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2013-03-14 Packet
DRAFT MINUTES CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thursday March 14, 2013 7:05 PM I. CALL TO ORDER 7:05p.m. 11. ROLL CALL Answering Roll Call was Brandt, Gubrud, Heer, Howard, Kostuch, Latham, Rudnicki, and Sokol Late Arrival: Thompson, Zarrin Absent: Risser, Chair Sierks Staff Present: Ross Bintner and Rebecca Foster III. APPROVAL OF MEETING AGENDA Motion made by Member Gubrud and seconded by Member Latham to approve the Agenda. Motion carried unanimously. IV. ADOPTION OF CONSENT AGENDA A. Minutes. Change "two more meetings" under motion on pg. 6 to "several". B. Attendance report and roster. No Comment. C. Workgroup list and minutes. Remove the past students and Todd Willmert from the Education and Outreach and Germana Paterlini and Peter Larson from the Energy Working Groups. Motion made by Member Gubrud and seconded by Member Rudnicki to approve the Consent Agenda with amended Minutes. Motion carried unanimously. V. COMMUNITY COMMENT. No Comments. VI. REPORTS AND RECOMMENDATIONS A. Election of Board Chair and Vice Chair Motion made by Member Latham and seconded by Member Heer to approve the nomination of Member Sierks for Chair. Motion carried unanimously. Motion made by Member Gubrud and seconded by Member Latham to approve the nomination of Member Heer for Vice Chair. Motion carried unanimously. B. Nominations for Recognition Event. Mr. Bintner explained how the EEC gets to nominate one person per their Individual Organization and they may nominate someone for the Mayor's Commendation Award for the 34th Annual Volunteer Awards Reception on April 30`h Member Zarrin arrived at 7:15p.m. 5 Motion made by Member Latham and seconded by Member Gubrud to delegate to John Heer the determination of a volunteer based on any further nominations sent in prior to April 51h and he determines which one is the best along with Chair Sierks. Motion carried unanimously. Aileen Foley was suggested later in the meeting by Member Zarrin for her volunteer efforts with the Edina Business Recycling Task Force. C. HES-Enhanced. Carl Nelson, Manager of Center for Energy and Environment, presented Home Energy Squad Enhanced, so the city can decide if it would like to participate in the new program. The CEE is a comprehensive residential energy efficiency program for the City of Edina. Home Energy Squad Enhanced is similar to the Home Energy Squad that includes a two hour visit from CenterPoint Energy and Xcel Energy to install materials such as a programmable thermostat, door weather-stripping, etc. The Enhanced program will additionally do a blower door test, other diagnostic work for major upgrade for potential energy savings, provide a Home Energy Report, a call line for follow up questions, assistance with utility rebates and financing. The City's cost would be $70 for each visit which is $50 to homeowners and $20 to CEE. The goal is to have 200 homes participate in the program for a total of $14,000 to the city. CEE coordinates the community engagement and education about the program. Motion made by Member Latham to forward to Council for the 2014 budget. Acting Chair Heer would like to do it sooner than 2014. Mr. Bintner said he has already worked it into an Energy Service budget he is proposing. He'll present that budget at the May EEC meeting. D. April 18 Event: What's Up with the Weather? Our Changing Climate in Minnesota. Jennifer Bennerotte, Communication & Technology Services Director, presented the City's different communications available for Boards and Commissions to use to promote events or other news. Mrs. Bennerotte requests that all messages are sent through Ross Bintner the EEC staff liaison. Member Thompson arrived at 7:59p.m. 1. About Town is published quarterly and is the only communication that is distributed to all households in the City and most businesses. It has a deadline of three months prior to print. 2. Videos Agenda:Edina airs daily and covers items that have been on the City Council and Boards and Commissions Agendas. 3. City Extra is a free email notification service, but residents need to subscribe to it. 4. , Social Media is available through Facebook, Twitter, YouTube and Four Square. 5. Website The City of Edina's website is its primary online communication tool. The EEC staff liaison is responsible for keeping the EEC webpage current. Mrs. Bennerotte reviewed the 2013 project deadlines for each of the communication tools. Utility Billing stuffers are the cheapest print. The April 18th event has been advertised through posters, half sheet flyer, Facebook, City's website and calendar in About Town and Agenda Edina and city extra. Acting Chair Heer suggested creating a Communications Working Group to think through communication strategy's for the EEC. Member Thompson requested $150 for refreshments. Mr. Bintner said the Community Foundation money needs to be used before the City's EEC budget. Mr. Bintner will ask about the City's Honorarium policy. E. Summary of City Environmental Goals. Mr. Bintner presented the City's Environment and Sustainability Goal Summary. The City's Mission and Vision has no sustainability in it. Mr. Bintner reviewed some City Council resolutions and City ordinances that mention environmental services or specific goals. The 2008 Comp Plan Chapter 10 relates to the 2013 Work Plan item #3. Member Rudnicki would like to see new developments be reviewed with an environmental analysis. Member Kostuch would like to see the City lead by example through own facility's and operations. Member Kostuch would like Mr. Bintner's summary to be posted on the EEC webpage. Mr. Bintner reviewed the City's core functions and where environment services fit into the City's organization. F. Air and Water Quality WG. No Comment. Laura Adler, Water Resource Coordinator, introduced herself and said she'll be working on the Wellhead Protection Plan, Storm Water Prevention Pollution Plan and Comprehensive Water Resource Management Plan. G. Education Outreach WG. Member Gubrud presented the 2013 Earth Day proclamation. Motion made by Member Latham and seconded by Member Thompson to approve the Earth Day proclamation. Motion carried unanimously. H. Energy WG. No Comment. I. Recycling & Solid Waste WG. Member Latham gave an update on some single sort complaints especially with narrow driveways due to snow there is no place to put the cart, now you can leave the cart up by the house. Also, excess cardboard not being picked up outside of cart, now it will be picked up if you bundle it or order a larger cart. i. Business recycling task force. Member Zarrin gave an update on Hennepin Court - 60f business handout will be ready next month. Allied Waste gave a presentatiown how businesses can save money while recycling. Edina Reality will be a pilot business to start a recycling program. Member Zarrin would like to replace the Edina Go Green name. The Edina Go Green will provide reusable bags with the City logo on it for the Farmers Market. 1. Student Initiatives. The Superintendent might assign a budget for hand dryers, since project earth didn't receive the grant to install them. VII. CORRESPONDENCE & PETITIONS A. Regional Indicators Report. Information only. Member Latham requested that information only items be released ASAP outside of the EEC packet to make them available to pass on. Member Rudnicki asked for clarification of the report at another meeting. VIII. CHAIR AND COMMISSION MEMBER COMMENTS. No Comment. IX. STAFF COMMENTS A. Electric Vehicle Grant. Mr. Bintner applied for an Electric Vehicle grant. Member Kostuch asked if the vehicle was going to be new or replace an existing vehicle and will the mileage usage occur to get the money back due to of the battery life? B. Earth Day Proclamation. This item was discussed under the Education Outreach Working Group update. C. 2013 EEC Meeting Schedule. Member Latham would like to add Urban Forest Task Force to April, May and June meetings. Recycling will be added in April. D. Website metrics. Information only. E. Neighborhood reconstruction seed/sod purchasing. Mr. Bintner said the City is Hydroseeding instead of using sod when restoration is needed. F. Council actions; urban forestry and turf management. The Council added the Urban Forest Task Force to the 2013 Work Plan. G. France Avenue urban design charrette. Mr. Bintner announced there is a request for volunteers to review the France Ave design. There being no further business on the Commission Agenda, Acting Chair Heer declared the meeting adjourned at 9:29p.m. Motion made by Member Latham and seconded by Member Zarrin to adjourn meeting. Motion carried unanimously. Respectfully submitted, Rebecca Foster GIS Administrator s v NAME TERM J F M A M J J A S101 N D #of Work Session Work Session At#aase96 Meetings/Work Sessions 1 1 1 3 6/18/2013 1 (enter date) Brandt, Andrew student 1 1 1 1 777W W77y Gubrud, Bob 2/1/20161 Joint Work Session 1 1 Rescheduled Meeting* Type "l " under the month on the meetings' line. Heer, John 2/1/2015 1 1 1 g ` There is no number typed on the members' lines. Howard, John 2/1/2016 1 �� Kostuch, Keith 2/1/2016 1 1 1 3 AM - Latham, Latham, Dianne Plunkett 2/1/2015 1 1 1,. Risser, Julie 2/1/20151 1 1 1 1 2 Rudnicki, Tim 2/1/2015 1 1 2 GrA Sierks, Bill 2/1/2016 1 1 .N Sokol, Elana student 1 1 1 Thompson, Paul 2/1/20161 1 1 1 100% Zarrin, Sarah 2/1/2015 1 1 1 -.3- 100%, Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w/Quorum Type "l under the month on the meetings' line. Type " 1" under the month for each attending member. Regular Meeting w/o Quorum Type " 1" under the month on the meetings' line. Type "l " under the month for each attending member. Joint Work Session Type 1" under "Work Session" on the meetings' line. Type "'I" under "Work Session" for each attending member. Rescheduled Meeting* Type "l " under the month on the meetings' line. Type "V under the month for each attending member. Cancelled Meeting Type "l " under the month on the meetings' line. Type " 1" under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. *A rescheduled meeting occurs when members are notified of a new meeting date/time at a prior meeting. If shorter notice Is given, the previously -scheduled meeting is considered to have been cancelled and replaced with a special meeting. NOTES: 9 Edina Energy & Environment Commission Working Groups, Task Forces and Projects Draft of 3-14-13 Air Quality Working Group (AQ WG) — Temporarily deactivated 9 Feb. 2012 Water Quality Working Group (WQ WG) — 4'h Thursday at 6:30pm - Chair Julie Risser — Members: Jon Moon, David B. VanDongen End Working Group (AE WG)— 3`d Tuesday at 7:00 pm —Chair Bill Sierks, Co -Chair John Heer - issioners Bob Gubrud - Members Richard Griffith, Richard Oriani, Greg Nelson, Gary Wahman, John Howard, ill Glahn, Brad Hanson, John Dolphin n r" Prospective Members 1� Chad Bell Education Outreach Working Group (EO WG) — 1" Tuesday at 7:00 pm - Co -Chairs Paul Thompson and Bob Gubrud — Members: Sarah Zarrin (EEC), John Howard Home Ene= Squad Task Force (HES) — Meets as needed - Chair Bill Sierks — Commissioners - Paul Thompson, Bob Gubrud Purchasing — Meets as needed — Chair Keith Kostuch Recyclin—a & Solid Waste Working Group (RSW WG) — ls` Thursday at 7:00 pm - Chair DP Latham, Commissioners Sara Zarrin and Tim Rudnicki - Members Michelle Horan, Melissa Seeley — City Staff Solvei Wilmot 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). Solar & Wind Ordinance Task Force —Chair Open, Members — Bill Sierks (EEC) Michael Platteter (Planning), Ken Potts (Planning) with support from the EEC Energy Working Group — City Planner Cary Teague (Staff) Bylaws Working Group — Chair Dianne Plunkett Latham (EEC), Carbon Disclosure Proiect Committee — Commissioner John Heer Edina Business Recycling — 3`d Wednesday - Chair Sarah Zarrin — Members: Lori Syverson (Chamber of Commerce), Ben Knudson (Hennepin County Environmental Services), Andre Xiong (HCES), Aileen Foley 10 CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thursday April 11, 2013 7:00 PM I. CALL TO ORDER II. ROLL CALL 111. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA A. Minutes B. Attendance report and roster C. Workgroup list and minutes V. COMMUNITY COMMENT (5min) 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 same 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. Solid Waste Licensing Ordinance Report B. Urban Forests Task Force Report C. Air and Water Quality WG D. Education Outreach WG E. Energy WG L Home energy squad task force F. Recycling & Solid Waste WG i. Business recycling task force G. Student Initiatives VII. CORRESPONDENCE & PETITIONS A. Home Energy Squad Enhanced — CEE follow up B. City Council request for 'franchise agreement change' HF1450/SF1490 EEC review C. FHA PACE decision D. EIA home energy use trend E. Golf dome energy efficiency recommendation 1 F. France Avenue urban design ETC special meeting G. Alliance for Sustainability— living streets forum invite H. Turf management report action I. Private trees, legal reference VIII.CHAIR AND COMMISSION MEMBER COMMENTS IX. STAFF COMMENTS A. Draft EEC meeting schedule UPCOMING EVENTS AND MEETINGS: http://www.edinamn.gov/ <click calendar> 4/16/13 City Council Meeting — City Hall 5/7/13 City Council Meeting—City Hall 5/9/13 EEC May Meeting — City Hall 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. CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thursday April 11, 2013 7:00 PM AGENDA ITEM 6.A Ordinance Section 1300, Collection and Disposal of Refuse and Recyclables. ATTACH M ENTS 1. Proposed ordinance revision section 1300 from recycling and solid waste work group 2. Staff report from Recycling Coordinator Solvei Wilmot AGENDA ITEM 6.6 Urban Forests Task Force ATTACH M ENTS 1. Proposed ordinance revisions, various sections. 2. Task force report 3. Emerald ash borer report from City Forester 4. Parks invasive plant management priority narrative 5. Parks invasive plant management priority list 6. Policy; plants not recommended for planting in parks AGENDA ITEM 7.A Home energy squad enhanced — Center for Energy and Environment follow up from March EEC meeting. ATTACHMENTS 1. Estimated energy, cost and CO2 savings for HES-Enhanced 2. Paul Thompson received word from ECF that $1749 is available in fund for HES-Enhanced potential 2013 program start, or to give away at April 22 EEC event. AGENDA ITEM 7.6 CC Request for EEC to review MN HF1450/SF1490 LINKS 1. httos://www.revisor.mn.gov/bills/bill.pht)?b=House&f=HF1450&ssn=0&v=2013 AGENDA ITEM 7.0 FHFA PACE Decision ATTACHMENTS 1. 9th Circuit court opinion on PACE financing tool / Fannie Mae & Freddie Mac via Jeremy Kalin 2. Bond Buyer USA article on PACE via Stephanie Galey AGENDA ITEM 7.1) EIA home energy use trend ATTACH M ENTS 1. Household electrical trends report via John Heer AGENDA ITEM 7.E Golf Dome ATTACH M ENTS 1. Letter to City Council via John Heer and Bill Sierks AGENDA ITEM 7.F France Avenue urban design ETC Special meeting NARRATIVE 1. Email invite was forwarded to EEC members between meetings, Julie Risser and Andrew Brandt volunteered and will be attending the ETC special meeting to provide feedback on urban design components of the project. 3 AGENDA ITEM 7.G Alliance for Sustainability Invite ATTACH M E NTS 1. Email from Sean Gosiewski inviting 1-2 EEC members to an event to discuss living streets policy development AGENDA ITEM 7.1-1 Turf Management Plan ATTACHMENTS 1. Turf Management staff report to Council. NARRATIVE 1. Note sections that call for EEC communications and outreach assistance. AGENDA ITEM 7.1 Private tree legal reference ATTACHMENTS 1. Private tree legal reference via Dianne Plunkett Latham AGENDA ITEM 9 Staff Comments ATTACHMENTS 1. Draft 2013 EEC meeting schedule UPCOMING EVENTS AND MEETINGS: City Events Calendar (link) City of Edina Water Quality Working Group Energy & Environment Commission February 28, 2013 Mayor's Conference Room Present: Julie Risser, David van Dongen Meeting opened at 6:30 Members discussed the need to move forward on educating the public about water quality issues. Contributing to education efforts appears to be the best way to go. The City would like us to work on the storm water pollution prevention plans. There are many ways that this could be addressed. We also have the opportunity to work with the Transportation commission — specifically on the Living Streets plan. It would be good to have an event that was really visible and focused on water issues. The city stocks Lake Cornelia as well as Centennial Lakes. Maybe find out when the fish stocking takes place. Can kids rent fishing gear? Would a fishing derby make sense? How do we start getting people to have healthy water habits? Need to think about reusing water — could there be a project that involves gray water at a municipal building? Need to think about runoff — and how do we slow down and prevent all of the runoff. It is also possible to address public policy issues. It might make sense to look at sprinklers and the possibility of making sure sensors were part of them so that they do not go off during the rain. Think about a different kind of beauty — also think about the natural garden area by the public works building. Action Items: Julie will talk to Ross about the possibility of a fishing derby for the next summer. 11 EBR Meeting held at Edina Chamber of Commerce on March 20th 2013 at 3:30pm Present: Lori Syverson, President of Edina Chamber of Commerce Sarah Zarrin, Edina Energy and Environment Commissioner Andre Xiong, Hennepin County Environmental Services Deb Gatz, Randy's Environmental Services Gary Vierkant, Vierkant Disposal LLC Aileen Foley, Edna Go Green Deb and Gary spoke about the substantial cost savings afforded to businesses that recycle. Their information was the same as the information provided by Rich of Allied Waste at the previous EBR meeting. Businesses save 30% on their waste bill when they recycle. Deb spoke about Blue Bag Organics. Andre reported that informational material on business recycling will be available by mid-April. Lori didn't receive much feedback from businesses regarding recycling so she feels that a workshop on recycling at this time might not be well attended. She supports the idea of pilot projects. Andre will follow up with Josh Sprague to connect with Colliers (Edina Realty). Edina Realty has agreed to participate in a pilot project. Andre will initiate and follow through with this. The Chamber of Commerce is hosting a lunchtime meeting for its members at Braemar on June 25th, from 11:30 to 1 pm. 80-100 members are expected. Lori said that EBR 12 can have tables promoting business recycling at the event. Sarah will ask Mayor Hovland to speak for a few minutes on business recycling. Hennepin County Environmental Services will be on hand to provide informational materials and advice to businesses. The Chamber of Commerce will promote business recycling in its June newsletter (deadline May 26th). Andre will send an article to Sun Current in May (for publication in first week of June). An article will be sent to About Town in the fall. • Aileen will ask businesses in Cahill area about their recycling policies and if they would be willing to participate in a pilot project. Aileen will ask Rich for list of businesses that do not recycle. • Scott Neal and Bill Neuendorf will invite the following managers to the next EBR meeting: Southdale Galleria Fairview Southdale NAIOP Pentagon Park MN Multihousing Association 50th and France Association 13 The next EBR meeting will be held on Wednesday, April 17th at 3:30pm at the Mayor's Conference Room at City Hall. 14 EOWG Meeting Minutes for March 5th, 2013 Meeting Meeting scheduled for 7pm in the Community Room at Edina City Hall, meeting commenced at 7:20 pm. In attendance: Paul Thompson, Bob Gubrud, John Howard, and Sarah Zarrin (via telephone) from the EOWG. Bill Sierks, Brad Hansen, and Steve Swanson from the Energy Working Group. The energy working group (EWG) joined the EOWG until 8:20 pm. 1. Minutes from 2/5/13 meeting — approved unanimously by the three EOWG members in attendance. 2. EWG & E&OWG collaboration — Currently the two working groups are meeting at the same time, which is convenient for forum planning, but will cause issues after the April 18th forum. Commissioner Gubrud and John Howard are on both working groups. A tentative plan is to shorten the EOWG meeting to one hour and have the EWG meet immediately afterward. 3. April 18 Forum Workplan a. Three documents were distributed to those in attendance: Event Communication Plan, Forum Workplan & Assignments, and the draft poster/flyer. b. Most of the discussion for the next hour focused on poster design, with many comments and ideas being proposed including whether there was time to make revisions. The prevailing opinion was revisions should be attempted and the following conclusions were reached: • Mr. Thompson is concerned about the title having "our weather" rather than "the weather" as discussed in the Feb. meeting. The working group accepted this revision. • Mr. Gubrud has communicated with Dr. Manning who is an expert in environmental psychology and Second Opinion, which is a consulting agency. Dr. Manning is concerned about the color being green and feels yellow/orange would be better to connote extreme weather/warming. The expert at Second Opinion feels our poster might not be focused enough to explain "what's in it for me" to potential attendees. • The thin title text is not clearly visible, at least not from a distance. • The working groups feel the location of the event (Fick Auditorium, Edina High School) should be at the top. • Paul Douglas's photo should be more prominently featured, as he is the draw. It was concluded that his picture should go where the Edina logo currently is. • Also it should be clarified that Mr. Douglas is presenting on weather. Currently the presenters are shown as guest speakers, which does not tell the full story. • Sponsors (Xcel, Centerpoint, Center for Energy and the Environment (CEE)) are not on the flyer, but should be. They are providing 3 complimentary Home Energy Squad (HES) visits. (Communications following the meeting confirmed the number of HES visits and the need to feature their logos on the flyer). • Mr. Sierks and Mr. Howard feel the bottom two pictures of weather on the right side of the flyer are not indicative of the extreme weather connected to climate change. Commissioner Gubrud would like to see all the weather photos removed. General consensus is to have some sort of weather photos, but likely just one photo of cracked earth from a drought and one of the flooding in Duluth. 15 • A web address for the event, which is currently not in existence, should be on the poster eventually. • In order to firm up our ideas, it is critical that the working group sit down with the poster designer and provide guidance. The exact location of text and photos may best be decided by the graphic designer. c. Publicity & Advertising: Definite plans for advertising have not been made. The posters will be displayed as part of the City's usually posting routine (30-40 locations city wide). A web page through the city web site should be made. d. Presentations- The basic order of the event hopefully will be something akin to this: 1. Mayor Hovland gives a welcome to attendees, and may emcee the event. 2. Show Al Franken video, which will be 2-3 minutes and be a welcome of sorts. 3. Paul Douglas introduction and then presentation. 4. J. Drake presentation. e. Agenda/Program — A City official should emcee of the event, as it would give credibility and provide an opportunity to highlight City sustainability efforts. Mayor Hovland has been approached, but may be busy. If he is occupied, City Manager Scott Neal will be approached and then Councilwoman Mary Brindle. f. HES Installs drawing: The HES installs will be given out in a drawing and hopefully will draw people to the event. It was determined that at least one of the drawings should be toward the end of the event to keep attendees around. Attendees would register for the drawing by filling out a card and putting it in some receptacles around the entrance to Fick. Registration cards may also be passed out over the course of the event. The drawing is also a means to find new volunteers for Energy and Environment Commission work groups, but the registrant will need to check a box to opt in. g. Partners- MRES, CERTs, Project Earth, Cool Planet, EGG, Energy and Environment Commission. These groups will have tables at the resource fair. h. Sponsors- Center for Energy and the Environment, Home Energy Squad, Xcel, Centerpoint. These groups can also have tables at the resource fair. j. Staffing- hopefully some EEC commissioners and some EHS students. Miscellaneous: • Agenda items 4-11 were tabled for a later date. Meeting was adjourned at 9:25 pm by unanimous decision. • The EOWG will meet in the coming weeks to work on event planning. Next joint meeting with the Energy Working Group: April 2, 2013. 16 Interim Education & Outreach Working Group Meeting, Weds. March 13, 2013 Edina City Hall Community Room, scheduled for 5:15 PM. In Attendance: Commissioners Paul Thompson, Bob Gubrud, John Howard and Student Commissioner Andrew Brandt. The sole agenda item of this meeting was to get organized for the upcoming April 18th Edina Environmental Forum. Discussion included: Marketing Plan: • The city is planning on doing poster posting on the week of March 25th. The city put together a rubric which was reviewed by the working group members. 7 • Get posters up 1.5 weeks before the event at Edina High school. Student commissioner Brandt recommended not putting them out much before then as the content come become stale. City is planning on posting at the same time as the city wide posting. • Commissioner Thompson to contact Morningside and Countryclub neighborhoods. Commissioner Howard to contact Countryside neighborhoods. Following the meeting, Commissioner Gubrud developed this outline of marketing activities: • Posters and Flyers: Mar. 25 • Press release: on or before April 1, Marketing Dept will develop. • Edina Chamber of Commerce Newsletter: copy Mar. 25, publish Mar. 27 • Ad in Sun Current: layout deadline Mar. 28; publish April 4 • E -list: City depts., commissions, boards, and committees April 4 • Community Notes, Sun Current: copy deadline April 4; publish April 11 • Article in Sun Current, copy deadline April 4: publish April 11, publish April 18 (last minute reminder) • Notices in Edina church newsletters: Sunday, April 7 & April 14 Program and Event: • Mayor Hovland will moderate the event. • Commissioner and WG member Sarah Zarrin will do paper program, can be done after April 2nd meeting. The WG should provide info to Commissioner Zarrin by next EOWG meeting. • Will not advertise an organization unless they are doing some funding. • WG will ask Ross Bintner, City of Edina Environmental Engineer, to be the IT coordinator. WG should put him in contact with Rachel, the volunteer and activities coordinator at the high school, to get ball rolling. • Remove CERTs and MRES from tabling because they are not very active in Edina. Add Bike Edina Task Force. Xcel and Centerpoint are possibles. 17 • Significant discussion was had over how to structure the question and answer portion of the program. Commissioner Gubrud feels we need to save questions for Paul Douglas until after J. Drake's presentation, otherwise people might leave. A solution proposed by Commissioner Howard is to have people write down their questions on a note card after the Paul Douglas presentation, and let Paul Douglas review them during J. Drake's presentation. • Drawing of HES visits will be the grand finale, and just prior to drawing, there will be announcements about how people can get involved with the City or other groups. Commissioner Gubrud developed the following summary of WG member responsibilities after the meeting: Bob: newsletters: Edina C of C, MEP, Alliance for Sustainability, MPCA; Fresh Energy Paul: developing and scheduling with the Sun Current; (attached example of Community Notes on the Solar Workshop) John: church announcements, bulletin board posters &/or flyers. Ross: working with Paul and Marketing Dept; email announcement and flyer to City of Edina Boards and Commissions Unassigned tasks: 1. Invite Bike Edina Task Force to table at resource fair 2. WG will ask Ross to be the IT coordinator, WG should put him in contact with Rachel to get ball rolling. Meeting adjourned at 8:45 pm. The next Working Group meeting will be April 2nd at 7pm in the Community Room at City Hall. 18 Proposed Edina City Ordinance Amendments Section 1300 - Collection and Disposal of Refuse and Recyclables Draft of 3-05-13 PURPOSE: The Recycling and Solid Waste Working Group of the Edina Energy and Environment Commission makes the following recommendations amending Edina City Code section 1300 for the purpose of reducing residential waste, increasing residential recycling, and for the convenience of Edina residents. 