2) Are your community's wellhead protection areas (/glossary#wellhead protection area) mapped - and are these maps referred to during development review? 1. Yes - mapped and referred to during development review (2 points) 2. =: Yes - our wellhead protection areas are mapped (1 point) 3. 0 No (o points) 4. C) I don't know / not specified (o points) 5. (D Not applicable in my community Return to dashboard 2s http://www.bluestarmn.orglsurveyslsection_one—planning—amp—preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 2 of 2 Your Account Logged in as jstruve@ci.edina.mn.us, representing Edina. View your dashboard (/dashboard) Log out Glogout) • Need Assistance? For help with the assessment or other questions, please contact Trevor Russell at 612-222-2193 x18 or at info(Muestarmn.org (mailtwinfoC�bluestarmn.org?subject=Blue Star MN assistance) . @2010 B1ueStarMN.org 29 http://www.bluestarmn.orglsurveyslsection_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 1 of 3 (hi!p://www.bluestarmn.orjz/) Blue Star Program • Home (/) • About (/about) • News (/news) • Participating Communities (/participating communities) • Leaderboard (/leaderboard) • Register (/users/new) • Contact (/contact) Section One: Planning & Preservation Part A: Water Friendly Development Patterns An important component of excellence in stormwater management is utilizing water -friendly development strategies. In Part A — take a look at how your community scores in providing design flexibility for new developments, re -using previously developed sites, and encouraging the use of low - impact development techniques. These are some important strategies that allow communities to maximize growth while protecting natural resources. 1) Does your community comprehensive plan allow the following sprawl -limiting strategies? (Select all that apply) 1. M Mixed-use development (,[glossary#mixed use development) (1 point) 2. ✓ Compact development (,[glossary#compact development) (greater than 3 units/acre) (1 point) 3. El Transfer of development rights (/glossary#transfer of development rights) (1 point) 4. M Redevelopment of underutilized previously developed sites (1 point) 5. M Other applicable (1 point) 6. F1 No (o points) 7. El I don't know (o points) Please specify 30 http://www.bluestarmn.org/surveys/section_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 2 of 3 1. 2) Allow for Planned Unit Developement (PUD). Does your community have any of the following incentives specifically targeted to `brownfield' development and redevelopment sites? (Select all that apply — then check appropriate score box below) 1. 2. Density bonus (/glossary#density Funding for remediation (/glossary#funding bonus) for remdiation) 3. Streamlined permitting (1glossary#streamlined permitting) 4. Reduced impact fees (/glossary#reduced impact fees) 5. Tax increment financing (/glossary#tax increment financing) 6. El 2 of the above incentives (2 points) 7. El 3 or more of the above incentives (3 points) 8. M Not applicable in my community 3) Does your community require or encourage Low Impact Development (LID) (/glossary#low impact development) , decentralized stormwater management, and/or Better Site Design (BSD) (/glossary#better site design) standards for new development and redevelopment? 1. Required for new development and redevelopment (3 points) 2. Required for new development only (2 points) 3. :o Encouraged for new development and/or re -development (1 point) 4. 1,J No (o points) 5. ':'.i I don't know / not specified (o points) Next part • Your Account 31 http://www.bluestarmn.orglsurveyslsection_one—planning—amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 3 of 3 Logged in as jstruve@ci.edina.mn.us, representing Edina. View your dashboard (/dashboard) Log out (Ilogout) • Need Assistance? For help with the assessment or other questions, please contact Trevor Russell at 612-222-2193 x18 or at info(a)bluestarmn.org (mailto:info(&bluestarmn.org?subject=Blue Star MN assistance) . ©2010 B1ueStarMN.org 32 http://www.bluestannn.orglsurveyslsection_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 1 of 4 (hnV:j/www.b1uestarrnn.org/) Blue Star Program • Home(/) • About (/about) • News Unews) • Participating Communities (/participating communities) • Leaderboard (/leaderboard) • Register (/users/new) • Contact (/contact) Section One: Planning & Preservation Previous section Part B: Natural Resource Preservation & Management Clean Water is often a reflection of the health of the land. In Part B — assess how your community protects riparian areas, wetlands, forest and other important natural features. By planning ahead of time to protect sensitive lands, communities can help enhance natural resources and prevent runoff pollution before it starts. I) Does your community comprehensive plan include an inventory of high quality natural resource areas and are land -use decisions guided by the inventory in order to protect these areas from development? 