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HomeMy WebLinkAbout2024-11-15 EEC Meeting Packet Meeting location: Edina City Hall Community Room 4801 W. 50th St. Edina, MN Energy & Environment Commission Meeting Agenda Thursday, November 14, 2024 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. Minutes from September 12, 2024 Meeting 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. Staff report on Time of Sale with Energy Disclosure 7.2. Tree Recognition Campaign 7.3. Parking Project Advisory Communication 7.4. Paved Area / Community Gardens Work Plan Item Page 1 of 32 8. Chair and Member Comments 9. Staff Comments 10. Adjournment Page 2 of 32 BOARD & COMMISSION ITEM REPORT Date: November 14, 2024 Item Activity: Action Meeting: Energy & Environment Commission Agenda Number: 4.1 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Minutes Department: Engineering Item Title: Minutes from September 12, 2024 Meeting Action Requested: Approve minutes. Information/Background: Approve minutes from Sept. 12, 2024 meeting. Supporting Documentation: 1. Sept 12 EEC Minutes Page 3 of 32 MINUTES OF THE ENERGY & ENVIRONMENT COMMISSION REGULAR MEETING 7:00 PM THURSDAY, SEPTEMBER 12, 2024 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 7:00 p.m. then shared the procedure for public hearing and community comment. 2. Roll Call Answering roll call were Commissioners Lukens, Haugen, Walker, Bartholomew, Tessman, Schima, Martinez-Salgado, and student Commissioners Langsweirdt and Srivastav. Absent was Commissioner Weber. Commissioner Dakane arrived at 7:14 p.m. 3. Approval of Meeting Agenda Schima made a motion, seconded by Martinez-Salgado, to Approve Meeting Agenda. Motion Carried. 4. Approval of Meeting Minutes 4.1. Minutes from August 8, 2024 Meeting Schima made a motion, seconded by Tessman, to Approve August 8, 2024 Meeting Minutes. Motion Carried. 5. Special Recognitions and Presentations 6. Community Comment No community comment was received. 7. Reports/Recommendations 7.1. 2025 Work Plan Haugen made a motion, seconded by Bartholomew, to Approve 2025 Work Plan. Motion Carried. Page 4 of 32 EEC discussed their 2025 work plan and the draft plan provided in the packet. Decisions were made to remove the item related to student commissioner-led projects and incorporate engagement with schools into the ongoing initiatives work plan item. 7.2. Sun Current Letter Promoting Electric Vehicle Event Haugen made a motion, seconded by Martinez-Salgado, to Approve the Draft Letter to Submit to the Sun Current. Motion Carried. Commissioner Bartholomew abstained. Commissioner Tessman introduced the draft letter explaining it will promote both the Electric Vehicle Showcase Event and importance of the electric vehicles to achieving the Climate Action Plan Goals. 7.3. EEC Social Media Takeover Staff Liaison Bayer explained the social media takeover opportunity. EEC agreed it was a valuable communications tool and student commissioners agreed to participate. 8.Chair and Member Comments •Commissioners asked about the opportunity to distribute information at the Annual Tree Sale about the Tree Recognition Program. Staff will follow up to confirm. •Commissioners asked for an update on the staff report to the EEC's TISH report. Staff are collecting data and will bring forward their report when ready. 9.Staff Comments •Staff Liaison Bayer reminded Commissioners of the media contact and communications policies in the member handbook. •GHG inventory is almost complete and staff expect to have a presentation to the EEC at the October or November meeting. 10.Adjournment Schima made a motion, seconded by Martinez Salgado, to Adjourn. Motion carried. Meeting adjourned at 9:00 p.m. Page 5 of 32 BOARD & COMMISSION ITEM REPORT Date: November 14, 2024 Item Activity: Discussion Meeting: Energy & Environment Commission Agenda Number: 7.1 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Report & Recommendation Department: Engineering Item Title: Staff report on Time of Sale with Energy Disclosure Action Requested: None, discussion only. 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 February 8, 2024 meeting. The EEC report recommends the adoption of a time of sale policy that addresses health, safety, and energy. This staff report is a response to the EEC’s report and includes a summary of existing city policies, Edina permit and housing stock data, and implementation considerations if the city were to move forward with a time of sale policy. Sustainability Manager Marisa Bayer and Chief Building Official Nate Borwege will review the report. The next step will be scheduling a City Council presentation for the EEC and Staff. Supporting Documentation: 1. Staff Report Draft, Time of Sale with Energy Disclosure 2. EEC Report, Time of Sale Energy Disclosure Page 6 of 32 Date: November 12, 2024 To: Mayor and City Council From: Marisa Bayer, Sustainability Manager Nate Borwege, Chief Building Official Chad Millner, Director of Engineering Subject: Time of Sale Inspections and Energy Disclosure Policy Staff Recommendation: Do not adopt a Time of Sale policy. 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 February 8, 2024 meeting. A TOS policy aligns with Edina’s Climate Action Plan Strategy BE 1-13, “Establish a performance ratings/labeling program for all homes listed for sale or rent so that owners, tenants and prospective buyers can make informed decisions about energy costs and carbon emissions. Rating program to require Energy Audit/Energy Efficiency Program participation.” This staff report is a response to the EEC’s report and includes a summary of existing policies, Edina permit and housing stock data, and implementation considerations. Time of Sale Inspections Time of Sale (TOS), Point of Sale (POS) and Truth in Sale Housing (TISH) are local government policies that require an inspection to be completed before a home can be listed or sold. The goal of these policies is to ensure safety and quality of residential properties. These inspections are in addition to private inspections typically completed during a real estate transaction at the discretion of a buyer. These policies require inspection of the health and safety of a home as it relates to building code, submission of the inspection report to city staff, and in most cases, require remediation of hazardous issues before a home can be listed or sold. This differs from typical private home inspections where an item flagged by the inspector is not required to be