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HomeMy WebLinkAbout2011-06-09 PacketMINUTES OF THE REGULAR MEETING OF THE ENERGY AND ENVIRONMENT COMMISSION HELD AT CITY HALL June 9, 2011 7:05 P.M. I. Call to Order Chair Latham called the meeting to order at 7:05 p.m. II. Roll Call Answering roll call were Members Gubrud, Iyer, Kata, Kostuch, Paterlini, Pronove, Sierks, Thompson, Zarrin, and Chair Latham. Absent: Members Risser and Tucker Staff Present: Jane Timm and Jesse Struve III. Approval of Meeting Agenda Agenda was approved as written. IV. Adoption of Consent Agenda. Motion made by Member Thompson and seconded by Member Gubrud approving the consent agenda. V. Community Comment. No one appeared for comment. Resident David Vandongen, address unknown, was there to observe. VI. Report/Recommendations A. Working Group Members. Motion made by Member Gubrud and seconded by Member Paterlini to approve Todd Doroff, Laura Eaton, and Robert Skrentner to the Water Quality Working Group and delete Ryan Wilson from the group. Motion carried unanimously. B. City Website. Member Paterlini gave the Commission an update about her participation on the Website Group with Jennifer Bennerotte. Member Paterlini sent some ideas to Ms. Bennerotte on behalf of the EEC. They have not met as a group yet. C. Recycling & Solid Waste Working Group. Chair Latham reported that the Recycling and Solid Waste Working Group did not meet in May. 1. The working group will be attending the St Paul District Roof Top Solar Installation Tour on June 23, 2011. 2. There was a discussion about the proposed amendment to proposed Section 1300.09 of the Edina City Code to require the reporting of commercial Municipal Solid Waste (MSW) as well as residential MSW. Motion made by Member Zarrin and seconded by Member Thompson to remove the word "residential" from the Edina proposed ordinance Section 1300.09, Collection and Disposal of Refuse and Recyclables. Motion carried unanimously. D. Eco Tour. Chair Latham gave an update on EEC's 7-31-11 Eco Yard and Garden Tour and asked the commissioners to recruit working group members to sign up to volunteer that day. E. Education and Outreach Working Group. Member Thompson reported for the Education and Outreach Working Group. He gave an update on the survey to be given to the Edina School District Principals. There was a discussion about the best and fastest way to get articles published in the Sun Current. Staff Liaison Struve will check with Jennifer Bennerotte to see what articles regarding energy savings have been written on the Public Works building and what articles could still be written. Member Pronove gave an update on a hydration system (drinking fountain and fill up station)they are collecting money (fund raising) to have installed at the high school. F. Water Quality Working Group. Chair Latham gave an update on the Water Quality Working Group in the absence of Member Tucker. 1. There was a discussion about the proposed Coal Tar Sealer Ordinance. The commission reviewed the proposed ordinance. There were many questions about how and why the ordinance came to be. It was decided to table discussion and approval until next month when Member Tucker would be available. Motion made by Member Kostuch and seconded by Member Gubrud to table the proposed Coal Tar Sealer Ordinance approval until July 2011 meeting. Motion carried unanimously. 2. There was a discussion about the Bluestar Certification website. Mr. Struve will contact the website to see if there is a read-only access otherwise he will print the information, scan the information and send it out to commissioners. 3. Chair Latham gave an update on the National Pollutant Discharge Elimination System presentation. Mr. Struve will give the presentation to the Water Quality Working Group in the future. G. Procurement. Member Kostuch updated the commission regarding his meeting with staff. He informed the members that a Purchasing Committee had been established and the Purchasing Committee would be reviewing the policy. H. Energy Working Group. 1. Mr. Struve gave an update on the solar RFP. He stated that McKinstry Company had toured several city buildings. The Energy Working Group was concerned that it had not been involved in the RFP and this was a concern of the working group. Member Iyer stated he believed they would be involved in the RFP as it progressed. 2. Member Iyer reviewed the Solar/Wind Ordinance amendments. The draft would go to City Staff by end of July for review, then on to the Planning Commission. 3. There was a discussion about GreenStep Certification requirements. Mr. Brad Hansen gave the members an explanation of the PACE Commercial Energy District. Mr. Struve will contact Finance Director Wallin to set up a meeting to investigate the process of establishing a PACE Commercial Energy District. Motion made by Member Iyer and seconded by Member Sierks to ask the City of Edina to investigate establishing a PACE Commercial Energy District in Edina. Motion carried unanimously. I. Air Quality Working Group. No Report. J. EEC Website. There was no report. K. GreenStep Cities Plan. Chair Latham will update the GreenStep Cities Plan and present at the next meeting. L. Turf Management Task Force. Turf Management Task Force Member Paterlini gave an update. There was a discussion about a no spray policy in some playgrounds and to have them posted "For Your Health No Spraying." This document was from 1994. Member Paterlini has looked at new signs. Member Paterlini would like to find funding for the signs. It was noted that some areas were being sprayed with more chemicals than required given that these areas were classified for higher weed tolerance. Motion made by Member Paterlini and seconded by Member Thompson to restore the Turf Management document with the initial intent not to spray the areas designated "No Spray" and only allow authorities to spray with organics. Motion carried unanimously. M. City Council and EEC Work Session. There was a discussion about when EEC would be with City Council at a Work Session. Chair Latham will find the first available time. There was a discussion about possible topics to discuss with City Council. Chair Latham will update the agenda and have it in the packet for the July 2011 EEC meeting. VII. Correspondence and Petitions VIII. Chair and Commission Member Comments A. Vice Chair appointment. No decision was made. IX. Staff Comments. A. Mr. Struve updates. 1. Mr. Struve gave an update on the City Survey. 2. Chair Latham told the members that the total remaining EEC budget is $8600.00 and asked the members to bring a list of potential purchases to the next meeting. The purchases must be completed by December 31, 2011. 3. ULI benchmark progress report. No update. 4. Compostable Bags. No report. 5. Commission Badges. Member Gubrud will get the a new on when the new branding is completed. There was a discussion about starting the meeting earlier and shortening the agenda. No decision was made. There being no further business on the Commission Agenda, Chair Latham declared the meeting adjourned at 9:40 p.m. Respectfully submitted, Jane M Timm Deputy City Clerk ENERGY & ENVIRONMENT COMMISSION NAME TERM J F M A M J J A S O N D Gubrud, Bob 2/1/2013 X X X X X X Iyer, Surya 2/1/2012 X X X X X Kata, Karwehn student X X X X X Kostuch, Keith 2/1/2013 M X X X Latham, Dianne 2/1/2012 X X X X X X Paterlini, Germana 2/1/2013 X X X X X X Pronove, Alma student X X XX Risser, Julie 2/1/2012 X X X Sierks, Bill 2/1/2013 X X X X X Thompson, Paul 2/1/2013 X X X X IX X Tucker, Susan 2/1/2012 X X X Zarrin, Sarah 2/1/2012 X X X AGENDA CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thurs., July 21, 2011 7:00 PM I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA A. Minutes B. Attendance Report V. COMMUNITY COMMENT During "Community Comment," the Energy & Environment Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission, or which aren't slated for future consideration. Individuals must limit their testimony to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments tonight. Instead the Commission might refer the matter to staff or to an EEC Working Group for consideration at a future meeting. VI. REPORTS AND RECOMMENDATIONS A. Working Group members B. Energy WG 1. Solar panel project 2. Solar/wind ordinance amendments Task Force 3. PACE commercial energy district C. Water Quality WG 1. Coal Tar ordinance 2. Blue Star Municipal Stormwater Mgmt Assessment D. Air Quality WG 1. Drive Through Ordinance Amendments 2. Clean Air Act E. Recycling & Solid Waste WG 1. Refuse Report 2. City park recycling bins 3. City survey —Organized Hauling F. Eco Yard & Garden tour G. Turf Management Task Force H. Education Outreach WG 1. 0 of 1Uly Parade 2. Public Works native plant landscaping I. City Website J. EEC Website 1 K. GreenStep Cities L. City Council Work Session VII. CORRESPONDENCE & PETITIONS VIII. CHAIR AND COMMISSION MEMBER COMMENTS A. Vice Chair Election B. June Issue of Edina Magazine IX. STAFF COMMENTS A. Jesse Struve 1. EEC budget 2. ULI benchmark progress report 3. EEC's compostable bag resolution 4. Green Corps Intern Next EEC Meeting — Thurs., August 11, 7:00 in Community Room Meeting with McKinstry - Thurs. July 21, 6:30 in Community Rm Work Session with City Council —Tuesday, Sept. 20, 5:00 in Community Rm The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. F) CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thurs., July 21, 2011 7:00 PM L CALL TO ORDER Il. ROLL CALL (1 min) III. APPROVAL OF MEETING AGENDA (1 min) IV. ADOPTION OF CONSENT AGENDA (1 min) A. Minutes B. Attendance Report V. COMMUNITY COMMENT (10 min) During "Community Comment, " the Energy & Environment Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission, or which aren't slated for future consideration. Individuals must limit their testimony to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments tonight. Instead the Commission might refer the matter to staff or to an EEC Working Group for consideration at a future meeting. VI. REPORTS AND RECOMMENDATIONS A. Working Group member additions/deletions. (2 min) (attached). B. Energy WG — (15 min) Surya Iyer/ Bill Sierks — Minutes 4-19-11 (attached), 5-17-11 (attached). Meeting of 6-21-11 canceled and rescheduled for 7-6-11. 