1. o) Yes, inventory used to guide protection (4 points) 2. C. Yes, inventoried (i point) 3. DNo (o points) 4. r I don't know / not specified (o points) 2) Does your community allow filling for development within the floodplain and if so, are restrictions imposed excluding storage of hazardous materials (lglossary#hazardous materials) and requiring compensatory storage (/glossary#compensatory storage) for fill? No fill within FEMA and locally defined floodplain allowed (4 points) 33 http://www.bluestannn.org/surveys/section_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 2 of 4 2. No fill within FEMA floodplain allowed (3 points) 3. ;qW Fill allowed with the above restrictions (2 points) 4. Fill allowed without restrictions (-1 point) 5. I don't know / not specified (o point) 3) What is the minimum width of vegetated wetland buffers (/glossary#vegetated wetland buffers) required for new developments in your community? 1. Minimum of 25 feet for all wetlands but increase with quality and function of the resource. (3 points) 2. Minimum of 25 feet for all wetlands (1 point) 3. ,.o No standard / I don't know / not specified (o points) 4) What is the minimum width of stream buffers Gglossary#vegetated stream buffers) required for new developments in your community? 1. , Minimum of loo ft feet for all streams (4 points) 2. . Minimum of 70 feet for all streams (3 points) 3. Minimum of 50 feet for all streams (2 points) 4. o, Minimum of 25 feet for all streams (1 point) 5. No standard / I don't know / not specified (o points) 6. 0 Not Applicable in my community Do those buffer standards include any floodplain, steep slope, vegetation or resource quality considerations? 1. El Additional buffer width to encompass loo -year floodplain 2. 0 Additional buffer width in areas with steep slopes (9% or greater) 3. 0 Buffer language clearly specifies vegetated cover requirements 4. El Expanded stream buffer requirements for sensitive resources, such as trout streams and/or ORVWs? 5. D One of the above (1 point) 6. 2 or more of the above (2 points) 7. 0 Not Applicable in my community 5) 34 http://www.bluestarmn.orglsurveyslsection_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 3 of 4 Does your community protect high quality or sensitive wetlands through a Resource Management Plan (fglossary#resource management plan) or Wetland Management Plan (/glossary#wetland management plan) ? 1. `_: Yes, plan exceeds state standards (2 points) 2. .,o, Yes, plan meets state standards (1 point) 3. No (o points) 4. I don't know / not specified (o points) 5. _ Not applicable in my community 2) Does your community encourage the establishment and sustainability of urban forests through the following strategies: (select all strategies that apply, then check appropriate score box below) 1. M Insect & disease control 2. W Increased care during establishment (/glossary#increased care during establishment) 3. 17 Encouraged boulevard tree establishment 4. 0 Increased indigenous diversity Uglossary#increased indigenous diversity) 5. El Tree protection and replacement ordinance (/glossary#tree production and replacement ordinance) 6. 2 of the above strategies (1 point) 7. L 3 of the above strategies (2 points) 8. El 4 or more of the above strategies (3 points) 7) Does your community have land use protections and/or development restrictions that preserve steep slopes (18% or greater) in a stable, undisturbed vegetated state (/glossary#stable undisturbed vegetated state)? 1. -) Yes (2 points) 2. A) No (o points) 3. ,_) I don't know / not specified (o points) 4. i_) Not applicable in my community Does your community require stormwater infiltration to be implemented, consistent with the Minnesota Department of Health guidelines ossary#mdh guidelines) , in wellhead protection areas (/.glossary#wellhead protection area) ? 35 http://www.bluestarmn.org/surveys/section_one_planning_amp_preservation/pTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 4 of 4 1. ,,o Yes (2 points) 2. No (o points) 3. ; I don't know / not specified (o points) Next part » • Your Account Logged in as jstruve@ci.edina.mn.us, representing Edina. View your dashboard (/dashboard) Log outsjlogout) • Need Assistance? For help with the assessment or other questions, please contact Trevor Russell at 612-222-2193 x18 or at info(&bluestarmn.org (mailto:info(&bluestarmn.org?subject=Blue Star MN assistance) . ©2010 B1ueStarMN.org Kip http://www.bluestarmn.orglsurveyslsection_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 1 of 3 (http:jjwww.b1uestarmn.org/) Blue Star Program • Home(/) • About (/about) • News (/news) • Participating Communities (/participating communities) • Leaderboard (/leaderboard) • Register (/users/new) • Contact (/contact) Section One: Planning & Preservation Previous section Part C: Stormwater Management Funding & Incentives Clean water is an important investment for safe and healthy communities. In Part C, your community can score points for funding mechanisms that help that build, maintain and improve stormwater management systems. 