1300.05 Collection of Compostable Materials. Haulers shall collect from residential customers and segregate from other refuse, all grass clippings and leaves which have been separated from other refuse and placed in bags designed for compostable materials. Haulers shall report to the Sanitarian the amount, by weight, of the leaves and grass clippings delivered to compost disposal sites approved by the County for the four-month periods ending April 30, August 31 and December 31. The reports shall be submitted within 15 days following the end of each four month period. Licensed haulers shall provide to customers, upon a customer's request, a yard waste container with close -fitting top for grass clippings, leaves and Source Separated Compostable Materials (SSCM). The containers shall be constructed of non- combustible materials including the cover. The containers shall be at least thirty (30) gallons in size, and provided to Fustomers at a charge, if any, determined by the licensed hauler. Licensed haulers shall provide to any residential customer, upon a customer's request, service for collecting SSCM at a minimum during yard waste season On the annual license application, the site(s) at which the SSCM and yard waste will be processed must be indicated .1300.10 _Hauler Billing Practices,— All licensed haulers must conform to the followingbill illing practices , Subd. 1 Notice of Rate Increase - Licensed hAulers must give all affected customers a written potice of any rate increase at least one billing cycle in advance of the increasS, Subd 2 Base Rate - All taxes, fees and surcharges must be included in the licensed hauler's quoted base rate even when such taxes, fees and surcharges are separately itemized Subd. 3. Yard Waste &rvice Charges— Those licensed haulers providing yard waste service must provide weekly service at a minimum beginning byApril 1. Subd 4, Discontinued Service — Upon discontinuation of residential service a licensed hauler must retrieve their cart at no charge to the customer. History: Ord 1301 codified 1979; amended by 1301-A1 3-4-71, 1301-A211-25-81, 1301-A3 5-25-88, 1301-A4, 6-14-89, 1301-A5 12-19-90; Ord 2006-08, 11-06-06; Ord 2011-16, 11-16-11 Cross Reference: Sections 160, 185, 705, 715 The above amendments will go into effect Jan l 2014 with the exception of 1300 05 which shall go into effect when the Hennepin County Emerald Ash Borer quarantine is lifted., JUSTIFICATION OF PROPOSED AMENDMENTS 1300.05 Collection of Compostable Materials — According to Hennepin County Environmental Services (HCES), Source Separated Compostable Materials (SSCM) constitute 24% of Hennepin County landfills. It is the largest untapped source for recyclable material. Composting SSCM avoids the state tax and county fee on garbage, incurs a smaller tipping fee, and prevents anaerobic digestion of organics from producing the potent methane greenhouse gas from slowly escaping landfills. Composting organics will save its users money due to its lower tipping fees and lower taxes. Hennepin County believes that there is sufficient space in those facilities currently licensed to compost Edina's wed residential SSCM and yard waste. All licensed Edina haulers should be required to collect SSCM if requested by their residential customers at a minimum during yard waste season. During yard waste season haulers have a truck already_ providing service and with very little additional effort could also collect SSCM A hauler will have the option of either collecting SSCM alone, of comingling yard waste and SSCM, r of co -collecting SSCM with yard waste or trash, where 19 Formatted: it: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) limes New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt, Bold Formatted: Font: 11 pt Formatted: Font: 11 pt, Not Bold Formatted: Font: it pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt, Bold Formatted: Font: 11 pt Formatted: Font: 11 pt, Bold Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted. Font: (Default) Times New Roman, 11 pt, Not Italic Formatted: Font: (Default) Times New Roman, 11 pt Not Italic the SSCM is bagged separately and placed either in the yard waste or in the trash then removed prior to processing the yardwaste or trash. Due to the Emerald Ash Borer quarantine in effect presently in Hennepin County, yard waste including brush and tree branches cannot leave Hennepin County unless it is less than one inch in diameter. Since there are no organic composting sites located in Hennepin County, all comingled yard waste with SSCM would need to be ground before it was transported out of the county. The drawback ofrig nding SSCM is that any contaminates, e.g.. plastics: straws beverage lids plastic bags tin foil are ground to a size that is too small for the compost screening process to capture This results in a poor compost mix for reuse As a consequence 1300.05 would not go into effect until the Emerald Ash Borer wood quarantine is lifted from Hennepin County, Under City Code 705.05, occupants of a dwelling unit in the R-1 District or R-2 District, as established by Section 850 of this Code, who generate 30 gallons or less of refuse weekly, or who request collection of SSCM between December 1 and April 1, may arrange for collection not less often than once every 14 days. Currently Vierkant Disposal Services is the only residential hauler co _elleet4tmingling SSCM and yard waste. The EPA's Food Waste Management Calculator at http://www.epa.gov/osw/conserve/materials/organics/food/tools/ estimates the cost competitiveness of alternatives to food waste disposal, including source reduction, donation, composting, and recycling of yellow grease. MPCA is currently proposing changes to the compost site rules, which would make sites for co-ee4eetedmingled SSCM and yard waste much more available. For an update on this rule making status see: http //www pca state mn us/index 1hp/waste/waste-permits-and-rules/waste-r-ulemakingiproposed-thaneg s-to- compost-rules.html. Publication of notice is anticipated in October 2013 with final adoption 3 months thereafter if no hearing is required, and 6 months thereafter if a hearing is required. If haulers disagree with Hennepin County that sufficient sites currently exist for Edina's co -collected SSCM and yard waste, then the City can consider delaying implementation of this amendment until such time as MPCA completes the rule making process for the revised compost rules, which are currently anticipated to be implemented during 2014. 1300.10 Hauler Billing Practices — Hauler billing practices are not always transparent to the customer and as a result can become misleading. This makes it difficult for customers to accurately determine which hauler may have the best price and/or most service. Although a confirmed violation of a licensing requirement could result in the revocation or non renewal of a license, a fine would more likely first be imposed. Subd. 1 Notice of Rate Increase — Many haulers frequently increase their rates. If a customer complains, they immediately drop the rate, only to begin increasing the rate again. Only the squeaky wheels receive a price decrease. Long-time compliant customers pay the highest rates to some haulers. Customers receiving the same service from the same hauler on the same street can all pay different rates. This results in an inherent unfairness. Licensed Haulers must give all affected customers written notice of any rate increase at least one billing cycle in advance of the rate increase. It is recognized that customers may have different billing cycles — monthly, bimonthly, quarterly or annually, for example. Giving notice of the rate increase will give customers an opportunity to complain and have the increase removed/reduced, or to switch to a hauler that may have lower rates and/or which may not make frequent rate increases. Subd. 2 Base Rate - All taxes, fees and surcharges must be included in the licensed hauler's quoted base rate even when such taxes, fees and surcharges are separately itemized. Suburban, Garbage Man and Vierkant include all tax, fees and surcharges in the base rate. Allied Waste, Waste Management and Aspen give a base rate without taxes, fees and surcharges, which are separately itemized. (See attached Council Member Mary Brindle survey of June 16, 2011) When base rates are quoted without taxes, fees and surcharges, it can give the impression that those haulers who itemize separately are offering a lower base rate, when in effect it is a higher rate than competitors. For example, on Dan Latham's Allied invoice dated Feb. 20, 2012 for the period March 1, 2012 through April 30, 2012 (see attached), for a 32 gal solid waste cart, the `Residential Service' cost was $39.30 with itemized Fuel/Environmental Recovery Fee, County Surcharge and Solid Waste Management Tax (State) total charges of $23.38. The total cost for two months was therefore $79.28. During the same time period, Vierkant's monthly charge for a 35 gal solid waste cart was $18, or $36 for two months with all taxes fees and surcharges included in that rate. (See attached data from Vierkant web site) Allied's residential service cost of $39.30 for 2 months thus appears comparable to the Vierkant $36 two month charge, if Allied's $23.28 in additional charges is not included in the quoted base rate. Ben Knudson of Hennepin County Environmental Services (HES) indicated on 11-1-12 that "The state's (Solid Waste Management Tax) rate is 9.75% and the county's (Surcharge) rate is 9%. I don't think either of these has changed since they were implemented. Of course, (if) 20 the dollar amount of the service changes, depending on what the hauler charges, therefore the total amount of the tax/fee collected also changes." EEC believes that including such charges in the base rate quote is not product pricing control, but merely making the base rate transparent, similar to what is done in other industries such as UPS, Fed Ex or the Airlines, which also have fuel surcharges. Subd. 3 Yard Waste Service Charges — Those licensed haulers providing yard waste service must provide weekly service €rem beginning by at least April 1 thfa gh Nevefnbe 4 rather than byApril 15 Nov. 31 as is the current practice with most haulers. Only Suburban begins on April 1, and only Vierkant picks up yard waste during all 12 months. All licensed haulers should be required to begin the start of yard waste service €rem Apr-il 15 tel April 1 given that in 2012 the US Department of Agriculture (USDA) officially revised metro plant hardiness zones upward by 5 degrees to reflect local climate warming. Waste Management and Allied, for example, collect yard waste from April 15 to Dec. 1, or 7.5 months out of the year, yet they bill for service during all 12 months of the year even though no service is provided from Dec. 1 through April 14 For example, Dan Latham's Allied invoice dated Feb. 20, 2012 for the period March 1, 2012 through April 30, 2012 (see attached) for a 68 gal yard waste cart included a charge of $16.50, despite no service being given from March 1 through April 14. The 2012 spring was unusually warm permitting vegetation to begin growing early. Lawns were being mowed during late March of 2012 and residents were able to begin spring clean-up much earlier than April 1. Dianne Plunkett Latham requested Allied to begin yard waste service earlier than April 15. The request was denied despite the fact that Allied customers were paying for service during this time period. When Subur-ban's etistofners asked them to begin yEff waste sem,iee earlier in 2012 due to thewar-m spfing, they did so by the fif-stweek 4APfA . Vierkant's charge for yard waste AND SSCM during the March and April 2012 period was $6.25/month or $12.50 for two months. Vierkant picks up yard waste/SSCM during all 12 months out of the year, but picks up only twice a month from Dec. 1 to April 1 instead of the usual weekly pick-up per City Code 705.05. Allied maintains that they charge for 12 months of the year in an effort to load level the cost of the yard waste service, much like the utility company budget plans do. Yet Allied fails to appreciate that the utility companies deliver service 12 months out of the year, whereas Allied is only delivering service 7.5 months of the year. On an energy budget plan the last month of the year the charge is raised or lowered to result in the customer being fully caught up or reimbursed for over or underpayment The next year's monthly budget amount is then adjusted to reflect the actual usage during the prior year. Clearly the haulers are not offering a budget plan because the monthly charge does not reflect usage and it is charged whether any service is delivered or not The result misleads residents when Allied then quotes a monthly yard waste base rate of $8.25, for example. which then appears comparable to the Vierkant $6.25 monthly rate, although Allied collects yard waste only 7.5 months of the year, and Vierkant collects 12 months of the year. If the Allied $99 yearly cost were prorated across 8 months, the actual monthly charge is $12.38, nearly twice the cost of the Vierkant service, which includes SSCM as well. The EEC stopped short of requiring that the monthly yard waste rate quoted should be applicable to only those months during which service is delivered so that residents can have the option of a btidgc' plan's lead levels F ; uniform service charges if they choose to. Subd. 4 Discontinued Service — Upon discontinuation of residential service, a licensed hauler must retrieve their cart at no charge to the customer. When a Waste Management residential customer discontinues service, Waste Management bills the customer $25/cart to pick up the cart(s) or requires the resident to bring the cartes to Waste Management's facility. This acts as a barrier to a customer's ability to switch haulers. But if the customer threatens to complain to the City Recycling Coordinator, Waste Management removes the charge and picks up the cart. Allied does not bill for picking up the cart(s) after discontinued service. Carts are the property of the hauler. A customer should not have to pay to have a hauler pick up the hauler's property. This practice should be uniform among haulers. Residents usually do not know that they need to threaten to complain to the City Recycling Coordinator in order to have this charge removed. Subd. 5 Market Rate— Because Edina is an `open hauling' System haulers can allow a resident or group of residents to negotiate a service contract that may have a lower rate than their neighbors EEC considered the requirement that aAfter an introductory rate, licensed haulers must offer the same market rate to all residential customers of the same service, the 21 introductory rate not to exceed one year. Customers currently receiving the same service from the same hauler on the same street can pay greatly different rates. This results in an inherent unfairness. Some EEC members had concerns as to whether City government should become involved in product pricing of non -monopoly industries, and recommend consulting the City Attorney. The decision was not unanimous with Gubrud, Latham and Zarrin voting in favor of including this provision. Heer, Risser, Rudnicki, Thompson and Sierks voted against including it. Kostuch abstained. 22 MEMO City Hall • 4801 W. 50th St., Edina. MN 55424 Phone 952-927-8861 • Fax 952-826-0390 • www.CityofEdina.com Date: April 4, 2013 To: Energy and Environment Commission Members From: Solvei Wilmot, Recycling Coordinator Re: Concerns Regarding Recycling and Solid Waste Work Group proposed changes to Edina City Code Chapter 1300 Collection and Disposal of Refuse and Recyclables As stated in my staff memorandum from February, 2013, Edina City Code 1300 establishes the requirement for refuse and recycling haulers to be licensed by the City of Edina. The purpose of the code is to comply with state regulations, sanitation and protect the infrastructure of the City of Edina. The intent has not been to provide market transparency. This report summarizes staff concerns with proposed amendments to Edina Code Chapter 1300 Collection and Disposal of Refuse and Recyclables. In regard to the changes pertaining to the Billing Practices for the haulers, staff has concerns with the proposed code changes since they enter into mandating requirements in a private contract. Edina currently has 21 licensed refuse haulers. Seven haulers provide residential services. All of the haulers would be impacted by the requirements of the code change. In Edina, each resident and business establishes their own contract with a licensed hauler. These are not contracts with the City of Edina. As a result, the oversight for staff in regard to a private contract and the enforcement, for these individual contracts is a concern. In regard to the code changes pertaining to Collection of Yard Waste, staff has concerns with the date certain start and requirements for collection. Requiring haulers to provide yard waste collection service starting April I is a challenge due to seasonal variability. On a season where there is still snow on the ground April I, the haulers may not have a location open to dispose of yard waste. In addition, the haulers would not want to add extra drivers and trucks to their routes as early as April I when there would not be any materials to collect. In a season with snow April I, the City would prefer the waste haulers not add extra trucks to the roads due to the seasonal road restrictions. The last concern is with the code change that would require the haulers to collect Source Separated Compostable Materials (SSCM). Staff has a concern due to several factors. SSCM is considered mostly food waste with some paper products that can turn into compost. This is a separate category from Yard Waste, which can include: leaves, grass clippings, garden debris, brush and branches. Since these are two categories the collection requirement can result in an additional truck collecting SSCM material. Staff would prefer to encourage the haulers to co -collect yard waste and SSCM either by one container with two separate compostable bags for each category, or have it co -mingled in one container. This would reduce the truck traffic within the city. However, due to Hennepin County being in quarantine for the Emerald Ash Borer, yard waste that contains branches that are thicker than one -inch cannot leave the county without being ground. Compost sites will accept ground material, however it is not preferred since contaminates are not easily screened from the compost once they are City of Edina a 4801 West 50th Street • Edina, MN 55424 ground, this results in a poor compost mix. Also note that there is not an operating compost facility within Hennepin County. So all of Edina's materials would have to be hauled out of the County. Considering SSCM being collected independently from yard waste, the concern is for the availability of collection sites. Changes in state law in the last few years have created the new category of SSCM. Currently, SSCM sites followed landfill rules developed by the Minnesota Pollution Control Agency. Landfill rules require daily cover and a liner for management of the waste. However, the rules for the management of SSCM sites are currently being revised to remove the daily cover and liner requirement when the facility is composting SSCM. These rules are expected to be complete by mid -year 2014. Once the rules are complete it is expected more sites will be developed. Currently, there are two sites near the metro: Empire township operated by SET which has Demonstration permit from the MPCA in order to operate; and Mdewakanton Sioux facility in Dakota County, these sites currently accept SSCM. Staff ultimately supports the desire to have SSCM removed from the waste stream, but due to the concerns listed above; the establishment of a requirement to collect the materials may be premature. It may be beneficial for the Energy and Environment Committee to hold a workshop to obtain input from the haulers and the compost facilities regarding the proposed changes. 24 City of Edina Ordinances Related to Trees Revised 3-28-13 The following City of Edina Code sections related to trees were reviewed and determined NOT to be in need of revision: Section 810 - Plats and Subdivisions 810.09 Application; Fees; Charges; Application Requirements. Subd. 4 Application Data. Section 830 - Tree Removal, Grading and Excavations Section 1050 - Maintenance of Vegetation Section 1035 - General Nuisances The following City of Edina Code sections related to trees were reviewed and determined to be in need of revision as follows: 850.10 Landscaping and Screening. Subd.l Landscaping. A. Application of Requirements. All properties shall comply with the requirements of this Section except for single dwelling unit or double dwelling unit lots, public parks, playgrounds and athletic facilities, and public and private golf courses, except that club houses, parking areas and other structures accessory to the golf courses shall comply. B. Landscape Plan Requirements. Landscape plans shall be prepared by a landscape architect or other qualified individual acceptable to the Planner. Landscape plans shall be drawn to a scale of not smaller than one inch equals 30 feet and shall include the following information: 1. Boundary lines of the property with accurate dimensions. 2. Locations of existing and proposed buildings, parking lots, roads and other improvements. 3. Proposed grading plan with two foot contour intervals. 4. Location, approximate size and common name of existing trees and shrubs. 5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common names and botanical names; (iv) size of plant materials, (v) root condition, and (vi) special planting instructions. 6. Planting details illustrating proposed locations of all new plant material. 7. Locations and details of other landscape features including berms, fences and planter boxes. 8. Details of restoration of disturbed areas including areas to be sodded or seeded. 9. Location and details of irrigation systems. 10. Details and cross sections of all required screening. 25 C. Minimum Requirements. All open areas of a lot which are not used and improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials, Formatted: Font: Italic 1. Mini --um "'u-- be "verstory Trees. The tiuffiber ef eNvrstafy trees en the let er traet shall be not less thaft the 2. Understory Trees and Shrubs. In addition to theof-overstory trees, a full complement of understory trees and shrubs shall be provided to complete a quality landscape treatment of the site. 3. Minimum �:i-e Find R HAt C-28fiditi n of Required OveF4eFy Trees. The living overstory and understory canopy cover at least 50% of that portion of the lot, which has been disturbed by improvement excluding the parking lot, which shall have at least 15% canopy coverage. Coverage shall be calculated as that percent when the trees are at maturity shall exclude the footprint of the building or other structures. Tree Type Deeidtious—C-etti€efous Less than 24' 24' or Create Of'Raffietifal less S' or less 3% SIN Complifnentafy217� " of greater 6' or gf:eatef: 0 2594 n --- 9 v " -- ,.-,.,.«,.- o , -- ,.-,......- � noc 1 coi of no All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade 4. Species. a. all required overstory trees shall be composed of species which are classified as overstory trees by the American Nurseryman's Association. Tf:ees whieh aFe eansider-ed as half trees, shrubs, understeFy trees or aFnafnental trees shall b. not more than 50 percent of the required number of overstory trees shall be composed of one species; C. no required overstory trees shall include (i) all species of the genus Ulmus (elm) with the exception of Dutch Elm Disease resistant elm cultivars; (ii) box elder; (iii) all species of the genus Populous (poplar with the exception of Aspen as well as seedless Cottonwood cultivars, or v) ash; and d. all plant materials shall be indigenous to the hardiness zone of the area in which the City is located. 5. Credit for Existing Trees. The total number of required new Overstefy trees may be elfset by the fetention of existing eNvrstary tfees on the lot pr-evided that the trees satis6, the reqwrements of this Subdivision 850. 10 as to size and speeies. KI The Planner shall determine the amount of the credit for existing trees based upon their location and distribution on the lot. 6. Ground Cover. All unimproved portions of the lot or tract shall be sodded or planted with groundcover plants. Provided, however: areas reserved for future approved building expansions may be seeded; b. undisturbed areas containing existing viable natural vegetation which can be maintained free of weeds may be left undisturbed; and slopes steeper than 3:1 maybe seeded or planted with groundcover plants. D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out in Section 185 of this Code shall be paid to the City at the time a building or other permit is issued for work to be done on the same property as the landscaping work, and as a condition to the issuance of the permit. Subd.2 Screening. A. Screening Required. The following uses shall be screened in accordance with the requirements of this Subdivision 850.10: 1. Non-residential principal buildings or structures, and any building or structure accessory thereto, shall be screened from lots in the R-1 District which are used for single dwelling unit buildings and which are located within 200 feet of the non-residential use. The distance shall be the shortest distance between the non-residential building or structure to be screened and the nearest lot line of the R-1 District lot, but shall not extend across a street; 2. Principal buildings or structures, or any building or structure accessory thereto, located in the Planned Industrial District or Planned Commercial District shall be screened from lots used for any residential purpose which are located within 200 feet. The distance shall be the shortest distance between the PID or PCD building or structure to be screened and the nearest lot line of the residential lot, but shall not extend across a street; 3. Off-street, parking facilities containing six or more spaces and all loading facilities shall be screened from streets located within 50 feet, and from lots which are used for any residential purpose which are located within 50 feet. Said distance shall be the shortest distance between the parking facility or loading facility and the nearest part of the street or the nearest lot line of the residential lot; 4. Trash storage facilities including recycling storage facilities shall be screened from all lot lines and public road rights-of-way; and 5. All mechanical equipment accessory to any building, except single dwelling unit and double dwelling unit buildings shall be screened from all lot lines and streets. B. Responsibility. The owner of the principal or accessory building or structure to be screened shall install and maintain all screening required without cost to the City. C. Materials. Required screening may be achieved with fences, walls, earth berms, hedges and other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not be steeper than 3:1. All materials, including landscaping, shall have a minimum opacity of 90 percent year round. 