1. Solar panel project — 7-6-11 & 7-21-11(6:30 pm) meeting with McKinstry on RFP clarification. 2. Solar/wind ordinance amendments Task Force — Progress report (Surya & Bill) 3. PACE commercial energy district - (see attached handout & resolution) https://www.revisor.mn.gov/laws/?id=216&doctype=Chapter&year=2010&type=0 and http://www.mnseia.org and http://www.law.umn.edu/uploads/p0/Xo/pOXo6vryak40- 50N017XwA/PACE-REPORT-FINAL-pdfpdf C. Water Quality WG — (15 min) Susan Tucker — Minutes 4-18-11(attached) 5-16-11 (attached) 1. Proposed Coal Tar ordinance — See attached proposed ordinance, rationale, USGS PAH fact sheet, 1-18- 11 Chicago Tribune article on safety, Handyman ofAmerica article on driveway sealants, article on Suffolk Co coal tar ban. 2. Blue Star Municipal Stormwater Mgmt Assessment — Jesse Struve to provide Read Only user name and password to see Edina's results at http://www.bluestarmn.org/leaderboard D. Air Quality WG Rept (15 min) J. Risser— Minutes of 4-28-11 (attached), 5-26-11 (attached), 6-23-11 (awaiting approval). Ltr to Ed sent to Sun Current 6-21-11 & published 7-7-11. 1. Proposed 850.07 Drive Through Ordinance Amendments, related ordinances of 850.08 Parking & Circulation as well as section 1040 on noise (see attached). 2. 7-12-11 request from Dawn Erlandson, consultant to the National Wildlife Federation, for Edina to host a roundtable on the public health benefits of the Clean Air Act in Edina to be held before Aug. 15. Other sponsors are the Minnesota Conservation Federation and the Will Steger Foundation. E. Recycling & Solid Waste WG (10 min) DP Latham — No June meeting held in lieu of 6-23-11 St. Paul Dist. Energy Solar Installation Tour. Minutes of 7-7-11 (awaiting approval). 1. 1300.09 Proposed Refuse Report (attached). 2. Recommendation for City park recycling bins (attached). 3. City survey — Organized Hauling (see attached page) F. 7-31-11 Eco Yard & Garden tour monitor sign-up sheet (See attached) (5 Min). G. Turf Management Task Force (10 min) - Germana Paterlini (see attached revised turf management plan) H. Education Outreach Working Group Report— (10 min) Bob Gubrud/Paul Thompson -Next meeting 8/2/11 1. 4h of July Parade 2. Article on public works native plant landscaping. I. City Website Update — Germana Paterlini. (2 min) J. Update of EEC Website (see attachment in 6-9-11 EEC packet) (3 min). K. GreenStep Cities (5 min) — See http://p-reenstep.pca.state.mn.us/bestPractices.cfm enstep.pca.state.mn.us/bestPractices.cfm for updated practices as well as www.MnGreenStep.org; MPCA websites are shut down during the State of Minnesota shut down. Until State government is operational see httv://www.facebook.com/mnizreenstea Comp Plan must be updated for city ordinance citations. Edina has a level I qualification award. L. Proposed Agenda for City Council Work Session (10 min). See attached VII. CORRESPONDENCE & PETITIONS VIII. CHAIR AND COMMISSION MEMBER COMMENTS (5) A. Vice Chair Election B. See the June Issue of Edina Magazine — It's focus is environmental with many articles on EEC projects http://edinamag.com/article/edina-city-government/edina-becomes-greenstep-city= IX. STAFF COMMENTS A. Jesse Struve (10 min) 1. EEC budget balance is $8,600 as of 5-23-11. The dedicated ECF account has $691. 2. ULI benchmark progress report - 2010 B3 data entry by Katie Jones of MN Green Corps & ULI data 3. EEC's compostable bag resolution — The bill apparently died for lack of a Senate sponsor. 4. Green Corps Intern — Was not funded Next EEC Meeting — Thurs., August 11th in the Community Room (required); Meeting with McKinstry Thurs. July 21, 6:30 in Community Rm (optional); Work Session with City Council — Tuesday, Sept. 20, 5:00 in Community Rm (required) The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Edina Energy & Environment Commission Working Groups, Task Forces and Projects Draft of 6-27-11 Air Quality Working Group (AQ WG) – 4`h Thrusday at 7:00 pm – Chair Julie Risser - Members Julie Mellum, Laura Eaton, Karwehn Kata Prospective Members – David B. VanDongen – Sr. Research Engineer and consultant to the chemical -processing industry. Water Quality Working Group (WQ WG) – 3rd Monday at 7:00 pm - Chair Susan Tucker – Members: Bill Johnson, Nina Holiday -Lynch, Jon Moon, Mary Jo Straub, Robert Skrentner, Todd Doroff, Laura Eaton Prospective Members —Susan Danzl – BS & MS in environmental engineering & worked 5 yrs in water and waste water industry. Also has done some work in solid waste estimations and energy production from solid waste (waste to energy). Relocated from California 1 year ago. Energy Working Group (AE WG)– 3rd Tuesday at 7:00 pm – Co -Chairs Surya Iyer and Bill Sierks, Commissioner Bob Gubrud - Members Richard Griffith, Richard Oriani, Greg Nelson, Gary Wahman, John Spanhake, John Howard, Bill Glahn, Brad Hanson Prospective Members – Phil Hirschey – Works at Enhanced Home Systems, Inc. with Greg Nelson. Delete Prospects? Alan Glotzman – Has a business Presswirte Printing in SLP. Has a commercial solar system providing a substantial % of his power, as well as extensive LED lighting. He the past President of the morning Rotary. Scott Weicht (Works in commercial construction that installs geo-exchange, solar systems, LEED certified buildings and invests/constructs biomass facilities as well as water treatment/waste water plants around the country. His home has a geo-exchange ground loop system for heating/cooling, and a rain water capture system for lawn/plant watering. The home is designed for future solar when it becomes more efficient). Has agreed to be on the 7-31-11 Eco tour. Education Outreach Working Group (EO WG) – 1" Tuesday at 7:00 pm - Co -Chairs Paul Thompson and Bob Gubrud – Members: Laura Eaton, John Howard, Alma Pronove, Todd Willmert. Prospective Members: Annie Berge ('07 Macalester grad with Environmental Science minor, apprenticed at an organic farm in Hawaii and managed professional development seminars); Scott Davidson - Works for HGA, Inc. in the health care industry. His background is in teaching and he is an architect. Tim Jordheim Karl Juhnke - Regis Corp as Sr. IT Developer/Analyst with computer science degree. Sierra Club member with an interest in Dark Sky issues. Eric Strobel - Appointed to Construction Bd of Appeals. He has been a lawyer in the construction industry for 20 years and has an interest in green building codes. Carlin Struckman - Student at Normandale Community College with a Poli Sci Major. He is interested in transit and park issues. He is in Student Senate. Home Energy Squad Task Force (HES) – Meets as needed - Chair Bill Sierks – Commissioners - Paul Thompson, Bob Gubrud Project & Policy Group – Meets as needed - Bill Sierks, Surya Iyer Purchasing – Meets as needed – Co -Chairs Germana Paterlini, Keith Kostuch Recycling & Solid Waste Working Group (RSW WG) – I" Thursday at 7:00 pm - Chair DP Latham, Commissioner Sara Zarrin - Members Michelle Horan, Tim Rudnicki, Melissa Seeley – City Staff Solvei Wilmot Turf Management Plan Task Force (TMP TF) – Meetings as needed over lunch hour - Chair Germana Paterlini (EEC) – Commissioners - Ellen Jones (Pk Bd), Mary Jo Kingston (Community Health), Vince Cockriel (Staff); Ex Officio DP Latham (EEC) and John Keprios (Dir. Pk & Rec. Dept) Urban Forest Task Force (UF TF) — Meets as needed over lunch hour - Chair DP Latham — Commissioners - Joseph Hulbert (Pk Bd), Michael Schroeder (Planning Commission) & City Forester Tom Horwath (Staff). EEC Website Task Force — Commissioners Dianne P. Latham, Germana Paterlini, Julie Risser, Bob Gubrud — Members John Howard. Solar & Wind Ordinance Task Force — Surya Iyer (EEC), Chair, Members — Bill Sierks (EEC) Michael Platteter (Planning), Ken Potts (Planning) with support from the EEC Energy Working Group. Energy Working Group of the Energy and Environment Commission, City of Edina, MN April 19, 2011 Attendees: Surya Iyer, Greg Nelson, Richard Oriani, John Howard, John Spanhake, Bill Glahn, Bob Gubrud, Bradley Hanson Location: City Hall — Community Room Topic 1: Solar PV RFP process update. Iyer informed the group that Manager Neal is working with City Staff to get the FP process moving, with McKinstry as the consultant to create the RFP. Spanhake requested that we are involved in the RFP process. Spanhake brought up solar costs. Glahn suggested we invite Stacey Miller, MN Dept of Commerce to an EEC meeting to get answers to some of these basic questions. Nelson brought up the situation of the Renewable Energy Credit. Hanson informed the group that this has not been approved by the legislature. Topic 2: Energy conservation: Iyer passed on Sierks request for members interested in energy efficiency. Greg Nelson, John Spanhake, John Howard, Bill Glahn, Bob Gubrud expressed interest. Topic 3: 10k Solar implementation of solar panels on multiple City building roofs: Glahn and Hanson have connections at this company and Sierks could discuss this topic further with them. Topic 4: Iyer informed the group that Sierks and Iyer will share Chair responsibilities and rotate chair person ship in every other meeting. Sierks will chair the May meeting. Topic 4: PACE (property -assessed clean energy): Bradley Hanson presented on this topic. Documentation is attached. Iyer suggested that the group review the attachment and requested Hanson to provide a powerpoint explaining this concept so the group could understand this better. Iyer suggested that we re -visit this topic at the May meeting. Gubrud moved to adjorn, Nelson seconded. Meeting adjourned. Energy Working Group of the Energy and Environment Commission, City of Edina, MN May 17, 2011 