1) Does your community have any of the following ongoing stormwater management funding mechanisms? 1. 1Z Stormwater Utility User Fee (/glossary#stormwater utility user fee) 2. El Other applicable 3. v Yes (3 points) 4. r-1 No (o points) 5. El I don't know / not specified (o points) Please specify 37 http://www.bluestarrnn.orglsurveyslsection_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 2 of 3 1. 2) Does your community have any of the following expanded infrastructure stormwater management funding mechanisms? i. Stormwater Connection Fee (/glossary#stormwater connection fee) 2. Stormwater Special Assessment (/glossary#stormwater special assessment) 3. Stormwater Tax District (/glossary#stormwater tax district) 4. Other applicable 5. D Yes (i point) 6. D No (o points) 7. I don't know / not specified (o points) Please specify 1. 3) For existing/developed sites, does your community allow for on-site reductions in stormwater fees for the retrofitting of stormwater management practices? i. f_) Yes, for commercial, industrial and residential (2 points) 2. (_:1 Yes, only for commercial and industrial (i point) 3. o) No (o points) 4. _ I don't know / not specified (o points) Next part N 38 http://www.bluestarmn.org/surveys/section_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section One: Planning & Preservation Page 3 of 3 Your Account Logged in as jstruve@ci.edina.mn.us, representing Edina. View your dashboard (/dashboard) Lou out jlogout) • Need Assistance? For help with the assessment or other questions, please contact Trevor Russell at 612-222-2193 x18 or at info(&bluestarmn.org (mailto:info(&bluestarmn.org?subject=Blue Star MN assistance) . @2010 B1ueStarMN.org 39 http://www.bluestarmn.orglsurveyslsection_one_planning_amp_preservationIpTL9nWYW... 8/8/2011 Blue Star Program Assessment - Section Two: Stormwater Standards & Practices Page 1 of 3 (http://www.bluestarmn.org/) Blue Star Program • Home(/) • About (/about) • News Unews) • Participating Communities (/participating communities) • Leaderboard (/leaderboard) • Register (/users/new) • Contact (/contact) Section Two: Stormwater Standards & Practices « Previous section Bonus You can earn extra points toward your Blue Star Award with these bonus questions. 1) Do your community development standards require soil ripping (/glossary#soil ripping) at least 1 - 2 feet deep after mass grading (/glossary#mass grading) is complete for all soil types where appropriate? 1. Yes (2 points) 2. 4) No (o points) 3. _) I don't know / not specified (o points) 2) Do your community development standards require or recommend adding a soil amendment (/glossary#soil amendment) where appropriate? 1. Amendments required (3 points) 2. Co Amendments recommended (i point) 3. 0 No (o points) 4. _) I don't know / not specified (o points) 3) 40 http://www.bluestarmn.org/surveys/two_stormwater_standards_amp_practiceslWkeMGxm... 8/8/2011 Blue Star Program Assessment - Section Two: Stormwater Standards & Practices Page 2 of 3 Does your community allow the use of trees and native vegetation to count towards your community volume control standards? i.Yes (2 points) 2. No (o points) 3. _ I don't know / not specified (o points) 4) Does your community have stormwater water reuse standards and/or incentives for stormwater reuse? 1. Yes (i point) 2No (o points) 3. I don't know / not specified (o points) 5) Does your community encourage or require any of the following water conservation strategies: (select all that apply) 1. EJ Smart irrigation systems (,[glossary#smart irrigation systems) that track weather patterns and mitigate unnecessary watering (1 point) 2. J The use of low-water vegetation (/glossary#low water vegetation) (1 point) 3. Even/odd watering bans (/glossary#even odd watering bans) (1 point) 4. Water Conservation Rate Structure that exceeds DNR minimum requirements (1 point) 5. El Other (1 point) Please specify 1. Return to dashbwd " 1 • Your Account 41 http://www.bluestarmn.org/surveys/two_stormwater_standards_amp_practiceslWkeMGxm... 8/8/2011 Blue Star Program Assessment - Section Two: Stormwater Standards & Practices Page 3 of 3 Logged in as jstruve@ci.edina.mn.us, representing Edina. View your dashboard (/dashboard) Log out (/logout) • Need Assistance? For help with the assessment or other questions, please contact Trevor Russell at 612-222-2193 x18 or at info(a)bluestarmn.org (mailtwinfo(&bluestarmn.org?subject=Blue Star MN assistance) . @2olo B1ueStarMN.org 42 http://www.bluestarmn.org/surveysltwo_stormwater_standards_amp_practiceslWkeMGxm... 