0A Formatted: Space After: 0 pt, Line spacing: single, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers D. Location. All required screening shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening shall be located upon any public road right-of-way, or within 20 feet of the traveled portion of a street. E. Height. The minimum height for screening required by this Section is as follows: 1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd. 2 of Subsection 850.10: ten feet above property line; 2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of Subsection 850.10: four feet above level of parking lot and ten feet above level of loading facility; and 3. Screening required by subparagraphs 4 and 5 of paragraph A. of Subd. 2 of Subsection 850.10: high enough to completely screen from property lines, but not less than five feet or greater than ten feet in height. Subd.3 Maintenance. A. Responsibility. The owner of the lot upon which the required landscaping or screening is located shall maintain all materials in a sightly and healthy growing condition without cost to the City. B. Security. Security shall be filed with the Planner in accordance with Section 405 of this Code to guarantee the installation and vigorous growing condition of all landscape elements and required screening. The security shall remain in effect for two fidl growing seasons. Lots provided with an irrigation system covering 100 percent of the area improved with landscaping need provide security for only one growing season. The growing season guarantee period for plant material installed after June 1 shall begin the following year. Section 1200 - Use and Maintenance of Streets, Alleys, Sidewalks, Easements, Parks, and Other City Owned Property 1200.02 Encumbrances or Obstructions. Subd. 1 Prohibited Encumbrances or Obstructions. Except as provided in Subd. 2 of this Subsection, no person shall obstruct, encroach upon, encumber, or interfere wholly or partially, with any street, boulevard, alley, sidewalk, easement, park or public ground by placing or installing any of the following: H. Trees and other plantings which overhang the traveled portion of streets or sidewalks, provided that no portion of such tree or planting is less than 16 feet above the traveled portion of the street or less than 8 feet above the sidewalk. Subd. 2 Exceptions. The following are exceptions to Subd. 1 of this Subsection: F. Shade trees planted on boulevards, provided that the following species are prohibited unless permission is granted in writing by the Park Director: 1. Willows. 2. Elms, with the exception of Dutch Elm Disease resistant Elm cultivars. 28 3. Box Elder. 4. EettenweedPoplar (with the exception of seedless cultivars of cottonwood), aspen -poplar or other members of the genus Populus, with the exception of aspen. 5. Pine, spruce, fir, yew or other conifers. 6. Silver maple. 7. Ash. G. Trees, shrubs, landscape materials, fences, driveways and parking lots installed on easements held by the City for underground utility purposes. H. Trees and other plantings which overhang the traveled portion of streets provided that no portion of such tree or planting is less than 16 feet above the traveled portion of the street. I. Grass clippings and leaves placed in containers on boulevards subject to Subsection 705.04 of this Code. 1200.06 Work Undertaken by the City. Subd. 1 Items of Work. Pursuant to Chap. 59, State Laws of 1988, the City may undertake the following items of work: A. Removal of snow, ice and rubbish, including litter, from sidewalks, streets and alleys and public parking facilities. B. Elimination of weeds, including aquatic weeds, from sidewalks, streets, alleys, waterbodies and other public or private property. C. Sweeping, oiling, sprinkling or other dust treatment of public streets or alleys, including incidental maintenance work. D. Trimming and care of trees and the removal of unsound or diseased trees on streets or alleys. - Formatted: Left History: Ord 1201 codified 1970; amended by Ord 1201-A 12-6-73, Ord 1993-5 4-28-93, Ord 1994-6 12-27-94; Ord 1995-6 8-17-95; Ord 2003-12 12-16-03; Reference: M.S. Chapter 59, State Laws of 1988; 429.101, Subd. 2 & 3, 463.15 to 463.26 Cross Reference: Sections 705, 721, 1050, 1205, 1400; Subsections 705.04, 1230.01, 1230.07 Section 1055 - Control and Prevention of Shade Tree Diseases 1055.01 Declaration of Policy. The Council has determined that the health of elm and oak trees within the City is threatened by diseases to these trees, commonly referred to as "Dutch elm disease" and 'oak wilt disease," such diseases being known in scientific terms as Ceratocystis ulmi and Ceratocystis fagacearum, respectively. It has further determined that the loss of elm and oak trees growing upon public and private property will substantially depreciate the value of property within the City and impair the safety and general welfare of the public. It is declared to be the intention of the City to control and prevent the spread of these diseases, and this Section is enacted for that purpose. 1055.02 Tree Inspector. The position of Tree Inspector is hereby created within the City pursuant to M.S. 186.13, Subd. 5 to carry out the provisions of M.S. 18G.13. The Manager is directed to employ or retain on a continuing basis a suitably qualified person as Tree Inspector, who shall be certified as a tree inspector by the State Commissioner of Agriculture. It is the duty of the Tree Inspector to coordinate, under the direction and control of the Council, all activities of the City 29 relating to the control and prevention of Dutch elm disease and oak wilt disease. The Tree Inspector shall recommend to the Council details of the program for the control of such diseases, and perform the duties incident to such a program adopted by the Council. 1055.03 Shade Tree Disease Control Program. It is the intention of the City to conduct a program of plant pest control pursuant to the authority granted by M.S. 18G.13. The Tree Inspector shall develop a program plan in compliance with M.S. 18G.13 and the regulations issued pursuant thereto, for the identification and control of diseased elm and oak trees, and shall be responsible for the making and maintenance of all records and reports related to the program. The Tree Inspector shall act as coordinator between the State Commissioner of Agriculture and the City in the conduct of this program. 1055.04 Nuisances Declared. The following are public nuisances, wherever they may be found within the City: Subd. I Live Infected Trees. Any elm tree infected with Dutch elm disease, or any oak tree infected with oak wilt disease; and Subd. 2 Dead Infected Wood. Any dead elm or oak tree or part thereof, including logs, branches, stumps and firewood or other material from which the bark has not been removed. 1055.05 Abatement. It is unlawful for any person to permit any public nuisance, as defined by Subsection 1055.04, to remain on any premises or boulevard owned or controlled by that person within the City. Such nuisances may be abated in the manner prescribed by this Section. 1055.06 Inspection and Investigation. The Tree Inspector shall inspect all premises and places within the City as often as practicable to determine whether any nuisance described in Subsection 1055.04 exists. The Tree Inspector shall investigate all reported incidents of infestation by Dutch elm fungus of elm bark beetles or oak wilt. The Tree Inspector, or the duly authorized agents, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned the Tree Inspector under this Section. The Tree Inspector, upon finding conditions indicating Dutch elm disease or oak wilt disease infestation, may send appropriate samples to the State Diagnostic Laboratory for diagnosis as may be recommended by the State Commissioner of Agriculture. 1055.07 Abatement and Spraying of Shade Tree Disease Nuisances. In abating or ordering the abatement of the nuisances defined in Subsection 1055.04, the Tree Inspector shall cause or order the infected tree or wood to be sprayed, removed, lnuned, chipped, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the diseases. Such abatement procedures shall be carried out in accordance with prescribed methods approved by the State Commissioner of Agriculture. Whenever the Tree Inspector determines that any elm or oak tree or elm or oak wood within the City is infected with Dutch elm or oak wilt disease, the Tree Inspector may spray all nearby elm or oak trees with an effective pesticide. Spraying activities authorized by this Section shall be conducted in accordance with the technical and expert opinion and plans of the State Commissioner of Agriculture and under the supervision of the State Commissioner or agents of the Commissioner whenever possible. 1055.08 Procedure for Abatement of Nuisances Subd. 1 Public Streets or Boulevards. Whenever the Tree Inspector finds with reasonable certainty that a nuisance defined in Subsection 1050.04 exists in any tree or wood within a public street or boulevard in the City, the Tree Inspector shall notify the abutting property owner or owners by mail of the infestation, and specify a time in which the infestation shall be sprayed, removed or otherwise treated by such owner or owners to the satisfaction of the Tree Inspector. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the City and that the entire cost will be billed to the owner and if not paid shall be assessed against the abutting property under M.S. 429.101. 30 Subd. 2 On Private Property. Whenever the Tree Inspector finds with reasonable certainty that a nuisance defined in Subsection 1055.04 exists in any tree or wood located on private property in the City, the Tree Inspector shall notify the owner of the property by mail of the infestation, and specify a time in which the infestation shall be sprayed, removed or otherwise treated by the owner. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the City and the entire cost will be billed to the owner, and if not paid shall be assessed against the property under M.S. 429.101. Subd. 3 Assessment of Costs. The Tree Inspector shall keep a record of trees removed and the cost of abatements done under this Subsection 1055.08 and shall report monthly to the Clerk all work done for which assessments are to be made, stating and certifying the description of the land, lots and parcels involved and the amounts chargeable to each. On or before September 1 of each year, the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Section. The Council may then spread the charges or any portion against the property involved as a special assessment under M.S. 429.101 and other pertinent statutes for certification to the County Auditor and collection in the following year along with current taxes. 1055.09 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Tree Inspector or the agents while they are engaged in the performance of duties imposed by this Section. History: Ord 1035, repealed by Ord 1035-A1; Reference: M.S. 18G.13,429 31 Urban Forest Task Force (UFTF) Report DRAFT of 4-2-13 The Urban Forest Task Force was established by the Edina Energy and Environment Commission at the February 17, 2010 Meeting. It consists of Chair Dianne Plunkett Latham (EEC), Joseph Hulbert (Park Board), Michael Schroeder (Planning Commission), Staff - Tom Horwath (City of Edina Forester). Attending meetings related to City Planning code was staff Carry Teague (Planning Director) as well. The Urban Forest Task Force met eleven times between 3-18-10 and 4-02-13. The UFTF's purpose was to: A. Develop a policy for the future Emerald Ash Borer infestation on public and private property B. Make recommendations to increase tree planting on public and private property C. Update existing city ordinances with respect to trees D. Propose a tree preservation ordinance for redevelopment projects — Referred to the Planning Commission's Residential Task Force on 3-25-13 E. Make recommendations for trees in Living Streets initiatives F. Make recommendations for applicable Green Step City best practices A. Proposed policy for Emerald Ash Borer (EAB) Infestation on Public and Private Property The attached proposed EAB policy was developed by the City Forester and endorsed by the UFTF on 3-26-13. B. Increasing Tree Planting on Public and Private Property 1. Public Property UFTF endorses the City Forester's recommendation of increasing by $10,000 the current Park and Recreation Department budget of $10,963 for tree replacement in city maintained areas due to anticipated future Ash loss occasioned by Emerald Ash Borer. It is expected that virtually no Ash trees will survive EAB unless treated with systemic pesticide, which has its own set of hazards. The only natural barrier to EAB in Minnesota is temperature below -30F. Given that the USDA upgraded the metro zone hardiness by +517 in 2012, it is not expected that temperatures in the metro will exceed -25F. Thus, Ash trees are likely to survive only in Northern Minnesota where temperatures still drop to -30F. Tree loss on city property will soon accelerate due to Ash tree losses. Ash trees constitute approximately 10% of the trees city property. Given that EAB loss is still 3-4 years away, the city should proactively plant diversified tree species in available space in anticipation of future EAB losses. Approximately 100 — 150 trees are lost annually on city property to Dutch Elm Disease (DED). A further 2 — 3 trees are lost annually due to oak wilt, as well as 5 — 10 trees due to storm damage. Most of these losses are in city woodland areas, where trees are replaced naturally. The annual tree loss in city maintained areas is approximately 20 trees. Funding and staffing exists for planting 25 — 30 trees/year in city maintained areas. These tree loss/replanting figures exclude Braemar, which also plants an additional 25 — 30 trees/year in its maintained areas. In addition, residents donate or receive grants and plant approximately 35 additional trees annually. See Appendix A for listing of citizen tree planting donations. Edina's history of citizen involvement in tree planting is very much appreciated and should continue to be encouraged. Increasing the Park and Recreation tree replacement budget from $11,000 to $21,000 will increase the annual tree planting rate from 25 — 30 trees to 65-70 trees. This will replace the 63 Ash trees the City Forester has inventoried in city maintained areas (excluding Braemar) as well as plant additional trees. Braemar had approximately 180 Ash trees in 2010. The City Forester estimates that the cost of planting one tree is approximately $250. This includes contracting for a 2" DBH tree, delivery, planting, mulching and watering for the first year. 32 In the past the City Horticulturalist had a policy of planting twice as many trees as required and then not watering them. The understanding was that although many would die, some would survive. Given weather extremes and warmer summers, this practice should be discontinued. Before trees are planted a plan must be in place for their mulching and watering. This plan may include avoiding planting trees during the hot summer and instead restricting tree planting to spring and fall during cooler and wetter weather. Furthermore, available city staff is very limited during the summer when many other seasonal duties are required. 2. Private Property An additional 500 — 600 Elms are lost annually on private property. More Ash trees exist proportionately on private property then on city property in Edina. Residents should be encouraged to plant more trees. Recommendations to encourage residents to plant more trees include the City Forester giving an annual program on tree planting, perhaps in conjunction with the Annual Arbor day tree planting project for which volunteers are requested. The City Forester also responds to the public's questions about tree health and planting and provides written material about tree planting upon request. The EEC Education and Outreach Working Group should also be encouraged to host educational programs on the benefits of trees and on how to plant for success. The City of Plymouth uses the city discount to order trees for residents in the spring. Residents pay in advance, then come to the Public Works building to pick up the trees on a specified day in the spring. The Edina City Forester indicated that he does not have sufficient staff to undertake such a project. Whereas Plymouth has a full-time forester and a full-time forestry technician, the City of Edina has only a part-time forester and a part-time forestry assistant. The UFTF's impression was that there may be sufficient opportunity to purchase discount trees through sources such as mail order, Home Depot, Sam's Club, etc., without the need to have a city sponsored discount tree purchase program. C. Update City of Edina Tree Ordinances A summary of the amendments proposed for the current city code pertaining to trees and the rationale therefore is as follows: 1. 1200 Use and Maintenance of Streets a. Ash has been added to the list of prohibited trees for boulevard planting. Aspen, seedless cottonwoods and Dutch Elm Resistant Elms have been removed as prohibited trees for boulevard planting. Ash - In light of EAB, Ash trees will not survive absent the use of systemic chemical pesticides. Though not yet banned in the US, some of these chemicals have been implicated in France and other European countries for bee colony collapse disorder (CCD) and consequently banned. Residents applying chemical pesticide soil drenches in proximity to city gutters is also problematic. Poplar - Aspen and seedless cottonwoods had been previously inadvertently excluded for boulevard planting under the prohibited popular species. These were not intended to be excluded and have been specifically allowed. Elm - New cultivars are Elms have been hybridized, which effectively resist Dutch Elm Disease (DED) and residents should be given an opportunity to utilize them given that the City Forester has found them to be effective in his trial plantings in city parks. 2. 850.10 Landscaping and Screening 33 a. The performance standard for tree canopy in commercial developments has been changed from one overstory tree per 40 feet of perimeter of the lot or tract to that of a performance standard of the following. "The living overstory and understory canopy shall cover at least 50% of that portion of the lot, which has been disturbed by improvement excluding the parking lot, which shall have at least 15% canopy coverage. Coverage shall be calculated as that percent when the trees are at maturity and shall exclude the footprint of the building or other structures." The performance standard for the area of the lot disturbed by improvements was changed because plantable space on some lots cannot accommodate the number of overstory trees, which one per 40 linear feet of perimeter would yield. A performance standard of 15% canopy is need for parking lots to improve water retention, improve air quality and also for heat island mitigation. The Edina City Hall parking lot would conform to this standard and can provide a model. The 2012 MPCA Urban Heat Island Mitigation and Air Quality Improvements Through Urban Forestry draft report of January 2013 indicates that: Urban areas tend to be warmer than their surroundings due to less natural vegetation, more pavement and built surfaces, the orientation of buildings in cities, impacts of a wide range of mechanical devices (vehicles, furnaces, motors, etc.), and other factors. According to US EPA's web site on the Heat Island Effect, "the term `heat island' describes built up areas that are hotter than nearby rural areas. The annual mean air temperature of a city with 1 million people or more can be 1.8 — 5.417 (1-3C) warmer than its surroundings. In the evening, the difference can be as high as 22F (12C). Heat islands can affect communities by increasing summertime peak energy demand, air conditioning costs, greenhouse gas emissions, heat -related illness and mortailty, and water quality." Increased air temperature can have a significant impact on air quality by increasing formation of ozone and particulate matter. Higher air temperatures can also lead to increased demand for air conditioning, resulting in greater air emissions from electricity generation. b. Groundcover is included as an alternative to sod. Native groundcovers, in particular would require less maintenance. c. See rationale for Ash, Aspen, seedless cottonwood and DED resistant Elms above in section 1200. Planting female Gingko trees will be allowed in new developments, but not on boulevards. Female Gingko trees produce numerous acorn -sized seeds, which when stepped upon produce a foul odor, making them unsuitable for boulevards where the seeds may be crushed on sidewalks or streets. If planted in sod areas this may not represent a problem in a development. 3. Section 1055 — Control and Prevention of Shade Tree Diseases a. Burning is excluded in the list of approved methods to remove the wood of infected trees given that some residents are sensitive to wood smoke, e.g. asthmatics. Chipping is substituted instead of burning. D. Propose a Tree Preservation Ordinance (TPO) for Redevelopment Projects One of the original objectives of the UFTF was to propose Ordinances to protect trees in the development process and to enhance the urban forest. The topic of the Edina Planning Commission's Feb. 10, 2010 Zoning Ordinance Update Committee (ZOUC) was Tree Preservation. The Feb. 10, 2010 ZOUC packet included an Edina Tree Preservation Ordinance (ETPO), which was proposed in 2002, along with its legislative history. Concerns expressed by the Planning Commission and City Council in 2002 included: 34 The increased involvement of the City Forester, who, as a part-time employee, could not comply with additional duties. Concern for making the entire city a tree preservation zone, which subjects residents to a tree removal permit requirement each time they relandscape and remove a tree. The February 10, 2010 ZOUC meeting recommended to refer the Tree Preservation issue to the EEC. At the Feb. 17, 2010 EEC meeting, the EEC established the UFTF and the Tree Preservation issue was referred to the UFTF. The Planning Commission subsequently established the Residential Task Force (RTF) in 2013. On March 25, 2013, the RTF Chair, Michael Platteter and the UFTF Chair, Dianne Plunkett Latham agreed that the issue of protecting trees in the development process should be referred to the RTF. The UFTF found that generally, there was little wonton removal of trees on public or private property within Edina other than in isolated instances. It is very costly to remove a mature tree and consequently trees are generally only removed in cases of disease or of relandscaping; such tree removals are not in need of regulation. When trees are removed in such circumstances they are generally replaced with new trees within a few years. The current concerns over tree removal stem instead from the recent increase in teardowns generally found in the Northeast quadrant of Edina on small lots less than 75' wide. Even there, when trees are removed to expand a home footprint, however, they are generally replaced within a few years. Often new homes' landscapes look bare initially given that the expense of a new home means that the homeowner must wait a few years to replenish their funds before they can finish landscaping. Residents generally do not invest $500,000 - $1,000,000 in building a new home and then leave the lot bare, but instead relandscape in due course. In reviewing Minnesota case law with respect to trees, note that tree branches that overhang another's property or tree roots that push up a sidewalk or driveway or clog a sewer are considered a nuisance. Property owners in every state have the right to use self-help to prune branches or roots of a neighbor's tree that encroaches onto their property. The leading Minnesota case on nuisance trees is Holmberg v. Berglin, 172 N.W.2d 739 (Minn. 1969). See also "In the Sade of a Tree: Analyzing the Tree -related Legal Problem" by Steve Pihlaja and Lorrie Stromme, Bench & Bar March 2002. The City of Minnetonka Tree Protection ordinance at City Code 300.28, Subd. 19 states that: "R-1: For the construction of a principal structure on a vacant R-1 lot or for redevelopment of an existing R-1 lot, protected trees may be removed with no mitigation only within the "basic removal area". The "basic removal area" is defined as: a. Within the areas improved for reasonably -sized driveways, parking areas and structures without frost footings and within ten feet around those improvements; b. Within the footprints of, and 20 feet around buildings with frost footings; and c. In areas where trees are being removed for ecological restoration in accordance with a city -approved restoration plan. Some consideration should, nevertheless, be given to the preservation of tree roots during the construction process. Critical Root Zone in the City of Minnetonka Tree Protection ordinance is defined as: [T]he minimum area around a tree that must remain undisturbed. The critical root radius is calculated by measuring the tree's diameter at breast height. For each inch of tree diameter, 1.5 feet of root zone radius must be protected. For example, if a tree's dbh is 10 inches, then its critical root zone radius is 15 feet (10 x 1.5 = 15)."... A tree will be considered removed if girdled, if 30 percent or more of the trunk circumference is injured, if 30% or more of the crown is trimmed, if an oak is trimmed between April 1 st and July 15th, or if the following percentage of the critical root zone is compacted, cut, filled or paved: 30 percent of the critical root zone for all species, except 40 percent for ash, elm, poplar species, silver maple and boxelder. Contractors sometimes pile excavated soil to a height of 6 ft against the trunks of trees on a temporary basis until it can be filled back in along the foundation or removed. This practice does not necessarily have a negative effect on a dormant tree, only on a growing tree. This practice has been successfully used in Indian Hills on Oak trees during the 35 tear down process and those Oaks were not negatively impacted given that the soil was stored there only during the Oak's dormant season. Contractors sometimes sever tree roots when they trench for footings, etc. This does not necessarily mean that the tree will die. Survival depends on the tree species, tree age, how deep the trench is, how close the trench is to the tree trunk, and the percent of roots severed. The City Forester has found that in over 75% of these cases the trees survive. Although teardowns occur throughout Edina, most complaints stem from those teardowns on lots less than 75 feet wide. As such the UFTF believed that it would not be prudent to design an ordinance applying to the entire city to address the localized problem of small lot teardowns. Problems unique to small lots teardowns should be addressed by the Planning Commission's Residential Task Force (RTF) and any enforcement accomplished by the proposed city teardown overseer. If the Planning Commission's RTF were to adopt a Minnetonka -like Tree Protection ordinance for small lots of 75 feet or less wide, query how many trees would actually fall within the tree mitigation zone? Likely none on either side of the home and few to the front or rear of the home given that few trees are removed more than 20 feet beyond the home footprint or 10 feet beyond the driveway and other structures without frost footings. In deep lots, trees at the back lot line could fall in to the mitigation zone, but it is rare that such trees would have been removed in any event. If few trees fall within the mitigation zone reasonably defined by the City of Minnetonka, then a development process Tree Protection ordinance cannot be realistically looked to for solving many of the neighbor's perceived tree problems occasioned by teardowns on lots of 75 feet or less wide. E. Recommendations for Trees in Living Streets Initiatives 1. Living Streets objectives with respect to trees as listed on p. 29 of 2-11-13 Living Streets draft: a. Develop a comprehensive tree ordinance for the preservation and addition of boulevard trees b. Define standards for preserving and/or adding boulevard trees to all street reconstruction projects 2. Proposed Standards a. All street reconstruction plans will include adding 1.5" to 2" DBH overstory trees along the boulevard such that at maturity their drip lines will nearly touch, except in such areas where rain gardens or driveways are anticipated. Minnesota native overstory trees are preferred. Survival rates are the best for trees within the 1.5" to 2" DBH range. b. Funding for the trees will be part of the cost of street reconstruction project. This will include planting and mulch as well as a watering contract for the first year. Thereafter residents will be responsible for watering and pruning the trees. c. The homeowner on whose property the trees are to be planted will have the opportunity to select the species of trees to be planted on their property from a list of tree species approved by the City. Selections will be made on a first come, first served basis for each project so that no more than 50% of the trees in any street reconstruction project will be of any given species. The City will make the selection for any resident not declaring their selection by the required date. Residents will be asked to list their first, second and third choices. F. Recommendations for Applicable Green Step Cities Best Practices 1. GreenStep Best Practice #16 Urban Forest http://R-reenstep.pca.state.mn.us/citylnfo.cfm?ctu enstep.pca.state.mn.us/citylnfo.cfm?ctu code=2394621. At least two actions are required. Actions #1 and #4 are complete for purposes of GSC level 3certification. Action #6 is recommended for future implementation. Action #1 - Qualifying as a Tree City USA. The City Forrester will initiate a new application annually (Complete) Action #4 - Maximize tree planting along your main downtown street (Complete) Trees were planted along the 50th and France shopping district sidewalks on both sides of the street. The tree wells are approximately 40 ft or less apart excluding driveways and utility vaults. 