remediated by the local government agency. Page 7 of 32 STAFF REPORT PAGE 2 Eleven metro cities require some sort of pre-sale inspection of the home. Robbinsdale, cited in the EEC report, repealed their policy in 2024 due to diminishing value of the policy because of repeat inspections of the same homes and a decrease in the number of hazards being identified. Columbia Heights, not cited in the EEC report, adopted a TOS policy in 2024 to address unpermitted and unlicensed work completed by “housing flippers” that create hazards for new homeowners and to address sewer inflow and infiltration issues. Appendix 1 summarizes existing and repealed policies in the metro area. Energy Disclosure Minneapolis and Bloomington include energy disclosure as a component of their policies. Energy disclosure is an additional report that provides an “energy score” of the home’s energy efficiency, plus improvements to increase a home’s score. Unlike health and safety hazards, cities cannot require improvements to the mechanical equipment or building envelope. Both cities worked with the Center for Energy and Environment (CEE) to update their existing time of sale inspection policies to create energy disclosure criteria and inspection processes. CEE also supported realtor engagement and evaluator training on the new criteria. Both cities currently contract with CEE to generate energy disclosure reports in coordination with home evaluators, publish energy scores and support policy education and outreach. Policy Need Staff collected permit, assessing and energy audit data to understand the quality of Edina’s housing stock and what value a pre-sale inspection might add to identify potential health, safety and energy improvements. Permit & Assessing Data Building Inspections gathered 2021–2023 permit data for single-family and town/twin homes to understand the level of investment being made in Edina’s residential housing stock. There are 12,533 single-family and 1,005 town/twin homes in Edina. Permit data indicates that residents are actively investing in their homes, including upgrades to items that would be evaluated in an energy disclosure report (e.g., heating and cooling systems, building envelope). Although insulation only permits are low, projects often upgrade insulation as part of a building permit, which is not tracked separately, or in some cases, might upgrade insulation without permit approval. Table 1. 2021-2023 Permit Data for Single-Family and Town/Twin Homes Permit 2021 2022 2023 Total 3-year Average Demos 66 55 52 173 58 New Homes 68 62 57 187 62 Window/Door Replacements 475 378 350 1,203 401 Insulation Only 15 9 6 30 10 Page 8 of 32 STAFF REPORT PAGE 3 Permit 2021 2022 2023 Total 3-year Average Furnace/AC's 825 915 827 2,567 856 Boilers 20 12 23 55 18 Water Heaters 551 587 583 1,721 574 As part of the property valuation and market value determination process, assessors determine the property’s “effective age,” which is a way to state the age of the property based on its current condition rather than its actual age (i.e., year built). For assessing purposes, maintenance items like roofs and HVAC systems do not change a property’s effective age. Assessing data complements the permit data by illustrating that although the average year built for Edina’s single-family and town/twin-home housing is closer to 1960s and 1970s respectively, the level of investment being made shows a newer, higher quality and condition of Edina’s homes. Table 2. Actual and Effective Age for Single-Family and Town/Twin Homes, All Homes Property Type Average Actual Age Average Effective Age Average Difference Single-Family 1962 1991 27 Town/Twin Home 1977 1993 15 Energy Audit Data The City of Edina partners with CEE, Xcel Energy and CenterPoint Energy’s home energy audit program implementer, to provide discounted audits to residents who live in 1–4-unit homes. During a home energy audit, energy experts inspect the home’s insulation, heating and cooling systems and water heater to provide an energy savings plan report with recommended energy-saving upgrades and associated rebates and incentives to help cover project costs. The cost for a home energy audit includes advisor services to support project implementation. In the past three years, 565 homes received a home energy audit with 73% of those visits resulting in at least one recommendation to invest in their home’s energy efficiency (Table 3). The most common recommendation is insulation and air sealing (Table 4). Permit data in Table 1 complements CEE’s audit recommendation data by demonstrating that investments in these types of recommendations are being made in Edina; however, the most common recommendation–insulation–doesn’t have the same level of investment based on permit data alone. Table 3. 2021-2023 Home Energy Audit Data Audits 2021 2022 2023 Total 3-year Average Total Number of Audits 157 183 225 565 188 Audits Receiving Recommendations 94 144 173 411 137 Page 9 of 32 STAFF REPORT PAGE 4 Table 4. 2021-2023 Home Energy Audit Recommendations Audit Recommendations 2021 2022 2023 Total 3-year Average Water Heater 35 53 71 159 53 Cooling System 41 60 50 151 50 Insulation and Air sealing 77 96 135 308 103 Heating System 31 50 43 124 41 Policy Development & Implementation Considerations If City Council directs Staff to move forward with a TOS inspection policy, Staff time will be needed to determine inspection evaluation and energy disclosure criteria, plus time to hire staff, create internal processes and forms and make software improvements. In addition, Staff time for engagement with realtors, brokers, home evaluators and other interested parties is recommended for policy education. Scope If City Council directs Staff to move forward with a TOS inspection policy, Staff recommend the following when it comes to policy scope: • Require inspection prior to closing (e.g., time of sale or point of sale inspection policy) to avoid confusion or debate about what the definition of listing is or when a listing is effective. • Applicable to single-family homes and town/twin homes with exceptions for planned demolitions, new construction (first owner) and public transfers to stay consistent in its scope with neighboring cities to reduce confusion. • Include a provision that only items posing an immediate hazard to the occupants of the structure are required to be repaired. Allow transfer of hazardous repairs to the buyer with city approval, an escrow and timeline requirement to ensure repairs are