8/8/2011 Blue Star Program Assessment - Section Two: Stormwater Standards & Practices Page 1 of 3 (hLtp://www.bluestarmn.orgl) Blue Star Program • Home(/) • About (/about) • News (/news) • Participating Communities (/participating communities) • Leaderboard (/leaderboard) • Register (/users/new) • Contact (/contact) Section Two: Stormwater Standards & Practices Part D: Impervious Cover Management Impervious surfaces like parking lots, side walks and driveways contribute vast amounts of runoff to nearby surfaces waters every year. In Part D, look at how your community manages impervious cover. Note: some of the best -management approaches below are not necessarily things your community must require or mandate. Some of questions ask simply whether or not your community encourages or even allows these practices in appropriate situations. 1) Does your community allow proof -of -parking (/elossary#proof of parking) or shared driveways (/glossary#shared driveways) to minimize impervious surface? 1. Yes (1 point) 2. C, No (o points) 3. =) I don't know / not specified (o points) 2) For retail/shopping areas larger than 1o,000 sq ft of floor space, what is your minimum allowed required parking ratio for (per 1000 ft2 of gross floor area)? 1. I'D Fewer than 3.5 parking spaces (3 points) 2. 3.5 to 4.0 parking spaces (2 points) 3• 0 4.1 to 4.5 parking spaces (1 point) 43 http://www.bluestarmn.org/surveysltwo_stormwater_standards_amp_practiceslWkeMGxm... 8/8/2011 Blue Star Program Assessment - Section Two: Stormwater Standards & Practices Page 2 of 3 4. :o Greater than 4.5 parking spaces (o points) 5. We have a maximum parking ratio of 4.0 or less (4 points) 3) What is your minimum required office building parking ratio (per 1000 ft2 of gross floor area)? 1. < Fewer than 3.0 parking spaces (3 points) 2. 3.0 to 3.5 parking spaces (2 points) 3• 3.6 to 4.0 parking spaces (1 point) 4. ,o Greater than to 4.0 parking spaces (o points) 5. We have a maximum parking ratio of 3.5 or less (4 points) 4) What is your minimum stall width for standard parking spaces (/glossary#standard parking) ? 1. ia) 9 feet or less (2 points) 2. _i 9.1 to 9.9 feet (1 point) 3. Greater than 9.9 feet (o points) 5) For new residential lots, does your community require or encourage impervious surfaces like roofs and driveways to drain to vegetated areas (/glossary#drain to vegetated area) ? 1. C=? Required (3 points) 2. ,o Encouraged (1 point) 3. <<_' No (o points) 4. :_ I don't know / not specified (o points) 5. <_? Not Applicable in my community 6) Does your community require or encourage, where feasible, parking area landscaping to be used for bio -retention of stormwater volume and/or water quality management? 1. Required (3 points) 2. Encouraged (1 point) 3. No (o points) 4. I don't know / not specified (o points) Next part 44 http://www.bluestarmn.org/surveysltwo_stormwater_standards_amp_practiceslWkeMGxm... 8/8/2011 Blue Star Program Assessment - Section Two: Stormwater Standards & Practices Page 3 of 3 Your Account Logged in as jstruve@ci.edina.mn.us, representing Edina. View your dashboard (/dashboard) Log out Glogout) • Need Assistance? For help with the assessment or other questions, please contact Trevor Russell at 612-222-2193 x18 or at infoObluestarmn.org (mailto:info(&bluestarmn.org?subject=Blue Star MN assistance) . ©2olo B1ueStarMN.org 45 http://www.bluestarmn.org/surveys/two_stormwater_standards_amp_practiceslWkeMGxm... 8/8/2011 July 26, 2011 «BUS—NAMED ((CONTACT)) ((BUS—ADDRESS)) ((CITY)) ((STATE)) ((ZIP)) To Whom It May Concern: The Edina Energy and Environment Commission is considering changes to Edina City Code 1300 which would require refuse haulers to provide information three or four times a year as part of the license requirement for hauling in Edina. Enclosed is the proposed reporting form that the Edina's Energy and Environment Commission is considering. This form reflects the proposed changes to Edina City Code. Please review the form and submit your comments in writing to me at swilmot@ci.edina.mn.us by August 22, 2011. Your comments will be compiled and forwarded to the Energy and Environment Commission's Recycling and Solid Waste Working Group for their consideration on Thursday, September 1, 2011 meeting. The outcome of that meeting will be forwarded to the Energy and Environment Commission on Thursday, September 8th, 2011,7:00 p.m. meeting. Thank you for your input. Sincerely, Solvei M. Wilmot, R.S. Environmental Health Specialist Recycling Coordinator Edina Health Department swilmot@ci.edina.mn.us 952-826-0463 Enclosures: Solid Waste Abatement Report Form — Draft City of Edina Code 1300 — proposed changes 46 7-31-11 Eco Yard & Garden Tour and Plant Sale Accounting Sponsored by Edina Energy & Environment Commission Accounting Prepared by Dianne Plunkett Latham Receipts $490 - Advance sales @ $10 = 48 at City Hall ($130 cash & $350 checks) plus 1 at Latham's ($10 check) $415 - Day of tour @ $15 = 27 at Latham s site $ 60 - Day of tour @ $15 = 4 at Campbell site $ 13 - Donations on day of tour at Latham site -0- - 34 Complimentary tickets (10 Hosts, 14 Site Monitors, 10 City Council) 140 — Plant sale at Latham Site $1,118 Total Revenue ($640 Cash plus $478 in Checks) Expenses $59.00 for 250 tickets + $1.32 postage = 60.32 Net Proceeds $1,118.00 - $60.00 = $1,058.00 Publicity was published in the following: Edina Sun Current 7-14-11 front page article Edina Magazine article in July issue About Town inside cover July issue Mpls Star Tribune 7-6-11 West Extra Briefly column article Mpls Star Tribune garden tour calendars for 7-20-11 and 7-27-11 Site Attendance: 79 ticket sales plus 34 complimentary tickets = 113 Latham Site — Total 98 12:30-1:00-10 1:00 —2:00-35 2:00 —3:00-36 3:00 —4:00-8 4:00 —5:00-9 Nelson Site — Total 69 Moon Site — Total 35 79 ticket sales with 58 identifiable participants (wrote check or personally known to DP Latham) from the following cities: 45 Edina 4 Mtka 3 Albert Lea 2 Eden Prairie 2 Golden Valley 2 Mpls Cf/ Proposed Agenda for 9-20-11 EEC/City Council Work Session Draft of 8-07-11 I. Recycling & Solid Waste Working Group (20 min) A. Proposed 1300 Licensing Ordinance Amendments (approved at 6-9-11 EEC mtg) and proposed licensing report form (approved at 7-21-11 EEC mtg). B. Recommendations for Municipal Recycling 1. City park Recycling bins recommendation (approved at 7-21-11 EEC mtg). 2. Resolution on bottled water. 3. Resolution on municipal organics recycling. II. Turf Management Task Force Report Amendment Recommendation (10 min) (approved at 7-21-11 EEC mtg and to be considered at 9-13-11 Pk Bd with comments due from Community Health Committee on 9-9-11) I1I. Energy Working Group - Property Assessed Clean Energy (PACE) (20 min) (Resolution approved at 7-21-11 EEC mtg). Note: This will only be scheduled if it has not already been on the August 16 City Council agenda. IV. Air Quality Working Group (20 min) A. Proposed 850.07 Drive Through Ordinance Amendments (See attachment to 8-11-11 EEC agenda) B. No Engine Idling Sign Proposal V. Water Quality Working Group (20 min) A. Coal Tar Ordinance Proposal (See attachment to 8-11-11 EEC agenda) VI. Benchmark Report - ULI Pilot within a Pilot and B3 data (5 min) VII. Approve revised GreenStep Cities best practice selections (5 min) VIII. Organized Hauling Update (20 min) Note: This item will be on the agenda if PACE is not on the agenda 1. City Survey results on organized hauling (see attachment to 7-21-11 EEC agenda) 2. LWVE Study (See LWVE attachment to 6-9-11 EEC agenda) Future Work Session with Council I. Purchasing — EEC needs to approve revised policy after staff comments are incorporated. II. Energy Working Group A. Proposed Solar/Wind Ordinance III. Recycling & Solid Waste A. Organized Hauling IV. Urban Forest Task Force Report 48 PURPOSE: The Air Quality Working Group of the Edina Energy and Environment Commission makes the following recommendations for amendments to Edina City Code 850 for the purpose of reducing toxic emissions, improving air quality, promoting walking and biking, and decreasing car dependence. The amendments also enable Edina to comply with GreenStep Cities reporting requirements. Proposed Edina City Ordinance Amendments for Section 850 - General Requirements Applicable to all Districts Except as Otherwise Stated. Subdivision 14 Drive -Through Facility Standards. A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served. 1. Financial institutions: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 2 stacking spaces per bay 4.3: All other uses: 4 stacking spaces per bay B. Location of Stacking Space. 1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces. 3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep. 49 D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service windows and two audio systems and menu boards. F.G. Menu board and audio system shall not be located on a side of a building that faces single-family residential homes or property zoned single-family residential. G. Setback Requirement. Drive-through facilities must be located at least 300 feet from single-family residential homes or property zoned single-family residential. H. Non -Idling Signs. Non -Idling signs must be posted in view of patrons in all drive- through lanes. I. Traffic & Circulation. Drive-through facilities shall be subject to Subdivision 6 of Section 850.08 of the Ci , Code. J. Traffic Impact Study. A traffic impact study assessing the following must be prepared: 1. Current traffic conditions of areas within 1000 feet of the proposed location that investigate averagepeak volume, speed, sight lines, and accident information. 