Attendees: Greg Nelson, Richard Oriani, Richard Griffith, Bradley Hanson, Bill Sierks Location: City Hall - Community Room Topic 1: Solar PV RFP process update. There was no new update on the solar PV since the April meeting. Topic 2: PACE (property -assessed clean energy): Most of the meeting was spent discussing this topic. Bradley Hanson presented more information on this topic. Documentation was attached to the April minutes. The basic concept is that the City would create a Clean Energy Financial District. A business owner interested in installing a renewable energy system, such as solar PV, would need to obtain consent of the property mortgage holder to having an assessment placed on the property by the City, with the mortgage becoming second to the assessment. A third - party financer would purchase and install the system. The City would, after creating this Energy District, review and approve each individual energy project, and set up an individual property assessment for the RE system installed on that property. The system could be assessed over a period of up to 20 years. The city would then assess the property owner at each property assessment, collect the annual payment, and pay that money to the third party financer. A motion was made for the Work Group to support asking the EEC to recommend that the City of Edina implement a commercial PACE program in the city. Richard Griffith moved to pass the motion, Bradley Hanson seconded. The motion passes unanimously. Richard Oriani moved to adjourn, Nelson seconded. Meeting adjourned. I I Minnesota Local Option - Energy Improvement Financing Programs Horne Glossary Links FAQs Contacts About Us MINNESOTA Incentives/Policies for Renewables & Efficiency solar policy Ir Information Resources Local Option - Energy Improvement Financing Programs Like Last DSIRE Review: 09/172010 RPS Data Program Overview: Page I oft Sumt'itary maps State: Minnesota Incentive Type: PACE Finanang Eligible Efficiency Technologies: Custom/Others pending approval, Electric Vehide Charging Equipment Summary 'Tables Eligible Renewable/OtherTechnoiogles: Solar Water Heat, Photovoltaics, Wind, Geothermal Electric, Geothermal Heat Pumps, Geothermal Direct -Use Library What's Applicable Sectors: Commercial, Industrial, Residential, Multi -Family Residential Terms: Loan maturity may not exceed the lesser of the weighted average of the useful life of New? Search improvements or 20 years; interest rates locally determined, but must be sufficient to cover program costs. Funding Source: Web Site: Implementing entities authorized to issue revenue bonds http:/Ayww.state.mn.us/portal/mnAso/content,do?subchannel=-53689... Authority 1: H. F. 2695. Sec. 3 & 4 customize DSIRE Date Enacted: 04/01/2010 Date for your Effective: 04/02/2010 organization Authorlty 2: S.F. 3729. Artide 7 sec. 11-19 Date Enacted: 0527/2010 Date Effective: 05/28/2010 Summary: Note: The Federal Housing Financing „ Agency (FHFA) issued a statement in {{�� July 2010 concerning the senior lien status associated with most PACE programs. In response to the FHFA statemenR most local PACE programs have been suspended until further clarification is provided. Property -Assessed Clean Energy (PACE) financing effectively allows property owners to borrow money to pay for energy improvements. The amount borrowed is typically repaid As a special assessment on the property over a period of years. Minnesota has authorized certain local governments to establish such programs, as described below. (Not all local jurisdictions in Minnesota offer PACE financing. Contact your local government to find out if it has established a PACE financing program.) to April 2010, Minnesota enacted legislation (H.F. 2695) allowing cities (home -rule, charter or statutory), counties and towns to offer PACE financing programs that provide loans to local residents for energy conservation improvements, including certain renewable energy systems. Subsequent legislation (S.F. 3729) allows a local government to designate another authority - referred to hereafter as the "implementing entity" - to implement such a program. This could include a housing and redevelopment authority, economic development authority, port authority, or another entity permitted by law to exercise the powers of an authority. The authorizing laws sets a series of rules governing these local programs, but some details are left to the local government that establishes a program. Qualifying properties are defined as residential, multi -family residential, commercial, or industrial properties which would benefit from energy conservation improvements based on the results of a formal energy audit or renewable energy feasibility study. Renewable energy is defined to include solar thermal, photovoltaic (PV), wind, and geothermal energy systems that generate electrical or thermal energy. Eligible solar thermal systems generally includes both water and space healing systems except for residential systems (1) that provide less than half of the energy used for that purpose in the home or (2) which are used to heat a hot tub or pool. All renewable energy systems must be used for on-site energy needs Energy generated by the system may not be sold, transmitted, or distributed at retail or be used to power an off-site facility. The law appears to limit on-site generating capacity to 10 MW (the limit defined in Minn Stat. 216B.1611 describing standardized interconnection procedures). Other qualified improvements include energy efficiency measures which are permanently affixed to the property and which result in a net reduction of energy consumption, and equipment which enables electric vehide charging. Under the state law. implementing entities must set loan maturities at the weighted average of the useful life of improvements made to the property, not to exceed 20 years. Interest rales are locally determined, but must be sufficient to cover program costs, including the issuance of bonds and any financing delinquencies. Loans amounts may not exceed 10% of the assessed value of the property and may include costs related to the required energy audit or feasibility study, equipment and labor costs, and performance verification. At least ten percent of the improvements financed by the program must be inspected and verified by the implementing entity. Loans must be secured with a lien against the property and must be coordinated with the Conservation Improvement Program (CI P) of the utility serving the property. Implementing entities may limit the number of properties for which a qualifying owner may receive financing. Implementing entities are permitted to issue revenue bonds to initially fund a program. Proceeds from loan repayments, in the form of http://www.dsireusa.org/incentives/incentive.cfm?Inc entive Code=MN 142F&re=1&ee=1 6/28/2011 2.5 Property Assessed Clean Energy Financing A new structure to finance renewable energy and energy efficiency investments is the property assessed clean energy (PACE) program model. A PACE program seeks to address both the up -front cost barrier to solar and the hesitancy of homeowners to make long-term investments in their homes, given that many people move every 5 to 7 years. In a PACE program, the city or county finances the up -front costs of the energy investment, either directly or as an intermediary for private investors. The property owner repays the loan over an extended period (10 to 20 years) through a special property tax assessment. PACE programs are modeled after traditional land -secured financing, so in order for this type of financing to work, local jurisdictions must have authorization to create a special assessment district or another mechanism that allows energy retrofits to be financed through property tax bills. Property Assessed Clean Energy (PACE) www.dsireusa.org / October 2010 Most states already authorize municipalities and counties to create special districts to finance "public goods" such as street beautification or sewer -system upgrades. In most states, the most straightforward method is to amend an existing special district authority to allow clean energy projects on private property. Some states have opted to create a new stand-alone law. Cities and counties in some states also have specific "charter" or "home rule" authority and can authorize NV: 2009 Vr: 2009 2010 NH: OR: 2.1. wt: NY: 2010 2009 2009 2009 OH: MO' 2009 2009 DC:2010 ca 2008 CO: 2009 VA: 2008 MO: 2009 2010 HI: Existing NC:2009 Authority' NM: 2009 U1: PACF mm.nong authored 2009 2009 GA: 3 states + DC 2010 authorize PACE .X: states have passed 2009 un and Hi wmiss it based on exiting law) FL: Most states already authorize municipalities and counties to create special districts to finance "public goods" such as street beautification or sewer -system upgrades. In most states, the most straightforward method is to amend an existing special district authority to allow clean energy projects on private property. Some states have opted to create a new stand-alone law. Cities and counties in some states also have specific "charter" or "home rule" authority and can authorize NV: 2009 PROPERTY ASSESSED CLEAN ENERGY FINANCING PACE programs via local ordinance. As of October 2010, 23 states plus the District of Columbia have enabling legislation that allows local governments to create clean energy financing districts. Hawaii also allows PACE based on existing law. With enabling legislation in place, a clean energy financing district is created by a local government. Individual property owners then decide whether to opt in to the district to enable financing of energy improvements on their properties. Property taxes remain the same for those who decide not to participate in the program—this is a key element in the marketing of the program. Only energy improvements that are affixed to the property are eligible under PACE programs. If a participant in the clean energy financing district sells the property, the special