completed. • Inspection to evaluate health and safety hazards, with an energy disclosure inspection component. The specific criteria to be evaluated would need to be determined during a policy development process. Budget and Staffing Inspection implementation varies—some cities have dedicated inspectors on staff to complete the TOS inspection, and others approve or license home evaluators and allow home sellers to choose from that list with staff managing the licensing and documentation for the policy. There are approximately 670 single-family and town/twin home sales annually. Staffing will need to cover conducting or reviewing inspections for a majority of those home sales dependent on policy structure. Staff estimate that for in-house implementation, where staff inspect properties and issue certifications, 2 FTE are needed, costing approximately $205,573 to $258,474 annually, plus a one-time cost to purchase inspection equipment (e.g., tools, ladders) and vehicles that are not currently budgeted. This estimate is based on the number of property sales and providing timely inspections, staffing levels other Page 10 of 32 STAFF REPORT PAGE 5 cities have when implementing internally, and the current capacity of Building Inspections. The staff costs for doing inspections in-house could be recouped through an inspection fee, but a fee to fully cover staffing costs might be higher than peer cities with similar policies and in-house implementation. Supplemental staff time would be required from the Chief Building Official and Sustainability Manager to oversee policy implementation and from central services staff for related software maintenance. For a policy that requires third-party inspections, staff recommend that at least one FTE be hired to manage implementation, license inspectors, educate the community and realtors, review inspection reports, and issue certifications. These staff costs are estimated to be $102,670 to $129,237 annually, which can be partially recouped through a licensing fee. This model would also require staff time to create licensure criteria and processes. Supplemental staff time would be required from the Chief Building Official and Sustainability Manager to oversee policy implementation and from central services staff for related software maintenance. Minnesota cities with energy disclosure (Minneapolis and Bloomington) have an annual professional services agreement with CEE to implement the energy disclosure portion of their policy. This cost is estimated to range from $15,000–$75,000 a year that is currently not budgeted. If a policy were adopted that included energy disclosure, Staff recommend hiring CEE or other firm to provide similar implementation services. In addition to budget for staffing and energy disclosure consultant services, a to-be-determined cost will need to be budgeted for software to collect documentation and track policy compliance. Conclusion Several peer cities have TOS, POS or TISH policies to ensure safety and quality of residential properties, with two cities including energy disclosure to help potential buyers understand the energy performance of a home. Based on Edina permit and assessing data, residents are actively investing in their home’s safety and quality, and upgrading heating and cooling systems and the building envelope to increase energy performance. In addition, Edina’s discounted home energy audit program has resulted in more than 560 home energy audits in the past three years, giving homeowners insight into their home’s energy use and an energy savings plan to make upgrades. Based on the data available, Staff do not recommend adopting a TOS policy. To continue to prioritize energy efficient investments, including building electrification and renewable energy, the City should: • Continue its discounted home energy audit program, exploring ways to target outreach to older housing stock and properties who haven’t upgraded their HVAC systems. • Expand funding for its Community Climate Action Fund to support more residential efficiency upgrades and home electrification projects. Page 11 of 32 STAFF REPORT PAGE 6 Appendix 1: Summary of Minnesota City Time of Sale (TOS), Point of Sale (POS) and Truth in Sale Housing (TISH) Policies The following data was collected by Staff from city websites and education materials. City Type Scope Rating Energy Disclosure Remediation Requirement Remediation Transferability Certification Exemptions Implementation Cost Bloomington TOS Single and two- family dwellings, condominiums, townhouses and mobile homes Hazards Yes Hazards Yes Consent from city required Certificate of Compliance Multifamily, demos, first owner, public transfer In-house $250 Brooklyn Park Repealed 2013 Repealed due to perceived value of program and duplication with independent home inspections completed by buyers Columbia Heights TOS Single, two-, and three-family dwellings, condominiums, townhouses, and mobile homes Hazards Hazards Yes Consent from city and cash escrow from buyer required Certificate of Property Maintenance Multifamily, demos, first owner, public transfer In-house $160; $25 for additional unit Crystal Repealed 2015 Repealed due to perceived value of program and duplication with independent home inspections completed by buyers Golden Valley POS All properties without I/I Compliance Certificate Inflow and infiltration deficiencies Deficiencies n/a Certificate of I/I Compliance In-house $250 residential $750 commercial Hopkins Repealed 2020 Repealed due to budget cuts, staff time to ensure compliance and avoid closing delays, and duplication with independent home inspections completed by buyers Page 12 of 32 STAFF REPORT PAGE 7 City Type Scope Rating Energy Disclosure Remediation Requirement Remediation Transferability Certification Exemptions Implementation Cost Maplewood TISH Single, two-, and three-family dwellings, condominiums, townhouses At or below ordinance standards Ordinance violations n/a Disclosure report Mobile homes Licensed 3rd party evaluators Depends on evaluator; $130 licensing fee Minneapolis TISH Single-family houses Duplexes Townhouses First-time condominium conversions Hazards Yes Hazards Yes Submit transfer form to city and complete repairs within 90 days of closing Certificate of Approval Certificate of Completion (for transferability) Licensed 3rd party evaluators Depends on evaluator Mounds View POS All properties without I/I Compliance Certificate- Sewer line only Inflow and infiltration deficiencies Deficiencies