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HomeMy WebLinkAbout2025-02-13 EEC Meeting Packet Meeting location: Edina City Hall Community Room 4801 W. 50th St. Edina, MN Energy & Environment Commission Meeting Agenda Thursday, February 13, 2025 7:00 PM Accessibility Support: The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large-print documents or something else, please call 952-927-8861 at least 72 hours in advance of the meeting. 1. Call to Order 2. Roll Call 3. Approval of Meeting Agenda 4. Approval of Meeting Minutes 4.1. Approval of Meeting Minutes 5. Special Recognitions and Presentations 6. Community Comment During "Community Comment," the Board/Commission will invite residents to share issues or concerns that are not scheduled for a future public hearing. Items that are on tonight's agenda may not be addressed during Community Comment. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to staff for consideration at a future meeting. 7. Reports/Recommendations 7.1. Officer Elections 7.2. Tree Protection Ordinance Discussion 7.3. Work Plan Item 1, CAP Prioritization 7.4. Time of Sale Policy Advisory Communication 8. Chair and Member Comments Page 1 of 32 9. Staff Comments 10. Adjournment Page 2 of 32 MINUTES OF THE ENERGY & ENVIRONMENT COMMISSION REGULAR MEETING 7:00 PM THURSDAY, JANUARY 9, 2025 Meeting location: Edina City Hall Community Room 4801 W. 50th St. Edina, MN 1. Call to Order Chair Lukens called the meeting to order at 7:05 p.m. then shared the procedure for public hearing and community comment. 2. Roll Call Answering roll call were Commissioners Lukens, Haugen, Walker, Tessman, and Dakane, and student Commissioner Srivastav. Absent were Commissioners Weber, Bartholomew, Schima, and Martinez-Salgado, and student Commissioner Langsweirdt. 3. Approval of Meeting Agenda Tessman made a motion, seconded by Dakane, to Approve Meeting Agenda. Motion carried. 4. Approval of Meeting Minutes 4.1. Minutes from December 12, 2024 Meeting Walker made a motion, seconded by Haugen, to Approve Meeting Minutes. Motion carried. 5. Special Recognitions and Presentations No special recognitions or presentations were received. 6. Community Comment No community comment was received. 7. Reports/Recommendations 7.1. Paved Area / Community Gardens Work Plan Item Commissioners discussed the Advisory Communication and Report. Haugen made a motion, seconded by Lukens to approve the Advisory Communication and Report with additional detail added to the Advisory Communication "assessment" section. Motion carried. 7.2. Approved 2025 EEC Work Plan Page 3 of 32 Commissioners discussed the approved 2025 work plan. Bartholomew was added to work plan item #2, Srivastav was added to work plan item #3, and Dakane added to work plan item #6. Commissioners also expressed continued interest in adding an EV event back into the 2025 work plan. 8. Chair and Member Comments Commissioners shared comments on the upcoming bag fee reporting, the availability of recycling opportunities in commercial and public areas, the tree protection ordinance, and the transition of the Human Rights and Relations Commission to a task force. Chair Lukens reminded commissioners that Chair and Vice-Chair elections will occur at the February meeting. 9. Staff Comments 9.1. Commission Work Plan Transition Sustainability Manager Bayer shared that all commissions are transitioning to a two-year work plan cycle starting this year. EEC will continue to implement their approved 2025 work plan as is and will create a new 2026-2027 starting this year. Commissions will have an opportunity to modify their work plans if new opportunities arise during the two-year implementation cycle. 10. Adjournment Haugen made a motion, seconded by Tessman, to Adjourn. Motion carried. Meeting adjourned at 8:14 p.m. Page 4 of 32 BOARD & COMMISSION ITEM REPORT Date: February 13, 2025 Item Activity: Action Meeting: Energy & Environment Commission Agenda Number: 7.1 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Report & Recommendation Department: Engineering Item Title: Officer Elections Action Requested: Elect Chair and Vice-Chair. Information/Background: EEC shall discuss and elect commission officers for Chair and Vice-Chair to serve from March 2025- February 2026. Supporting Documentation: None Page 5 of 32 BOARD & COMMISSION ITEM REPORT Date: February 13, 2025 Item Activity: Action Meeting: Energy & Environment Commission Agenda Number: 7.2 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Report & Recommendation Department: Engineering Item Title: Tree Protection Ordinance Discussion Action Requested: Comment on proposed tree protection ordinance changes. Information/Background: Mayor Hovland has proposed changes to the existing Tree Protection Ordinance in the attached "DRAFT OF TREE REPLACEMENT ORDINANCE 11-22-2024 WITH DAVE AND HOLLY INPUT 11-14-2024" file. Staff have prepared comments in response to the proposed changes in the attached "Draft Staff Comments Feb. 6, 2025" file. Council will discuss the Mayor's proposed changes at the February 18 work session. EEC has been asked to review and comment on the proposed changes for consideration by the City Council during the work session. Supporting Documentation: 1. Draft Staff Comments Feb. 6, 2025 2. DRAFT OF TREE REPLACEMENT ORDINANCE 11-22-2024 WITH DAVE AND HOLLY INPUT 11-14-2024 Page 6 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Overview Parks and Recreation staff were requested to review the Tree Ordinance changes submitted by Mayor Hovland. City staff reviewed the following files: •DRAFT OF TREE REPLACEMENT ORDINANCE 11-22-2024 WITH DAVE AND HOLLY INPUT 11-14- 2024.docx •DRAFT OF TREE REPLACEMENT ORDINANCE 11-22-2024 WITH NOTES FROM DAVE AND HOLLY 11-24.docx The provided documents did not utilize traditional markup techniques which would use underlining for added text and strikeout for deleted text. Staff did spend time comparing the versions submitted with the existing language for the current Tree Ordinance as part of Ordinance XX-XX. The submission version showed light blue highlights for what appears to be additions to the existing ordinance. There is no apparent way to have certainty of what has been deleted. For consistency city staff did attempt to highlight language that we believe was deleted by the authors by reading that text and highlighting it in red. However, there could be portions of the ordinance that were amended by the authors that we did not reconcile through this process. Staff Comments (2) a. i. The city recognizes deciduous trees as a protected tree at 5 inches as that is the size at which trees begin to provide environmental benefits to the community. This measurement is also consistent with the commercial landscaping ordinance which designates those 5 inches or greater is the largest required tree for planting, same can be said with this current ordinance as 5.5 inches or greater is the largest required tree required for sites with removed trees. (note: the existing measurement was deleted from the provided documentation) Parks & Recreation EdinaMN.gov Date:Feb. 6, 2025 To:Scott Neal, City Manager and David Kendall, City Attorney cc:Chad Milner, Cary Teague, Marisa Bayer, Tom Swenson, Luther Overholt From:Perry Vetter, Parks & Recreation Director Subject:Requested comments on Tree Ordinance changes