property tax assessment typically remains with the property, although in some cases the transfer can be a negotiation point at sale. Funding for a PACE program has taken a number of different forms in the handful of initiatives that have already been launched. Boulder County. Colorado, is using voter -approved bond financing; Berkeley, California, is working with a private investor; Palm Desert and Sonoma County, California, used general funds to start the program. It is likely that large-scale PACE programs will eventually be financed using private capital provided through the municipal bond markets. The American Recovery and Reinvestment Act of 2009 (the Recovery Act) removed the federal government's "anti -double-dipping" rule, which was introduced in the Energy Policy Act of 2005. This rule created uncertainty about whether a PACE program financed by tax-exempt bonds prevented the property owner from also taking the federal investment tax credit (ITC). Property owners now are allowed to claim both the 30% federal ITC and take advantage of "subsidized energy financing" that can be an element of a PACE program. In May 2010, financial regulators including the Federal Housing Finance Agency (FHFA), Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) expressed concerns about pilot PACE financing programs. On May 5, 2010, Fannie Mae and Freddie Mac sent a letter stating that their Uniform Securities Instruments prohibit loans that have a senior lien priority to a mortgage. In response to these concerns, U.S. Department of Energy (DOE) and White House officials have met repeatedly with Fannie Mae, Freddie Mac, and the financial regulators as well as PACE stakeholders across the country. In addition, DOE issued updated guidance for pilot PACE financing programs on May 7, 2010 (see Additional References and Resources). As of August 2010, efforts were under way to address this issue through legislative action with the introduction of bills before Congress in support of PACE. As a result of this regulatory uncertainty, most PACE programs in the country are on hold. That said, some local governments continue to offer PACE programs for residential projects (e.g., Sonoma County) and for commercial projects (e.g., Boulder County). Commercial PACE programs are not subject to the FHFA rulings. In addition, some communities are exploring second -lien structures as an alternative to priority -lien PACE programs. PROPERTY ASSESSED CLEAN ENERGY FINANCING BENEFITS The PACE financing model offers a number of benefits to solar energy system owners, including a long-term, fixed -cost financing option; an assessment tied to the property (instead of the system owner's credit rating); a repayment obligation that can transfer with the sale of the property; and the potential to deduct the loan interest from federal taxable income as part of the local property tax deduction. The benefits of this financial model for local governments include meeting climate and energy goals with little to no liability or exposure to a municipality's general fund. These programs do have administrative costs, but those costs can be included in a bond issuance and repaid by program participants. The program can be structured to fully leverage private investment, so a municipality or county can implement a PACE program with almost no budget impact Implementation Tips and Options Determine whether the local jurisdiction is authorized to create a special district within an existing state statute and whether an amendment to broaden the statute is necessary. As an alternative, a community might be able to bypass the special district process and pass an ordinance that enables citizens to add a line item to their property tax bill for energy efficiency and renewable energy loans, or tap other funds; for example, a solid waste fund to finance the program. Vote Solar's Web site provides sample documents of enabling legislation (see www.votesolar.org/PACE). Consider including an allowance for contracts for the production of clean energy at the property in enabling legislation so third -party financiers can qualify for PACE funding. Identify whether existing bonding authority is adequate to support a PACE program in the community. Other funding sources, including federal tax credit bonds like qualified energy conservation bonds (QECBs) and public-private partnerships might also be possible. Design a financing structure that yields enough revenue to cover the principal and interest payments to the investors/bondholders, the program administration costs, and a reserve fund to cover participant delinquencies. Be aware, though, that some homeowners will be able to finance their projects more cost effectively using other sources of credit, such as a home - equity loan. Assess the scope of work involved in the program and determine whether an internal or external organization is better suited to administer the program. Work with the program administrator to create a simple application process for property owners. Educate the solar industry about the program and engage industry in program marketing. Installers talk to potential program participants, so it's important to ensure that installers know all the program details. Include energy efficiency measures as eligible projects in addition to renewable energy projects, and prioritize property owners who have received energy audits or have otherwise made informed decisions about the most cost-effective improvements to their property. Understand the alternative financing arrangements—such as leasing or power purchase agreements (PPAs�—that are available to potential participants. Be sure to educate potential participants on all financing options. Examples Boulder County, Colorado: Establishing Boulder's ClimateSmart Loan Program In November 2008, voters in Boulder County authorized the county to issue up to $40 million in bonds to offer special financing options for renewable energy and energy efficiency improvements to local residential property owners. This program differs from the Berkeley model in several ways. The repayment period is shorter—loans to homeowners are repaid over 15 years as a special assessment on the homeowner's property tax bill. Boulder County is the first local government to issue federally tax-exempt as well as taxable bonds to finance a PACE program; other jurisdictions have used taxable bonds only. Boulder County also decided to aggregate applicants and then issue a large bond based on demand instead of issuing individual "mini -bonds" for each project as Berkeley did. Applicants must attend a workshop to learn about the program requirements and to receive information on energy audits and the benefits of investing in energy efficiency measures before renewable energy measures. A commercial program is under way and bonds are anticipated to be sold in late 2010. In March 2009, more than 1,700 people attended program workshops. Boulder County held its first application round for the ClimateSmart Loan Program in April 2009. In the first round of funding, 393 residential projects were financed at interest rates of 5.20% and 6.68%, respectively, for the income -eligible (tax-exempt) and open (taxable) bonds. In October 2009, an additional 219 residential projects were financed at 5.8% and 6.8%, respectively. PV is the most popular investment, with 229 installations financed via the ClimateSmart program with $3.6 million in grant funds as of September 2010. After a successful first year, Boulder launched its first round of commercial PACE funding in January 2010. For more information, visit www.bouldercounty.org/bocc/cslp. Visit vww.$olflromeHco(ominunitie$,energy.gov for more inspiring examples from communities across the United States. I J Additional References and Resources WEB SITES U.S. Department of Energy, Weatherization and Intergovernmental Program's Status Update Page on Pilot PACE Financing Programs www.eere.energy.gov/wip/pace.htmI The Vote Solar Initiative hftp:tyvotesolar.org/PACE Vote Solar works with state and local governments to pass enabling legislation and dear the way for PACE financing programs. This Web site features case studies, legal analyses, and model requests for proposals (RFPs) for program administrators. 44 PUBLICATIONS Photovoltaics (P110 as an Eligible Measure in Residential PACE Programs: Benefits and Challenges National Renewable Energy Laboratory, June 2010 This fact sheet can help policy makers to determine if residential PACE programs should include PV as an eligible measure. Fact sheet: w>A'w.nrel.gov/does/tylOostV47845.pdf Transferring PACE Assessments Upon Home Sale Lawrence Berkeley National Laboratory, National Renewable Energy Laboratory, Solar America Cities, April 2010 This policy brief analyzes one of the advantages of PACE, which is the option to transfer the special assessment from one homeowner to the next when the home is sold. This analysis focuses on the potential for the outstanding lien to affect the sales negotiation process, rather than the legal nature of the lien transfer itself. Policy brief: http://eetd.lbl.gov/ea/emp/r8ports/ee-policybrief_041210,pdf Recovery through Retrofit Middle Class Task Force, Council on Environmental Quality, Vice President of the United States; Executive Office of the President of the United States, October 2009 This report discusses the energy-saving and job -creation opportunities offered by a comprehensive and national energy efficiency retrofit program. PACE financing is cited as a primary mechanism to finance this initiative. Report: wvvw.whitehouse.gov/assets/documents/Recovery_Through_Retrofit_FinHI_Report.pdf Guide to Energy Efficiency 6 Renewable Energy Financing Districts for Local Governments Renewable and Appropriate Energy Laboratory (RAEL), University of California, Berkeley. September 2009 This comprehensive guide to PACE programs addresses topics such as financing, marketing, legal issues, and program administration. It