n/a Certificate of I/I Compliance 3rd party evaluators $150 plus evaluator cost New Hope POS Single-family homes, condominiums, townhomes, cooperatives, and apartment buildings Code compliance Code violations Yes Consent from city and cash escrow from buyer required Certificate of Property Maintenance In-house $160 per unit; $20 for each additional unit in MF Richfield POS Single family and two-family homes, condominiums Code compliance Code violations for code year built; immediate hazards Yes Consent from city and cash escrow from buyer required Certificate of Housing Maintenance In house $100-230 Robbinsdale Repealed 2024 Repealed due to costs, diminished need for program and repeat inspections due to property resales Page 13 of 32 STAFF REPORT PAGE 8 City Type Scope Rating Energy Disclosure Remediation Requirement Remediation Transferability Certification Exemptions Implementation Cost Saint Paul TISH Single family, duplex, condominium, and townhomes Hazards Disclosure only SF must have HWSD/A n/a Disclosure report Immediate family transfer, first owner, public transfer, demos Licensed 3rd party evaluators Depends on evaluator St. Louis Park POS Single family and two-family homes, condominiums Code compliance Code violations Yes Consent from city and cash escrow from buyer required Certificate of Property Maintenance In house $170-360 South St. Paul TOS Single family, two-family, and multiple-family dwellings Hazards Hazardous Yes Submit transfer form to city and complete repairs within 30 days of closing Letter Demos, first owner, public transfer, transfer to family Licensed 3rd party evaluators Depends on evaluator Page 14 of 32 Final Draft 1 Time of Sale Energy Disclosure Program Report January 2024 Page 15 of 32 Final Draft 2 Table of Contents 1. Introduction 3 2. Background 3 3. Why Time of Sale of Housing Inspection? 4 4. Case Studies: Austin, Portland, Minneapolis, and Bloomington 6 5. Recommendations 8 6. Bibliography 11 Page 16 of 32 Final Draft 3 1. Introduction Across the country, cities and states are increasingly adopting measures requiring disclosure of the energy efficiency of residential properties prior to them being sold. In the Midwest, states such as Kansas and South Dakota have adopted energy efficiency disclosure policies for new construction and cities such as Minneapolis and Chicago have likewise adopted some form energy efficiency disclosure requirements for residential home sales. The contours and requirements of these policies vary, but the overarching goal of lowering energy costs, reducing GHG emissions, and improving the health and safety of communities is a consistent theme across all these measures. The City of Edina should consider adopting a similar policy to meet the goals of both its Comprehensive Plan and Climate Action Plan. 2. Background The state of Minnesota Statute 412.221 gives cities direct authority to protect public health and safety, and to enact ordinance for fire prevention, allowing the establishment of health and safety inspections (Minnesota Legislature, 2022). Additionally, under the state building code Minn. Stat. 326b.121, cities can enact ordinance requiring homes to be kept in good conditions or good repair. (Minnesota Legislature, 2022) In 2020, the City Council of Edina formally adopted its decennial Comprehensive Plan (CP) which, among other things, outlined a vision for Edina on issues related to both housing and energy and the environment. The Comprehensive Plan noted that, in terms of housing, “demographic changes are driving a demand for different housing types, including smaller units which are more affordable, and have lower costs for maintenance, energy, and water” (CP, 4- 16). Relatedly, the Energy and Environment chapter found that Edina’s energy use per capita was the highest in the region, second only to Bloomington which has already enacted a time of sale disclosure requirement. As a result, the plan concluded that continued focus on improving energy efficiency “will be critical to reducing emissions and keeping costs down” (CP, 8-4, 8-5) (City of Edina, 2018) Shortly after the adoption of the Comprehensive Plan, in 2021, the city of Edina published and approved its Climate Action Plan (CAP). The plan set a Greenhouse gas (GHG) reduction goal compatible with the Paris Agreement, targeting reductions in City operation and community wide emissions of 45% below 2019 levels by 2030 and achieve net zero emissions by 2050 (Pale Blue dot LLC, 2021). To achieve those goals, the CAP identified 200 actions in an eight-section framework, including Section 3 on buildings and energy. The plan proposed 8 strategies in this area, with a goal of reducing total community wide GHG emissions by 40% over 2019 levels in the Building and Energy sector (CAP, p3-6). In addition, section BE1 articulates a goal to “improve total community wide residential, commercial, educational, and industrial building energy efficiency by 15% for electricity and 15% for Natural Gas by 2030”, which includes action BE 1-13 to “establish a performance rating/labeling program for all homes listed for sale or rent so that Page 17 of 32 Final Draft 4 owners, tenants and prospective buyers can make informed decisions about energy cost and carbon emissions.” 2.1. Housing in Edina: In 2020, Edina had 23,862 housing Units, with 59% of those units built between 1950- 1979, with median year structures built in 1968 (U.S. Census Bureau, 2020). Around 70.5% of the housing stock is owner occupied, 62% being single family (56 % single-family detached and 7% single-family attached or duplex) and 38% multifamily units (City of Edina, 2018). For the most part, buildings in the city are in average to good conditions. However, sales statistics demonstrates that in the last 6 years, between 2016-2021 around 14.5% of the houses being sold have been demolished. See table 1. Table 1. Houses sold and demolished, City of Edina. Year Edina # of SF home sales Edina # SF demo permits % demo’d 2016 545 91 17% 2017 552 88 16% 2018 479 71 15% 2019 534 64 12% 2020 513 72 14% 2021 629 66 11% Source: Edina’s city staff (assessing division and building department). While Edina may see a relatively high rate of homes demolished, most of the existing housing stock is over 40 years old, thus predating decades of energy efficient technologies and policies. 