submitted by Mayor Hovland Page 7 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 (2) f. The industry standard for measuring the size of coniferous trees is to measure the height of the tree in feet. Coniferous trees at 30 feet follow the same metrics as a 30-inch dbh deciduous tree. In the City of Edina these are designated as Heritage trees. The removal of coniferous trees from a heritage designation would lead to the removal of multiple coniferous trees which will greatly decrease the city’s tree biodiversity. (4) a. The city allows for a variety of species to be planted under this ordinance, the similar type requirement is meant for any removed deciduous tree to be replaced with a deciduous tree, the same for coniferous trees are to be replaced with coniferous trees. The intent is to maintain the neighborhood character by having applicants plant like for like trees but also have a variety of different species, that are best equipped for any environmental change. This is to address changes to individual site conditions as well as climate changes, like the hardiness zones. In cases where the soil is changed on site the use of a Certified Arborist would greatly increase the survival rate of the selected trees best suited for those sites. (note: the existing reference was deleted from the provided documentation) (4) c. The current requirement for deciduous tree replacement of 3.5 inches is in place, because this was the largest complaint from the community about the 2015 ordinance. Specifically, those tree replacements were not equitable and too small for what was removed. This is the same for coniferous trees at 8 feet, these increased sizes account more acutely for the removed trees. Clump trees are allowed as replacement trees so long they meet the 3.5 in size requirement. City staff continue to advocate that applicants hire an ISA certified arborist to properly measure tree sizes for replanting. The city uses the American Standard for Nursery Stock (ANSI Z60. 1-2014) to measure the newly planted trees. The standard technique for single stem trees is to take the dbh caliper at 6 inches above the root flare of the tree. The standard for clump trees is the average caliper of the three largest stems measured at 6 inches above the root flare no matter how many stems the clump has. (note: the existing measurement was deleted from the provided documentation) (4) d. The use of a certified landscaper could be a consideration for some applicants; however, it may not be applicable for all sites. This ordinance addresses tree concerns and not the overall landscaping of the site. An ISA Certified Arborist is equipped to show the best outcome for the planting of trees on any site, this is why the city is requiring the certified arborist over a landscape professional. Consideration for accepting a certified landscaper should be evaluated using an outside city planning consultant to use language appropriate for all properties not just a single property. Page 8 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 (4) f. Under the current ordinance the fees in escrow are to be collected upfront with the issuance of the Tree Protection Permit, this is in line with the same process all building permits must go through, all fees are to be paid before the permit(s) is issued. Experience has shown that a certain number of applicants have delayed the payment and have not followed the guidelines of the ordinance. The applicant may replant trees at any time during the building process, they will not receive the initial 50% escrow refund until they submit for a tree final. (5) a. The replanting for removed heritage trees follows the same guidelines as the protected tree replacement requirements. Deciduous trees must be replanted with deciduous and coniferous trees must be replaced with coniferous. Having these requirements helps to prevent a decline in biodiversity, while also improving sites and the community with more climate adaptable trees. (5) c. The larger caliper tree replacement requirement is to account for these larger more historic trees that are removed. There are many local options for sourcing larger caliper trees. Due to the larger size of these trees, utilizing tree farms over nurseries or garden centers are the better option. This also ensures these trees are hardy to the local environment. (note: the existing measurement was deleted from the provided documentation) (5) d. ISA Certified Arborists have the knowledge and experience to source larger trees while choosing the correct trees for each site. The consideration for accepting certified landscapers should be reviewed by a city planning consultant to best represent an equitable answer for all sites. (5) f. Under the current ordinance the fees in escrow are to be collected upfront with the issuance of the Tree Protection Permit, this is in line with the same process all building permits must go through, all fees are to be paid before the permit(s) is issued. Experience has shown that a certain number of applicants have not followed the guidelines of the ordinance. The applicant may replant trees at any time during the building process, they will not receive the initial 50% escrow refund until they submit for a tree final. (6) a. Page 9 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 The 2015 ordinance was written with the 10-foot radius for building pads, decks and patios. By increasing this to 15 feet, the ordinance would return to the 2015 version where less trees were protected. (note: the existing measurement was deleted from the provided documentation) (6) d. These suggested changes are not in detail to administer and increase ambiguity. City staff recognize that steep slopes impact overall development and tree planting, therefore it should be reviewed by an outside consultant, as this issue may impact additional properties than just unbuilt lots. In certain circumstances this exemption would apply to properties that undergo review from the City Council for a lot split prior to permitting. (6) e. In sites with limited space the city has accounted for this by allowing the planting of their required trees offsite so long as it is approved by the city forester. Adding this exemption does not account for every lot and is only specific to a small portion of new developments. An allowance exemption is currently listed in the ordinance under (6) c. (6) f. This is where landscape planning should be considered at all stages of the building process. This issue can be solved through the proper process of planting trees when it makes the most sense. From city experience most landscaping is complete after the homes are built. If planned for properly the planting can occur at any point in coordination with the building process. (7) Certified arborists are required to provide their unbiased professional knowledge for the trees on independent sites. On sites with limited space the city allows for the planting of trees off site with the permission of the city forester. Another alternative is to plant larger size trees to accommodate the size requirements. (13) & (14) The current size requirements are in place to help keep the tree canopy loss as low as possible. These larger size trees have a greater environmental impact. They provide instant shade to sites as opposed to these smaller suggested trees