50 8.3.11 2. Average annual trafficrg owth. 3. Projected impacts of development, including peak and daily, tri increases and needed traffic control measures. 4. The need for future plans to mitigate traffic increases and safely threats through design so that the level of service prior to development is the minimum standard for post -development traffic. 5. Any other information the Engineer requires to determine if the orderly and safe movement of traffic is maintained K. Air Quality Standard. Drive-throughs must be closed if the Air Quality Index exceeds a rating of 101, as determined by the Minnesota Pollution Control Agency_ 850.16 Planned Commercial District (PCD). Subd. 2 Principal Uses in PCD -1. Restaurants, but excluding "drive ins" and drive through facilities, other dm;wailewed in seefi6ft MOW;, Subd. . . Subd. 7 Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive through facilities, except those accessory to financial institutions. Produce stands pursuant to a permit issued by the Manager 51 Section 850-1.07 Subd. 14 Drive Through Facility Standards History On September 1, 2009 Edina City Council approved an amendment to the City's zoning ordinance that allowed restaurants to sell coffee, non-alcoholic beverages, pastries and donuts via drive-through windows in PCD -1 zoning districts. This action expanded drive- through use significantly as the PCD -1 zoning district only permitted financial institutions, car washes and pharmacies to use drive-through windows for sales and services. The amendment change was driven by a specific development plan for 4420 Valley View Road, the former Clancy's Drug store site. Proposed by the owners of Prima Restaurant' and Bull Run Coffee, the amendment change was never actually utilized; the proponents failed to occupy the property. The original motivation for the amendment change does not exist. Additionally there are currently no businesses that are actively pursuing this marketing option in any of the City's PCD -1 zones. While all of the PCD -1 zones were influenced by this amendment change, only residents in the PCD -1 zone near Valley View and Wooddale were notified about the expansion of marketing options for drive -though windows. Residents in the other PCD -1 zones were not notified and did not have the opportunity to weigh in on the legislation. There are four other PCD -1 zones at the following sites: the intersection of HWY100 and Eden Avenue; area near Amundson Avenue and Cahill Road; Londonderry and Lincoln Drive, the 44th and France area, and the 54th and France area. Of the 11 cities surveyed by city staff in 2009, six cities (Apple Valley, Lakeville, Richfield, Plymouth, Wayzata, Falcon Heights) did not allow drive-through windows in neighborhood commercial districts. Of the 11, five had deeper setbacks from residential lots then Edina's 20 ft setback, including Wayzata at 50 ft from the building, St. Louis Pk and Minnetonka at 100 ft, Richfield at 150 feet and Plymouth at 300 ft. Issues Expanding the products that business establishments can market through drive-through windows encourages drive-through construction. This amendment, while motivated by one particular development proposal applies, a proposal that never came to fruition, 1 At the time of this amendment Prima Restaurant existed in Minneapolis on Lyndale Avenue. The owners of this establishment wanted to open up another restaurant on the Clancy's site. In initial documents and testimony owners called this restaurant "Prima" as well. Later they referenced it as "Primi." 52 introduces potential for significant change in four other Edina neighborhoods. Encouraging drive-through establishments is problematic for the following reasons: • Increased engine idling which compromises air quality • Greater automobile traffic and congestion • Reduced incentives for pedestrian and bike traffic • Legislation at odds with GreenStep Cities Proposed Actions In addition to eliminating sales of beverages and food from the ordinance, the EEC proposes the following changes: a. Increasing the setback from residential areas to 300 feet b. Posting of non -idling signs in the setback zone c. Requiring a traffic study prior to approval d. Requiring drive-through windows to close if the Air Quality Index exceed sa rating of 101, as determined by the Minnesota Pollution Control Agency. The Minnesota Pollution Control Agency advocates no engine idling — see link: http://www.pca.state.mn.us/index.php/view-document.htmI?gid=8906 53 Air Quality