3. Why Time of Sale of Housing Inspection? Information disclosure is key when you are making decisions, especially when that decision is to invest on an asset as significant as a house. Key information related to health, safety and energy consumption is paramount to homebuyers because it enables more informed decisions. Inadequate information about a home’s energy inefficiency is widely understood as a market failure (Jaffe, Newell, & Starvis, 2004). The lack of information about energy efficiency dis- incentivizes potential seller investments in efficiency improvements for fear of not recovering their investments, while shielding potential buyers about home characteristics that can lead to substantial long-term savings (Cassidy, 2019). In the absent of a public policy intervention in the form of a time of sale requirement, the market failure of inadequate information may continue unabated and threaten the Edina’s ability to meet goals outlined in both the Comprehensive Plan and Climate Action Plan. The potential benefits of time of sale disclosure and housing inspection programs are documented and likely why municipalities across the country are adopting similar policies Page 18 of 32 Final Draft 5 (Myers, Puller, & West, 2019). Those benefits include, but are not limited to, increased investment in energy efficiency by homeowners, reducing homeowner energy costs, making housing more affordable1, reducing Greenhouse gas emissions, improving the health and safety of residents, and increasing the value of residential property. Adoption of a time of sale housing inspection would make Edina’s policies consistent with neighboring municipalities. Several nearby cities mandate what is known as a Truth-in Sale of housing (TISH) inspection which is focused on the risks to life and /or health the property might have. These ordinances required every home seller to have a pre-inspection completed by a licensed inspector before they list their property for sale. The TISH inspections are paid by sellers and are different than the standard inspections performed for and paid by most buyers. Depending on the cities, the inspection may vary but most include checking hazards related to smoke detectors, railing, plumbing, electrical, etc. Currently, cities with TISH mandates include Bloomington, Golden Valley, Maplewood, Minneapolis, New Hope, Richfield, Robbinsdale, Saint Louis Park, Saint Paul, South Saint Paul. Both Minneapolis and Bloomington have expanded their TISH inspection to include energy disclosure in 2020 and 2022, respectively. By adding the energy component, homeowners have a road map of improvements that can improve comfort, save energy, and cut costs. 3.1. Residential Disclosure Policy Options: Asset Rating v. Operation Rating As the Center for Energy and Environment (CEE) mentioned in its report Transforming the Market for Energy Efficiency in Minneapolis: Recommendation for Residential Energy Efficiency Rating and Disclosure (CEE, 2018), “there are two basic methods to benchmark the efficiency of homes: based on a home’s actual energy bills (operation) or based on a home’s physical assets related to its energy performance (asset rating)”. Based on the research of CEE, our analysis and interviews done with different cities, and lastly our interest to include the Health and Safety components, we decided to focus on the asset- based rating, which considers the home’s physical assets. This approach evaluates the level of insulation as well as the efficiency of furnace and a/c, providing objective information on the energy performance of the home, and its results can be used to compare to other homes. This approach also provides actionable information on what can be done to improve the efficiency of the home. As previously noted, there are several cities in the Metropolitan Area of the Twin Cities that have Truth-in Sale housing inspections, which focus on health and safety components. Two of them, Bloomington and Minneapolis have also included the energy disclosure component as part of its inspection. It is important to mentioned that in these two cities, the health and safety 1 “The average homeowner spends up to $2500 per year on energy bills. Energy efficiency upgrades can reduce homeowner’s energy costs by 20-45%, while creating comfort, safety, and quality of life benefits.” CEE, 2018. Page 19 of 32 Final Draft 6 remarks make on the inspection need to be address by the seller before selling the house, while the energy component is only a disclosure component, and it doesn’t have to be addressed. There are also other programs around the country that have focus solely on the energy component like the ones established by Portland, Oregon and Austin, Texas. 4. Case Studies: Austin, Portland, Minneapolis, and Bloomington Over the last several years, there has been an explosion in residential energy disclosure policies being adopted by states and municipalities. Over ten states and 30 major cities have adopted such policies in the last decade, not to mention smaller cities and municipalities. This section explores in more details the four programs, analyzing their pros and cons to have a baseline of information that can help tailor the type of program that will be more beneficial to the city of Edina. Table 2, in page 10 is a resume of the four programs being evaluated. 4.1. Austin, Texas Austin’s Energy Conservation Audit and Disclosure (ECAD) ordinance went into effect in June 2009 and was amended in 2011 to push the disclosure timing to at least 3 days before the close of the option period, during which the prospective buyer may legally cancel their contract to purchase the home penalty- free. The program is managed by Austin Energy, the community owned utility of the city (Austin Energy, 2023). The program applies to residential properties with four of fewer dwellings that are sold within Austin city limits, which are 10 years or older, and are serviced by Austin Energy. The energy audit report must be disclosed at time of sale remains valid for ten years. Home sellers are exempt if they do not meet one or more of the conditions. All audits are conducted by certified professional technicians who have been trained by Austin Energy and are approved contractors for the program. Although compliance is officially mandatory for all encompassed property sales, in practice, few resources are dedicated to enforcement and compliance is incomplete – about 60% of targeted homes comply. Noncompliance can result in financial penalties from $500-$2000, but penalties for non-compliance have almost never been incurred, since it is not in the mission of Austin Energy to track or enforce compliance. The cost of inspection is around $100-$300, depending on the size of the house. 