and maintain the neighborhood character. (note: the existing table and notes were deleted from the provided documentation) (15) b. i. Page 10 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 This is all done during the review process for each permit, since a certified arborist is required, they can give the applicant initial feedback on what is best for their site. The city forester can also provide feedback to each applicant to help decrease the amount of removed trees and how to replace them. If all replacements are met the city will refund 50% of the fees in escrow. (15) b. ii. At the initial inception of the 2023 ordinance the city held the escrow for 36 months after the initial tree final during the permit final. Due to concerns from builders, this was reduced to 12 months; this ensures that any existing trees did not have lasting impacts from development and the newly planted trees were properly able to establish in their new sites. If all replacement requirements are met at time of 1st inspection and are maintained by the 12 months date, the remaining escrow is refunded. If the replacement requirements are not met by the 12 months, the applicant may wish to meet these requirements and plant new trees or forfeit the remaining escrow. The ISA Certified Arborist requirement at this stage is to evaluate the trees 1 year post development to ensure their health and any recommendations to the applicant. (note: the existing timeframe was deleted from the documentation provided) Summary The inception of a formal Tree Protection Ordinance in the City of Edina was adopted in 2015. That ordinance was aimed at preserving trees during development and requires the replacement of removed trees at a one-to-one ratio. As this ordinance was applied, residents voiced for greater protection to offset the removal of trees throughout the city, many claiming that the 1-for-1 replanting was not enough. With the introduction of the Climate Action Plan in 2021, an update to the Tree Protection Ordinance was undertaken. As of 2023 (with amendments made June 2024) the City of Edina had a new tree ordinance, that better reflects the value of removed trees during development and increases standards to preserve trees instead of just replanting. Staff acknowledge that the suggested changes brought forward with input from a single homeowner and contracted landscaper represent their personal experience building in Edina and view of how the ordinance should change based on that experience. However, these changes do not seem equitable across the city, at times overly vague that may result in greater confusion, and trend back to the prior ordinance that preserved and protected less trees. The current ordinance is intended to be a leader in protection and preservation to ensure neighborhood tree canopy remains and encourages developers and homeowners to critically plan for redevelopment. Page 11 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 The current Tree Protection Ordinance has been in effect since January 1st, 2023. Over two years city staff have reviewed 258 Tree Protection Permits. From these permits over 3600 trees were preserved, and 750 trees were removed. Of the 750 trees removed, only 213 of the removed trees required mitigation in the terms of replacement and escrow. Over the two years, 65 permits have been finalized for at least the twelve-month escrow holding period with the first round of 50% refunds. Page 12 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX ORDINANCE NO. 2024-04 AN ORDINANCE AMENDMENT REGARDING TREE PROTECTION The City Council Of Edina Ordains: Section I . Chapter 10, Article Ill of the Edina City Code is amended as follows: DIVISION Ill. TREE PROTECTION Sec. 1 0-82. Preservation, protection and replacement of Protected Trees. This division applies to the following permits and land use applications on properties that are zoned R- I and R-2: grading permits, demolition permits, subdivisions applications, building permit applications for principal and accessory structures including a garage, deck or a pool; and additions to principal and accessory structures. This division does not apply to city parkland, which follows tree protection guidelines outlined in Edina's Comprehensive Plan and City Park Master Plan. Purpose. Edina is fortunate to have a robust inventory of mature trees that form an integral part of the unique character and history of the city, and that contribute to the long-term aesthetic, environmental, and economic well- being of the city. The goal of this section is to preserve Edina's high valued trees, while allowing reasonable development to take place and not interfere with how existing property owners use their property. The purpose of the ordinance is to: a. Preserve and grow Edina's tree canopy cover by protecting mature trees throughout the city. b. Protect and enhance property values by conserving and adding to the distinctive and unique aesthetic character of Edina's tree population. c. Protect and enhance the distinctive character of Edina's neighborhoods. d. Improve the quality of life for all stakeholders, including city residents, visitors and wildlife. e. Protect the environment by the filtering of air and soil pollutants, increasing oxygen levels and reducing C02; preventing and reducing erosion and stormwater by stabilizing soils; reducing heat convection; decreasing wind speeds; reducing noise pollution and decreasing the urban heat island effect. f. Protect and maintain healthy trees in the development and building permit processes as set forth herein; and prevent tree loss by eliminating or reducing compacted fill and excavation near tree roots. (2) Definitions: Page 13 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX a. Protected tree: Any tree that is structurally sound and healthy, and that meets one of the following: — XXXX XXX-X i.A deciduous tree that is at least six five inches dbh, except box elders, poplar, willow, silver maple, black locust, fruit tree species, ash, and mulberry. ii.A coniferous tree that is at least 15 feet in height. b.Removable tree. Any tree not defined as a protected tree, and as defined as an invasive species by the Minnesota Department of Natural Resources. c.Critical root zone. The minimum area around a tree that is left undisturbed. The critical root radius is calculated by measuring the tree's diameter at breast height. For each inch of tree diameter, one and one-half feet of root zone radius must be protected. For example, if a tree's dbh is ten inches, then its critical root zone radius is 15 feet (10 x 1 .5 = 1 5). If the critical root zone of a tree on site or an adjacent property must be disturbed for construction or construction activity, a plan for the disturbance shall be submitted as part of the tree protection plan subject to review and approval of the city forester to minimize the damage. d.Diameter at breast height (dbh). The dbh shall be measured at a height of four and six-tenths feet. e.Transplanted tree. A protected tree which is removed from a lot and replanted to another private lot or a public space in Edina. f.Heritage tree. A protected deciduous tree above 30 inches dbh and a protected coniferous tree taller than 30 feet. g.Unbuilt Lot: An existing or newly created lot, with a unique address that has not had a primary residential