36 Action #6 - At least two practices must be chosen. This action was not required for Edina's level 3 certification, but if implemented, can be used to obtain a higher GSC certification. The UFTF recommends substeps a. and b. a. Enact Ordinances to protect trees in the development process and to enhance the urban forest. Referred to the Planning Commission's Residential Task Force on March 25, 2013. b. Adopt Landscaping performance standards that specify tree cover and other vegetation to be used in parking areas, maintenance yards and in other areas of mostly impervious surface. This can be accomplished by amending 850.10 (Landscaping and Screening) as follows, "The living overstory and understory canopy shall cover at least 50% of that portion of the lot, which has been disturbed by improvement excluding the parking lot, which shall have at least 15% canopy coverage. Coverage shall be calculated as that percent when the trees are at maturity and shall exclude the footprint of the building or other structures." 2. GreenStep Best Practice #18 Green Infrastructure. At least three actions are required. The UFTF recommended actions #5, #6, and #8, all of which are complete for purposes of GSC level 3 certification. Action #S Park Management Standards that maximize at least one of the following. Sub steps b. and c. are complete. Sub step a. is recommended for future implementation. a) Low Maintenance native landscaping — UFTF recommends Park Board institute the following policies: 1) 50% Minnesota native plantings for all new plantings in city parks excluding Edinborough and Arneson parks. 2) Implement a policy similar to Minneapolis Park Department's list of plants NOT recommended for planting in city parks. These plants are high maintenance because they are either invasive, have chronic pest problems, or are designated as noxious weeds by the State of Minnesota. See attached list of 4-17-10. b) Organic or Integrated Pest Management — (Complete) The UFTF 4-6-10 meeting recommended establishing a Task Force to update the 1995 Edina Turf Management Plan (TMP) as amended on 6- 13-01. The EEC approved the establishment of TMP Task Force at its 4-8-10 meeting. Germana Paterlini represented EEC and Chaired it, Ellen Jones represented the Park Board, Mary Jo Kingston represented Community Health and Vince Cockriel represented city staff. Park Director John Keprios and EEC Chair Dianne Plunkett were ex officio members. New organic practices and products became available since 2001 and were evaluated and incorporated into the TMP; the list of noxious weeds was updated to comply with state statute, as well as provision made for woody invasive control with appropriate chemicals. Council considered the revised Turf Management Plan at the 2-21-12 EEC/Council Work Session and the plan was implemented during the summer of 2012 on a pilot basis. Council formally approved the TMP at the March 5, 2013 Council meeting with some revisions. c) Sources of non potable water for irrigation — (Complete) City well # 14 —was taken out of service in approximately 2006 due to elevated Radium 226 levels and was repurposed to irrigate Braemar Golf Course. Action #6 Certify golf courses for Audubon Cooperative Sanctuary — Complete for Braemar as of 2004 and also for Fred Richards Golf Course. In 2009 the EEC recommended to the Park Board that city parks be certified as Audubon Cooperative Sanctuaries as well. This is especially applicable to Bredesen Park, which is Edina's passive nature center. The Park Board should initiate certifying selected city parks. Action #8 Develop a program that involves community in land restoration and stewardship (Complete) Edina currently has community involvement in land restoration and stewardship in the form of community initiated buckthorn busts, but they are inadequate to deal with Edina's 600 acre parkland infestation given that the city has no budget and no institutionalized program of buckthorn abatement. Noxious weed control needs to be annually funded on a wider scale, through an institutionalized program as opposed to relying on volunteers or on the Forestry staff lag time during the Fall. 37 CURRENT PROCESS - When a group volunteers to remove buckthorn, the City Forester gives them a training presentation. The City provides the roundup and tools such as weed wrenches and hand saws. Volunteers cut, paint the stumps with Roundup, and stack the buckthorn brush. The City hauls the buckthorn to the city brush dump at Braemar Arena. From there the City of St. Paul District Energy chips it up and, for a low fee, hauls it to St Paul District Energy to be burned for energy. For examples of past citizen involvement in buckthorn and other noxious weed control, see Appendix B. Woodland Health - The City Forester has found that buckthorn is negatively impacting oaks at Van Valkenburg Park as well as other parks, causing premature oak death. To improve oak health, he and his staff annually remove buckthorn at Van Valkenburg Pk as well as by the pool at Roseland Park. Oaks, however, also exist in a dozen other parks, including Alden, Arden, Bredesen, Braemar, Browndale, Garden, Highlands, Lake Cornelia, Lewis, Melody Lake, Normandale, and St. Johns Parks. City staff and volunteers are insufficient to do the work needed. Their work must be augmented by professional buckthorn removal services. The city forester's buckthorn abatement budget is currently zero. It must be augmented by at least $15,000 per year to hire professional buckthorn removal services to remove buckthorn and annually maintain select woodlands. See attached listings of the 2004 inventory of Edina woodlands with their associated levels of infestation, which was made by Prairie Restoration, Inc. (PRI) pursuant to a $5,000 grant. Sentence to Service (STS) was utilized to remove buckthorn for two weeks in 2002 and for two weeks in 2003 at no charge to the City of Edina. The first two weeks of STS labor are offered at no charge to a city in an effort to induce the city to hire an STS crew on a paid basis. Although more workers were provided via STS than on a professional crew, the quantity and quality of work accomplished was substantially less and with more damage to non target trees than when using a professional crew. Furthermore, STS crews require considerable amounts city staff time whereas professional crews require little city staff time. The problems encountered with STS crews in 2002 and 2003 buckthorn abatement projects included: • A different crew came daily and thus the training had to be repeated daily. • Non-target plants were inadvertently removed by STS crews who had little knowledge of native plants, despite training given by the city staff or volunteers. • STS crews are not allowed to apply chemicals, which then had to be applied by city staff or a volunteer. A State license is required to apply Roundup or other chemicals when anyone is paid for chemical application. • STS crews were poorly supplied with equipment. The chain saw equipment which STS crews brought was poorly maintained and frequently broke down necessitating the use of city equipment. No weed wrenches and few if any bow saws were supplied to the crews. Thus City staff or a volunteer had to get the equipment from Public Works and return it daily. • STS crews came poorly motivated and prepared to work. Some STS crew members came in sandals, wearing sun dresses, and one even had an arm in a cast. Some crew members hid in the brush to avoid work. A single correction supervisor was supplied with the crew and they had to operate the chain saw and could not see what all the workers were doing. • STS crews require close supervision when brought into a facility for a break. In 2002, items were stolen by STS personnel from city staff lockers at the public works building. The City of Minneapolis found that the only buckthorn abatement activity that STS crews could do effectively was to drag and stack buckthorn and that city staff had to cut down the buckthorn and paint the stumps themselves. Some believe that it is not necessary or desirable to drag buckthorn out of the woods because it is more beneficial to chip buckthorn brush and blow it back into the woods as mulch to suppress buckthorn and other noxious weed seedlings. Kelodale Garden Club donates the funds to do this in the Edina Art Center woodland with success. Some parkland managers leave buckthorn brush in the woods to biodegrade in place, which can easily be done in areas not frequented by the public. In summary, professional crews are more cost effective, require considerably less staff time and do a better job of removing buckthorn and identifying non target species than STS crews. Commercial companies that have been hired to successfully remove buckthorn in Edina include: • Minnesota Conservation Society — 2011 Countryside Park 38 • Minnesota Native Landscapes — 2009 to the present by the Edina Art Center at Lake Cornelia Though STS crews are not well suited for buckthorn abatement, they can do effective work for cities in other areas such as the maintenance work they did at the Braemar Ice Arena. For buckthorn abatement projects, STS crews may be better suited for removing buckthorn in maintained areas such as under specimen trees or along fence lines. There non target trees are not an issue, though supervision, motivation and poor equipment would likely continue to be issues. Creative funding should also be considered to pay for additional buckthorn removal and habitat restoration services. Consider options such as: 1. Grants - The city must become more proactive in taking advantage of habitat restoration grants. Consider grants such as the DNR Conservation Partner grants or Legacy funds. To date the city has not applied for any habitat restoration grants. The DNR does not give grants to remove buckthorn. The DNR only gives grants for habitat restoration. The grant must state that not only buckthorn, but all noxious weeds within the restoration area will be removed and subsequently controlled. List all applicable noxious weeds — garlic mustard, canary reed grass, tartarian honeysuckle, buckthorn, etc. Indicate how the habitat will be restored including techniques to minimize erosion, to replant or to reseed. Indicate also how the restoration will be maintained, such as by controlled burn (for prairies or Oak savannah), weed whipping, mulching or foliar chemicals, etc. 2. Interns - Greater use of summer interns who could be incentivized with $1,000 stipends solicited from community organizations (Garden Council, Rotary, Lions, etc). 3. Create an adopt -a -woodland program, similar to the adopt -a -park program, which would work on controlling buckthorn and other noxious weeds. These volunteers would be trained by the city Forester and hopefully would volunteer on an annual basis, which they are more likely to do if the target park is in their neighborhood. They would need to sign a waiver of liability and get the Forester's approval prior to any work continuation after the initial project. 4. Bonding - Minnetonka included noxious weed abatement funding in their Park bonding process for both woodland and wetland. Maintenance - Once an area is cleared of buckthorn it must be maintained indefinitely as the buckthorn will otherwise reseed and again cover the area within about ten years. This can be done by any of the following methods: mulching, foliar chemical spraying, controlled burns (applies to prairies or oak savannah), or by annual brush cutting. When buckthorn is initially cut, it can be chipped up and evenly blown back into the woodland, supplying mulch to suppress the next generation of buckthorn seedlings. Thereafter, fall leaves can be spread in a woodland for mulch to a thickness of not more than 4 inches. Kelodale Garden Club used buckthorn wood chips, followed in some years by leaf mulch at the Edina Art Center with success. Oak leaves constitute the best leaf mulch because they persist the longest given that earth worms choose them last because of their acid content. The City of Edina Forester weed whips buckthorn at Van Valkenburg Park. When professionals are hired, foliar chemical spraying is their preference. The UFTF recommends that the City Forester and Dianne Plunkett Latham give the EEC Liaison, The Park Superintendent, the Park and Recreation Director, the City Manager and any other interested city staff a tour of the habitat restoration sites at Van Valkenburg supervised by the City Forester, the Edina Art Center woodland restoration led by Dianne Plunkett Latham and at the Lake Cornelia wildflower restoration led by Kevin Clay. These areas demonstrate that planned habitat restoration can be accomplished successfully. A walk in May when the wildflowers are blooming would be ideal. Garlic Mustard - After buckthorn is removed, care must be taken to prevent Garlic Mustard and other noxious weeds from filling the void. The State of Minnesota requires control of Garlic Mustard. Opening the canopy by removing buckthorn permits Garlic Mustard and other noxious weeds to germinate. Shade must be maintained with mulch or by replanting with native trees or other native plants. The Edina City Forester prefers to remove buckthorn only in the understory where the canopy would not be opened. Weed whipping, hand pulling or spraying are the typical options for Garlic Mustard control. The Park Board budget needs to include annual funding for noxious weed maintenance once 39 buckthorn is removed if Edina's native plants, wildlife and scenic natural resources are to be enjoyed by today's residents and preserved for future generations. Natural Resource Manager - To more effectively control noxious weeds and address other environmental issues in the park system, the UFTF recommends hiring a full-time Natural Resource Manager, as opposed to a part-time Forester. More knowledge of ecology is required today given the arrival of many invasive plant, insect and aquatic species. A passive forestry program with a philosophy of `Natural Forest Succession' and one primarily focused on tree diseases such as oak wilt and Dutch Elm Disease, is no longer adequate. Cities having full time staff include the following: Eden Prairie — FT Forester, FT Forestry Technician (has Forestry degree), FT Environmental Coordinator (Leslie Stovring) Golden Valley — FT Environmental Coordinator (Al Lundstrom) Mtka — FT Natural Resource Manager (Jo Colleran), FT Forester (Emily Barbo Ball), FT Water Resource Specialist, FT Natural Resource Restoration Specialist (Janet Larson) Plymouth — FT Forester (Paul Buck), FT Forestry Technician St. Louis Pk — FT Forester (Jim Vaughn), Seasonal Forestry Technician With a full-time Natural Resource Manager the following can be accomplished: more grants can be applied for, more parks can be certified as Audubon Cooperative Sanctuaries, more trees can be planted, more buckthorn and other noxious weeds can be controlled, more habitat can be restored, and more educational programs can be offered to residents. In addition, full-time positions attract candidates with more extensive applicable natural resource education and more applicable experience as opposed to part-time positions. Trail System - The 2007 Park Needs Assessment Survey indicated that residents' top park need was hiking and walking trails. The City Forester has identified an area of Walnut Ridge Pk, Bredesen Park and Heights Park, which has the potential for an interconnected park trail system. Buckthorn should be removed in these parks along the proposed interconnecting trail, followed by native plant restoration. Thereafter annual brush cutting or annual foliar spraying would be needed to maintain these areas to enable users to experience native vegetation, by enabling users to walk into these areas, which are currently impenetrable due to buckthorn. Bredesen Park - Given that Bredesen Park is the city's passive nature center and is Edina's most frequently visited park natural area, it should receive special attention. The native vegetation is highly degraded by buckthorn and other noxious weeds and in great need of restoration. Volunteer efforts in Bredesen Park should be augmented by professional crews. Bredesen Park should also be certified as an Audubon Cooperative Sanctuary. Public Education - The City of Edina Forester, Tom Horwath has a presentation on buckthorn control. Dianne Plunkett Latham has a PPT presentation on buckthorn and other noxious weed control. Michael Schroeder also has a presentation on the importance of trees to a community. All are willing to give their programs for any group of residents wanting more education in these areas. 40 Appendix A Citizen Involvement in Tree Donation and Planting 2008 - 2012 • From 2005 through the present the Kelodale Garden Club led by Dianne Plunkett Latham has donated native trees and shrubs from seeds started in their yards for the habitat restoration project in Rosland Park near the Art Center. They were assisted by the Daughters of the American Revolution, Monument Chapter in planting them. About 3 per year are donated. • The Edina Garden Council donates funds for planting trees at Arneson Park. About 2 per year are donated. • Fall 2008 Jeannie Hanson's Carbon Footprint Forest project at Pamela Park in, in which about 45 trees were planted pursuant to a $4,000 Krieg grant from the Minnehaha Watershed District. Planting was assisted by the Friends of the Edina Nature Center and other residents. • Spring 2009 - Joseph Hulbert obtained a $16,000 MNDOT grant and organized his neighborhood to plant 75 trees and 190 shrubs along Hwy 100. • Fall 2009 Rob Erickson organized a tree planting of approximately 10 trees at Triangle Park. The trees were donated by Grove nursery and planted by the park's neighbors. • April 30, 2010 — On Earth Day 10 trees were planted on the West side of the Pamela Park parking lot made possible through a grant from Dow Water Process Solutions. Thirty Dow employees assisted with the planting. • May 2010 — The St. John's Park neighborhood planted 11 trees • Oct 2010 Eagle Scout Triangle Park project to plant 5 trees donated by Grove nursery • 2011 City Forester Tom Horwath estimates 5 trees were donated and planted. • 2012 City Forester Tom Horwath estimates 5 trees were donated and planted. • 2013 - EEC anticipates a tree planting project using the $1,058 in proceeds from the 7-31-11 ECO Tour, which EEC sponsored. City Forester Tom Horwath recommends using the funds to interplant Ash trees at Heights Park, where there are 13 mature Ash trees surrounding the playground. The number of trees, which can be purchased with the available funds depends on the size of the trees. If 2.0 inch diameter balled and burlaped trees are ordered, 4 can be purchased. This size tree would need to be delivered and professionally planted. The available funds would covering delivery and planting for 4 trees of 2.0 inch diameter DBH. If 1.5 inch diameter DBH trees in pots are ordered, 10 can be purchased. These can be picked up by the City Forester and planted by volunteers. The planting would occur in the Fall. Would EEC commissioners and EEC Working Group members and their families like to personally plant the trees in the Fall? 41 Appendix B Past Citizen Involvement in Buckthorn and Other Noxious Weed Control • Fall 2003 & 2004 - Edina Garden Council (EGC) and League of Women Voters of Edina (LWVE) organized by Dianne Plunkett Latham canvassed the city and hung nearly 2,000 door hangers on resident's front doors where buckthorn was found growing on the property. Many residents removed their buckthorn as a result. EGC and LWVE each donated $200 for the door hangers with $25 donated by Jean White for a total of $425. • May 2003 - Sentence to Service (STS) was joined by members of the Kelodale Garden Club organized by Dianne Plunkett Latham to remove buckthorn near the Edina Art Center parking lot. Thereafter, Kelodale Garden Club and the Conservation League of Edina led by Jean White planted trees and wildflowers in the area, as well as the City Horticulturalist planting 90 River Birch trees. • 2004 to Present - John Henry has organized annual neighborhood buckthorn busts at Garden Park and in some years in both spring and fall. • 2005 — 2012 - Kelodale Garden Club organized by Dianne Plunkett Latham donated over $8,000 to hire professionals to annually remove buckthorn and other noxious weeds at the Edina Art Center and replant it with native trees and wildflowers, with planting assistance from Daughters of the American Revolution, Monument Chapter. Kelodale also donated over $500 to educate the public about buckthorn and other noxious weeds. • Fall 2005 Todd Park neighbors, organized by Suzanne Kerwin removed buckthorn at Todd Park. • Fall 2006 Todd Park neighbors, organized by Suzanne Kerwin removed buckthorn at Todd Park. • 2006 - A group of neighbors removed buckthorn from the pond at Benton Ave. & Johnson Drive. • 2006 — Fox Meadow Park — A group of Eagle Scouts removed buckthorn followed by an adjacent resident who donated the funds to have the balance of buckthorn removed in the park. • 2006 — Wooddale Park led by student Park Board member, Gordon Rolland • May 2008 - Edina Garden Council removed garlic mustard in the woodland at Arneson Acres Park behind the City greenhouse. • July 2008 — Kevin Clay led a buckthorn and garlic mustard bust at Lake Cornelia • Fall 2009 - Neighbors removed buckthorn at Melody Lake • Winter 2009 — Kevin Clay organized volunteers to girdle female buckthorn trees at Lake Cornelia • Spring 2010 - George Klus organized a buckthorn bust for Highlands • 2010 — St John's Park — Buckthorn disappeared suddenly and neighbors suspected of removing it • 2011— Wooddale Park — Led by neighbors • 2012 — Browndale Park — Led by neighbors • Fall 2012 — John Howard organized a buckthorn bust for Bredesen Park 42 From: Tom Horwath [mailto:THorwath@EdinaMN.gov] Sent: Wednesday, March 27, 2013 10:54 AM To: 'Dianne Plunkett Latham' Subject: Emerald Ash Borer n�yth^���•.�_ Thomas Horwath, City Forester �9 t� , 952-826-03081 Fax 952-826-0392 — THorwathCa7EdinaMN.aov I www.EdinaMN.00v ...For Living, Learning, Raising Families & Doing Business Prepared for URBAN FORESTRY TASK FORCE Emerald Ash Borer (EAB) was first identified in Michigan in 2002. This wood borer is native to Asia. In its native range the borer/host relationship is similar to other species of wood borers: they attack only trees with weakened defensive systems. Outside of this native range, however, these borers will lay eggs in all species of Ash trees regardless of the health of the trees. This factor greatly expands the incidences of tree mortality. In the infested middle eastern states this disease is responsible for killing millions of trees. EAB has been positively identified in our metro region in 2009. Since then, despite control efforts, these isolated pockets of EAB have continued to spread slowly. In 2012 EAB has been positively confirmed at Lakewood Cemetery, the closest to Edina at 3 miles NE. Since the initial discovery of EAB in the metro area I have inventoried all of our maintained areas of our parks for Ash populations. Generally I have found our parks to be well diversified, with low populations of significant Ash trees. I have identified three sites that are at risk for being the most affected by Ash tree losses. They are: 1)Heights Park. There are 13 mature Ash trees around the playground 2)Lewis Park. There are 10 mature Ash trees along Cahill Rd. Also within the park are 11 Ash of 12"dbh or less; 11 Ash 13-20"dbh and 15 Ash 20"dbh or greater. 3)50th St median — Between Wooddale Ave. & City Hall. 17 Ash of approx. 6-8"dbh. The total number of significant Ash trees, or other Ash trees that may need to be removed for public safety purposes on city maintained properties is estimated to be less than 500. Fortunately I believe this potential extended work load could be able to be handled in house, especially since the number of trees dying will be spread out over a period of years. Chemical treatments are available for individual trees. There are various brands and formulas and different application methods. Due to the complexity of these factors, at this time I will mention an excellent web site for further review for anyone interested in this information. It is: emeraldashborer. info. This web site is compiled by various university researchers in the initial infested areas. A topic that should be addressed is: should the city consider using preventative chemical treatment for any significant Ash trees on city property? In my opinion tree replacement — proactively and/or as trees die —should be paramount management strategy, but not to the exclusion of selective chemical protection of the most valuable Ash trees. 43 Another issue is: Should EAB be added to our city's disease tree ordinance along with Dutch Elm Disease and Oak Wilt to mandate the removals of EAB infested trees on public and private property? Since EAB cannot be controlled through a removal/sanitation process, I personally don't believe it should be added. Dead or dying Ash trees that should be removed for public safety purposes can be ordered to be removed by existing ordinance. With the potential for increased tree losses from EAB, an increase in annual tree replacement becomes necessary. Currently $10,963 is budgeted for tree planting. To achieve any increase in annual planting, I would recommend an increase in this annual amount. Due to limited staff resources during planting periods, I wish to base the proposed increase amount on nursery contracted delivery and planting rates. For larger size trees an average cost per tree for tree cost, delivery and planting would be about $250. If $10,000 was added to this budget, 40 additional trees could be planted. However it is also important to remember that the annual number of trees planted should not exceed staff capability to maintain these new trees, after they are planted, in a manner that will increase the odds of successfully raising healthy and aesthetically pleasing trees throughout our park system. Tree planting is only the initial stage of a reforestation program. In summary, EAB is in the metro area and is expected to slowly increase from the infested scattered pockets for the next several years. However, from lessons already learned, the mortality curve will drastically swerve upward as more trees die and EAB populations increase exponentially. Edina is fortunate not to have high densities of Ash trees lining the boulevards (which are the abutting property owners' responsibility anyway) and manageable densities in maintained parklands. However, not to minimize the potential devastating impact, many landowners throughout the city are at risk for losing many important and significant Ash trees on their property. For many years now the Ash tree has been the overwhelming choice of tree species to plant. Braemar golf course EAB plan — Prepared by Tom Swenson Braemar golf course had approximately 180 ash trees within the park as of 2010. Unfortunately, many of these trees were planted as monoculture groupings. Although none of these trees have been determined to be significant in nature, the groupings of these trees have value to the golf course. Chemical treatments are not viewed to be a long term solution to the EAB situation. During the last 3 winters Braemar staff has removed individual trees in these groupings that have storm damage or are unhealthy. These trees have been replaced with new plantings. The goal is to replace the worst of the ash trees with a diverse planting ahead of the EAB infestation. As Braemar moves forward with this program, the increase in tree diversity will help reduce the impact of EAB and any future pests that have not been identified. 