4.2. Portland, Oregon Portland established its Home Energy Score Policy in 2016 through the adoption of its ordinance on Residential Energy Performance Rating and Disclosure, as a results of its 2015 Page 20 of 32 Final Draft 7 Climate Action Plan, since residential buildings contributed to nearly half of the emissions from buildings in the city (City of Portland, 2015). The program requires that all single-family home sellers in the city obtain and disclose a Home Energy Report estimating the energy-related use, associate cost, and cost-effective solution to improve the home efficiency. The policy has been in place since 2018, and in the year between passing of the ordinance and the start of its implementation, city staff built a network of home energy assessors trained by Earth Advantage, a non-profit, to perform the inspections. By doing so they made sure that this new requirement didn’t generate any disruption in the house market. Realtors were also trained regarding the new policy, and although they complained that the new requirement could delay the process of selling the properties, once the ordinance passed, they embrace it and are now the ones pushing the sellers to comply with it. The report must be included in any listing or public advertising. The cost for the city in a yearly basis is around 200,000 USD, which includes mainly wages of the staff running the program, fees paid to Earth Advantage to train, manage and certify the network of assessors (30,000-40,000 USD) and the low-income homeowners inspections, that cost around 7,000 USD. The assessors use the National Home Energy Score (HES) tool from DOE as their scoring tool and data gets collected according to this process. The complete process, which includes gathering the data, uploading the score in the mapping software and disclose the information on the webpage takes less than a week. The energy program doesn’t apply to renters of single-family house or multifamily. However, they do need to comply with state requirements related to health and safety like having a gas stove or furnace, and access to cooling. Noncompliance can result in a financial penalty of $2000, but penalties for non-compliance have almost never been incurred, since the sending of a warning have made homeowners comply with the ordinance. They current compliance rate is between 50-60% and they aiming to at least 80%. 4.3. Bloomington, MN Bloomington established its Time-of-Sale Housing (TOS) evaluation more than 25 years ago, and include the energy component in April 2022, through an amendment of their 1995 ordinance. Page 21 of 32 Final Draft 8 The program requires that all dwelling, including single- family, accessory, two-family, multiple- family and manufacture homes complies with the Time-of-sale evaluation before it offered for sale. If the house will be torn down, no inspection is required. When the policy started and only focused on health and safety, contractors licensed by the city were the ones in charge of the inspections. However, since the energy component was included and due to a high number of complaints, they switch to in-house inspection. By having oversight of the program, they have control of the inspections and can make sure they are done more effective and efficient. For the energy disclosure component, they use a software developed by CEE, and include both a/c and water heater. They city staff in charge of the program includes an office coordinator and 3 inspectors, which have been train both by CenterPoint and the Center for Energy and Environment (CEE). In a regular basis, inspectors will do checks on sales and look for the TOS, if one wasn’t done, they will send email notifying violation of ordinance. The cost of the inspection is of $255, which $5 going to CEE to support training and the rest to the city. 4.4. Minneapolis, MN Minneapolis is one of the Twin cities that mandated the Truth in Sale (TISH) inspection, but it was until January 2020 that energy data started to be collected as part of this inspection (Minneapolis, 2022). Properties like single-family houses, duplex, townhouses, and first-time condominium conversion requires the TISH evaluation before selling them. The inspections are done by 3rd party evaluator, who have always been doing the home inspections in the city. With the energy components added they are now required to go through ongoing yearly training to maintain their credentials. One of the main challenges they faced was the opposition from the realtors, but once the program started, they have been supportive. The compliance of the program is one of the highest of the 4 cities studied with 70-80%. This since they monitor MLS and force owners to take down their listing if the disclosure has not been conducted. The cost of the inspection is between $200-300, depending on the evaluator used and the size of the house. Page 22 of 32 Final Draft 9 5. Recommendations The Vision Edina strategic framework noted that community residents and stakeholders “believe that Edina can take an active and ambitious internal and regional leadership role in embedding environmental stewardship principles through actions” such as “smart building and energy efficiency practices.” The Comprehensive Plan and the Climate Action Plan built on this commitment to residents and stakeholders by committing to policies that improve the affordability of housing in Edina by reducing the costs of energy and reduce Greenhouse gas emissions by improving energy efficiency practices. The cities studied showed that certified energy efficiency residential audits capitalized energy efficiency and leads to residential investment in energy saving technologies. These programs also show that energy improvements can be linked to existing rebate programs. In the case of Minneapolis, 33% of all the rebated energy improvements completed in 2021 were done by residence that had received an energy disclosure report (CEE, 2023). Adoption of a time of sale initiative is a logical first step into fulfilling the vision of both the CP and the CAP. If a time of sale initiative is to be adopted by the City of Edina, the Energy and Environment Commission recommends that: ● Health, Safety, and Energy: The Time of Sale Initiative developed by the city needs to include both health & safety and energy components. ● Housing Types: Should include all single-family homes, duplex, and townhouses