structure. (3)Applications for all permit types identified in section 10-82 must include a tree protection plan indicating where protected and heritage trees are located and, their species, caliper, and health. The plan must show how protected and heritage trees are preserved and protected during construction. The plan must also show if any protected or heritage trees are proposed to be removed and the location, species and size of all replacement tree(s). The tree protection plan should be coordinated with the stormwater management plan; proposed and protected trees should be shown on the stormwater management plan to ensure no conflicts. Page 14 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX (4)If a protected tree is removed, it must be replaced with trees equal to at least 75 percent of the deciduous dbh and 75 percent of the coniferous height in feet, as applicable, subject to the following conditions: a. Protected trees must be replaced with species of a similar type (deciduous or coniferous) according to Part ( l l ) that are normally found growing in similar conditions and that are included in Hennepin County’s “Recommended Tree List.” Exceptions can be made for sites where the soils have been engineered or corrected for required stormwater infrastructure features, such as pulverized clay soils used to create earthworks for stormwater direction and retention purposes, or when well-drained soils for improved stormwater percolation and infiltration requirements. Tree species that are best adaptable to new soil conditions can be used that are included on Hennepin County's "Recommended Tree List." b. Replacement trees must not be subject to known epidemic diseases or infestations. Disease or infestation resistant species and cultivars are allowed. c. Replacement trees must be at least two inches three and one-half in caliper for deciduous trees and a minimum of six feet tall eight feet tall for coniferous trees, with considerations made for tree spacing and stabilization of soils in using single-stem (SS) or clump-form (CF) trees to be planted in colonies to replicate natural groves of trees. This allows a wide range of native species, their clump forms, and their disease or infestation resistant cultivars to be incorporated in reforestation. d. Replacement tree plans are subject to approval by the city forester before implementation, considering the narrative provided by the landscape architect, engineer, MNLA certified contractor, and/or INF certified arborist to address the heritage and protected tree species being removed. The narrative would evaluate the accessibility of the site in the sequence of tree removal, excavation and construction of all built structures, retaining walls and/or stormwater infrastructure in the civil site plans. e. The tree protection plan shall be verified at the time of final inspection for the building permit. f. Failure to replace protected trees within two years on site results in a payment fee of $300.00 per dbh below 75 percent of the dbh removed, or $300.00 per coniferous foot below 75 percent of the foot removed. Page 15 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX (5)If a heritage tree is removed, it must be replaced with protected trees at least 1 00 percent of the dbh or coniferous feet, subject to the following conditions: a. Heritage trees must be replaced with species of a similar type (deciduous or coniferous) that are normally found growing in similar conditions and that are included in Hennepin County's “Recommended Tree List”. Exceptions can be made for sites where the soils have been engineered or corrected for required stormwater infrastructure features, such as pulverized clay soils used to create earthworks for stormwater direction and retention purposes, or when well-drained soils for improved stormwater percolation and infiltration requirements. Tree species that are best adaptable to new soil conditions can be used that are included on Hennepin County's "Recommended Tree List." b. Replacement trees must not be subject to known epidemic diseases or infestations. Disease or infestation resistant species and cultivars are allowed. c. Replacement trees must be at three inches four and one-half inches in caliper for deciduous trees and a minimum of 8 feet tall ten feet tall for coniferous trees. d. Replacement tree plans are subject to approval by the city forester before implementation, considering the narrative provided by the landscape architect, engineer, MNLA certified contractor, and/or INF certified arborist to address the heritage and protected tree species being removed. The narrative would evaluate the accessibility of the site in the sequence of tree removal, excavation and construction of all built structures, retaining walls and/or stormwater infrastructure in the civil site plans. e. The tree protection plan shall be verified at the time of final inspection for the building permit. If the protection plan is not in compliance, the inspection may not be approved. f.Failure to replace heritage trees within two years results in a payment fee of $500.00 per deciduous dbh below 100 percent of the dbh removed, and as applicable, $500.00 per coniferous foot below 100 percent of the coniferous feet removed. (6)Protected and Heritage Trees may be removed without mitigation on unbuilt lots as defined above, in the following areas: a. Including, and within a fifteen-foot (15') a ten-foot (10’) radius of, the building pad, deck or patio. b. Including, and within a five-foot (5') radius of driveways. c. Including, and within ten-foot (10') radius of installation of infrastructure improvements including public roadways, stormwater retention areas and utilities. Page 16 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX d. A special allowance shall be given on unbuilt lots with significant slopes that limit the new property owners to replant trees. Should the narrative provided by a landscape architect, MNLA-certified contractor, and/or ISA certified arborist determine the viability of Protected and Heritage trees to be replanted are critically affected by existing slopes and/or new earthworks or topographical features required for engineered stormwater management and infiltration, the city will accept recommendations in the narrative provided with the Tree Replacement Plan in good faith. The narrative will describe where the hardship exists for new trees to be viable. Should such a professional determine the hardship creates a limited number of trees being able to be replanted, the city should evaluate the narrative of these arguments by experts and homeowners in similar good faith. Where site conditions do not support planting viable new trees for establishment, considerations for native prairie grasses and forbs will be made, to support a healthy ecosystem, as these also provide soil stabilization, stormwater infiltration, and biodiversity to the area, and are appropriate in the context of accounting for wetland or other watershed protections. These provisions can be considered in the good faith where tree cover and topography have been dramatically altered, with a priority to capture and infiltrate a significant volume of runoff within the property. Figure 1: This picture is from the suggested edit version. e. Should city infrastructure be contained within a lot, no