Working Group (AQWG) Proposal for No Vehicle Idling Signs in Municipal Parks and Other Public Spaces Summary: As part of the Air Quality Working Group's efforts to improve air quality, the AQWG is promoting a public awareness campaign to decrease vehicle idling by posting signage at specific municipal locations. Problem: Vehicle idling frequently occurs at municipal venues, particularly public parks. During the winter months, people waiting for athletes often allow engines to idle in order to keep their vehicles warm. During the summer months they idle their engines to keep cars cool. At other times, temperature may not be a factor; vehicle idling can be an unnecessary habit. At parks, vehicle idling is particularly problematic as it happens in lots that are frequently located adjacent to athletic fields, resulting in compromised air for the athletes as well as spectators. Engine idling happens at other municipal venues as well, including the Edina Art Center and the Edina Senior Center. Suggested Locations: Below is a listing of municipal venues and the number of signs the AQWG would like to have posted. Given limited resources, it may not be feasible to post the suggested number of signs in all of these locales. It may make sense to start this effort by posting no idling signs on signposts that will be put in to indicate which athletic fields in Edina are chemically free fields. Parks that have an asterisk next to them are the ones that will have this chemically free signage. 2 — Alden Park* 2- Arden Park* 3- Arneson Acres 6- Braemar Park 3 — Bredeson Park 1— Bristol Park 1- Browndale Park 2- Birchcrest Park* 4- Centennial Lakes 1— Chowen Park* 2 — Cornelia School Park* 3- Countryside Park 54 I- Creek Valley School Park* 5 — Edinborough Park 2 — Fox Meadow Park 2 — Frank Tupa Park — historical site* 4 — Fred Richards Golf Course 4 — Garden Park (including Addition) 1— Grandview Square 3 — Heights Park* 4- Highlands Park 2 — Kojetin Park* 1- Krahl Hill 2 — Lake Edina Park 3- Lewis Park 2 — Lincoln Drive Floodplain 1— McGuire Park 1— Melody Lake Park 2 — Normandale Park 4 — Pamela Park 5 — Rosaland Park 1— Sherwood Park* 1—St. John's Park* 3 — Strachauer Park* 3 —T. Lea Todd Park* 2 —Tingdale Park* 1— Utley Park 4 —Van Valkenburg Park 3 —Walnut Ridge Park* 3 — Webber Field Park 1— Williams Park — historical site* 2 — Wooddale Park 2 —York Park* 1— Yorktown Park 1—Edina Art Center* 3 - Edina City Hall 1— Public Works building 4 — Senior Center Total number of signs —115 NOTE: Parks with an asterisk (*) are spaces designated as places where organic treatment can be used to control weeds. This designation was made by the EEC Turf Management Task Force. 61i Cost: Cost for 125 signs from Safety Signs 1,718.75 (plus shipping and handling 145.30) total 1864.05 Cost for 125 from Road Traffic Signs 1868.75 (plus shipping and handling 181.78) total 2050.53 Note: this figure does not include installation or the cost of nuts and bolts as well as 6' high fence posts. Note: to date the AQWG has not discussed the possibility of in-house signage design. This possibility was recently brought to our attention. If possible it could result in cheaper signs as well as signage that is specific to our community. Options: Below are examples of signage. As the City of Edina does not have a policy on engine idling, signage needs to be encouraging not demanding. A "Please turn of your engine" message rather than a "Engine idling prohibited" Safety Signs Company http://www.safetysign.com/search.php?keywords=no+idling IDLING YOUNG LUNGS AT WORK Al NO -IDLE ZONE it All Ad*er Air UP To Cko IDLE -FREE ZONE Protect our children TURN OFF YOUR ENGINE For a 12 x 18" Reflective Aluminum sign this would cost 15.75/sign with an order of 20. With an order of 40 the price goes to 13.75/sign 57 Road Traffic Signs company httg_//www.roadtrafficsigns.com/RT/No-Idling- Signs.aspx?engine=adwords&keyword=No+- +Idling+Signs&gchd=CKyRp0 PtKoCFQVrKgodwD6m7w l I -so ilk CLEAN AIR ZONE If NO IDLING Children Breathing NO -IDLE ZONE It All Adds Up to Cleaner Air There are different types of these signs — Aluminum and Engineer Grade both come in 12" x 18" For the aluminum one signs are 13.45/sign if the order is over 20 For the Engineer Grade the signs are 14.37/sign if the order is between 20-39, oddly the price goes up to 14.95 if the order is over 40 58 Other Examples: Turn off your engine T� KIDS iREATHE HEFI ..I is YOU Ain. http://www.best-money-saving- tips.com/fue1economy.htm1 59 *D DrWers, stop your engined Clean Airione Turn Of Your Engine BNEATNE BETTEN SASE MONEY N.C. DIviSWn 0 Air QuaNty www.ncrlr4" IDLING Is Fuell*sh Ifs nle LAW 60 Media Advisory Edina Community Forum Clean Air and Your Health: The Power of EPA Actions and Federal Legislation WHAT: Public forum to