being sold in the city. ● Inspections: Both inspections schemes, in-house or third party, could work for the city. The decision will depend on human resources cost, that eventually could be cover by part of the fee pay for the inspections. ● Criteria: Considering the median year of houses built in the city is 1968, and that this initiative will only focus on houses being sold it should be complemented with the Home Energy Squad Initiative, to help the city achieve their climate action goals. ● Financing: the energy efficiency improvements resulted of the inspections could be linked to Edina’s Community Climate Action Fund that seeks to help residence complete high-impact energy efficiency projects (City of Edina, 2023), or to other rebates programs available through utilities or at the state level. ● Enforcement: Several of the cities reviewed do have enforcement policies, but in practice there is little to no enforcement of the policy. Nevertheless, compliance is relatively high, and seemingly getting higher as the programs are in place longer. Page 23 of 32 Final Draft 10 Table 2. Residence disclosure policies studied. Jurisdiction Name Enacted/ Effective Component s Type of homes Trigger Inspection Cost for the city (yearly) Cost for seller Sale Rent Austin, TX Energy Conservation Audit & Disclosure (ECAD) 2009/ 2011 Energy Properties with four or fewer dwellings X 3rd party inspection NA $100- 300 Bloomington, MN Time-of-Sale (TOS) 1995/ 2022* Health & Safety, Energy Single- family, accessory, two- family, multiple- family and manufacture homes X In house inspection $435,000** * $250 Minneapolis, MN Truth in Sale (TiSH) 1995/ 2020** Health & Safety, Energy single-family homes, duplex, townhouses, and first-time condominium X X 3rd party inspection NA $255 Portland, OR Home Energy Score 2016/ 2018 Energy Single-family homes X 3rd party inspection $200,000++ $200- 300 * In 2022 the included the energy component ** In 2020 they include the energy component *** This is an estimate and includes 3.5 full- time inspectors, support from their sustainability coordinator and a fee paid to CEE per house inspected. ++ Include wage of staff running the program, payment to Earth Advantage and the inspections for low-income homeowners. Page 24 of 32 Final Draft 11 6. Bibliography Austin Energy. (2023, 12 01). ECAD Ordinance. Retrieved from Austin Energy: https://austinenergy.com/energy-efficiency/ecad-ordinance/ecad-for-residential- customers Cassidy, A. (2019, July 13). How Does Mandatory Energy Efficency Disclosure Affect Housing Prices? . Retrieved from SSRN: https://ssrn.com/abstract=3047417 CEE. (2023, 03). Time of Sale Energy Disclosure. Minneapolis, MN, USA. CEE. (2018). Transforming the Market for Energy Efficiency in Minneapolis: Recommendations for Residential Energy Efficiency Rating and Disclosure. Minneapolis: CEE. City of Edina. (2018). 2040 Comprehensive Plan. Edina: City of Edina. City of Edina. (2023). Community Climate Action Fund. Retrieved from https://www.edinamn.gov/1929/Community-Climate-Action-Fund City of Portland. (2015, 06). City of Portland. Retrieved from Climate Action Plan: https://www.portland.gov/bps/climate-action/documents/2015-climate-action- plan/download Jaffe, A. B., Newell, R. G., & Starvis, R. N. (2004). Economics of Energy Efficiency. Encyclopedia of Energy, 79-90. Minneapolis. (2022, 02 25). City of Minnepaolis. Retrieved from Energy disclosure report: https://www.minneapolismn.gov/resident-services/property-housing/buying- selling/tish/energy-disclosure-report/. Minnesota Legislature. (2022). Office of the Revisor of Satutes. Retrieved from https://www.revisor.mn.gov/statutes/cite/326B.121. Minnesota Legislature. (2022). Office of the Revisor of Statues. Retrieved from https://www.revisor.mn.gov/statutes/cite/412.221 Myers, E., Puller, S., & West, a. J. (2019, October). Effects of Mandatory Energy Efficiency Disclosure in Hosuing Markets. Retrieved from University of Chicago: https://e2e.uchicago.edu/pdf/workingpapers/WP044.pdf Pale Blue dot LLC. (2021). Climate Action Plan. Edina: City of Edina. U.S. Census Bureau. (2020). United States Census Bureau. Retrieved from https://data.census.gov/profile/Edina_city,_Minnesota?g=160XX00US2718188#housing Page 25 of 32 BOARD & COMMISSION ITEM REPORT Date: November 14, 2024 Item Activity: Discussion Meeting: Energy & Environment Commission Agenda Number: 7.2 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Report & Recommendation Department: Engineering Item Title: Tree Recognition Campaign Action Requested: Review Tree Recognition Campaign awards. Information/Background: Twenty-three nominations were received for the Tree Recognition Campaign. Work plan leads Haugen and Martinez-Salgado reviewed the nominations and selected categories for recognition. The EEC is being asked to review ahead of formal recognition at the November 19 City Council meeting. Supporting Documentation: 1. 2024 Tree Recognition Campaign Awards Page 26 of 32 2024 Tree Recognition Campaign Awardees Award Tree Species Location Best Bur Oak Bur Oak 4916 Arden Ave Best White Oak White Oak 5412 York Ave Best Coniferous Tree White Pine 5724 Code Avenue Best City Tree Cottonwood Weber Park Best Tree Story Crab Apple York Park Biodiversity Award Ginkgo Arneson Acres Park Fall Colors Award Maple 6608 Gleason Terrace Climbing Tree Award Silver Maple Kojetin Park Fullest Canopy Award Silver Maple 4917 Arden Avenue Honorable Mention - Mature Tree Oak 4505 Oxford Ave Honorable Mention - Mature Tree Bur Oak 5400 Park Place Honorable Mention - Mature Tree Bur Oak 4609 Bruce Ave Honorable Mention - Mature Tree But Oak 6126 Loch Moor Dr Honorable Mention - Mature Tree Bur Oak W 70th and Cahil Honorable Mention - Mature Tree White oak 4509 Oxford Ave Honorable Mention - Mature Tree Oak 4716 Townes Rd Honorable Mention - Mature Tree Sugar Maple 4509 Oxford Ave. Honorable Mention - Mature Tree Unknown 6100 Kellogg Ave Honorable Mention - Young Tree Swamp White Oak Weber Park Honorable Mention - Young Tree Green Ash Edina Promenade Honorable Mention - Young Tree Dawn Redwood Arneson Acres Park Honorable Mention - Young Tree American Pawpaw 5717 Deville Dr Honorable Mention - Young Tree Freeman Maple 5410 York Ave Page 27 of 32 BOARD & COMMISSION ITEM REPORT Date: November 14, 2024 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: Parking Project Advisory Communication Action Requested: Comment on draft Parking Project Advisory Communication. Information/Background: The