44 Edina Parks Priority Rankings Prepared by Prairie Restoration, Inc. (Revised 2004 Report including Braemar, Bredesen and some Open Space) High Priority: Van Valkenburg, Arden, Normandale, Highland, Garden, Melody Lake, Krahl Hill, Braemar Park and Lake Cornelia. The parks listed above get the highest priority according to our standards by having high quality natural areas. These areas have the greatest diversity and quality trees along with a quality herbaceous layer. These parks may have higher percentage of buckthorn infestation and require the most hours of removal but I believe have the greatest potential of reclamation from buckthorn. Van Valkenburg is a great example of an oak savanna. By removing all the vegetative buckthorn material from the site it will look cleaner and in the future, after a few years of herbicide treatment, the buckthorn seedlings could be managed by the use of prescribed burns. Burning controls the buckthorn seedlings and enhances the native herbaceous layer. Oak savannas are one of the rarest natural ecosystems we have in Minnesota and when possible we should try to maintain the quality examples we have left. Arden Park is a great park with oak woods along the west side of the creek. I believe the removal of buckthorn would greatly enhance the park along with educating citizens of the importance of buckthorn removal. The removal should not affect many neighbors and you would have a quality oak woodlot for people to enjoy. Normandale is a great park with oak woods on south and west facing hillside. There is good herbaceous layer and nice tree diversity. A buckthorn removal would affect some of the neighbors but would greatly enhance the parks woodland. Highlands and Garden Parks are beautiful parks in Edina. The Highlands Park itself has a lot of specimen trees with buckthorn growing up in them and on the northeast corner has great oak woods. Garden Park lacks specimen trees but has a large diversity of trees including oak woods and cottonwoods. Garden Park would also benefit from buckthorn removal by the park entrance for better visibly. Melody Lake is an underdeveloped park that is hidden away in its neighborhood. There is a great potential in keeping this park a natural area for all to enjoy. Lake Cornelia is a park that has it all. I believe it a highly visited park with its aquatic center and large natural area with the lake in the middle. The buckthorn removal here should include cut/slash and cut/chip/haul in the highly visited portions of this park. 45 Krahl Hill is a very nice oak woods that is heavily infested with buckthorn. The topography of the park is extremely interesting and difficult to work but is well worth reclaiming from the buckthorn invasion. Braemar Park is a large park with a fair amount of quality natural areas. The buckthorn removal in a park this size should be taken in stages. It is an area with great public education potential on the hazards of buckthorn in our natural areas. Middle Priority: Pamela, Todd, Lewis, York, Creek Valley, Heights, Walnut Ridge, Wooddale, Utley, Williams, Lincoln Drive Floodplain, Bredesen Park and Arneson Acres. The middle priority parks get a mid -priority ranking by their lower quality natural areas. These areas have a lower diversity and not as desirable trees as the high priority natural areas, plus a minimal herbaceous layer. The removal of buckthorn from these woodlots is still important, but when ranking all the parks, they do not rank as high in importance when compared to the high priority parks. Some of these parks include specimen trees that have buckthorn growing under them as well as infested natural areas. Bredesen Park is a huge undertaking for buckthorn removal. There will be need for a discussion of options of removal by using more mechanical means than by chainsaw. Low Priority: Alden, Browndale, St. Johns, Birchcrest, Countryside, Sherwood Pump, Cornelia School, Frank Tupa, Bob Kojetin, Chowen, Weber, Lake Edina, Fred Richards Golf Course, Fox Meadow, Bristol, Yorktown, McGuire, Strachauer, and Tingdale. These parks have the lowest priority ranking due to the nature of their buckthorn infestation. Buckthorn is common on the woodland edges of these parks and generally is not very heavily infested. The buckthorn removal in these low priority parks would make great community involvement projects because of their lower hour requirements for removal and minimal impact they would have on the overall appearance of the park. The removal of buckthorn is important within all the parks, the final decision of which parks get cut first is ultimately up to the Edina Parks System. The above priority list is an inventory of buckthorn and a guideline in determining a plan for the removal of buckthorn within the park system of Edina. Some factors that need to be considered prior to buckthorn removal areas follows: the quality of the natural area, percentage of infestation, preferred buckthorn removal process and equipment required, economic limitations and amount of time allotted to complete the removal process. The biggest keys in the removal of buckthorn are having a long term management plan, flexibility and persistence. The removal of buckthorn is the first step in a journey of reclaiming our natural woodlots. 46 *Completed by 2012 Removal Time and Method Types of Infestation ** Some Progress by2012 Hedge/Park Edge Specimen trees Natural Areas Park Name In order of priority Estimated Removal Time (hrs) Cut/Slash Cut/Haul or Cut/Bum Cut/Chip/Haul Volunteer Help Feasible Number Location Number Size (acres) % BT Infestion Level H M L Herbaceous layer VG G P Natural Area Type Van Valkenbur ** 550-600 X X 15 100 H VG Oak Savanna Arden*" 275-325 X 10 85 ML G Oak Woods Normandale 150-175 X X 4 75 M G Oak Woods Krahl Hill 250-300 X 5 100 H P Oak Woods Highlands— 450-500 X X 50-75 12 90 MH VG Oak Woods Garden** 200-250 X X 6 100 H G Oak Woods Melody Lake— 100-125 X 4 75 M G Oak Woods Braemar"' 3500-4000 X 250 90 MH G Oak Woods Lake Cornelia** 250-300 X X 10-15 90 MH G Oaks, Boxelder Pamela Park 350-425 X X 10 75 M G Oaks, Cottonwoods Todd*" 250-300 X 10 95 MH G Cottonwood, Oak Lewis"* 250-300 X 10 85 M G Oak Woods Lincoln Drive Flood Plain 350-400 X 8 85 M P Cottonwoods York Park 30-40 X 1 65 M P River Bottom Creek Valley** 150-175 X 6 75 M G Cottonwoods Heights 65-85 X 3 65 M P River Bottom Walnut Ridge 150-175 X 8 70 ML G Cottonwoods Bredesen** 4500-5000 X 175 100 H P Aspen, Oaks Wooddale** 4-6 X 2 W, N L Boxelder, Oaks Utel 15-20 X 3 E, S, W L Rivers Edge Williams/Mill site* 1-2 X .02 15 L Boxelder Arneson Acres* 20-25 X 20-30 L Alden 2-3 X Y 0.1 20 L G Oak Savanna Browndale'" 4-6 X 0.25 25 L Oak, Pines St. Johns** 4-6 X 1 W L Oaks Birchcrest 2-4 X 0.2 40 L Boxelder Countryside* 25-30 X 1 W M Cottonwoods Sheerwood Pump 2-4 X Y 1 S L Pines Cornelia School 2-4 X Y 20 L Frank Tupa* 4-6 X 0.2 70 M Shrub type Bob Kojetin** 6-8 X 2 S, W L Chowen 20-25 X 2 S, W L BT Hedge Weber 65-85 X X 1 E L Cottonwoods Lake Edina 75-100 X 4 100 H Fred Richards Golf 36-72 X X 1 SE lots L Fox Meadow* 1-2 X Y L 47 48 Removal Time and Method Types of Infestation Hedge/Park Ede Specimen trees Natural Areas Park Name In order of priority Estimated Removal Time (hrs) Cut/Slash Cut/Burn Cut/Haul or Cut/Chip/Haul Volunteer Help Feasible Number Location Number Size (acres) % BT Infestion Level H M L Herbaceous layer VG G P Natural Area Type Bristol 2-3 X Y 10 L Yorktown 2-3 X Y 3 L McGuire 1 X Y 1 L Strachauer 0 Tin dale 0 48 CITY OF EDINA POLICY PLANTS NOT RECOMMENDED FOR PLANTING IN EDINA CITY PARKS 4-17-10 Listed plants include those which are invasive, which have chronic pest problems, or which are noxious weeds in the State of Minnesota. This list will be revised with additions on a regular basis due to changing climactic conditions. • Invasive - Plants with invasive potential, or those already known to be invasive and destructive to native plant communities are marked with an (I) • Chronic Pest Problems - Plants that have chronic insect/disease pest problems that would result in higher maintenance costs and/or early mortality rates are marked with a (P) • Noxious Weeds — Plants on the Minnesota Dept. of Agriculture's Noxious Weed list are marked with an (N) Neither plants, cultivars nor seed of any of these plants should any longer be planted in the Edina park system. Common Name Latin Name Problem Woody Plants Amur Maple Box Elder (female) Norway Maple Barberry- any species, cultivars Siberian Peashrub Acer ginnala I Acer negundo P Acer platanoides I, P Berberis sp. I Caragana arborescens I 49 Russian Olive Eleagnus angustifolia I Glossy Buckthorn Non-native Honeysuckles Mulberry Amur Cork Tree- female form Frangula alnus, `Tallhedge', `Asplenifolia' I,N Lonicera tatarica, morrowii, others I Morus- any species or cultivar I Phellodendron amurense I Austrian Pine & other long needled pines Pinus nigra P If Ponderosa and Red Pine are specified, they must be installed in windy locations to dry the foliage. They also need to be spaced with large distances between plants to insure very good air circulation. All of these plants are being attacked by Sphaeropsis (Diplodia) in wet seasons and where there is poor air circulation. Common Buckthorn Rhamnus cathartica I,N Alpine Currant Ribes alpinum P Black Locust Robinia pseudoacacia I Siberian Elm- aka Chinese Elm Ulmus pumila I Winged Euonymus Euonymus alatus I (currently becoming a problem in zone 5 areas and has potential here) 50 Herbaceous plants Crown Vetch Coronilla varia I Queen Anne's Lace Daucus carota I Grecian Foxglove Digitalis lanata I Orange Hawkweed Hieracium aurantiacum I Dame's Rocket Hesperis matronalis I Yellow Flag Iris Iris pseudacorus I Bird'sfoot Trefoil Lotus corniculatus I Ribbon Grass Phalaris arundinacea and all cultivars I (variegated form of Reed Canarygrass) Japanese Knotweed Polygonum (Persicaria?) cuspidatum I Common Tansy Tanacetum vulgare I Vetch Vicia sp. I Smooth Brome Grass Bromus inermis I Amur Silver Grass Miscanthus sacchariflorus I Reed Canarygrass Phalaris arundinacea I Curly Dock Rumex crispus I Purple Loosestrife Lythrum salicaria I, N 51 Edina Home Energy Squad Enhanced (Proposed Program) Estimated Energy and CO2 Savings 3/03/13 The Home Energy Squad Enhanced program will help Edina homeowners to implement three types of energy savings measures: • Good energy habits. This is done by education and encouragement through one-on-one energy counseling at the home, and includes measures such as washing laundry in cold water, implementing computer power management, etc. • Installation of energy-saving products. This includes low -flow showerheads, aerators, compact florescent and LED light bulbs, programmable thermostats, door weatherstripping, and water heater blankets. • Major energy upgrades. The most common and largest energy-saving upgrades are insulation, air sealing, and furnace replacement (including switching to an energy-efficient ECM motor). Historically, about 20% of participants do insulation and air sealing, and about 5% of participants replace their HVAC system (nationally, this is a fairly high follow-through percentage). Without counting savings from good energy habits (as these are not measured or counted by the utilities), the average savings per participant are as follows: Measure Gas savings Electric savings Direct install of products" 6.1 565 Furnace upgrade (5% of homes) 14.7 621 Insulation/air sealing 3 (20% of homes) 15.1 -- Total average savings 23.8 596 Savings as percent of Usage 24.6% 6.3% Average dollar savings per household is $82/year. CO2 reduction is about 1.0 metric tons CO2/household/year; or, over the lifetime of these measures, a cumulative savings of 10.3 metric tons/household. Assuming 400 Edina households participating over the next several years, this would be a cumulative CO2 reduction of 4,115 metric tons. "Savings based on actual install rates by CEE of Home Energy Squad direct install measures; savings per measure are as calculated by Xcel Energy and CenterPoint Energy and approved by MN Division of Energy Resources. 2 Savings for gas based on upgrading to a minimum 95% AFUE, an electrically commuted motor (ECM), and CenterPoint Energy and Xcel Energy calculations as approved by MN Division of Energy Resources. 3 Savings based on estimates from CenterPoint Energy calculations, as approved by MN Division of Energy Resources. ° Edina usage based on data from "Regional Indicators Initiative Project" (Edina's average usage — single family as well as multifamily household - is 9,398 kWh/household and 96.4 Dth/household). Keep in mind that savings will be larger than this average for those homes that do upgrades, and lower for those homes that don't. 52 Case: 12-16986 03/19/2013 ID:8555640 FOR PUBLICATION DktEntry: 25-1 Page: 1 of 16 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT COUNTY OF SONOMA; PEOPLE OF THE STATE OF CALIFORNIA, ex Tel. KAMALA D. HARRIS, Attorney General; SIERRA CLUB; CITY OF PALM DESERT, Plaintiffs -Appellees, COUNTY OF PLACER, Intervenor -Plaintiff -Appellee, V. FEDERAL HOUSING FINANCE AGENCY; EDWARD DEMARCO, in his capacity as Acting Director of Federal Housing Finance Agency, Defendants Appellants, and FEDERAL HOME LOAN MORTGAGE CORPORATION; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendants. 53 No. 12-16986 D.C. Nos. 4:10-cv-03270-CW 4:10-cv-03084-CW 4:10-cv-03317-CW 4: 1 0-cv-04482-CW OPINION Case: 12716986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 2 of 16 2 COUNTY OF SONOMA v. FHFA Appeal from the United States District Court for the Northern District of California Claudia Wilken, Chief District Judge, Presiding Submitted December 22, 2012' Filed March 19, 2013 Before: Stephen Reinhardt, John T. Noonan, and Mary H. Murguia, Circuit Judges. Opinion by Judge Murguia SUMMARY" Federal Housing Finance Agency The panel vacated the district court's order and dismissed for lack of jurisdiction a case challenging a Federal Housing Finance Agency directive. The FHFA issued a "directive" preventing Freddie Mac and Fannie Mae from buying mortgages on properties encumbered by liens made under property -assessed clean energy programs ("PACE"), which finance environmental improvements on residential properties. The panel held that The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. 54 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 3 of 16 COUNTY OF SONOMAy. FHFA 3 the FHFA's decision to cease purchasing mortgages on PACE -encumbered properties is a lawful exercise of its statutory authority as conservator of Freddie Mac and Fannie Mae. The panel held that the courts have no jurisdiction to review actions that the FHFA takes as a conservator, and dismissed the case. COUNSEL Stephen E. Hart, Federal Housing Finance Agency; Howard N. Cayne, Lisa S. Blatt and Asim Varma, Arnold & Porter LLP, Washington, D.C., for Defendants–Appellants. Kamala D. Harris, Attorney General of California; Janill L. Richards, Supervising Deputy Attorney General; Jason A. Malinsky, Deputy Attorney General, Oakland, California, for Plaintiffs–Appellees. OPINION MURGUTA, Circuit Judge: Defendant–Appellant Federal Housing Finance Agency ("FHFA") is the regulator and conservator of Freddie Mac and Fannie Mae (the `Enterprises"). The Enterprises are government-sponsored entities that purchase and securitize residential mortgages. FHFA issued a "directive" preventing the Enterprises from buying mortgages on properties encumbered by liens made under so-called property -assessed clean energy ("PACE") programs, which finance environmental improvements on residential properties—and in return take an interest in those properties senior to any EVI Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 4 of 16 4 COUNTY OF SONOMAy. FHFA mortgagees' interest. Plaintiffs—Appellees, including the State of California and several of its counties, are stakeholders in PACE programs. Plaintiffs—Appellees contend that FHFA acted as a regulator, and not a conservator, when it directed the Enterprises to cease purchasing mortgages on PACE -encumbered properties. And in acting as a regulator, Plaintiffs—Appellees argued in the district court, FHFA would require more than a fiat to order the Enterprises to stop buying mortgages on PACE - encumbered properties: as a regulator, Plaintiffs—Appellees contended, FHFA must issue a regulation to effectuate its order. The district court entered a preliminary injunction requiring FHFA to complete a formal rulemaking under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701, et seq., in order to implement its directive on PACE - encumbered properties properly. FHFA appealed, and we stayed the injunction insofar as it required FHFA to issue a final rule. We then deferred any further action on FHFA's appeal until after the district court ruled on the parties' motions for summary judgment. The district court entered summary judgment in Plaintiffs'—Appellees' favor, finding that FHFA "failed to comply with the APA's notice and comment requirement." The district court enjoined FHFA to complete notice -and -comment rulemaking within 210 days from the issuance of its judgment. FHFA again appealed. We now conclude that FHFA's decision to cease purchasing mortgages on PACE -encumbered properties is a lawful exercise of its statutory authority as conservator of the Enterprises. Because the courts have no jurisdiction to review actions that FHFA takes as conservator, we VACATE the district court's order and DISMISS the case. 56 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 5 of 16 COUNTY OF SONOMAy. FHFA 5 I. Background A Housing and Economic Recovery Act of 2008 The Enterprises, Fannie Mae and Freddie Mac, purchase and securitize residential mortgages. They are governed by the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ("Safety and Soundness Act"), 12 U.S.C. §§ 4501, etseq. In 2008, Congress passed the Housing and Economic Recovery Act of 2008 ("HERA"), which amended the Safety and Soundness Act. Pub. L. No. 110-289, 122 Stat. 2654 (codified at 12 U.S.C. § 4511). HERA established the Federal Housing Finance Agency ("FHFA"), an independent agency charged with supervising the Enterprises and the Federal Home Loan Banks. FHFA has statutory powers as both the regulator and the conservator of the Enterprises. As regulator, FHFA must ensure that the Enterprises operate "in a safe and sound manner," "foster liquid, efficient, competitive, and resilient national housing finance markets," operate "consistent[ly] with the public interest," and comply with all applicable laws. 12 U.S.C. § 4513(a)(1)(B). The FHFA Director "shall issue any regulations, guidelines, or orders necessary to carry out the duties of the Director." Id. § 4526(a). FHFA's regulations are subject to APA notice - and -comment rulemaking. Id. § 4526(b). HERA also grants FHFA the power to place the Enterprises into conservatorship, and FHFA did so on September 6, 2008. See 12 U.S.C. § 4617(a)(2) ("[FHFA] may, at the discretion of the Director, be appointed conservator or receiver for the purpose of reorganizing, rehabilitating, or winding up the affairs of a regulated 57 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 6 of 16 6 COUNTY OF SONOMA v. FHFA entity."). The conservatorships were the result of the economic downturn and housing market collapse, which eroded the value of the Enterprises' assets. FHFA has separate statutory powers as conservator of the Enterprises. As conservator, FHFA succeeds to "all rights, titles, powers, and privileges of the regulated entity, and of any stockholder, officer, or director of such regulated entity with respect to the regulated entity and the assets of the regulated entity." Id. § 4617(b)(2)(A). HERA further enumerates other broad powers FHFA has as conservator, including to take actions "necessary to put the regulated entity in a sound and solvent condition" and actions as may be appropriate to "preserve and conserve the assets and property of the regulated entity." Id. § 4617(b)(2)(D). FHFA has the "incidental power[]" to take "any action authorized by this section, which the Agency determines is in the best interests of the regulated entity or the Agency." Id. § 4617(b)(2)(J)(ii). HERA substantially limits judicial review of FHFA's actions as conservator. The law states: "Except as provided in this section or at the request of the Director, no court may take any action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver." Id. § 4617(f) (emphasis added). Accordingly, if the directive challenged here is a lawful exercise of FHFA's power as conservator of the Enterprises, the courts have no jurisdiction over Plaintiffs'–Appellees' claims, and this case must be dismissed. B. Property -Assessed Clean Energy Programs States—including California—and municipalities have long used their powers to assess levies on real property to finance community improvements, such as sidewalks and 58 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 7 of 16 COUNTY OF SONOMA v. FHFA 7 lighting. See, e.g., Cal. Const. art. 13D (establishing that governments may levy special assessments against real property to pay for permanent public improvements). In a more recent use of this assessment authority, legislatures have authorized state and local governments to implement PACE programs. The programs provide financing for individual home improvements aimed at reducing water and energy use and providing clean power. A government entity pays the cost of the retrofit and imposes an assessment on the real property in the amount of the improvement cost. The funds are raised through the sale of bonds, and assessment revenue is pledged to repay the bonds. California authorized cities and counties to establish PACE programs in July 2008. Cal. Sts. & High. Code §§ 5898.12(b), 5898.20. Pursuant to California law, PACE assessments create liens on real property that have priority over mortgages. Property owners pay a portion of the assessment annually as part of their property tax payments. Id. § 5898.30. When the property is transferred, sold, or foreclosed upon, any amount that is delinquent is due. The remainder of the assessment remains as a lien on the property. Cal. Rev. & Tax. Code § 3712. Speaking generally, foreclosure of a higher-priority—senior—lien on property (e.g., a PACE lien) terminates any junior liens on the property (e.g., a mortgage purchased by one of the Enterprises). See Restatement (Third) of Property (Mortgages) § 7.1 (1997). C. FHFA's Directive Regarding PACE programs On June 18, 2009, FHFA's Director sent a letter about PACE programs to the leaders of associations representing state bank supervisors, credit union supervisors, residential mortgage lenders, state governors, and state legislatures. The 59 Case: 12-16986 . 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 8 of 16 S COUNTY OF SONOMAy. FHFA letter described the "emerging trend" of PACE programs, and stated that the effect of the "first lien status" of PACE loans is "to impair the value of first mortgages to creditors and any subsequent holder of first mortgages and, at the same time, to create risks for homeowners." The Director stated further that the programs may "create risks to homeowners by increasing borrower debt payments that could cause a greater possibility of default; [and have a] negative impact on the marketability of the home." On May 5, 2010, Fannie Mae and Freddie Mac each issued a lender letter to the home mortgage industry. The Fannie Mae letter stated that PACE loans generally have first lien priority over previously recorded mortgages and the Enterprises' Uniform Security Instruments prohibit loans with lien status senior to a mortgage's.' The Freddie Mac letter explained that energy-related liens may not be senior to mortgages delivered to Freddie Mac. On July 6, 2010, FHFA issued a "Statement on Certain Energy Retrofit Loan Programs." FHFA distinguished PACE "loans" from routine tax assessments in that their size and duration exceed typical local tax programs and lack the community benefits associated with taxing initiatives. FHFA stated that the loans present significant risk to lenders and secondary market entities, may alter valuations for mortgage- backed securities, and are not essential for energy conservation. FHFA stated further that PACE underwriting "results in collateral -based lending rather than lending based upon ability -to -pay, the absence of Truth -in -Lending Act and other consumer protections, and uncertainty as to whether ' The Uniform Security Instruments are the documents used when originating mortgage loans. 60 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 9 of 16 COUNTY OF SONOMAy. FHFA 9 home improvements actually produce meaningful reductions in energy consumption." FHFA said the PACE programs' first liens could disrupt a fragile housing market, noting the absence of underwriting standards to protect homeowners and the absence of energy saving standards to allow for the valuation of the home improvements. Together, FHFA said, these issues "combine to raise safety and soundness concerns." In the July 6 letter, FHFA directed the Enterprises to: (1) "[a]djust[] loan -to -value ratios to reflect the maximum permissible PACE loan amount available to homeowners in PACE jurisdictions;" (2) "[e]nsur[e] loan covenants require approval/consent for any PACE loan;" (3) "[t]ighten[] borrower debt -to -income ratios to account for additional obligations that could be associated with possible future PACE loans;" and (4) "[e]nsur[e] that mortgages on properties in a jurisdiction offering PACE -like programs satisfy all applicable federal and state lending regulations and guidance." FHFA further instructed the Federal Home Loan Banks, over which it has regulatory authority—but not a conservatorship—to "review their collateral policies in order to assure that pledged collateral is not adversely affected by energy retrofit programs that include first liens." On July 14, 2010, FHFA issued a statement that, in keeping with its safety and soundness obligations, FHFA would vigorously defend the policies laid out in the July 6, 2010 directive. On August 31, 2010, Freddie Mac and Fannie Mae each issued letters to lenders stating that the Enterprises would cease purchasing mortgage loans secured by a property with an outstanding PACE loan, originating on or after July 6, 61 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 10 of 16 10 COUNTY OF SONOMAy. FHFA 2010, with first lien priority.' Additionally, the Enterprises required that in order to refinance a PACE -encumbered property, an owner must generally pay off the entire outstanding PACE assessment. Finally, on February 28, 2011, after this litigation began, FHFA sent a letter to the Enterprises' general counsels. The letter stated, "The Conservator reaffirms that PACE programs present significant risks to certain assets and property of the Enterprises—mortgages and mortgage -related assets—and pose unusual and difficult risk management challenges for the Enterprises." FHFA expressly invoked its statutory authority as conservator under 12 U.S.C. § 4617, as well as its duty to preserve and conserve the Enterprises' assets, and directed the Enterprises to "continue to refrain from purchasing mortgage loans secured by properties with outstanding first - lien PACE obligations and carefully monitor through their seller -servicers any programs that create such first -lien obligations." D. Prior Proceedings In 2010, the State of California, the Sierra Club, Sonoma County, Placer County, and the City of Palm Desert all filed actions against FHFA and related entities concerning the PACE directives. The claim germane to this appeal, made in each of the operative complaints, is that the July 6, 2010, directive from FHFA to the Enterprises constituted a "rule" under the APA, and therefore could not have been issued lawfully until FHFA engaged in formal rulemaking. ' The FHFA "grandfathered" in PACE first -priority liens for homeowners who obtained PACE loans before July 6, 2010. 