remediation is required within 20' of a cement pad containing sewer infrastructure. f. Areas with substantial slopes should not require replanting if accessing a resultant land patch after retraining walls are in place, with equipment accessing the site is not possible. Homeowners can meet these exemption Page 17 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX requirements with documentation provided in the narrative from a landscape architect, MNLA-certified contractor, an IFA-certified arborist, or in documentation of refusal from two or more tree spade companies due to these conditions. (7)The Tree Survey for any new home construction permit above $500,000 and any project valuation over $100,000 in estimated value is required to be completed. by an ISA (International Society of Arboriculture) Certified Arborist. An allowance shall be given to the applicant up to $2,500 for the costs of the Arborist and that amount would be deducted from the applicant's escrow. Should an arborist determine appropriate tree planting based on available data while accounting for the land reshaping, lack of accessibility and other site- specific features, the city should cap the total escrow at the maximal allowable trees per the arborist. (8)Before construction, grading or land clearing begins; city-approved tree protection fencing, or other method must be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing must be in conformance with the approved tree protection plan. The fencing must be inspected by city staff before site work begins. The fencing must remain in place until all demolition and construction is complete. (9)No construction, compaction, construction access, stock piling of earth, storage of equipment or building materials, or grading may occur within the critical root zone areas of trees to be protected, unless there are no other onsite alternatives. If there are no other alternatives, a plan for this activity would need to be reviewed and approved by the city forester and included in the tree protection plan. A reasonable effort must be made when trenching utility lines to avoid the critical root zone. (10)When construction is complete all trees to remain must have the soil out to their drip line aerated and de-compacted. Aerating must include multiple concentric circles of one-inch holes, two inches deep, or as recommended by an arborist. (11)If protected trees and/or heritage trees were removed within one year prior to the date the development, subdivision application, demolition, grading and building permit applications were submitted, these protected trees and/or heritage trees are also subject to the replacement policy set forth in paragraphs (4) and (5) above. Page 18 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX (12)Any tree transplanted on-site shall not be counted as a protected tree or heritage tree under this section and therefore does not require replacement under this section, provided it is viable at 12 months after the permit's final inspection per Part (12). (13)Amount of required replacement trees in (4) and (5) above shall be a variety of types and sizes as demonstrated below. Species shall comply with Hennepin County’s “Reccommened Tree List.” (14)Tree Replacement may be fulfilled by planting trees at a different site from their home. The different site can be private or public land, at the choice of the City staff. City staff controls where and when the planting will happen and the species of the trees that will be planted. Deciduous (dbh)Coniferous (height in feet) Lot size < 1 acre Lot size > 1 acre 2” caliper or greater, 10’ clump or greater 6’ or greater 2.5’ caliper or greater, 12’ clump or greater 7’ or greater Deciduous (dbh)Coniferous (in feet)Lot size <1 acre Lot size >/= 1 acre 3 ½” or greater 8’ or greater 70%50% 4 ½” or greater 10’ or greater 20%25% 5 ½” or greater 12’ or greater 10%25% Page 19 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX (15)Financial Guarantee. a.The city shall, at its option, require cash escrow or a letter of credit satisfactory to the city in the amount of 1 10 percent of the value of the tree replacement identified in the tree protection plan, securing the full performance of tree protection plan. The amount of such security shall be calculated by the fees described in Parts (4)f and (5)f. b.Release of financial guarantee. The financial security shall be released based on the following schedule: i. Upon issuance of a certificate of occupancy and approval by city forester that the tree protection plan has been met: forester will inspect the site and calculate actual fee owed based on how much dbh preserved or replaced on site. The original escrow or line of credit, minus this fee, is 50 percent released at this time. The forester shall provide feedback to the property owner and promote strategies to preserve current trees and increase their health and replacement value. The property owner shall be provided the opportunity to amend the original Tree Replacement Plan based on size and local availability of replacement tree varieties that are included on the Hennepin County “Recommended Tree List”, and their adaptability to the site conditions for long-term success. The property owner shall then decide to replace, replant, or potentially add trees onto the site to help exceed the replacement value on the property before the second inspection is to occur. Should the property owner decide to replace or add trees to the property after the first inspection and increase their replacement value, the amended Tree Replacement Plan showing the updates and improvements shall be submitted prior to the second inspection. ii. Twenty-four months Twelve months after issuance of certificate of occupancy, an applicant must submit a landscape review by a certified arborist with their amended Tree Replacement Plan (if applicable), indicating planted and preserved trees are still healthy, and/or have been sufficiently replaced if were found to be unhealthy, and/or have been added to in order to increase the replacement value from the initial inspection. The certified arborist can recommend to add or replace trees onsite that meet the minimum size requirement, and give the property owner one final opportunity to increase their replacement value within 24 months. The balance of the financial guarantee (50 percent of financial guarantee net of fees in Part a) are released at this time. If the property owner does not opt to replace or add trees on site and increase the replacement value, these fees are considered owed to the city and retained permanently. Page 20 of 32 Existing Changes submitted by Mayor Hovland, Holly Gillis & Dave Sannka Stricken text — Existing Ordinance omitted by Mayor Hovland, Holly Gillis & Dave Sannka Added text — XXXX Section 2. This ordinance is effective immediately and will apply to existing permits. First Reading: Second Reading: Published: ATTEST: Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk CERTIFICATE OF CITY CLERK l, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of June 4, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 2024. City Clerk Page 21 of 32 BOARD & COMMISSION ITEM REPORT Date: February 13, 2025 Item Activity: Discussion Meeting: Energy & Environment Commission Agenda Number: 7.3 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Report & Recommendation Department: Engineering Item Title: Work Plan Item 1, CAP Prioritization Action Requested: Receive information. Provide comments. Information/Background: EEC Work Plan Item 1 is a "review and comment" on Staff's work to re-prioritize Climate Action Plan actions. Staff will present information each month for ease of review by the EEC. This meeting will include a review of the re-prioritization process led by staff and draft updates for the sector "Cross-Cutting Actions." The EEC work plan leads will synthesize comments after the meeting. Supporting Documentation: 1. CAP Prioritization Process Memo 2. CC, Cross Cutting Actions Page 22 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Background Approved in 2021, the City’s Climate Action Plan (CAP) sets the course for our community to reduce greenhouse gas emissions 45% by 2030 from a 2019 baseline and achieve net zero emissions by 2050. Edina’s CAP includes 8 focus areas, 36 strategies, and more than 200 actions to “help those who live and work in Edina imagine and achieve a future where the Earth and all who live on it thrive.” CAP action CC 1-6 assigns the Sustainability Division to complete regular implementation progress reviews and adjustment of actions based on those reviews. The approved Engineering Department 2025 work plan includes a project for the Sustainability Division to lead a review of existing and new CAP actions to prioritize future department work plans. The approved EEC 2025 work plan item #1 is to “review and comment” on this work. Process Summary Using Envisio progress reports, department and commission work plan deliverables, and the 2023 greenhouse gas inventory, the Sustainability Division will meet with various City departments and divisions to review assigned CAP actions to understand status and feasibility for implementation. In addition, the Sustainability Division is reviewing Hennepin County’s Climate Action Plan, Metropolitan Council’s Priority Climate Action Plan (PCAP), and the State of Minnesota Climate Action Framework and PCAP to identify top-down strategies and policies that should be included. To streamline review and discussion, the Sustainability Division will facilitate: 1. Internal staff review to gather input on action status and resource needs, as well as missing actions that should be considered for inclusion. 2. Virtual meetings with EEC work plan leads for an initial review of staff input ahead of the EEC’s monthly meeting. 3. Monthly EEC meetings to review staff input to gather verbal comments. Engineering Department, Sustainability Division EdinaMN.gov Date:February 13, 2025 To:Energy & Environment Commission (EEC) From:Marisa Bayer, Sustainability Manager Subject:Climate Action Plan Prioritization Process Overview Page 23 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 The EEC work plan leads to draft written comments after the monthly EEC meeting for inclusion in summary table. Each EEC meeting will focus on one sector. Draft Timeline The following lists the draft topic for staff and EEC review. Topics may shift based on internal staff review and EEC will be updated if any changes are anticipated. Month Staff EEC Review & Comment January •Process Design •Cross-Cutting Actions February •Water & Wastewater •Process Design •Cross Cutting Actions March •Buildings & Energy •Waste Management •Water & Wastewater April •Transportation & Land Use •Greenspace & Trees •Buildings & Energy May •Climate Economy •Climate Health & Safety •Waste Management June •Local Food & Agriculture •Transportation & Land Use July •Greenspace & Trees August •Climate Economy September •Climate Health & Safety October •Summary Review •Local Food & Agriculture November •Summary Review •Summary Review December •Summary Review •Council Presentation •Summary Review •Council Presentation (if desired) Deliverable & Organization The deliverable from this process will be a comprehensive review of CAP actions and include an updated list of priority implementation actions to inform future department and commission work plans. The objective is to have a list of actions that are feasible to implement 2026-2030. Accompanying the Staff Report will be a summary table of all actions with the following information: Envisio Report Prioritization Project Updates CAP Label Envisio Status Description Status City Role Division Lead Budget Staffing Capacity Staff Notes EEC Comments Action Number in CAP Status as Reported in Envisio Description Listed in CAP See note below See note below City Division Responsible See note below See note below Notes from Staff Collected EEC Comments Page 24 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 •Status o Complete: Action has been completed. Staff notes to include details of completed action. o Ongoing: Action has been completed and operationalized, requiring ongoing budget, and staffing needs. Staff notes to include description of operations. o Keep, No Change: Keep action with no changes. Staff notes to include implementation status. o Keep, Change: Keep action with modifications. Staff notes to include what is changed from the original description and implementation status. o New: Action is new. Staff notes to include description, source for action, and implementation considerations. o Remove: Action to be removed from priority actions. Staff notes to include reasons as to why (e.g., not feasible, outside of City scope). •City Role o Lead: City of Edina leads implementation of the action. o Partner: City of Edina partners with other organizations or community members to implement the action. o Support: City of Edina supports other organizations or community members to implement the action. •Budget o Budgeted: This action has been budgeted. Source(s) of funding to be listed. o Not budgeted: This action has not been budgeted and requires a new budget allocation to implement. If known, estimated budget amount to be listed. o N/A: This action does not require a budget. •Staffing Capacity o Existing capacity: This action can be implemented with existing staff capacity noted in “Division Lead” column. o Capacity needed: This action requires additional staffing capacity. If known, estimated staffing needs to be listed. Page 25 of 32 CAP Label Envisio Status Description Prioritization Status City Role Division Lead Budget Staff Capacity Staff Notes EEC Comments CC 1-1 Completed The City Manager will work with staff to develop a year 1 implementation plan that specifies a work sequence and timeline for implementation tasks, estimates necessary funding and staffing resources, and outlines an accountability process, to be presented to the Energy & Environment Commission for comment by the end of March 2022. Progress updates will be reported to the Edina Energy & Environment Commission and City Council on a semi-annual basis. Ongoing Lead Sustainability n/a Existing capacity Operationalized. Year-1 work plan created in 2022. Annual report provided to EEC and City Council by Sustainability Division. Quarterly updates completed in Envisio. Support provided by Engineering Director and Administration Leadership as requested. CC 1-2 Completed Establish clear guidance and direction for the participation in and support of the CAP implementation actions by all City of Edina departments. Ongoing Lead Sustainability n/a Existing