also contains a number of helpful case studies, Report: httpv/'rael.berkeley.edu/sites/defauittfiles/old-site-files/ZOOg/FullerKunkelKammen- MunicipalEnergyFinancing2009. pdf Renewable and Appropriate Energy Laboratory Financing Seminar Presentations University of California, Berkeley, April 2009 The RAEL Financing Seminar held in Berkeley, California, featured experts on municipal financing of clean energy. Program managers from Berkeley, Palm Desert, and Sonoma County, California, and Boulder, Colorado, discussed their experiences with implementing clean energy financing programs, including PACE financing programs. Set of presentations: http://sites.google.com/site/raelfinandngserninar/Home/ppts 5/17/2011 How We Do It. I Clean Fund PACE - Property Assessed Clean Energy - is not some complicated new financial shell game. It is an implementation of a conventional structure used for over 100 years to enable the financing of projects with large upfront costs that serve the long-term public good - things like schools, sewers and under - grounding utility lines. If you pay property taxes, your bill almost certainly includes assessments used to pay off tax liens for these or other infrastructure improvements. PACE uses this same tax lien structure to allow clean energy improvements to be paid off via long-term property tax assessments. It is the tax lien structure that provides the critical element of strong collateral for a PACE loan. The very low risk of property tax default lowers the cost of PACE capital. This lower cost of capital in turn enables the ROI justification of clean energy projects with longer payback periods, PACE programs typically define the maximum loan term to be the shorter of either the working life of the improvement or 20 years. The PACE finance structure is thus extremely well suited to energy projects that have the objective of yielding long term benefits. PACE finance is a public -private -partnership. Government provides the legal framework, program structure and the property tax system to provide loan collateral and a collections mechanism. With this structure in place, dean energy projects make excellent economic sense for private sector financial partners. The result is a win-win all around, with governments seeing job creation, healthier businesses and greener energy use. Property owners get financially healthier properties - which means reduced risk for mortgage holders. Investors get secure green energy investments and vendors enjoy increased business. PACE programs start with state -level PACE enabling legislation. Pursuant to that legislation, a local government establishes a special "dean energy finance district' capable of issuing bonds and enacts a local PACE program. The program will specify what properties can participate and what projects qualify. Most commercial PACE programs will rely on property owners negotiating loan terms directly with PACE finance providers such as Clean Fund. Clean Fund CLEAWFUND HOME WHAT WE DO HOW PACE WORKS ABOUT US NEWS RESOURCES CONTACT Rod Dote putting PACE before Congress. www.cleanfund.com/how-PACE-works 1/2 5/17/2011 How We Do It. I Clean Fund provides the funds to the property owner via the local government (a few local governments with excellent borrowing capacity may choose to use their own funds). The PACE process for a typical project: 1. The property owner commissions an engineering firm to perform a detailed energy audit. 2. Using financing terms from Clean Fund, the engineering finn generates payback estimates for the individual energy measures identified by the audit. 3. The property owner then decides what package of measures makes the most sense in combination with financing terms from Clean Fund. 4. At this point the property owner, supported by analysis from Clean Fund and the project engineer, approaches the mortgage holder for project approval. That approval should readily be obtained for a project that demonstrates positive cash flow (annual energy savings outweigh annual project payment) and a clear contribution to property health and value. 5. Mortgage holder approval in hand, the property owner then submits the project to the local government PACE program. 6. Once the project has program approval, the local government places a tax lien for the project -funding amount on the property. 7. The local government raises that project amount in the form of a micro -bond with Clean Fund. 8. The local government provides the funds to the property owner. 9. Loan (technically, lien) repayment is accomplished through a special assessment line item that appears on the property's tax bills for the tens of the loan. When the local government collects the tax payment, it automatically routes the PACE loan repayment portion to Clean Fund. 02011 Clean Fund LLC. All rights reserved. www.deanfind.com/how-PACE-works 2/2 Edina Commercial and Industrial PACE Resolution: Whereas, Edina has been designated one of five Minnesota Green Step Communities and with the leadership of the Edina Energy and Environment Commission has developed a plan to meet the implementation standards. Whereas, Minnesota Statues 216C.435 and 216C.436 passed in 2010 enables public entities to finance energy improvements using special assessments on residential, commercial and industrial properties where owners have petitioned for special assessments to repay the financing. Whereas, Commercial and Industrial (C&I) PACE programs have continued in several locations nationally and new C&I PACE programs have been launched in several parts of the country, including Los Angeles County, where strictly private financing is being linked to voluntary special assessments. Be it Resolved, that Edina launch a similar program to allow owners of commercial,properties who have secured private financing for energy improvements of either efficiency or renewable generation to petition for payments as a special assessment to their property. City of Edina Water Quality Working Group Energy & Environment Commission Minutes of April 18, 2011 7:00-9:OOpm Edina City Hall — Community Room Present: Todd Doroff, Laura Eaton, Nina Holiday Lynch, Bob Skrentner and Susan Sheridan Tucker We welcomed Todd Doroff and Bob Skrentner to the group. Todd is currently a board member of H2O for Life an organization that educates and provides clean water to developing nations. Bob is an engineer and formerly affiliated with the City of Detroit. March 23`d Minutes approved by Committee 1. A brief report presented by Susan to update the group on EEC activities: • Susan was out of town for the April meeting and could not report much, but provided the working group a look at the McKinstry summary. Bob wondered if any thought had been given about utilizing grey water at the golf courses. This ensued into a conversation about irrigation systems at condos and commercial properties. Many days in -ground sprinklers are going off when it's raining. Need to investigate guidelines and whether we can encourage/enforce these properties to utilize better timers/programmers. We reviewed the Blue Star Assessment Program. There were issues outstanding from last month. At the point of the meeting, Jesse wasn't able to reply to the points raised at the March meeting. We went through to begin assigning projects and so that new members would be familiar with the issues. 2. Laura will pursue an ordinance to ban the residential/commercial use of coal tar. Restriction on Coal Tar -Based Sealants Coal tar -based sealant is widely used to recondition asphalt surfaces, but there are serious environmental concerns with its use. The 2009 Legislature enacted a bill pertaining to use of coal tar -based asphalt sealants. The bill restricts state agencies from purchasing undiluted coal tar -based sealant, and directs the Pollution Control Agency to study its environmental effects and develop management guidelines. The Legislation The 2009 legislation was contained in House File 1231. References to coal tar -based sealants are in Article 2, Sections 4, 26 and 28. The main requirements outlined in the legislation will be implemented over the next two years as indicated below. • Notify state and local government units By January 15, 2010 the MPCA must notify state agencies and local governments of the potential for contamination of stormwater ponds and wetlands by coal tar -based sealants. • Inventory stormwater ponds The MPCA must complete a plan to inventory stormwater ponds in the state by January 15, 2010. • State agencies restricted July 1, 2010 State agencies may not purchase undiluted coal tar -based sealant after this date. • Develop best management practices The MPCA must develop and make available best management practices that can avoid or mitigate environmental impacts of coal tar -based sealants. • Develop model ordinance on use of sealants for local units of government (LUGs) available on this web site on or before January 2, 2010. • Develop grant process MPCA will develop a process by July 2010 for awarding grants to LUGs for treatment of contaminated sediment. Ordinance must be in place to apply for a grant. Watch this page for the RFP date (est. Sept. 2010) and application due date (est. Oct. 2010.)The bill contains other requirements for the MPCA but these are the ones of primary import for state and local governments and stormwater managers. • Update: Grants to Help Manage PAH -Contaminated Stormwater Sediments Information about grant requirements and application materials is still under development and will be made available through this Web page on or before July 1, 2010. In the meantime, questions may be directed to Don Berger, 651-757-2223 or Donald. Berge@state.mn.us What Are The Concerns? Coal tar, a byproduct of coal processing, contains high levels of chemicals called polycyclic aromatic hyrdrocarbons (PAHs). Some PAHs are known human carcinogens. It is commonly used in asphalt sealers. Studies have shown when coal tar -based sealants are applied on parking lots and driveways, PAHs can be released into nearby surface waters, where they can accumulate to potentially harmful levels in sediments. This also is a concern for local governments responsible for managing stormwater ponds and disposing of sediments dredged from them. Alternatives to coal tar - based sealer formulations are available that have far lower levels of PAHs. This MPCA fact sheet provides more information on the environmental concerns related to coal tar -based sealant. MS4 Permittees — This includes EDINA By the next cycle of municipal stormwater permitting, beginning June 2011, permittees will be required to abide by all provisions of the legislation. The MPCA is conducting outreach to permittees to make sure they are aware of the requirements and assist them in meeting them. L Stormwater pond inventory: This inventory is required by Chapter 172, Sec. 28 of the 2009 Session Laws and will be incorporated into the 2011 revision and reissuance of the NPDES MS4 General Permit. The purpose of the inventory is to identify stormwater ponds, wetlands and other water bodies impacted by the collection, treatment and conveyance of stormwater. '.Model ordinance: The MPCA and League of Minnesota Cities developed a model ordinance for use by cities that may wish to restrict the use of coal tar -based sealants. 