Planning Commission's 2024 work plan included a project to consider the future of parking in Edina and identify parking initiatives. EEC is being asked to "review and comment" on the Advisory Communication as part of their 2024 work plan. EEC work plan leads Schima and Weber will collect comments to submit to the Planning Commission work plan leads. Supporting Documentation: 1. Draft Parking Project Advisory Communication Page 28 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Date: To:Mayor & City Council From:Planning Commission Subject:2024 Work Plan Initiative #4 - Parking X X Approved Work Plan Item: Yes No Council Charge: 1: Study & Report 2: Review & Comment 3: Review & Recommend 4: Review & Decide Action Requested: The Planning Commission is asking the Council to review the results of its 2024 Parking inquiry, and recommend that the commissions identified in the project roadmap include this work in their development of future work plans. Situation: It has been widely reported that the United States has over 1 billion parking spaces and more square footage of space dedicated to parking each car than to housing each person. Many cities have begun to recognize parking as a constraint to the realization of vital transportation and land use objectives; crowding out active transportation facilities and green space, and increasing the cost of development. Background: Edina’s vision for the future is documented in various approved planning documents. A review of the Comprehensive Plan, the Climate Action Plan, and the Living Streets Plan reveals specific goals for reducing Vehicle Miles Travelled (VMT), establishment of bike/ped facilities, supporting transit, enhancing green space, and increasing affordable housing. Given our car-based development history and current land use profile, Edina needs parking facilities to function. Given our transportation, climate, and land use goals, however, the amount of space dedicated to parking needs to be carefully considered and balanced against other priorities. In 2021 the Council approved a new offstreet parking ordinance, updating code established in the 1970s. Although the 2021 update was a meaningful step forward, it seems likely that further refinements may be available that could help realize Edina’s vision for the future. And since offstreet parking is part of a parking “ecosystem”—offstreet parking influences onstreet parking, and vice versa—it is appropriate to evaluate parking interdependencies. Page 29 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 In 2024 the Planning Commission, in collaboration with ETC and EEC, was asked to lead an evaluation of the “future of parking in Edina to identify parking initiatives to pursue in the next 10- 15 years, in what order, and what commissions/resources should be assigned to each.” Assessment: Our review of Edina vision documents revealed nine themes that are influenced by the parking ecosystem in our city: 1. Reduce greenhouse gas emissions 2. Reduce VMT 3. Accelerate development of bike/ped facilities 4. Increase EV adoption 5. Increase tree planting 6. Reduce impermeable surfaces 7. Increase density 8. Increase transit ridership 9. Support affordable housing, especially near transit Related to these themes, we have identified four parking-related projects that could help Edina realize its vision: 1. Audit parking inventory a. By commercial node b. Identify offstreet and onstreet capacity and usage c. Quantify surplus or shortage d. Include bike/e-bike parking e. Recommend policy options to increase efficient land use 2. Update offstreet parking ordinance a. Informed by inventory b. Strategically reduce or eliminate offstreet parking minimums (could be overlay) c. Evaluate opportunities to reduce commercial minimums given environmental changes (especially Office) d. Evaluate affordable housing incentives e. Update incentives near transit (scale of incentives, definition of “near”) f. Evaluate incentives and trade-offs for active transportation facilities, green space g. Evaluate regulation and incentives for shared parking by adjacent properties (public- private or private-private) h. Evaluate opportunities to reduce minimums where there is available public parking nearby (could be dynamic regulation) i. Update EV parking standards (state guidance on Commercial/MF expected in 2026) j. Update bike/e-bike parking standards k. Update surface parking standards (position on lot, shielding, pedestrian flow, landscaping) Page 30 of 32 City of Edina • 4801 W. 50th St. • Edina, MN 55424 3. Create onstreet parking plan with specific, measurable goals a. Informed by inventory b. Replace onstreet parking with bike/ped facilities, street trees/green spaces, transit access, and other productive uses (especially where district parking is available like 50/France) c. Evaluate one-side no parking on select streets in R zones to create bike facilities d. Evaluate strategic use of one-way traffic to create space for bike facilities and preserve parking e. Evaluate drop-off zones for rideshare f. Establish bike/e-bike parking standards in commercial nodes g. Evaluate new parking pricing models, including Parking Benefit Districts (manage demand, create revenue for bike/ped facilities, reduce emissions) 4. Create district parking plan a. Informed by inventory b. By commercial node c. Enable reduction of onstreet capacity; create more space for bike/ped facilities d. Avoid development of new offstreet capacity Recommendations: Year Project Commission(s) 2026 Audit parking inventory Planning, Transportation 2027 Create district parking plan Planning 2028 Update offstreet parking ordinance Planning 2028 Create onstreet parking plan Transportation, Energy & Environment Implementation 2033 Audit parking inventory Planning, Transportation 2034 Update offstreet parking ordinance Planning 2034 Update onstreet parking plan Transportation, Energy & Environment Implementation Page 31 of 32 BOARD & COMMISSION ITEM REPORT Date: November 14, 2024 Item Activity: Discussion Meeting: Energy & Environment Commission Agenda Number: 7.4 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Report & Recommendation Department: Engineering Item Title: Paved Area / Community Gardens Work Plan Item Action Requested: Discuss Paved Area / Community Garden work plan item. Information/Background: Work plan leads Weber and Martinez-Salgado will provide an update to the Paved Area / Community Garden work plan item. Supporting Documentation: None Page 32 of 32