capacity Operationalized. Departments participate in annual department and biennial budget work plan process with Sustainability Division to identify associated CAP actions and priorities. Internal Values Viewfinder team champions sustainability value and CAP actions during project evaluation and Council Item Reports. CC 1-3 Completed Establish a City "CAP Team" comprised of staff representatives from all key City departments. The task of the CAP Team should be to meet regularly to support the initial and on-going prioritization and implementation of annual implementation actions and projects and to support reporting and progress updates. Remove Sustainability and division managers collaborate on CAP integration during annual work plan and other planning processes. Sustainability Division regularly participates in internal staff meetings and check-ins related to CAP. No new team created. CC 1-4 Upcoming Establish and implement a policy to review existing and future City of Edina policy and ordinance changes as well as building and zoning variance requests against the goals, strategies, and actions of this Climate Action Plan to ensure alignment of changes with this plan. Keep, No Change Lead Sustainability n/a Existing capacity Two processes to establish this review. Ongoing requests are evaluated against sustainability and CAP plan via Item Reports and Values Viewfinder training for staff on how to evaluate and identify connection to values. Zoning will be reviewed during zoning code updates and the Comprehensive Plan process. CC 1-5 Completed Fund and support sustainability staffing required to support the implementation of this Climate Action Plan (see Implementation Matrix for example staff needs). Ongoing Lead Sustainability CAS Fund Existing capacity Operationalized. Division funding and staffing core function with existing staff fully funded. Separate CAP actions that require new or expanded policies and programs to identify budget or staff needs. These discussions also occur during budget and Council discussions. CC 1-6 Completed Review Climate Action Plan implementation progress and impacts on a regular basis (1-2 year cycle). Re- view should include development of an updated community wide and municipal operations GHG inventory. Strategies and actions should be reviewed for implementation progress and for continued appropriateness. Based on the review, adjust, add, and remove detailed CAP actions as appropriate. Ongoing Lead Sustainability CAS Fund Existing capacity Operationalized. GHG Inventory update process established. 2025 mid-point prioritization underway. Future review to be based on updated progress reports. Page 26 of 32 CC 2-1 Completed Establish the Energy and Environment Commission (EEC) as a primary community member body to support the implementation of the CAP. Commission’s annual work plans should include support of the implementation of the Climate Action Plan; supporting City staff in any relevant departments; receiving up-dates on City CAP projects and progress; being provided with opportunity to comment on identification of annual CAP implementation priorities, projects, and budgets; and providing input on plan adjustments as needed. Ongoing Lead Sustainability Existing capacity Operationalized. EEC work plans integrate CAP actions. CC 2-2 Completed Establish a designated City Council representative and EEC representative participant in the City’s internal CAP Team in support of CAP implementation. Remove Council and EEC engaged through separate work plan processes. No new team created. CC 2-3 Completed Establish a coordinated communication and education campaign supporting the communication and educational needs of each of the CAP sections. The campaign should also look to help community members: • Understand climate change in general, anticipated impacts, and the function and importance of implementing a Climate Action Plan. •Understand why change at the individual, community, City, and business level needs to occur, • The role of individuals, households, and businesses in making change • How to make those changes correctly, and • What the benefit/incentive to them might be; for example, articulating that switching to solar energy and or an electric bus fleet might help reduce bills Ongoing Lead Sustainability CAS Fund Existing capacity Operationalized. Division communications plan created with annual updates by staff and monthly meetings with Communications Department. Separate actions in CAP identify additional outreach tactics or messaging. CC 2-4 On Track Continue and expand sustained outreach and engagement efforts that seek to build and maintain direct relationship with under-resourced, traditionally marginalized, and climate vulnerable communities within Edina. Ongoing Lead Sustainability CAS Fund Existing capacity GreenCorps member and interns hosted annually to support outreach. Sustainability Division to continue to lead capacity and budget for GreenCorps Members, Interns, and other staffing. CC 2-5 Completed Establish jurisdictional partnerships that advance CAP strategies to advance and accelerate action. This can include government entities like the Hennepin County, 9 Mile Creek Watershed District, the State of Minnesota; utilities like Xcel Energy; institutions like Edina Public Schools; Edina businesses, and community groups. Ongoing Lead Sustainability n/a Existing capacity Operationalized. Sustainability Division and other Division Managers participate in various formal partnerships, including Community Energy Network, Midwest Building Decarbonization Coalition, Cities Climate Coalition, Stormwater Coalition, Partners in Energy Network, and Urban Sustainability Directors Network. Additional engagement through informal partnerships with peer agencies and groups. CAP Label Envisio Status Description Prioritization Status City Role Division Lead Budget Staff Capacity Staff Notes EEC Comments Page 27 of 32 CC 3-1 Completed Maintain a budget and identify funding sources for staff dedicated to the implementation of the CAP.Ongoing Lead Sustainability CAS Fund Existing capacity Operationalized. Conservation and Sustainability (CAS) Fund policy reserves approximately $1 million in annual franchise fee revenue dedicated to Sustainability Division functions. Additional fund revenue sources identified as part of Climate Economy actions. Separate actions with new or expanded programming to identify staffing and budget needs. CC 3-2 Completed Identify a budget necessary to support projects on an annual basis as per the detailed actions outlined in the Climate Economy section of the plan and climate actions. Ongoing Lead Sustainability n/a Existing capacity Operationalized. New or expanded policies and programs identify staffing and operational budget needs during review and approval process. CC 3-3 Completed Utilize no-cost technical assistance offerings as available.Ongoing Lead Sustainability CAS Fund Existing capacity Operationalized. Core Sustainability Division function accessed through partnerships. CAP Label Envisio Status Description Prioritization Status City Role Division Lead Budget Staff Capacity Staff Notes EEC Comments Page 28 of 32 BOARD & COMMISSION ITEM REPORT Date: February 13, 2025 Item Activity: Action Meeting: Energy & Environment Commission Agenda Number: 7.4 