62 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 11 of 16 COUNTY OF SONOMAy. FHFA I 1 Sonoma County moved for a preliminary injunction, which the district court granted, holding that section 4617(f)'s prohibition on judicial review of FHFA's actions as a conservator was inapplicable, because FHFA engaged in substantive rulemaking beyond a conservator's ken. The district court left in place FHFA's directive to the Enterpises, but ordered FHFA to commence formal rulemaking. The preliminary injunction was stayed pending appeal. Following oral argument on FHFA's appeal of the preliminary injunction, we submitted the case and issued an order stating that we would take no action on this appeal until after the district court ruled on the parties' motions for summaryjudgment, which had been filed in the interim. The district court granted summary judgment in Plaintiffs'—Appellees' favor and, finding that FHFA failed to comply with the APA's formal rulemaking requirements, entered an order requiring FHFA to publish a final rule concerning the PACE programs by "210 days from the date of entry of this Judgment," October 16, 2012. II. Standard of Review We review de novo the district court's summary judgment. Pac. Coast Fed 'n of Fishermen 's Assns v. Blank, 693 F.3d 1084, 1091 (9th Cir. 2012). III. Discussion As courts may take no "action to restrain or affect the exercise of powers or functions of the Agency as a conservator or a receiver," 12 U.S.C. § 4617(f), the question before us is whether FHFA's directive to the Enterprises to discontinue purchasing PACE -encumbered mortgages is a 63 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 12 of 16 12 COUNTY OF SONOMA v. FHFA lawful exercise of its authority as conservator of the Enterprises—rather than, as the district court concluded, an improper exercise of its power as a regulator. If the PACE directive falls within FHFA's conservator powers, it is insulated from review and this case must be dismissed. Conversely, the anti judicial review provision is inapplicable when FHFA acts beyond the scope of its conservator power. See Sharpe v. FDIC, 126 F.3d 1147, 1155 (9th Cir. 1997) (holding that statutory bar on judicial review of the Federal Deposit Insurance Corporation's actions taken as conservator or receiver "does not bar injunctive relief when the FDIC has acted beyond, or contrary to, its statutorily prescribed, constitutionally permitted, powers or functions." (internal quotation marks omitted)). The scope of FHFA's power as conservator is a matter of first impression before this Court, but no longer a matter of first impression among our sister circuits. In Town of Babylon v. FHFA, 699 F.3d 221 (2d Cir. 2012), the Second Circuit held that courts were precluded by section 4617(f) from adjudicating certain claims including, among others, that FHFA violated the APA by failing to engage in formal rulemaking before issuing the same directive we address in this case. 699 F.3d at 225-28. The Eleventh Circuit followed in Leon County, Florida v. FHFA, 700 F.3d 1273 (11th Cir. 2012), holding that the July 6, 2010, "directive not to purchase PACE -encumbered mortgages was within the FHFA's broad powers as a conservator," and therefore placed beyond the scope of the courts' review by section 4617(f).3 700 F.3d at 1279. ' The district court lacked the benefit of the Second and Eleventh Circuits' analyses when it issued both its preliminary injunction and the judgment that FHFA now appeals. 64 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 13 of 16 COUNTY OF SONOMAy. FHFA 13 We agree. As conservator, FHFA has "all the rights, titles, powers and privileges of the [Enterprises]." 12 U.S.C. § 4617(b)(2)(A)(i). HERA permits FHFA to take actions that are "appropriate to carry on the business of the [Enterprises] and preserve and conserve the assets and property of the [Enterprises]." 12 U.S.C. § 4617(b)(2)(D)(ii). FHFA can, as conservator, take over the Enterprises and operate them with all the powers of the shareholders, directors, and officers of the Enterprises, and conduct all business of the Enterprises. Id. § 4617(b)(2)(B)(i). Further, under its operating powers, FHFA also has the power to "preserve and conserve the assets and property of the [Enterprises]." Id. § 4617(b)(2)(B)(iv). A decision not to buy assets that FHFA deems risky is within its conservator power to "carry on" the Enterprises' business and to "preserve and conserve the assets and property of the [Enterprises]." 12 U.S.C. § 4617(b)(2)(D)(ii). The Enterprises' business is to purchase and securitize mortgages, and FHFA carries on that business when it weighs the relative risks and benefits of purchasing classes of mortgages for investment. When FHFA decides not to purchase a class of mortgages that it believes pose excessive risk, it is attempting to preserve and conserve the Enterprises' assets and property. Indeed, careful management of its mortgage purchase decisions appears to be the only way FHFA can avoid the financial problems which precipitated the Enterprises' conservatorship. Although FHFA's powers as conservator are not limitless, the ability to decide which mortgages to buy is an inherent component of FHFA's charge to preserve and conserve the Enterprises' assets. See Leon Cnty., 700 F.3d at 1279 ("It is fully within the responsibilities of a protective conservator, acting as a prudent business manager, to decline to purchase a mortgage when its lien will be relegated to an inferior position for payment."); see also 65 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 14 of 16 14 COUNTY OF SONOMA v. FHFA Sahni v. Am. Diversified Partners, 83 F.3d 1054, 1059 (9th Cir. 1996) (holding that the FDIC acted "well within its broad statutory powers as receiver" when it sold limited partnerships in which an insolvent bank had an interest, and its actions were therefore insulated from judicial review by a statutory restriction analogous to 12 U.S.C. § 4617(f)). Further, although it is not our place to substitute our judgment for FHFA's, there is, in this case, no doubt that FHFA's actions relate directly to the soundness of the Enterprises' assets. The PACE liens affected by FHFA's directive are superior to the mortgages owned and securitized by the Enterprises. As FHFA explains, such superior liens increase the risks borne by a mortgage -holder substantially: if a borrower is unable to continue paying his mortgage and the property is sold at foreclosure, the proceeds from the foreclosure sale go to the PACE lender first. A mortgage - holder is thus left with only what remains after the superior PACE lien is paid, making it less likely that the mortgage- holder—here, the Enterprises whose assets FHFA is tasked with protecting—will be able to recover its investment. As FHFA observes, PACE liens need not be superior to home mortgages; other states have authorized PACE liens that are subordinate to mortgages and thus do not jeopardize the Enterprises' assets. See, e.g., Vt. Stat. Ann. tit. 24, § 3255. That these subordinate PACE liens are unaffected by FHFA's directive is additional evidence that it was animated by a concern for the soundness of the Enterprises' assets. The district court observed that FHFA's July 6, 2010, letter addressed not just the Enterprises—of which FHFA is conservator—but also the Federal Home Loan Banks, of which FHFA is only a regulator. The breadth of the letter's audience, the district court reasoned, suggests that the 66 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 15 of 16 COUNTY OF SONOMAy. FHFA 15 directive FHFA issued in that letter was a regulation requiring a formal rulemaking. The letter, however, directed the Enterprises and the Federal Home Loan Banks to do different things: the Enterprises were directed to take the action that formed the germ of this lawsuit; the Federal Home Loan Banks were directed only to review their collateral policies. That FHFA treated different entities differently undermines, not supports, the conclusion that it was undertaking regulatory activity applicable to all the entities under its regulatory purview. The district court further observed that the breadth and prospective nature of FHFA's action suggested it had engaged in backdoor rulemaking. While both the breadth and prospective nature of an agency's action are hallmarks of an administrative rule, Yesler Terrace Cmty. Council v. Cisneros, 37 F.3d 442, 448 (9th Cir. 1994), their presence alone does not dispose of the question in this case, because we do not assume from the outset that FHFA acted as a regulator rather than as a conservator. In other words, if we begin from the premise that FHFA's directive was issued in its capacity as a regulator, we might conclude the directive was a rule and that formal rulemaking procedures were required. But as we are trying to establish whether FHFA acted as a regulator in the first place, the rule -like nature of its action is somewhat less probative, because nothing precludes a conservator from making business decisions that are both broad in scope and entirely prospective. Consequently, we agree with the Eleventh Circuit's observation that "[t]he fact that a conservator declines to purchase any—or many—mortgages in which another entity holds a first - priority lien does not turn the FHFA's business decision into an act of rulemaking." Leon Cnty., 700 F.3d at 1279. The categorical nature of the PACE directive, as opposed to a 67 Case: 12-16986 03/19/2013 ID: 8555640 DktEntry: 25-1 Page: 16 of 16 16 COUNTY OF SONOMAy. FHFA case-by-case refusal to purchase PACE -encumbered mortgages, does not change the fact that FHFA's decision is in furtherance of the conservation and preservation of the Enterprises' assets. In concluding that the PACE directive is a lawful exercise of FHFA's power as conservator of the Enterprises, we recognize that FHFA's power has limits. As FHFA acknowledges, HERA distinguishes between FHFA's authority as regulator and as conservator, and FHFA cannot evade judicial review and the APA's requirements for rulemaking simply by invoking its authority as conservator. Analysis of any challenged action is necessary to determine whether the action falls within the broad, but not infinite, conservator authority. Because we conclude that FHFA acted within its powers as conservator, neither we nor the district court have jurisdiction over Plaintiffs'—Appellees' claims. Because we dismiss this case for lack of jurisdiction, we do not address FHFA's alternative contention, that the district court erred on the merits in its determination that the APA applied to FHFA's directive. Accordingly, we VACATE the district court's order and DISMISS this case. 68 From: Galey, Stefanie N. <stefanie.galey@FaegreBD.com> Sent: Tuesday, March 26, 2013 8:55 AM To: Scott Neal; Ross Bintner Subject: Emailing: Westlaw Result.htm Categories: Red Category Hi Scott and Ross --No relief on residential PACE in sight... Stefanie Document Retrieval Result 3/26/13 BONDBYR (No Page) 3/26/13 Bond Buyer (Pg. Unavail. Online) 2013 WLNR 7369063 Wd# uassic Bond Buyer (USA) Copyright 2013 The Bond Buyer. All rights Reserved. March 26, 201320130326050000 Volume 122; Issue 33883 Section: Regional News Ruling a Setback to Residential PACE Programs. Keeley Webster A federal appeals court ruling struck a blow to a financing program for energy efficiency and water conservation projects on homes when it upheld a decision last week by the FHFA prohibiting participation by Fannie Mae and Freddie Mac. Property Assessed Clean Energy (PACE) allows residential and commercial property owners to use municipal bonds to finance energy efficiency and water conservation projects. The costs are financed by bonds and repaid typically over a 15- to 20 -year period by property owners in property tax assessments. Sonoma and Riverside counties are continuing programs aimed at homeowners even though the lack of participation by Fannie and Freddie means homeowners would have to pay off the improvement expenses before selling their homes. Unaffected by the FHFA's decision, commercial real estate PACE programs are taking off in California. Originally conceived in Berkeley, Calif., in October 2008 as a way to help homeowners pay the upfront costs of installing energy efficient, technologies, the PACE program stalled in July 2010 when the Federal Housing Finance Agency, which regulates Fannie Mae and Freddie Mac, ordered the government-sponsored enterprises not to 1 69 underwrite mortgages for homes with PACE loans. FHFA was concerned because the PACE liens are senior to the mortgage, so the PACE lender would be paid ahead of the bank, or Fannie or Freddie, in the case of foreclosure. PACE liens are added to the property owner's tax bill and stay with the property if it is sold. Up to 28 states had adopted PACE programs before the FHFA came out with its decision in July 2010 effectively halting the program a€" at least on the residential side. California, Sonoma County, other local governments and the Sierra Club sued the FHFA. FHFA lost a California court ruling in 2011 that required the federal housing agency to hold public hearings last summer to reconsider its stance and adopt rules justifying its action. The agency had just postponed a decision on enacting a rule until September when the appeals court overturned U.S. District Judge Claudia Wilken's decision last Tuesday. In its ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco said the housing agency does not have to adopt new rules in its role overseeing Fannie Mae and Freddie Mac. Determining which mortgages are too risky to buy is an appropriate action for the federal agency to take to preserve the GSAs, the appeals court said in its ruling. Neither Sonoma County, nor Riverside County, plan to halt their programs as a result of the ruling. Jim Leddy, Sonoma County's community and government affairs manager, said they are going to continue to work with the Obama administration, because several departments have endorsed the program. The county is also working with U.S. Rep. Mike Thompson, D -St. Helena, who plans to introduce legislation that, if passed, could impact the FHFA's decision. Sonoma's program was in place before what Leddy calls the "dust-up with FHFA" occurred. Despite Sonoma County's success with the program, Leddy said it has slowed since the issues with the FHFA arose in 2011. Sonoma County has financed roughly $50 million in improvements to 1,783 homes and $10.17 million for 58 businesses with no defaults, Leddy said. Since launching its program in February 2012, the Western Riverside Council of Governments has secured financing for 1,800 projects totaling $33 million and approved 4,700 applications totalling $136 million, said Barbara Spoonhour, director of Energy and Environmental programs for the regional planning agency. Those totals, are just for the residential program being underwritten by Renovate America,, because the commercial real estate program was just launched, Spoonhour said. Digital Risk is acting as the underwriter for the commercial program. Currently, the program is issuing limited improvement bonds as private placement bonds. The agency is still evaluating the impact of the ruling, she said. Since WRCOG launched its program after the FHHA issued its prohibition, it has structured the program so that homeowners are informed they may have to pay off the debt upon sale or refinancing of the property. So far, they haven't encountered problems when houses have traded hands. They have had 34 properties go through a title transfer and four prepayments. Two of the prepayments were requested by the lender and the other two were voluntary. In fact, the WRCOG program has been so successful that they started a program called California Hero that will be a statewide residential and commercial program. "We feel we have a turnkey product that cities and counties can utilize," Spoonhour said. "It saves them from investing the upfront costs of creating a program a€" and from having to push the concept out two years while they establish a program.". WRCOG pushed ahead because of the economic benefits of putting the areas 650 registered homebuilding contractors back to work, she said. Given the problems created by the FHFA's stance, Figtree Energy Corp. is focusing on providing funding for 2 70 commercial real estate upgrades for now. Figtree arranges financing and lender consent for property owners by aggregating and selling the projects as municipal bonds and will consider projects as small as $5,000. "Because Figtree is currently focused on commercial PACE solutions a€" all for which we obtain mortgage lender consent a€" the residential ruling only hinders us in that it confuses the PACE marketplace," said Terri Steele, Figtree's vice president of marketing. Commercial PACE is moving forward, because "nobody guarantees commercial mortgages," said Derek Brown, managing director at Clean Fund, which provides financing for the programs. "There is no regulator that has its fingers in the pies." He added that the federal Office of the Comptroller, which regulates national banks, worked to set up stringent parameters for the program so that commercial mortgages aren't impacted. The result is while residential PACE has been limited, commercial PACE programs could be bundling the privately placed bonds to sell in the public market within a few years, according to market watchers. Brown said within 18 months his company expects to be doing between $40 million and $100 million. ---- INDEX REFERENCES ---- COMPANY: FEDERAL NATIONAL MORTGAGE ASSOCIATION; FEDERAL HOME LOAN MORTGAGE CORP INDUSTRY: (Demand -Side Management (iDE94); Utilities (1UT12); Banking (1BA20); Mortgage Banking (iMO85); Consumer Finance (1CO55); Subprime Lending (iSU05); Loans (11-012); Financial Services (1FI37); Energy & Fuel (1EN13); Retail Banking Services (1RE38)) REGION: (U.S. West Region (1WE46); North America (iNO39); Americas (1AM92); California (1CA98); USA (1US73)) LANGUAGE: EN OTHER INDEXING: (CLEAN FUND; FIGTREE ENERGY CORP) (Jim Leddy; St. Helena; Michael Thompson; Barbara Spoonhour; Derek Brown; Terri Steele; Claudia Wilken) Word Count: 991 3/26/13 BONDBYR (No Page) END OF DOCUMENT © 2013 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. Print/Deliver glo Q 2013 Thomson Reuters 3 71 Two perspectives on household electricity use - Today in Energy - U.S. Energy Informati... Page 1 of 2 U.S. Energy Information 61 a Administration Today in Energy March 6, 2013 Two perspectives on household electricity use Residential energy consumption estimates, 1950-2011 quadrillion Btu quadrillion Btu co 16 site energy consumption 16 primaryZother 14 14 12 12 10 10city 8 8 es) 6 64 4other fuels els 2 electricity 2 0 - T --- 0 -- --- 1950 1970 1990 2010 1950 1970 1990 2010 Source: U.S. Energy Information Administration, Annual Energy Review 2011, Table 2.1 b Electricity and natural gas now account for approximately equal amounts of the energy consumed on site in U.S. households. But because it takes on average nearly three units of energy from primary fuels such as coal, natural gas, and nuclear fuel to generate one unit of electricity, increased electricity use has a disproportionate impact on the amount of total primary energy required to support site -level energy use. Electricity -related losses explain the difference between energy consumption in the residential sector as measured by energy consumption on site (left) and energy consumption of primary fuels (right). Unlike natural gas consumption in the residential sector, which has remained nearly flat for decades, and consumption of other fuels, which has declined, the use of electricity in the residential sector has grown. Electricity powers dozens of machines in homes, including heating and cooling equipment, cooking appliances, refrigerators, dishwashers, and an over- growing number of home entertainment and rechargeable devices. Although many electric end -uses are covered by federal efficiency standards or voluntary programs like ENERGY STAR®, increases in both the percentage of homes with those devices and, in the case of electronics like televisions and computers, the number of devices per household have offset efficiency gains in residential electricity use. For example, according to EIA's Residential Energy Consumption Survey (RECS) in 1993, only 22% of households had three or more televisions, and less than 45% used central air-conditioning. By 2009, nearly half of all homes contain three or more televisions, and more than 60% use central air-conditioning. Increasing electricity consumption within homes has broader implications for total energy use. In 1950, electricity generators used nearly five units of primary energy to generate one unit of electricity. By 2011, changes in the generation mix and improvements in technology lowered this value to 3.1 units of primary energy for every unit of electricity. Historical time -series data for commercial, industrial, and transportation are available in the Annual Energy Review, and projections are available in the Annual Energy Outlook. 72 http://www.eia.gov/todayinenergy/detail.cfm?id=10251 06 -Mar -13 19 March 2013 City of Edina Mayor and City Council, Subject: Golf Dome Energy Efficiency Option We have reviewed the Executive Summary and recommended bid award documents produced by RJM Construction included in the City Council meeting agenda for the 19 March 2013 meeting Agenda item VIII.A. Although the optional alternative for an energy efficient dome is not clearly recommended or explained, we strongly recommend the Council choose the energy efficient dome as briefly described as Alternative 2 in the RJM executive summary for the reasons discussed below. It is not often that one decision by the City can make a significant and ongoing impact on energy use and greenhouse gas emissions - this is one time the city can make a significant difference. It is our understanding that in choosing the Alternative 2 the City will save approximately 25,000 Therms of natural gas per year, providing a 135 metric ton per year reduction in CO2 emissions and an approximately four year or less payback on the initial additional investment in a higher efficiency dome. In addition there is a likely 59,000 rebate available from CenterPoint Energy on the project if the energy efficient option is chosen. This is a long term investment by the city, and we think you should choose the energy efficient Alternate 2 without hesitation and demonstrate to the community by action our espoused commitment to reduce greenhouse gas emissions. Respectfully, Bill Sierks, Chair, Edina Energy and Environment Commission John Heer, Vice Chair Edina Energy and Environment Commission CC: Scott Neal Ross Bintner 73 From: Wayne Houle Sent: Thursday, March 28, 2013 7:14 AM Cc: Cary Teague; Ross Bintner; Ariel Klugman; Sharon Allison; Chuck Rickart; Andrew Plowman (APlowman@wsbeng.com); Michael Schroeder (Michael.Schroeder@lhbcorp.com) Subject: Special Meeting of the Edina Transportation Commission for the France Avenue Urban Design Component Dear Edina Transportation Commission members, Planning Commission member, Energy and Environment Commission member, Human Rights and Relations Commission member, France Avenue property owners, Edina staff, and consulting team: You are invited to a special meeting of the Edina Transportation Commission scheduled for April 22, at 7:00 PM at Edina Public Works - 7450 Metro Boulevard, Edina. The purpose of this special meeting will be to help guide the urban design component of the France Avenue Corridor. During the planning for what we thought would be three meetings, Michael Schroeder developed a work plan that could accomplish the guiding principles for the corridor in a special meeting and using a portion of the May ETC meeting. Therefore, if you are an ETC member, you will only need to accommodate one extra night meeting this spring. Please RSVP to SAllison@edinamn.eov if you plan to attend this meeting. Thanks Wayne Houle, Director of Engineering 952-826-0443 1 Fax 952-826-0392 WHoule@EdinaMN.eov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business -----Original Message ----- From: Paul Nelson fmailto:pnelson5220@gmail.coml Sent: Tuesday, March 26, 2013 12:39 PM To: Wayne Houle Subject: France Avenue Wayne, As the chair of the Edina transportation commission, I would like to call a special meeting for April 22, 2013 in order to discuss the France Avenue improvement project. Would you be able to schedule that for me and notify the members of the transportation commission and others you think should attend? Thank you. Paul Nelson Phone 612-363-6469 Pnelson5220@email.com 1 74 From: Sean Gosiewski <iasa@mtn.org> Sent: Friday, March 22, 2013 2:42 PM To: dcabot@lmc.org; Bernardy, Connie; Ross Bintner, shann.finwall@ci.mapiewood.mn.us Cc: 'Muessig, Philipp (MPCA)'; Amir Nadav Subject: Green/Living/Complete streets - event for Environmental Commissions - which dates work for you in May? Hello Connie, Ross, and Shann, We want to see if your Maplewood and Edna environmental and transportation commissioners can join us to talk about Living Streets Policies with volunteers from metro City Environmental Commissions May 7,8,14 or 151h at the League of MN Cities. Which of these dates work for you? We hope you can share the Living Streets Policy, your overall bike/ped plan and one project example from each of your cities. We want to emphasize including both water quality and bike ped design with street projects. Connie can you invite folks from the Active Living Ramsey Communities? THANKS Sean Gosiewski, Executive Director Alliance for Sustainability 1521 University Ave SE Minneapolis, MN 55414 612-250-0389 Sean@afors.ore , www.afors.ore Linking Citizens and Cities for Sustainable Communities From: Ross Bintner [mai Ito: RBintner(&EdinaMN.gov] Sent: Friday, March 22, 2013 12:25 PM To: sean(a)afors.org Subject: Sustainability Event - Green/Living/Complete streets Sean, My counterpart on the transportation side is out today. I'll catch up with her on Monday to discuss the concept of your forum on the 7,8,14 or 15th of May. Potential invitees would be ETC/EEC chair or leader, and staff. Ross Bintner, PE, Environmental Engineer 952-903-5713 1 Fax 952-826-0392 RBintnerOEdinaMN.aov I www.EdinaMN.aov ...For Living, Learning, Raising Families & Doing Business 1 75 To: City Council From: Karen Kurt, Assistant City Manager Date: March 5, 2013 Subject: Park and Recreation Turf Management Plan :qiE IHBLI Agenda Item M. IV. D. Action Discussion ❑ Information ❑ Action Requested: Adopt the Edina Park and Recreation Turf Management Plan With Proposed Staff Edits. Information / Background: The Turf Management Task Force was formed in September 2010 at the request of the Energy and Environment Commission (EEC) as a response to Edina residents' concerns on the use of herbicides in parks and children play areas. The Task Force consisted of one member each from the EEC, the Community Health Committee and the Park Board. The City was represented by the former Superintendent of Parks. The Task Force reviewed the original Turf Management Plan and evaluated how it was implemented from 1994 to date. The Task Force reports that herbicides were not always applied according to the plan. Residents' concerns about excessive dandelion weeds in untreated areas (classified as "C" in the plan) had prompted treatment of those areas with one-time spraying of the herbicide 2,4 D early in the spring. The Task Force revised the Turf Management Plan (January 13, 2012) to update the list of recreation, facility and open areas and their related designation for weed tolerance and control. The designations for several areas were changed from the original plan to raise the level of weed tolerance and eliminate all but organic weed control. The Plan further notes "Organic herbicides have been shown to be an effective non-toxic alternative for lawn care. Unlike chemicals, organic applications require attention to proper timing and weather conditions. Typically, it takes three to four seasons to eliminate weeds, compared with just one application per season for the chemicals." The Plan was reviewed with the Council during a joint work session with the EEC on January 21, 2012. Due to staff transitions, the Plan was not forwarded to the Council for official approval. We apologize for this oversight. However, the Parks and Recreation Department followed the guidelines during the 2012 growing season. City of Edina • 4801 W. -W St. • Edina, MN 55424 REPORT / RECOMMENDATION Page 2 Current Parks and Recreation and Public Works leadership supports the intent and work done by the Task Force to reduce the use of pesticides on City property. Current leadership would suggest the following edits to the plan: 1) City Hall is returned to an A designation from an O/C designation. 