learn about recent and pending actions by the EPA to strengthen the Clean Air Act and congressional attempts to block this action. Forum will provide attendees opportunities to learn about the health and economic benefits of clean air and to ask questions. Attendees will also learn about activities in Edina related to clean air, energy and the environment as well as ways to let their voices be heard by the EPA and Congress. WHY: The Environmental Protection Agency has proposed a number of stronger limits on pollutants such as mercury, soot and smog. 800,000 Americans urged the EPA to strongly regulate mercury emissions from power plants yet attempts are still underway to block final implementation. WHEN: 7:00 — 8:30 p.m. August 10, 2011 WHERE: Edina Public Works 7450 Metro Blvd. Edina, MN 55439 SPEAKERS: ➢ Will Steger ➢ Edina Mayor James Hovland ➢ Julie Risser, Chair, Air Quality Working Group of the Edina Energy and Environment Commission ➢ Gary Botzek, Executive Director, Minnesota Conservation Federation ➢ J. Drake Hamilton, Scientist, Fresh Energy Sponsors: National Wildlife Federation, Minnesota Conservation Federation, Edina Energy and Environment Commission, Will Steger Foundation, Fresh Energy, Sierra Club, Environment Minnesota, Cool Planet, Audubon Minnesota — National Audubon Society For More Information Contact: Dawn Erlandson, National Wildlife Federation, 612-871-2786 or dawnerlandson@gmail.com 61 Recusal Procedures Recusal or to recuse oneself means to remove oneself from participation in a decision so as avoid a conflict of interest. No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. For example, if a motion proposes that the organization enter into a contract with a commercial firm of which a member of the organization is an officer and from which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion. (Robert's Rules, 10th ed., p. 394.) RECUSE FROM VOTING QUESTION: If a board member recuses himself from a vote, must he leave the meeting? If he does not, can he be asked to leave an executive meeting? ANSWER: Recusal normally occurs when a director has a conflict of interest or prejudice concerning a particular matter. A conflict of interest is any situation in which financial or other personal considerations may unduly influence the director's judgment. This includes matters such as a disciplinary action against the director for violating the CC&Rs or voting on a potential contract with a company owned by a close relative of the director. Recusal. In each case, the director has a personal interest in the outcome of the vote --an interest not shared by the other directors. In such instances, the interested director should voluntarily recuse himself by leaving the meeting so the remaining directors can freely discuss and vote on the issue. If he were to stay, his presence could inhibit discussion and influence the vote. Refuses to Leave. If the interested director does not leave voluntarily, the board can ask him to leave. If he refuses to leave, the board can adjourn the meeting to another location where they can hold the discussion and vote without interference by the interested director. Under those circumstances, the board might also consider a vote of censure against the interested director for his refusal to recuse himself. Once the vote is taken, the recused director may return to the meeting. Our Governing Body does use recusals, however, there is not one procedure that is followed by all. Usually, the Council Member announces the recusal at the beginning of the meeting or just prior to introduction of that particular item for discussion. Typically the Council Member does not participate in the discussion at all, and on occasion, the Council Member has stepped down from his/her seat and joined the audience. They usually do state a reason for the abstention or recusal, however, sometimes it is as generic as, "due to a conflict of interest". Many times the City Attorney has advised them whether or not they can abstain or recuse themselves, but they usually discuss this in the pre -meeting so it doesn't happen live or in front of the public. Jennifer Rosencranse, Administrative Services Director, City of Cody WY. The City of Lander follows Robert's Rules, but on recusals —the Council is "required" to declare the conflict and remove themselves from the room. We have also "drilled" our Mayor on these procedures and he usually follows through with the requirements. Once in a while with a new member we run into problems, and then the Mayor will politely tell them the proper procedure and we move on. If we are aware of the issue prior to the meeting we will review the procedures with the council member so that the procedures are followed and no one is embarrassed. Robin Griffin, City Clerk, Lander WY 62