3. Bob will begin to work with Jesse on Stormwater Management Funding & Incentives Part C of the Blue Star Assessment exploring how Edina may adopt various tax/fee/incentives to reduce volume on all types of property. Does your community have any of the following stormwater management funding mechanisms? Ongoing Funding Mechanisms: • 0 Stormwater Utility User Fee • M Other applicable: • M Yes (3 pts) • IN No (0 pts) • IN I don't know / not specified (0 pts) Does your community have any of the following expanded infrastructure stormwater management funding mechanisms? (select any that apply, then check appropriate score box below)) • 0 Stormwater Connection Fee • 0 Stormwater Special Assessment • 0 Stormwater Tax District • M Other applicable: • 0 Yes (1 pt) • [a No (0 pts) • 17 I don't know / not specified (0 pts) For existing/developed sites, does your community allow for on-site reductions in stormwater fees for the retrofitting of stormwater management practices? • © Yes for commercial, industrial and residential (2 pts) • 17 Yes for only commercial and industrial (1 pt) • 0 No (0 pts) • © I don't know / not specified (0 pts) BONUS Has your community adopted a stable funding mechanism for land acquisition of high quality natural resource and/or riparian buffer areas within the last 10 years? • M Yes (1 pts) • M No (0 pts) • 0 I don't know / not specified (0 pts) Are your community's wellhead protection areas mapped — and are these maps referred to during development review? • 0 Yes — mapped and referred to during development review (2 pts) • 0 Yes — our wellhead protection areas are mapped (1 pt) • 0 No (0 pts) • 0 I don't know / not specified (0 pts) • 0 Not Applicable in my community (N/A) 4. Todd will begin to work with the Education Outreach committee along with Laura to begin to shape a structure of education campaigns for our working group. We are frustrated by the limitations of the City's website. We would really desire to have the ability to update more frequently than 2x year. Susan will raise this issue to the Commission during the May meeting. We will likely take a neighborhood approach. Susan will provide Todd contact info for Jennifer and Dick Crockett (Edina Foundation) to see what data is available about specific neighborhood captains or associations. Todd will also make contact with Claire Bleser and the new contact at Minnehaha Watershed. 5. Nina will begin looking at adopting the use of rain gardens, cisterns, swales, etc. into Edina's City code. As Edina is undergoing major neighborhood road reconstruction, some of these practices should be incorporated. 6. Susan will begin to explore Stormwater Management Standards & Practices as outlined in Blue Star. Part D: Impervious Cover Management Does your community allow proof -of -parking or shared driveways to minimize impervious surface? • 0 Yes (1 pt) • 0 No (0 pts) • 0 I don't know / not specified (0 pts) For retail/shopping areas larger than 10,000 sq ft of floor space, what is your minimum required parking ratio for (per 1000 ft2 of gross floor area)? • 0 Fewer than 3.5 parking spaces (3 pts) • 0 3.5 to 4.0 parking spaces (2 pts) • 0 4.1 to 4.5 parking spaces (1 pt) • 0 Greater than 4.5 parking spaces (0 pts) • 00 We have a maximum parking ratio of 4.0 or less (4 pts) What is your minimum required office building parking ratio (per 1000 ft2 of gross floor area)? • 0 Fewer than 3.0 parking spaces (3 pts) • 0 3.0 to 3.5 parking spaces (2 pts) • 0 3.6 to 4.0 parking spaces (1 pt) • 0 Greater than to 4.0 parking spaces (0 pts) • 0 We have a maximum parking ratio of 3.5 or less (4 pts) What is your minimum stall width for standard parking spaces? • 0 9 feet or less (2 pts) • 0 9.1 to 9.9 feet (1 pt) • 0 Greater than 9.9 feet (0 pts) For new residential lots, does your community require or encourage impervious surfaces like roofs and drive ways to drain to vegetated areas? • 0 Required (3 pts) • 0 Encouraged (1 pts) • 0 No (0 pts) • 01 don't know / not specified (0 pts) • 0 Not Applicable in my community (N/A) Does your community require or encourage, where feasible, parking area landscaping to be used for bio -retention of stormwater volume and/or water quality management? • 0 Required (3 pts) • 0 Encouraged (1 pts) • 0 No (0 pts) • M I don't know / not specified (0 pts) FOCUS OF WATER QUALITY WORKING GROUP GreenSteps City Program — BMPs - Water Quality Working Group Efficient Storm Water Management #17 Step 1— City of Edina completing the Blue Star assessment (this is a new addition as of 9.6.2010) Step 4 — creating fee plan to incentive less water usage. Step 5 — researching design & guideline standards for rain gardens, green roofs, and green parking lots. Step 6 — Adopt/modify Stormwater Erosion & Sediment Control Ordinance. Surface Water Quality #19 Step 3 — Assemble a reliable working group to monitor the water quality of Arrowhead and Indianhead Lakes. Step 4 — Adopt a shoreline ordinance consistent with Department of Natural Resources (DNR). FUTURE MEETING SCHEDULE All meetings will be in the Community Room at City Hall, unless otherwise notified. Monday May 16, Monday, June 20 Monday, July 18 Monday, August 15 City of Edina Water Quality Working Group Energy & Environment Commission Minutes of May 16, 2011 7:00-9:00pm Edina City Hall — Community Room Present: Todd Doroff, Laura Eaton, Nina Holiday -Lynch, Jon Moon, Bob Skrentner and Susan Sheridan Tucker April 18th Minutes approved by Committee A brief report presented by Susan to update the group on EEC activities: • Air Quality Group — looking to add No Engine Idling signs at Edina Schools • Green Corps Intern — will be available for one year and will engage in helping the EEC with various tasks. Water Quality will submit list of potential areas of assistance by June 1. • Long term project is to review City Ordinances as they compare to the Comp. Plan. Susan will take on that task. • Eco Yard Tour scheduled for July 31, 2011 from 1 -Spm will feature 5 homes in Edina who have incorporated some environmental best practices into their residential properties. Jon Moon's house will feature rain barrels. • Nina is available to work one of the shifts. • Susan will prepare a large poster depicting benefits of rain barrels. • Todd will work with Claire Bleser at Nine Mile Creek to obtain brochures and related materials that will provide tour attendees to learn how they might incorporate rain barrels, rain gardens (?) into their properties. Laura prepared a draft ordinance for banning the use of coal tar. It is clear MPCA is moving in the direction to for a complete State ban. It's one of the best management practices specifically listed in the Green Steps Program. Laura described the contents of the ordinance. Susan raised a motion for the work group to accept the ordinance and recommend to the EEC to accept and move forward to the City Council for approval. The working group unanimously approved the motion. Restriction on Coal Tar -Based Sealants Coal tar -based sealant is widely used to recondition asphalt surfaces, but there are serious environmental concerns with its use. The 2009 Legislature enacted a bill pertaining to use of coal tar -based asphalt sealants. The bill restricts state agencies from purchasing undiluted coal tar -based sealant, and directs the Pollution Control Agency to study its environmental effects and develop management guidelines. 