2) Category O is clarified to allow for the use of organic applications prior to the presence of 15%-25% weed cover. Staff believes that organic applications will be more effective before weeds have an established presence on the property. It is important to note that staff experience with organic applications has yielded mixed results. Residents are likely to see more weeds over the next few years as the residual impact of the herbicides wears off. As a result, we anticipate more resident complaints about the condition of the City parks and facilities, as well complaints about the spreading of weeds to private property. Staff would benefit from assistance from the EEC with respect to public education and would recommend that this be considered for a future work plan. Attachment: • Edina Park and Recreation Turf Management Plan - Revised January 13, 2012 (Redline Version) 77 EDINA PARK AND RECREATION DEPARTMENT TURF MANAGEMENT PLAN EXECUTIVE SUMMARY Revised Jan. 13, 2012 78 Introduction The City of Edina owns and maintains over 1,500 acres of beautiful park land, wooded areas and open space within its city boundaries. Approximately 600 acres are grassy areas that are routinely maintained on a mowing schedule. In addition, the Edina Park and Recreation Department also maintains many acres of highway islands and boulevards. Part of the maintenance responsibility includes controlling undesirable and/or injurious pests, such as weeds, insects and fungus to an acceptable level of tolerance. Some of the Edina Park Maintenance Department turf management practices that have been used in the past have included the use of fertilizers and herbicides. Terminology By dictionary definition, pesticides are chemicals used to kill pests, such as insects and rodents. Herbicides are chemicals used to eradicate (kill) plants, such as weeds and grasses. In fact, the term "cide" means killer. The word "pesticides", however, is commonly used as the term that includes all the "cides" in the industry, such as fungicides, insecticides, and herbicides. In other words, all herbicides are considered to be a type of pesticide. There are 18 major pesticides that are used in approximately 2,100 different lawn care products. Selective herbicides are chemicals that are designed to eradicate specific plants, such as broad leaf weeds, while not harmfully affecting other plant species that share common turf, such as desirable grasses. One of the most commonly used selective herbicide chemical is 2,4-D. Non-selective herbicides are chemicals that are designed to eradicate all "greed' plant life. In other words, Non-selective herbicides, such as Roundup (a water soluble Non-selective herbicide brand name manufactured by Monsanto Company), are used to kill all green plants, such as all turf grasses and weeds. Non-selective herbicides essentially block the photosynthetic process in plants. Turf areas that have been treated with Non-selective herbicides can be re -turfed (seeded or sodded) within a week after application. Non-selective herbicides are commonly used to kill green growth around trees and under fencing to eliminate the need for labor intensive grass/weed trimming. Organic herbicides are non -chemicals, often plant -based such as corn gluten that work by inhibiting root formation at the time of germination The timing of application is very important for the treatment to be effective. Turf must be treated before weeds germinate. Organic herbicides have low or no toxicity for humans and animals and break down rapidly in the environment after application. History One of the turf management practices that has been used by the Edina Park Maintenance Department to control weeds and other undesirable grasses has included broadcast applications 79 of selective herbicides by licensed herbicide applicators. This practice has long been viewed as an economical approach to weed control. The largest grassy areas of the Edina Park System have typically been treated with selective herbicides (sprayed on in a liquid form) once per year in the Spring. These large area applications have been carried out by Edina Park Maintenance staff who have been trained and licensed by the Minnesota State Department of Agriculture. The smaller areas, such as roadway triangles and islands, that are more labor intensive to maintain, have been annually treated with selective herbicides in the Spring by contracted turf care companies, such as True Green ChemLawn. The heavily scheduled athletic fields throughout the Edina Park System have typically been treated with selective herbicides in a liquid form in the Spring and have received an application of weed and feed granular (combination fertilizer and selective herbicide) in the Fall of the year. Fertilizers are typically applied once or twice annually to turf areas in need of nutrients to maintain healthy grasses. Fertilizers are not herbicides and are not considered to be a member of the "pesticide" family. Fertilizers are essentially nutrients (food) for grass plants. The large open grassy areas throughout the Edina Park System have not been treated with fertilizers in past practices, mainly due to economic reasons. In the past, the Edina Park and Recreation Department has used non-selective herbicides, such as Roundup, to eliminate green growth around trees, under fencing, around hockey boards and in cracks that develop in tennis courts and hard surface areas, such as basketball courts. This practice has been an economical approach to grass and weed trimming, mainly for aesthetic purposes. The eradication of weeds and grasses that develop in cracks in tennis courts and hard surfaces courts has been done for two main reasons: 1 Eliminate hazardous play surface conditions (safety reasons). 2 Minimize further damage to the hard surface area (economic reasons). The main goal of the Edina Park and Recreation Department's turf management plan has long been to maintain safe and aesthetic turf in the most economical fashion allowed by law. The Edina Park and Recreation Department's past practices have been carried out by hard working, dedicated and well trained maintenance personnel who take great pride in their work. The City of Edina and its Park Maintenance Department have always been concerned and conscious of the impact of its turf maintenance practices on human and animal health and the environment. Because the most important factor in applying herbicides is safety (especially that of children), the Park and Recreation Department has voluntarily made (and continues to make) changes in its own methodology in the application of herbicides to help minimize herbicide exposure to children. During the Spring of 1994, several concerned residents questioned the potential health hazards associated with the Edina Park and Recreation Department's turf management practices. At the Edina City Council meeting on Monday, June 20, 1994, the Edina City Council directed staff to work with Edina Community Health Advisory Committee (ECHSAC) to establish a plan and a process that addresses the concerns of the use of herbicides on City owned property. ECHSAC July 13, 1994, Meetin 80 The ECHSAC met on Monday, July 13, 1994, to discuss this issue. After lengthy discussion, it was determined that the goal should be to find alternative methods of turf management to control pests, such as weeds, that require considerably less or no herbicides. The issue regarding the potential health hazards and environmental impact associated with the use of herbicides was discussed and there was clearly debate on both sides of the issue. It was determined by the ECHSAC that, at this point in time, there is not enough undisputed conclusive evidence that suggests that the Edina Park and Recreation Department's current use of herbicides does or does not pose potential health or environmental hazards. Therefore, the recommendation of the ECHSAC was for the City of Edina to establish a turf management plan that ens on the safe side of herbicide use. The action taken by the ECHSAC at that meeting was as follows: Bob Wilkins MOVED TO RECOMMEND THAT THE PARK AND RECREATION DEPARTMENT WORK WITH THE HEALTH DEPARTMENT AND THE PUBLIC WORKS DEPARTMENT IN CREATING A CLASSIFICATION OF PARK PROPERTIES AND RECOMMEND AN APPLICATION PROCESS THAT WOULD LIMIT AND REDUCE USE OF HERBICIDES IN RESPONSE TO CITIZENS CONCERN. AS AN ALTERNATIVE TO HERBICIDE USE, THE COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE RECOMMENDS INVESTIGATING INTEGRATED PEST MANAGEMENT (IPM), A PROGRAM EMPHASIZING FERTILIZING, SEEDING, AND MOWING. THIS PROGRAM WOULD BE REVIEWED BY THE COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE FOR IMPLEMENTATION IF THERE IS PROVEN EFFECTIVENESS. Audrey Runyan SECONDED. MOTION CARRIED. At the August 1, 1994, City Council meeting, the Edina City Council directed the staff to research and recommend a plan to reduce the use of herbicides on public properties and present the recommendations initially to the Edina Community Health Services Advisory Committee. The ECHSAC was asked to review staff's recommendations for alternatives for turf management during the month of December, 1994. The plan was to then have staff take the ECHSAC's recommendations to the Edina Park Board at the January, 1995, Park Board meeting. The Edina City Council has further directed that the matter then be brought before the Edina City Council on Monday, February 6, 1995. At the November 16`s ECHSAC meeting, the ECHSAC was concerned about the long term effects of herbicide use, as well as, recommending a realistic and acceptable plan using preventative measures that will benefit people 20 to 30 years from now. The ECHSAC determined that there is good reason to establish a plan and policy that reduces the amount of herbicide use on public and private lands. Through this study, it was learned that the Environmental Protection Agency (EPA) registers, rather than licenses, herbicides and pesticides. Therefore, the EPA does not guarantee the safety of the products they review. The EPA can, however, require testing of products and recently stipulated, for example, that the 2-4, D manufacturers repeat an animal -cancer study. The EPA has also asked the industry to take voluntary risk -reduction measures while the study proceeds. According to the 1993 General Accounting Office (GAO) Report, the EPA is more concerned with the health effects of one-time 81 or short-term exposures to MCPP and dicamba along with 2,4-D (which are "licensed herbicides" currently used by the Edina Park and Recreation Department). The 1993 GAO Report also states that dicamba and 2,4-D are deemed "restricted use candidates" by the EPA due to groundwater concerns. The one fact that is most commonly misunderstood by the public is that an EPA "licensed herbicide" is not necessarily "safe" with regards to human and /or environmental health. Through this study we have further learned that the EPA has not yet developed guidelines to assess the health effects of human exposure to pesticides after they are applied to lawns. In particular, the EPA is concerned about the persistence of pesticides in the environment and potential effect on children, who may have more contact with treated lawns than adults (1993 GAO report). Edina Park Board January 10, 1995 Meeting At the January 10, 1995 Edina Park Board meeting, the Edina Park Board took the following action: Mr. Fee MOVED TO RECOMMEND TO THE CITY COUNCIL THAT WE ACCEPT THE RECOMMENDATIONS OF THE ECHSAC AND RECOMMEND TO THE CITY COUNCIL THAT THEY ADOPT THE TURF MANAGEMENT PLAN AS PRESENTED IN THE REPORT SUBJECT TO ANNUAL REVIEW OR SOONER IF DETERMINED NECESSARY. John Dovolis SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. INTEGRATED PEST MANAGEMENT PRACTICES There are various but limited turf management practices that promote healthy grass growth and turf stability while minimizing weed growth without the use of herbicides. The goal is to create a strong and healthy grass that dominates weed growth. Ideally, the goal is to maintain healthy turf grasses while controlling the percentage of pests (weeds) within a predetermined tolerance level without the use of herbicides. Desirable grasses need four main elements to survive: 1 Air 2 Water 3 Food (nutrients) 4 Sunlight Grasses cannot survive when any of the above elements are absent. The most important element is air. In other words, if soil is too compacted, grasses cannot breath. The second most critical element is water. Desirable grasses do not compete well against weeds and undesirable grass plants in drought conditions. 82 The fact is that weed plants (such as knotweed) and undesirable grass plants (such as sandbur) are typically much hardier plants than desirable grasses (such as bluegrass or ryegrass). If left to nature without any interference of turf maintenance, weeds and undesirable grasses will eventually dominate the turf. In some cases, a weed dominated turf can lead to unsafe or intolerable turf conditions for certain turf users, such as softball, baseball, soccer and football players and golfers. Integrated pest management practices that help desirable grasses best compete with weeds are as follows: 1 Irrigation 2 Aeration 3 Proper drainage 4 More frequent mowing schedule whenever possible (ideally never cut more than 1/3 of the grass plant each cut) 5 Set mowers higher (cut grasses ideally at 2'h") 6 Proper fertilization schedule (more frequent and smaller quantities per application, plus proper timing) 7 Over seeding (slit seeding) 8 Top dressing 9 Use most durable grass seed mixture selections 10 Sodding where practical 11 Minimizing thatch where needed 12 Spot use applications (as opposed to broadcast applications) of least toxic herbicides only in cases where the intended activity would be intolerably compromised or when an economic or potential human injury is at risk To achieve the goal to use the least amount of herbicides possible, staff is proposing the following IPM based turf management plan: TURF MANAGEMENT PLAN (GOALS) 1 Identify existing pests, such as weeds, and their current percentage make up of existing ground cover. 2 Identify stressed areas of turf and evaluate IPM based options for treatment of the problem. 3 Establish a classification of Edina's public -owned park lands and open space and establish a weed tolerance level to each property. 4 Establish reasonable investments needed and desired to assure best results utilizing IPM based principles in turf management. 5 Routinely monitor and analyze success of IPM based turf management program in writing: a Identify the pest (weed) and the size (density) of its infestation. b Keep records of effectiveness of treatment on solving each turf problem; irrigation, 83 fertilization, mowing, aeration, dethaching, and, as a last resort, use of least toxic chemical. c Keep records of citizen complaints and comments related to turf management program. 6 Develop a list of acceptable management strategies for eradication of weeds when weed dominance exceeds predetermined tolerance levels, such as: a Predetermine a list of herbicides that are effective against the targeted pest (weed) but is least disruptive to the environment, and human and animal health. b Use methods of selective spot treatments instead of broadcast treatments whenever possible. c Post signage before, during and after applying herbicides. Signs should carry the following information: 1) date of application; 2) any advisoryrequired by State law. d Apply herbicides only as a last resort. e Consult a professional turf restoration professional before determining that herbicides are necessary. It is recommended to continue this practice for a minimum of two years. f Making sure that herbicides are applied by only licensed herbicide applicators. Designate a responsible individual (or individuals) for making decisions to cavy out and evaluate the turf management plan. 8 Educate full-time maintenance staff as to best turf management practices using integrated pest management approaches to pest control. In other words, become self-reliant to avoid long-term reliance on consulting expertise. Promote and educate the public as to responsible effective private lawn care practices. Encourage the public to implement integrated pest management practices on their private properties. Turf Management Task Force The Turf Management Task Force was formed in September 2010 at the request of the Energy and Environment Commission (EEC) as a response to Edina residents' concerns on the use of herbicides in parks and children play areas. The Task Force consisted of one member each from the EEC commission, the Community and Health Committee and the Park Board. The City was represented by the Superintendent of Parks. The "Task Force reviewed the original Turf Management Plan and evaluated how it was implemented from 1994 to date. It was discovered that herbicides were not always applied according to the plan. Residents concerns about excessive dandelion weeds in untreated areas (classified as "C" in the plan) had prompted treatment of those areas with one-time spraying of the herbicide 2.4 D early in the spring. Organic herbicides have been shown to be as an effective non-toxic alternative for lawn care. Unlike chemicals, however, organic applications require additional attention to proper timing 84 Deleted: to keep offthe grass for at least 7 days after application. Signs should be clearly legible and weather conditions. Typically, it takes three to four seasons to eliminate weeds, compared with Just one application per season for the chemicals. The Turf Management Task Force concluded that organics can be easily integrated within the current turf management practiced by staff. Organics will be the environmental preferable altemative to treating areas that have 25% tolerance for weeds and are located at or near children play areas. The revised plan uses a new label "O" to indicate turf areas that will be treated with or ag nics.,A statement will be added to the City website indicating that there will be no spraying_ oe�etea: Signs will heposted near children play areas to make it known that they have not been within 30 feet of children's play areas. The Turf Management Task Force recommends that the chemically treated. Edina Energy and Environment Commission review_turf management practices every five years Deleted: ing in consultation with the Park Board, with theoe al of progressively decreasing the use of chemical pesticides. 85 WEED TOLERANCE CLASSIFICATION FOR CITY OF EDINA OWNED PROPERTY 86 WEED TOLERANCE CLASSIFICATION FOR CITY OF EDINA OWNED PROPERTY In 1995, the City of Edina adopted the following standards to Edina's public -owned parklands and open space. Next to each classified public land or open space, is a suggested category (A -D) designation as to the level of weed tolerance proposed for that particular area. In turn, each classification dictates the type of turf management needed for that specific ground cover. The definition of each category is as follows: CATEGORY A These areas shall have a 0-5% tolerance for weeds. In other words, herbicides will not be applied to these ground covers until weed growth makes up 5% of the total ground cover and it has been determined that there are no other reasonable methods of weed control. CATEGORY B These areas shall have a 15%-25% tolerance for weeds. In other words, herbicides will not be applied to these ground covers until weed growth makes up 15%-25% of the total ground cover and it has been determined that there are no other reasonable methods of weed control Deleted: . CATEGORY C These areas shall have a 100% tolerance for weeds. In other words, herbicides will not be used as a means to eradicate weeds with the exception of noxious weeds or other exotics mandated by State Law. If necessary, where needed or desired, these areas will undergo a returfinent (restorations which will replace or restore existing ground cover. Deleted:), CATEGORY D These are areas that are subject to special herbicide applications, such as eradication of noxious weeds as mandated by Minnesota State law and the creation of oak savanna forests. In essence, all public -owned and private -owned properties are subject to category in the event that noxious weeds are present. CATEGORY O These areas shall have a 15%-25% tolerance for weeds. These areas are scheduled and non- scheduled athletic fields located near schools or untreated areas. It is desirable to reduce the amount of chemicals in these areas to avoid unnecessary health and environmental risks. These areas shall either be treated with organics, or revert to category C. These areas are indicated below as "O/C" *These areas were changed from staff's recommended category `B" to category "C" by the Edina Community Health Services Advisory Committee. These were changed for reasons of minimizing potential herbicide exposure to children (Cornelia School fields, Creek Valley School fields and the Yorktown Park field next to the Southdale YMCA). 10 87 5 MULTIPLE -USE NON-SCHEDULED ATHLETIC FIELDS: (one field each) • Arden Park • Birchcrest Park 11 88 O/C;, O/CS Deleted: 2 Deleted: s Deleted: C*to B Deleted: 1 Deleted: C*to B Deleted: 3 Deleted: 3 Deleted: Cato B Formatted: Font: Bold Deleted: 2 Deleted:1 Deleted: Lake Cornelia Deleted: e Deleted: softball Deleted: .B ta"11: -. Moved (Insertion) [1] Deleted: 2 Dem leted: <#>Paela Park baseball fields (2 ftelds) . . B¶ Deleted: 1 Deleted: 2 Deleted: B Deleted: Deleted: 5 Deleted: <#> Yorktown Park softball field H field . C*delete¶ Deleted: <#>Alden Park . . C tI BI Deleted: to B Deleted: to B CATEGORY 1 GOLF COURSES: • Braemar Golf Course (36 holes) A • Braemar Golf Driving Range A • Normandale Golf Course (9 holes) A 2 FLOWER GARDENS: • 72 different sites throughout park system A • Formal Gardens at Arneson Acres Park A 3 SCHEDULED ATHLETIC FIELDS (CAN BE LOCKED/SECURED): • Braemar soccer field (one field) A • Courtney Fields Baseball Complex (4 fields) A • Garden Park baseball field (one field) A • Van Valkenburg Park Softball Complex (3 fields) A 4 MULTIPLE -USE SCHEDULED ATHLETIC FIELDS: • Alden Park soccer field (1 field) B • Cornelia School softball fields (1 field • Cornelia School baseball field (fields) • Countryside Park baseball fields (Lfields) B • Creek Valley soccer fields (.5 -fields) A • Garden Park softball field (1 field) B • Garden Park soccer fields (4 fields) B • Highlands Park soccer field (L fields) B • Highlands Park softball field (1 field) B •o and _Parkj2aseball field (1 field) • Rosland Park Disc Golf (1 field) O/C • Rosi4ad Par (1 baseball) _ _ _ BL • Lewis Park soccer/football fields (fields) B • Normandale Park baseball field (1 field) B • Pamela Park softball fields Q field) B • Pamela Park soccer fields Q fields) B • Strachauer Park (2 soccer) B • Todd Park softball field (1 field) O/C • Walnut Ridge Park (2 Lacrosse) B • Weber Park baseball 1 field oftball fields (fields) B • Wooddale Park baseball/softball field (1 field) B 5 MULTIPLE -USE NON-SCHEDULED ATHLETIC FIELDS: (one field each) • Arden Park • Birchcrest Park 11 88 O/C;, O/CS Deleted: 2 Deleted: s Deleted: C*to B Deleted: 1 Deleted: C*to B Deleted: 3 Deleted: 3 Deleted: Cato B Formatted: Font: Bold Deleted: 2 Deleted:1 Deleted: Lake Cornelia Deleted: e Deleted: softball Deleted: .B ta"11: -. Moved (Insertion) [1] Deleted: 2 Dem leted: <#>Paela Park baseball fields (2 ftelds) . . B¶ Deleted: 1 Deleted: 2 Deleted: B Deleted: Deleted: 5 Deleted: <#> Yorktown Park softball field H field . C*delete¶ Deleted: <#>Alden Park . . C tI BI Deleted: to B Deleted: to B 10 MEDIAN GRASS AREAS (ISLANDS AND TRIANGLES): • Bristol O/C B • Boulevards • Browndale O/C B • York Ave. Island • Chowen Park O/Cl Deleted: to B • Boulevards adjoining Duegan Plaza • Heights Park -0/c Deleted: CB (organic treatment) Kojetin Park ,O/(,McGuire Deleted: CB (organic treatment) O/C Deleted: I _ - _ _ - - - - - - - Deleted: <#>NormandalePark • Sherwood Park O/C, C to BI • St. Johns's Park Q/c` Moved up [1]: Roseland • ,Tingdale Park O/(;, Park . o/C¶ • ,York Park �/� Deleted: to B Deleted: to B 6 SPECIAL USE MAINTAINED FACILITIES (Outdoor areas): Deleted: <#>stracnauer Park • Arneson Park (arboretum and general grounds) A C to B¶ • Braemar Arena grounds area B Deleted: to B • Braemar Golf Dome grounds area C Deleted: <#>Walnut Ridge Park c to BI • ,Centennial Lakes A Deleted: to B • Edina City all 0/C _ Deleted: <#>Brian Wippermann Gun • Edina Art Center C _ Range C aeieteT • Edina Fire Department A Deleted: A • Edina Public Woks Building grounds O/C D� : B • Edinborough Park (one acre exterior area) A , Deleted: A • Frank Tupa Park (historical site) 00/C1 Deleted: to B) • Williams Park (historical site) -O/C Deleted: CB (organic treatment) 7 MAINTAINED OPEN PLAY AREAS/OPEN GREEN SPACE: • All 38 parks (approx. 400 acres) C 8 DESIGNATED PICNIC AREAS: • Lake Cornelia Park C • Braemar Park C 9 PLAYGROUND AREAS: • 24 playground equipment sites C 10 MEDIAN GRASS AREAS (ISLANDS AND TRIANGLES): • Frontage roads B • Boulevards B • Triangles/medians B • York Ave. Island B • Boulevards adjoining Bredesen Park O/C • Boulevards adjoining Duegan Plaza O/C • The "Circle" area of Duegan Plaza O/C 12 89 11 WOODED/NATURE AREAS: • Braemar Park savanna forest areas D • Bredesen Park C • Lake Cornelia Park C 12 NON -MAINTAINED OPEN SPACE/WOODED AREAS AND OTHER MISCELLANEOUS PARK LAND: • Fox Meadow Park (park land) O/C • Garden Park Addition (open space) C • Highlands Park O/C • Krahl Hill (open space) C • Lincoln Drive Floodplain (open space) C • Moore Property on Melody Lake (open space) C • Todd Park O/C • Walnut Ridge Park C 13 HARD SURFACE AREAS: • Basketball courts (8 sites) A • Parking lots A • Pathways A • Tennis courts (15 sites) A 14 INDOOR PARK AREAS WITH PLANT GROWTH: • Edinborough Park (trees, shrubs and flowers) A • Arneson Park greenhouse (primarily flowers) A 15 PLANT GROWTH IN AND AROUND LAKES, PONDS AND CREEKS: • Islands D • Shoreline D 16 OUTDOOR HOCKEY RINKS: • 10 sites C 17 AREAS WITH NOXIOUS WEEDS: • Public -owned property D • Private -owned property D The premier athletic fields that are classified as "A" all have two things in common: 1 Irrigation 2 Fencing Because all class "A" athletic fields have irrigation, they require the least amount of herbicides (and possibly none) (delete) to maintain healthy turf with very few weeds. Irrigation is an important tool and key component in implementing IPM based turf management practices. The 13 90 Deleted: <#,I only irrigated athletic fields that are suggested to have a class "A" tolerance to weeds are those with fencing. If herbicides are ever needed to maintain their 5% weed tolerance, the entire area can be locked and secured from users during and shortly after herbicide applications (typically 24 hours as recommended by herbicide manufacturers). This practice will minimize the potential human exposure to herbicide chemicals. There are currently five10 irrigated athletic ball fields that are suggested to have a "B" Deleted: 5 classification for weed tolerance because they do not have security fencing: Garden Park soccer fields fields) Lewis Park soccer/football field Qfields Pamela Park soccer fields Qfields) There are currently three (3) irrigated athletic ball fields that are suggested to have a "O/C" classification for weed tolerance because they are located next to Creek Valley Elementary School 1 Creek Valley soccer field (3 fields) The `B" classification irrigated athletic fields will rarely (if ever) need herbicide applications to maintain a weed tolerance of 25%, whereas, the non -irrigated class `B" athletic fields present a greater challenge to control weed dominance without the use of herbicides. The main reason for the recommended `B" classification for the five irrigated athletic fields is due to their lack of fencing to secure access to these areas. With proper equipment, labor and materials, IPM based turf management practices should dramatically reduce or eliminate the use of herbicides on all irrigated athletic fields. The "Hard Surface Areas" have an "A" classification for 3 main reasons: 1 Undesirable weeds that grow in cracks on hard surface areas can create an unsafe surface for users. 2 Non -treated weeds in hard surface cracks can lead to further hard surface damage which could lead intolerable or unreasonable economic injury. 