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Report & Recommendation Department: Engineering Item Title: Time of Sale Policy Advisory Communication Action Requested: Approve Time of Sale Policy Advisory Communication. Information/Background: The Energy and Environment Commission (EEC) completed a “Time of Sale Energy Disclosure Program Report” as part of their 2023 work plan, and approved the report at their Feb. 8, 2024 meeting. Staff shared their draft report at the Nov. 14, 2024 meeting and additional data at the Dec. 12, 2024 meeting. Commissioner Martinez Salgado prepared an Advisory Communication for review and approval as the final step for this work plan item. Once approved, the Advisory Communication with the staff report and follow-up data will be submitted to the City Council. Supporting Documentation: 1. EEC Advisory Communication, Time of Sale Page 29 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Date:Feb. 13, 2025 To:Mayor & City Council From:Energy and Environment Commission Subject:EEC recommendations and comments on the Time-of-Sale Energy Disclosure Initiative of the 2023 workplan XXApproved Work Plan Item: Yes, 2023 WP No Council Charge: 1: Study & Report 2: Review & Comment 3: Review & Recommend 4: Review & Decide Items not on the approved work plan: Council action is rarely taken mid-year for items not on the current approved work plan. Action is only taken if Council chooses to discuss the Advisory Communication at the Council meeting and provides specific direction through a Council vote. Commissions are encouraged to submit new initiative proposals through the annual work plan process. Residential Energy Disclosure provides valuable information to homeowners and potential buyers, particularly at key moments such as when a property is being sold. According to a study by the National Association of Home Builders, new homeowners tend to invest more in home improvements during their first year of ownership compared to those who have owned their homes for longer. This makes the time of sale an ideal opportunity to recommend energy upgrades, as these improvements are often incorporated into broader home renovation plans (Siniavskaia, 2022). In Edina, between 2016 and 2021, a total of 3,252 single-family homes were sold. While 14.5% of these homes were demolished, 75.5% remain standing. In 2020, Edina had 23,862 housing units, with 59% of those built between 1950 and 1979, and a median construction year of 1968 (U.S. Census Bureau, 2020). According to the Center for Energy and Environment, buildings constructed before 1980 benefit the most from energy efficiency retrofits, delivering the greatest energy savings for the lowest cost (CEE, 2025). The Energy and Environment Commission report outlines the findings and recommendations of a Time-of-Sale Energy Disclosure initiative and proposes the adoption as a logical first step toward achieving the goals set forth in the city’s Comprehensive Plan (CP) and Climate Action Plan (CAP). The city staff report, however, concluded that based on their permits and data assessments, residents already invest sufficiently in home safety and energy improvements, making the Page 30 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Annex 1. Comments and additional research regarding staff report. •We assume that table 2. Actual and Effective Age for Single-Family and Town/Twin Homes (All Homes) of the staff report is trying to show that houses are newer in Edina. However, for the case of this program, it is more useful to use the median year of the houses than average. The median year of houses built in Edina is very similar to that of Bloomington, and houses in Austin are even newer (both cities have a time of sale energy disclosure programs). establishment of a Time-of-Sale Energy Disclosure Program unnecessary. Their argument is based on two key premises: 1) the high cost of implementing a new program and its potential impact on the city budget, and 2) the belief that resources would be better spent focusing exclusively on the existing Home Energy Audit Program. EEC disagrees with these conclusions for the following reasons: •The proposed program could be self-financed by charging a fee for the necessary inspections, though we acknowledge that a modest additional budget may be required from the city. •As part of our recommendations, we suggest that the Home Energy Audit Program and the Time-of-Sale Disclosure Program should complement each other. It is important to note that as the city has highlighted this as a preferred option the current progress toward its goal is significantly off track. The CAP (Climate Action Plan) target aims for 460 audits per year, yet the city's average over the last decade (2014-2024) has been just 188 audits annually. To meet the goal, the city will need additional funding for education and outreach efforts to increase participation. •To date we have yet to see a plan from the city on how they plan to significantly increase adoption of the home energy audits in line with the CAP and further can’t project a path for them to get there that doesn’t require resourcing in time/budgets significantly beyond what would be required of the Time of Sale. By implementing a Time-of-Sale Energy Disclosure Program, the city could capitalize on a key moment in the homeownership process, addressing a market failure related to the lack of awareness about the importance of energy efficiency. The program is a win-win-win, since it offers a simple, transparent way for buyers to assess a home’s energy efficiency, encourages homeowners to invest in energy-saving improvements and as sellers help them recoup the value of these investments, and lastly supports the city's broader greenhouse gas reduction goals for the building sector. Page 31 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 o Median year built: ▪Minneapolis: 19491 ▪Portland: 19642 ▪Edina: 19683 ▪Bloomington: 19704 ▪Austin: 19915 •In the document that analyzes the Austin case, figure 1 and 2, shows how the energy efficiency program in that city Austin did make a difference in the house being sold compare with their neighboring cities.6 •Portland confirmed that they developed their program from the ground up, focusing exclusively on energy performance as part of their Climate Action Plan. So far, it has been successful, with only a few hiccups during the pandemic years. •Table 3. 2021-2023 Home Energy Audit Data of the report showed that the numbers are far from achieving the goal of 460 houses per year establish in the climate action plan (Action BE 1-1)7 •On the budget side, the average salary for a building inspector in the state is $78,010 per year, with the top earner in the Twin Cities area having a yearly payment of $96,000.8 1 https://www.point2homes.com/US/Neighborhood/MN-Demographics.html 2 https://www.point2homes.com/US/Neighborhood/OR/Portland-Demographics.html 3 https://www.edinamn.gov/DocumentCenter/View/8093/02-Community-Profile-Chapter-PDF 4 https://www.bloomingtonmn.gov/sites/default/files/2022-04/2022_Assessing%20Report_0.pdf 5 https://www.point2homes.com/US/Neighborhood/ORAustin-Demographics.html 6 https://e2e.uchicago.edu/pdf/workingpapers/WP044.pdf 7 https://www.edinamn.gov/DocumentCenter/View/12064/Climate-Action-Plan-PDF 8 https://www.careerexplorer.com/careers/building-inspector/salary/minnesota Page 32 of 32