3. Todd reported he was making some connections regarding expanding our outreach to the community. There are some severe restrictions with the ability to upload timely information up on the City website. The working group would like to see EEC add some pressure to the City to upgrade Commissions' ability to get more timely information out to the public. Working group will work on preparing some strategies for future educational outreach. Reaching neighborhood associations, etc. will likely have the most direct impact. FOCUS OF WATER QUALITY WORKING GROUP GreenSteps City Program — BMPs - Water Quality Working Group Efficient Storm Water Management #17 Step 1— City of Edina completing the Blue Star assessment (this is a new addition as of 9.6.2010) Step 4 — creating fee plan to incentive less water usage. Step 5 — researching design & guideline standards for rain gardens, green roofs, and green parking lots. Step 6 — Adopt/modify Stormwater Erosion & Sediment Control Ordinance. Surface Water Quality #19 Step 3 — Assemble a reliable working group to monitor the water quality of Arrowhead and Indianhead Lakes. Step 4 — Adopt a shoreline ordinance consistent with Department of Natural Resources (DNR). A CITY ORDINANCE REGULATING THE USE OF COAL TAR -BASED SEALER PRODUCTS INTRODUCTION AND INSTRUCTIONS: This ordinance contains a number of provisions a city may adopt. A city wishing to adopt this ordinance should review it with the city attorney to determine which provisions are suited to the city's circumstances. A city can modify this ordinance by eliminating provisions that concern activities it does not seek to regulate. The city attorney should review any modifications to ensure they conform to state law. This model ordinance is drafted in the form prescribed by Minn. Stat. § 412.191, subd. 4, for statutory cities. Home rule charters often contain provisions concerning how the city may enact ordinances. Home rule charter cities should consult their charter and city attorney to ensure that the city complies with all charter requirements. If your city has codified its ordinances, a copy of any ordinance regulating the use of coal tar -based sealers must be furnished to the county law library or its designated depository pursuant to Minn. Stat. § 415.021. This ordinance may affect current blacktop sealer practices within the city's jurisdiction. Therefore, prior to ordinance adoption, the city may want to provide commercial sealer companies, city residents, and other interested persons an opportunity to provide input. ORDINANCE NO. AN ORDINANCE REGULATING THE USE OF COAL TAR -BASED SEALER PRODUCTS WITHIN THE CITY OF EDINA, MINNESOTA SECTION 1. PURPOSE. The City of Edina understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this ordinance is to regulate the use of sealer products within the City of Edina, in order to protect, restore, and preserve the quality of its waters. SECTION 2. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning: ASPHALT -BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to refine coal. UNDILUTED COAL TAR -BASED SEALER. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. CITY. The City of Edina MPCA. The Minnesota Pollution Control Agency. PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. SECTION 3. PROHIBITIONS. A. No person shall apply any undiluted coal tar -based sealer to any driveway, parking lot, or other surface within the City of Edina B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar -based sealer to any driveway, parking lot, or other surface within the City. C. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar -based sealer to any driveway, parking lot, or other surface within the City. SECTION 4. EXEMPTION. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of undiluted coal tar -based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 3. SECTION 5. ASPHALT -BASED SEALCOAT PRODUCTS. The provisions of this ordinance shall only apply to use of undiluted coal tar -based sealer in the City and shall not affect the use of asphalt -based sealer products within the City. SECTION 6. PENALTY. Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case. SECTION 7. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 8. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. Passed by the Council this day of 120 Mayor Attested: Clerk Coal Tar Based Ordinance Amendment City Of Edina 1 1 EXECUTIVE SUMMARY Objective The objective of this ordinance amendment is to ban the use of coal tar -based sealants within the City of Edina in an effort to safeguard water bodies, natural resources that contribute significant value to the community. Rationale Coal tar -based sealants contain a type of organic chemical compound labeled Polycystic Aromatic Hydrocarbons (PAHs), seven of which have been identified as probable human carcinogens. Although commonly applied to driveways and parking lots, scientific studies have demonstrated negative health and environmental effects when PAHs are released into the environment and become part of stormwater runoff. Additional problems are then faced by local governments, charged with managing, dredging, and disposing of stormwater pond sediment. An alternative is readily available. Asphalt -based sealants contain 1/65th the amount of PAHs as do coal tar -based sealants. A widely recognized study focused on the differing levels of PAHs released into the environment from different sealants. The United States Geological Survey worked with the City of Austin, TX in evaluating the environmental and health impacts of driveways and parking lots treated three different ways: without sealants, those sealed with asphalt -based products, and those covered with coal tar -based sealants. As friction from tires causes particles to break free from driveways and parking lots, they are carried into the stormwater system. Particles from coal tar -based sealants accounted for half of PAH levels in the 40 urban lakes included in the study, the largest contributor to PAH concentrations. An increase in PAH levels over the last 50 years is attributable to the use of coal tar -based sealants. Additional USGS reports show negative effects of PAHS include dust from coal tar -based sealed driveways that entered homes and accounted for PAH levels that averaged 530 times higher than homes near driveways sealed with other products. Toxic effects on aquatic life, birds, and mammals were also documented. Practice The 2009 Minnesota Legislature enacted legislation, House File 1231, that restricts state agencies from buying undiluted coal tar -based sealant and instructs the Minnesota Pollution Control Agency (MPCA) to investigate the environmental effects of the sealant and propose management strategies. MS4 Permittees are required to meet legislated guidelines in the June 2011 process of municipal stormwater permitting. The MPCA will be awarding grants for treating contaminated sediment to communities that have an ordinance banning coal tar -based sealants in place. As of May 31, 2011, nine Minnesota communities have banned the use of coal tar -based sealants: • Buffalo • Centerville 1 1 EEC-WQWG — L Eaton Coal Tar Based Ordinance Amendment City Of Edina 12 • Circle Pines • Golden Valley • Maplewood • New Hope • Prior Lake • Vadnais Heights • White Bear Lake The City of Edina does not use coal tar products in its road construction or road maintenance programs. The City has found comparable products for its projects without using a substance that causes harmful environmental effects. Though coal tar products are not the sole source of PAHs, eliminating its use on residential and commercial properties throughout Edina, will reduce a known water pollutant source. The dust from coal tar products can run off during rain events, which eventually finds its particles and residue deposited into local ponds and streams and eventually making its way to the rivers. It can also be moved throughout a community via tire treads, wind, and foot traffic. As part of the most recent MS4 Permits requirements, all Cities are prohibited from using these products. It only makes sense to ban the use of the product throughout the City as a means of being in "complete" compliance in the true spirit of the permit. Alternate products are available throughout the retail and wholesale markets especially as more communities are moving to ban coal tar products. The Home Depot and Lowes have removed all coal -tar sealants from its inventory, acknowledging the increasing environmental concerns. Edina's passage of banning coal tar products would place Edina amongst leading Cities in Minnesota who have taken this progressive action. Common concerns related to passing the ordinance banning coal tar -based sealants include the possible negative impacts on businesses, the inability to enforce the ban, and industry information that challenges the actual level of contribution of PAHs by coal tar -based sealants. In addition to questioning the source of PAHs in sediment, coal tar -based industry information reports that a relative benefit is achieved through using coal tar -based sealants over asphalt -based sealants due to the former having an expected lifespan of 30 years, double the lifespan of asphalt -based sealers. The industry position is detailed in their website, http://www.pavementcounci1.ore/. Other bans enacted include a state-wide ban in Washington, Dane County, WI, Austin, TX, and Washington, D.C. Comparable Communities' Ordinances and Staff Reports http://www.ci.buffalo.mn.us/admin/citycode/1057.htm 2 1 EEC-WQWG — L Eaton Coal Tar Based Ordinance Amendment City Of Edina 1 3 References City of Austin, 2005, PAHs in Austin, Texas, sediments and coal -tar based pavement sealants: Watershed Protection Department, 55 p., accessed September 14, 2010, at http://www.ci.oustin.tx.us/watershed/downloads/coaltar draft Pah study.pdf. Scoggins, M., McClintock, N., Gosselink, L., and Bryer, P., 2007, Occurrence of polycyclic aromatic hydrocarbons below coal -tar -sealed parking lots and effects on stream benthic macroinvertebrate communities: Journal of the North American Benthological Society, v. 26, no. 4, p. 694-707. Van Metre, P.C., and Mahler, B.J., 2010, Contribution of PAHs from coal -tar pavement sealcoat and other sources to 40 U.S. lakes: Science of the Total Environment, v. 409, p. 334-344. Van Metre, P.C., Mahler, B.1., Scoggins, M., and Hamilton, P.A., 2006. Parking Lot Sealcoat: A Major Source of Polycyclic Aromatic Hydrocarbons (PAHs) in Urban and Suburban Environments. A USGS report prepared in cooperation with the City of Austin, Texas. Provides an overview of why PAHs are harmful to the environment and to the general public health. Article is attached, "Coal -Tar -Based Pavement Sealcoat, Polycyclic Aromatic Hydrocarbons (PAHs), and Environmental Health." Key points from the article: Dust from pavement with coal -tar -based sealcoat has greatly elevated PAH concentrations compared to dust from unsealed pavement. • Coal -tar -based sealcoat is the largest source of PAH contamination to 40 urban lakes studied, accounting for one-half of all PAH inputs. • Coal -tar -based sealcoat use is the primary cause of upward trends in PAHs, since the 1960s, in urban lake sediment. • Residences adjacent to parking lots with coal -tar -based sealcoat have PAH concentrations in house dust that are 25 times higher than those in house dust in residences adjacent to parking lots without coal -tar- based sealcoat. • PAHs move from a seal -coated surface into our environment by many mechanisms: storm runoff, adhesion to tires, wind, foot traffic, and volatilization. 