3 Human exposure to spot treatment herbicide use on hard surface areasLs very minimal (exposures are typically limited to footwear). At this time, none of the class "C" turf areas have irrigation except the three Creek Valley soccer fields. If this Turf Management Plan is adopted, it is staff's recommendation to direct the Edina Park Maintenance Department to use IPM based turf management techniques to maintain these class "C" weed tolerance areas to as high a standard as possible without the use of herbicide and using organics when needed Even though these are classified to have the highest level of tolerance for weeds, it is staffs recommendation to attempt to maintain the best turf possible with the available resources and labor (without the use of herbicides). Without irrigation, even good turf management cannot avoid eventual domination of weeds, however, good turf management can successfully deter the inevitable. The length of time for 14 91 Deleted: 2 Deleted: 1 Deleted: 2 Deleted:: Deleted: are Deleted:. which a good turf management program will succeed on non -irrigated turf depends on turf use, and soil and weather conditions. As mentioned earlier, all property within the City of Edina boundaries (public or private) are subject to a "D" classification if noxious weeds are present. Under the Minnesota Noxious Weed Law (Minnesota Statutes Chapter 18, Sections 18.75 to 18.88), there areillirteen noxious weeds_ that have been deemed by the Commissioner of Agriculture to be injurious to public health, public roads, crops, livestock. In addition, there are any number of fifty-one (5 1) secondary weeds that may be added to the noxious weed list by the Minnesota Commissioner of Agriculture without a hearing or upon petition by the Edina City Mayor and approval by the Hennepin County Board of Commissioners. The following is a list of the 4hirteen noxious_ weeds: Common Name Botanical Name 1. Yellow Star Thistles 2. Grecian Foxglove, Centaurea solstitialis L. Digitalis lanata Ehrh. 3. Oriental Bittersweet, Celastrus orbiculatus Thunb. 4. Leafy Spurge Euphorbia esula (L.) 5. Canada Thistle- 6. Musk Thistle, 7. Xlumeless Thistle Cirsium arvense L. Scop. Carduus nutans_(LI Carduus acanthoides (L.) 8. Garlic Mustard Alliaria petiolata (Bleb.) 9. Purple Loosestrife Gythrum salicaria virgatum (L.), 10. Wild Parshnip, Pastinaca sativa L. 11. Common Tansy 7anaeetum vulgare (L.) 12. Spotted Knapweed Centaurea stoebe spp. micranthos 13. Poison ivy Toxicodendron radicans (Ktze.) CONCLUSION It is reasonable to expect that the Edina Park and Recreation Department will likely receive many complaints about increased visible weeds in the parks, however, this should not be viewed as a lack of the program's success. A moratorium on herbicide use is not a practical, realistic, or responsible approach to turf management and weed (or pest) control. As previously mentioned, if left to nature without any interference of turf maintenance, weeds and undesirable grasses will eventually dominate the turf. It would be economically unreasonable to routinely replace ground cover with new turf in efforts to avoid use of all herbicides in all areas at all cost. An IPM based Turf Management Plan is the most reasonable approach to a reduction and, in some cases, elimination of herbicide dependency. To be successful, citizens should be expected to accept higher weed tolerance in many areas of the park system that have previously been managed at a relatively low weed tolerance level. It is 15 92 Deleted: ten Formatted: Font color: Text 2 Formatted: Font color: Accent 1 Deleted: ten Deleted: <#>Field Bindweed Convolvulus arvensis¶ <#>Hemp Cannabis sativa¶ <#>Loosestrife, purple Lythrum salicaria or virgatum¶ <#>Poison ivy _ Rhus radicans¶ <#>Spurge, leafy . Euphorbia esula$ <#>Sowthistle, perennial Sonchus arvensis¶ Deleted: , bull . Cirsium vulgare Deleted: , Canada Deleted: , musk Deleted: <#>Thistle, plumeless Cardum acanthoides¶ 9 reasonable to anticipate that the most visibly noticeable presence of weeds will be the few weeks in early spring when dandelions (annuals) have flowered. As pointed out at the December 14, 1994, Edina Community Health Services Advisory Committee meeting, there are approximately 4,700 acres of privately owned and maintained residential lawn turf and approximately 150 acres of commercial lawn turf. Combined, there are approximately 4,850 acres of privately owned and maintained lawn turf within the City of Edina, which is about 800% more ground cover than that which is maintained by the Edina Park and Recreation Department. The point is that public education regarding environmentally conscious approaches to lawn care is an important part of this proposal. 16 93 In the Shade of a Tree: Analyzing the Tree -related Legal Problem By Steve Pihlaja and Lorrie Stromme Trees provide shade, purify air, enhance quality of life, and inspire poetry, but they also may inspire lawsuits. Whether the tree is yours, your neighbor's, or your client's, it's prudent to know what sort of shadow it may cast. The trees of our urban forests provide shelter, purify the air we breathe, increase property values, conserve energy, and enhance quality of life in our cities. Trees inspire strong emotional reactions in the people who live, work and recreate under their branches. Strong emotions coupled with competing interests often result in a trip to the lawyer's office. Sooner or later one of your clients will have a legal dilemma involving a tree. The purpose of this article is to provide you with a framework to analyze the problem. The primary legal questions involve issues of nuisance, negligence, and trespass. But the analysis starts by identifying: Whose tree is it? In general, the location of the tree trunk determines who owns the tree. A tree that stands solely on your client's property belongs to your client. Disputes arise when trees straddle a boundary line or when the branches of your client's tree encroach onto the neighbor's property. Jurisdictions differ on boundary trees. In some states, trees standing along a boundary line are the common property of the neighbors on either side of the boundary, and neither neighbor can remove the tree without the consent of the other. This includes the tree that starts out in one yard and grows into the boundary of the neighbor's yard. Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 94 In the Shade of a Tree Page 2 In Minnesota, the mere presence of a tree trunk on the boundary line does not create a boundary tree or determine ownership. Instead, the court looks at the intention of the neighboring property owners. A tree is a boundary tree if it was planted jointly or treated as common property by agreement, acquiescence, or course of conduct., For example, adjoining owners who split the costs of pruning and maintaining a boundary tree or hedge would probably be considered co-owners of the tree or hedge. So, when a broken limb or a tree disease becomes a problem, the co-owners share responsibility for fixing the problem. Nuisance Trees: Encroaching Branches or Roots Branches that overhang your client's property or tree roots that push up a sidewalk or clog a sewer are considered a nuisance. "Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance."2 The leading Minnesota case on nuisance trees is Holmberg v. Bergin.s In that case, a Minneapolis homeowner planted an elm tree within 15 inches of the property line. Over the course of 26 years, the tree grew to be 30 inches in diameter and 75 feet high. The trunk grew across the boundary line, pushing the fence out of alignment. The roots extended into the neighbors' yard and caused the sidewalk to tip toward the house, resulting in a drainage problem in the neighbors' basement. The Holmberg court found that the tree was not a co -owned boundary tree but was a nuisance, because the tree roots obstructed the neighbors' free use and enjoyment of their property. The neighbors sued for monetary damages and an injunction to prune the roots or remove the tree. Experts for both sides acknowledged that corrective action to restore the grade would damage the roots and either kill the tree or make it dangerously unstable. The court ordered the tree cut down, because the alternative -- severe root pruning -- would have weakened the tree or caused the tree to die, endangering the neighbor's home if the tree blew over in a windstorm. The court disallowed money damages, because the Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 95 In the Shade of a Tree Page 3 neighbors had failed to take advantage of earlier opportunities to exercise self-help and remove the invading roots. Using Self -Help. Property owners in every state have the right to use self-help to prune branches or roots of a neighbor's tree that encroach onto their property. Some states follow the Massachusetts Rule, where self-help is the exclusive remedy for encroaching branches or roots.a Self-help is an alternative to going to court. The rationale is that self-help prevents the wasteful, needless use of the judicial system and vexatious lawsuits.5 It's a tradeoff: your client fixes her problem at her own expense, instead of slogging through the expense and uncertainty of the court system. Minnesota courts do not follow the Massachusetts Rule. In Minnesota, self-help is encouraged, with discretion, but it is not the exclusive remedy. Equitable remedies to abate the nuisance are available. "The law is clear that one cannot exercise his right to plant a tree in such a manner as to invade the rights of adjoining landowners. When one brings a foreign substance on his land, he must not permit it to injure his neighbor."6 When self-help is not practical or reasonable, your client can go to court for an injunction or other equitable remedies to have the nuisance abated. Your client's guidelines for self-help include: • Prune only up to the boundary line -- at your client's own expense. • Don't trespass. Get permission to enter onto the neighbor's property to do the pruning, unless the encroaching branches or roots threaten to cause imminent harm to your client's property. Don't cut down a tree whose trunk is located on the neighbor's property, even if the branches stray onto your client's property. Maintain, don't destroy. Don't jeopardize the health of the tree or cause foreseeable injury. For example, pruning an oak tree from April through Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 96 In the Shade of a Tree Page 4 September could make the tree vulnerable to oak wilt, a virulent disease. Or pruning a tree's roots could destabilize the tree and cause it to topple over. • Advise your client to seek the opinion of a certified arborist, a specialist in the care of individual trees, about the tree's condition. Look in the Yellow Pages under "tree service," and look for the arborist's membership in professional organizations, such as the Minnesota Society of Arboriculture (MSA), the International Society of Arboriculture (ISA), or the National Arborist Association (NAA). The trend in tree law is toward the California Rule or "self-help nice." Minnesota courts have not expressly adopted the California Rule, but it appears to be a natural outgrowth of Holmgren v. Bergin, supra. In appropriate circumstances, a neighbor who is being injured by a nuisance may protect himself by unilaterally abating the nuisance. However, the abater must act in a reasonable manner at reasonable time, and must avoid causing foreseeable injury to the tree. A showing of malice on the part of the abater evidences a strong indication that the self-help was unreasonable.7 Leaves Happen. Another area of contention is tree debris: leaves, acorns, fallen fruit, branches, sap. There is not a Minnesota case directly on point. However, other jurisdictions have recognized that the natural growth of trees includes shade, invading roots, leaves, and overhanging boughs,e and that liability is reasonable when there is "sensible damage,"s such as a damaged roof, not mere debris from a healthy tree. Your client, who is sick and tired of sweeping the apple blossoms off his driveway after they have fallen from his neighbor's tree, probably has no cause of action. Going to court to have the neighbor ordered to pick up fallen debris is not practical or economical, and is probably why there is not much precedent on this issue. Fruit of the Neighbor's Tree. Neighbors may disagree as to who has the right to the apples or other fruit growing on an encroaching tree branch. The rule of thumb is that if the tree trunk stands in a neighbor's yard, all of the fruit wherever it is hanging belongs Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 97 In the Shade of a Tree Page 5 to the neighbor.,o Picking the fruit may not be so simple. Ownership of the fruit does not give the neighbor any right to trespass onto your client's property to retrieve the fruit. Courts would probably weigh the right to keep trespassers out of your client's yard against the tree owner's right to harvest the fruit of her tree. The orchard owner whose livelihood depends upon the harvest probably has a stronger claim than an urban gardener. The law is also unclear on the issue of fallen fruit. As a practical matter, it would not be worthwhile for a neighbor to sue your client for keeping fallen fruit, because it would have nominal value. The courts would probably hold the tree owner responsible for making advance arrangements to harvest the fruit if it had sufficient value to bother with. Your client is probably safe to keep the fallen fruit if his neighbor says nothing about it. As with most neighbor disputes, the best counsel you can give is to encourage communication and neighborliness. Negligence: Hazard Trees and Limbs The trend across the country is to hold tree owners legally responsible for damage caused by unsound or "hazard trees."„ A hazard tree is a tree with a defect plus a target, such as a sidewalk, a car, or a house in the path of an unstable or decaying tree. Minnesota cases involving negligence in tree law tend to fall into two categories: damage caused by trees or damage done to trees. Foreseeability is the common thread that runs through both types of claims. In both instances, courts will look at what should have been obvious to the tree owner about the tree's condition. Damage Your Client's Tree Causes. If a neighbor's tree is unsound and threatens your client's property, the neighbor may be liable for any damage that occurs. The test is whether the tree owner knew or should have known that damage was likely. A tree owner is not expected to be a tree expert, but she is expected to recognize obvious Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 98 In the Shade of a Tree Page 6 symptoms of a problem, such as the unseasonal lack of leaves, a dead limb, visible decay, or a tree leaning dangerously to one side. If the potential for damage is foreseeable and if the tree owner fails to take corrective action, the courts will likely hold the owner legally responsible for damage caused to people or property. In an unpublished opinion, the Minnesota Court of Appeals found that a landowner was not liable in a personal injury case where the landowner's tree did not pose an obvious danger.,z In that case, a tree trimmer was injured when a decaying branch broke. Liability was not imposed, because the branch appeared to be sturdy and showed no signs of decay. In another case, a landowner was found to owe no duty to protect a pedestrian from a low -hanging branch that was clearly visible.,s What's Entropy Got to Do With It? A Georgia case that reaches the same conclusion about foreseeable danger is worth quoting. Taking judicial notice of the Second Law of Thermodynamics, the court said, This law tells us that all in the universe, trees, human beings, plants, animals, buildings, and all else are headed downward from complexity to simplicity toward decay, deterioration, decadence, and death. Everything heads towards decay; for example, a tree decaying, which is an increase of entropy, or uselessness. We are specifically limiting liability to patent, visible decay, and not the normal, usual, latent, micro -nonvisible, accumulative decay. In other words, there is no duty to consistently and constantly check all pine trees for non-visible rot, as the manifestation of decay must be visible, apparent, and patent so that one could be aware that high winds might combine with visible rot and cause damage.,a Damage Done To Trees. In a leading Minnesota case on negligent damage to trees arose when a church hired a road contractor to expand a parking area. The contractor piled soil over the roots of a grove of oak trees, smothering the trees.15 In finding Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 99 In the Shade of a Tree Page 7 negligence, the court held that the contractor knew or should have known the consequences of mounding soil over tree roots. This case also set a new standard for awarding damages in negligence cases. Damages. In deciding how to compensate a property owner for damaged trees, Minnesota courts have distinguished between ornamental trees and standing timber or ill -formed trees. If trees that are &formed or serve merely to prevent erosion or curtail noise are injured, the courts have based damages on diminution in land value, i.e., the difference in the land value before the injury and afterward. If trees are primarily ornamental or shade trees, the court has said that the jury may consider replacement cost, to the extent that the cost is reasonable and practical, as an alternative measure of damages. "Reasonable and practical" replacement cost has been defined as: The cost to replace the number, size, and species of trees destroyed to the extent that: 1) replacement serves to substantially restore the character and quality of the property appropriate for the owner's enjoyment and intended use and 2) the cost of replacement is not greatly disproportionate to the resulting restoration of the owner's enjoyment and intended use of the property.16 Act of God. A frequently heard excuse is that damage caused by a fallen tree was an act of God. Not every tree that falls over in a strong wind and causes damage is the result of an act of God.17 To qualify as an act of God in negligence cases, all of the following elements are needed: 1) the accident must have happened from a force of nature that was both unexpected and unforeseeable; 2) that force must have been the sole cause of the accident; and 3) the accident could not have been prevented by using reasonable care.18 A bolt of lightning is an act of God, if it is the sole cause of an injury. However, a person is liable if his own prior negligence combined with the act of God to cause the injury. Trespass and Wrongful Tree Removal Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 100 In the Shade of a Tree Page 8 Trespass to trees is a tort recognized separate from trespass to land and carries a heavy penalty. Cutting a tree on someone else's land without her permission is a trespass to the tree.19 The penalty for intentional, wrongful tree removal is treble damages. In Minnesota, a landowner whose trees were bulldozed and buried on his land without his permission was awarded both treble damages for the trespass to his trees and punitive damages for the trespass to his landao An example of involuntary or casual trespass to the tree is illustrated in a Minnesota court case where a driver had a heart attack and drove into a grove of Colorado Spruce trees.21 Although the tree damage or "trespass" was not malicious, it occurred without the permission of the trees' owner and the court awarded him single damages. There are also penalties for criminal trespass and criminal damage to property.22 Utility Company Pruning. A common urban sight is the row of trees under a power line cut in a deep v -shape. You may have a client who wants to sue a utility company for its tree -trimming techniques or its removal of a tree. Your case assessment should weigh aesthetics against the utility company's duty to meet public demand to prevent power failures caused by fallen tree limbs during storms. Utility companies have easements across property in order to provide electricity. Courts recognize the right of utility companies to trim or remove trees within their easement, as long as the work is reasonable and necessary to construct, use, operate, or maintain power lines in the easement area.23 However, the utility company has a duty to remove power line obstructions in a way that causes the least damage to the property the power lines cross. In a recent Minnesota case,24 the Supreme Court confirmed that a property owner has an interest in the trees on city land in front of her property and standing to sue the utility company that removed a boulevard tree. However, the Court also found that this right is subordinate to a utility's right to trim or remove the trees to keep power lines clear. The Court of Appeals decision that preceded the Supreme Court case should be mandatory Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 101 In the Shade of a Tree Page 9 reading for any "budding" tree lawyer, if only to brush up on clever tree puns, such as: "stumped by the dismissal," "out on such a limb," "sapping the meaning," "fell on wooden ears," and "rooted in the common law." In conclusion, even if you don't think of yourself as a tree -hugger, you'll be acting in your client's best interests and protecting our urban trees by giving the following advice: "Work it out with your neighbor, or chat before you chop." Notes I Holmberg v. Bergin, 172 N. W.2d 739 (Minn. 1969). 2 Minn. Stat. 0561.01 3 Holmberg v. Bergin, supra. 4 Michalson v. Nutting, 275 Mass. 232, 175 N.E. 490 (1931) 5 Richmond v. General Engineering Enterprises Co., 454 So. 2d 16 (Fla App D3, 1984). 6 Holmberg v. Bergin, 172 N. W. 2d at 744. 7 Booska v. Patel, 24 Cal. App. 4th 1787, 30 Cal. Rptr. 2d 241 (1994). 8 Michalson v. Nutting, supra, 175 N. E. at 490. 9Smith v. Holt, 174 Va. 213, 5 S.E. 2d 492 (1939) 10 See, e.g., Skinner v. Wilder, 38 Vt. 115 (1865). 11 "Hazard tree" is a term of art used by arborists and tree scientists. 12 Allison v. Olson and Mauer, filed December 12, 2000, CO -00-942 (unpublished). http://www.lawlibran.state.mn.uslarchivelctapunIO0121942.htm 13 Sperr by Sperr v. Ramsey County, 429 N. W. 2d 317 (Minn. App. 1988). 14 Cornett v. Agee, 143 Ga. App. 55, 237 S.E. 2nd 522, 524 (1977). 15 Rector v. McCrossan, 235 N. W. 2d 609 (19 75) 16 Guide for Plant Appraisal, 8th Ed. 1992. 17 Swanson v. LaFontaine, 238 Minn. 460, 57 N. W. 2d 262 (1953) 18 VandenBroucke v. Lyon County, 301 Minn. 300, 222 N. W. 2d 792 (1974). 19 Minn. Stat. 0561.04 20 Muelstedt v. City of Lino Lakes, 473 N. W. 2nd 892 (Minn. App. 1991; cf Johnson v. Jensen, 446 N. W. 2d 664 (Minn. 1989). 21 Pluntz v. Farmington Ford -Mercury, Inc., 470 N. W. 2d 709 (Minn. App. 1991). 22 See,e.g., Minn. Stat. 0609.605, subd. I (b)(5) and Minn. Stat. 0609.595. 23 Minn. Stat. 0222.37. 24 Miller-Lagro v. Northern States Power Company (1998) , 582 N. W. 2d 550 (Minn. 1998), citing Minn. Stat. 0561.04. Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 102 In the Shade of a Tree Page 10 Steve Pihlaja is a solo practitioner in Minneapolis, practicing in the areas of criminal defense and civil litigation. He is a 1979 graduate of William Mitchell College of Law. Lorrie Stromme is a lawyer, tree care advisor/master gardener, president of the Minnesota Shade Tree Advisory Committee, and a Hennepin County planner. She is a 1981 graduate of William Mitchell College of Law. Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 103 CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION March 2013 — February 2014 Term DRAFT SCHEDULE February 14, 2013 Meeting Item of focus: Presentations: Philipp Muessig March 14, 2013 Meeting Item of focus: WP2 Outreach around April 18 Edina Forum Presentations: City of Edina Communications Staff April 11, 2013 Meeting Item of focus: WP6, WP9 Recommendations for residential soil waste ordinance and commercial recycling, review goals and methods, and education and outreach report. Urban Forest Task Force Report May 9, 2013 Meeting Item of focus: WP1, W133 Results and decisions around contract methods, planning, scope and budget for building energy. Presentations: CEE, Xcel, Centerpoint June 13, 2013 Meeting Item of focus: Finalize WP9 UFTF, WP6 Solid Waste and Recycling, WP1-3 Energy Presentations: Karen Kurt June 18, 2013 JOINT EEC / CC Worksession July 11, 2013 Meeting Item of focus: WP4 and W138 Presentations: St. Cloud / Burnsville / Minneapolis examples of organization? City of Edina Staff August 8, 2013 Meeting Item of focus: WP3, WP2 Review program implementation, education and outreach coordination, review proposal to expand to residential application of PACE finance tool. Presentations: Applied Energy Innovations, PACE stakeholders, CEE/Port Authority? Edina Staff September 12, 2013 Meeting WorkplanItem WP1 City building energy project WP2 Energy efficiency community outreach WP3 Promote EEEP, review residential PACE WP4 Integrate comp plan Ch 10 into city operations WPS Surface water quality policy WP6 Update solid waste license ordinance, provide commercial recycling recommendation WP7 Greenstep reporting WP8 Purchasing policy WP9 Urban Forestry February 14, 2013 Meeting Item of focus: Presentations: Philipp Muessig March 14, 2013 Meeting Item of focus: WP2 Outreach around April 18 Edina Forum Presentations: City of Edina Communications Staff April 11, 2013 Meeting Item of focus: WP6, WP9 Recommendations for residential soil waste ordinance and commercial recycling, review goals and methods, and education and outreach report. Urban Forest Task Force Report May 9, 2013 Meeting Item of focus: WP1, W133 Results and decisions around contract methods, planning, scope and budget for building energy. Presentations: CEE, Xcel, Centerpoint June 13, 2013 Meeting Item of focus: Finalize WP9 UFTF, WP6 Solid Waste and Recycling, WP1-3 Energy Presentations: Karen Kurt June 18, 2013 JOINT EEC / CC Worksession July 11, 2013 Meeting Item of focus: WP4 and W138 Presentations: St. Cloud / Burnsville / Minneapolis examples of organization? City of Edina Staff August 8, 2013 Meeting Item of focus: WP3, WP2 Review program implementation, education and outreach coordination, review proposal to expand to residential application of PACE finance tool. Presentations: Applied Energy Innovations, PACE stakeholders, CEE/Port Authority? Edina Staff September 12, 2013 Meeting Item of focus: Presentations: October 10, 2013 Meeting Item of focus: WP5 Presentations: Local watershed districts, UMN Academic, Staff November 14, 2013 Meeting Item of focus: Create 2014 Workplan December 12, 2013 Meeting Item of focus: WP7 Prepare and review annual reports, awards, recognition. January 9, 2014 Meeting Item of focus: February 13, 2013 Meeting Item of focus: LIST OF OTHER MEETING IDEAS / PRESENTATION City of Eagan composting example Edina website revisions / communications Purchasing policy implementation ETC/EEC Joint meeting / Green streets Urban ecology, nutrient flows, water quality Pollution prevention / swppp / whpp /noaa atlas 14 MCES sanitary service and environmental goals and implementation CIP/Budget Greening Your Congregation Free leadership Workshop! Thursday April 25, 2013 6:30 pm - 8:30P M (doors open at 6:00pm) Colonial Church of Edina 6200 Colonial Way Edina, MN 55436 www.colonialchurch.org Event Sponsors — Edina Interfaith Environmental Coalition, Cool Planet, Alliance for Sustainability Please RSVP at http://edinagreeningyourcongregation.eventbrite.com Share stories about what Congregations in Edina are doing to 1. Educate their members for environmental stewardship - 2. Save energy and money with their buildings (and at home) 3. Protect our Creeks and Lakes with watershed-friendly properties • Bring new ideas back to your congregation. • Share your experience with other congregations. • Learn about what other Edina Congregations are doing! Reducing energy use and saving money, Installing solar, Community and rain gardens, Faith-based climate change education.. Recycling and composting, and More • Learn about project matching funds for rain gardens and energy improvements Find great resources, grants and advice for your congregation's projects! • Saving Energy - through Energy Audits and Retrofits and helping your members save energy at home - Center for Energy and Environment, EnerChange RE-TAP, Lightinghouse USA. • Renewable Energy—through solar projects and wind power • Water Quality— through rain gardens, water smart landscaping and low salt use - Nine Mile & Minnehaha Creek, Emmons Olivier Resources, Fresh Water Society • Local Food/ Community Gardening/ Composting — Gardening Matters • Educating your Members for environmental stewardship - Alliance for Sustainability, Cool Planet, MN Interfaith Power & Light, MN 350, Citizens Climate Lobby, Transit for Livable Communities, Fresh Energy �E� b EVENT SPONSORS —Edina Interfaith Environmental Coalition, Cool Planet, Alliance for Sustainability, Center for Energy and Environment, Gardening Matters, Colonial Church of Edina, Good Samaritan United Methodist, Edina Community Lutheran, MN Interfaith Power and Light, with tr support from In Commons the Minnehaha Creek and Nine Mile Creek Watershed Districts Alliance for Sustainability C� E' • k oaakc a s O& sconoudab VMkc. soded,a Wd Umlaue r r,t MINNESOTAINTERfAITH . l lCO M\l O N S 9"Mile creek W A T E R s H E D D 1 S T R I C T MINNEHAHA CREEK WATERSHED DISTRICT POWER &LIGHT