3 1 EEC-WCIWG — L Eaton Coal -Tar -Based Pavement Sealcoat, Polycyclic Aromatic Hydrocarbons (PAHs), and Environmental Health Studies by the U.S. Geological Survey (USGS) have identified coal -tar -based sealcoat—the black, viscous liquid sprayed or painted on asphalt pavement such as parking lots—as a major source of polycyclic aromatic hydrocarbon (PAH) contamination in urban areas for large parts of the Nation. Several PAHs are suspected human carcinogens and are toxic to aquatic life. Sealcoat is the black, viscous liquid sprayed or painted on the asphalt pavement of many parking lots, driveways, and playgrounds. Key Findings • Dust from pavement with coal -tar -based sealcoat has greatly elevated PAH concentrations compared to dust from unsealed pavement. • Coal -tar -based sealcoat is the largest source of PAH contamination to 40 urban lakes studied, accounting for one-half of all PAH inputs. • Coal -tar -based sealcoat use is the primary cause of upward trends in PAHs, since the 1960s, in urban lake sediment. • Residences adjacent to parking lots with coal -tar -based sealcoat have PAH concentrations in house dust that are 25 times higher than those in house dust in residences adjacent to parking lots without coal -tar - based sealcoat. • PAHs move from a sealcoated surface into our environment by many mechanisms: storm runoff, adhesion to tires, wind, foot traffic, and volatilization. Volatilization Adhesion Original graphic courtesy of Aaron Hicks, City of Austin, Texas. Runoff U.S. Department of the Interior ® Fact Sheet 2011-010 U.S. Geological Survey Printed on recycled paper February 2011 What are Sealcoat, PAHs, and Coal Tar? Pavement sealcoat (also called sealant) is a black liquid that is sprayed or painted on some asphalt pavement. It is marketed as protecting and beautifying the underlying pavement, and is used commercially and by homeowners across the Nation. It is applied to parking lots associated with commercial businesses, apartment and condominium complexes, churches, schools, and business parks, to residential driveways, and even to some playgrounds. Most sealcoat products have a coal -tar -pitch or asphalt (oil) base. Coal -tar -based sealcoat is commonly used in the central, southern, and eastern United States, and asphalt -based Sealcoat is commonly used in the western United States. PAHs are a group of chemical compounds that form whenever anything with a carbon base is burned, from wood and gasoline to cigarettes and meat. PAHs also are in objects and materials, such as automobile tires and coal tar, the production of which involves the heating of carbon -based materials. PAHs are of environmental concern because several are toxic, carcinogenic, mutagenic, and/or teratogenic (causing birth defects) to aquatic life, and seven are probable human carcinogens (U.S. Environmental Protection Agency, 2009). Coal tar is a byproduct of the coking of coal for the steel industry and coal -tar pitch is the residue remaining after the distillation of coal tar. Coal -tar pitch is 50 percent or more PAHs by weight and is known to cause cancer in humans (International Agency for Research on Cancer, 1980). Coal - tar -based sealcoat products typically are 20 to 35 percent coal -tar pitch. Product analyses indicate that coal -tar -based sealcoat products contain about 1,000 times more PAHs than sealcoat products with an asphalt base (City of Austin, 2005). How does Sealcoat get from Driveways and Parking Lots into Streams and Lakes, Homes, and the Air? Friction from vehicle tires abrades pavement sealcoat into small particles. These particles are washed off pavement by rain and carried down storm drains and into streams. Other sealcoat particles adhere to vehicle tires and are transported to other surfaces, blown offsite by wind, or tracked indoors on the soles of shoes. Some of the PAHs in Sealcoat volatilize (evaporate), which is why sealed parking lots and driveways frequently give off a "mothball" smell. Sealcoat wear is visible in high traffic areas within a few months after application, and sealcoat manufacturers recommend reapplication every 2 to 4 years. Runoff from sealcoated pavement (black surface) enters storm drains that lead to local streams. Drain grate (inset) is marked "DUMP NO WASTE" and "DRAINS TO WATERWAYS." Gray asphalt pavement shows through where sealcoat has worn off the driveway of an apartment complex. The East-West Divide Regional Product Use Translates to Large Differences in PAH Concentrations Does product type really matter? PAH concentra- tions in the coal -tar -based sealcoat product are about 1,000 times higher than in the asphalt -based product (more than 50,000 milligrams per kilogram [mg/kg] in coal -tar -based products and 50 mg/kg in asphalt - based products [City of Austin, 2005]). Anecdotal reports, such as Web sites, blogs, and comments by industry representatives, indicate that the coal - tar -based product is used predominantly east of the Continental Divide and the asphalt -based product is used predominantly west of the Continental Divide. During 2007-08, the USGS swept dust from seal - coated and unsealcoated parking lots in nine cities across the United States and analyzed the dust for PAHs. For six cities in the central and eastern United States, the median PAH concentration in dust from sealcoated parking lots was 2,200 mg/kg, about 1,000 times higher than in dust from sealcoated parking lots in the western United States, where the median concentration was 2.1 mg/kg. Although both product types are available nationally, these results confirm the regional difference in use patterns (Van Metre and others, 2009). Seattle O 1'.- rte: Portland r�• fv)inneapolis, �X5703;400 1,300 jChicago 0, 4 Detroit I*New Haven 2.10 ; , altlake'Crty ; o 3,00 43,200 ' Was�'gton, D.C. Z � y Austin 2 000. Concentrations of PAHs in dust swept from sealed parking lots in central and eastern U.S. cities, where coal-tar-based-sealcoat use dominates, were about 1,000 times higher than in western U.S. cities, where asphalt-based-sealcoat use dominates. Concentrations shown on the map are the sum of 12 PAHs, in milligrams per kilogram (Van Metre and others, 2009). "Fingerprinting" Shows that Coal -Tar Sealant is the Largest Source of PAHs to Urban Lakes 100 80 60 40 20 0 4 Coal -tar -based sealcoat Vehicle -related sources - 0 Wood combustion * Fuel oil combustion 0 Coal combustion 1930 1950 1970 1990 2010 DATE SEDIMENT DEPOSITED Coal -tar -based sealcoat (orange symbol) is the largest contributor to increasing concentrations of PAHs in Lake Killarney, Orlando, Florida, as determined by chemical fingerprinting. Similar patterns were seen in lakes across the central and eastern United States (Van Metre and Mahler, 2010). PAHs are increasing in urban lakes across the United States. To better understand why this might be happening, USGS scientists collected sedi- ment cores from 40 lakes in cities from Anchorage, Alaska, to Orlando, Florida, analyzed the cores for PAHs, and determined the contribution of PAHs from many different sources by using a chemical mass - balance model. The model is based on differences in the chemical "fingerprint" of PAHs from each source. Coal -tar -based sealcoat accounted for one-half of all PAHs in the lakes, on average, while vehicle -related sources accounted for about one-fourth. Lakes with a large contribution of PAHs from sealcoat tended to have high PAH concentrations; in many cases, at levels that can be harmful to aquatic life. Analysis of historical trends in PAH sources to 8 of the 40 lakes indicates that sealcoat use is the primary cause of increases in PAH concentrations since the 1960s. Identifying where PAHs are coming from is essential for developing environmental management strategies (Van Metre and Mahler, 2010). From Outside to Inside Coal -Tar Pavement Sealant Linked to PAHs in House Dust House dust is an important source for human exposure to many contaminants, including PAHs. This is particularly true for small children, who spend time on the floor and put their hands and objects into their mouths. In 2008, the USGS measured PAHs in house dust from 23 ground -floor apartments and in dust from the apartment parking lots. Apartments with parking lots with coal -tar -based sealcoat had PAH concentrations in house dust that were 25 times higher, on average, than concentrations in house dust from apartments with parking lots with other surface types (concrete, unsealed asphalt, and asphalt -based sealcoat). PAH concentrations in the dust from the parking lots with coal -tar -based sealcoat were 530 times higher, on average, than concentrations on the parking lots with other surface types. Photograph obtained from Jupiter Images. What about other sources of PAHs? Although tobacco smoking, candle and incense burning, and barbecue and fireplace use have been suggested to affect PAH concentrations in house dust, this study found no relation between any of these, or the many other factors considered, and PAH concentrations in the house dust. The presence or absence of coal -tar - based sealcoat on the apartment complex parking lot was strongly correlated with PAH concentrations in house dust; the only other variable that was related to PAH concentrations in house dust was urban land -use intensity (the percentage of land near the apartment dedicated to multifamily residential, commercial, office, warehouse, or streets) (Mahler and others, 2010). J'"5.1 mg/kg ❑ ❑ El El❑r n❑ Apartments with coal -tar -based sealcoat on the parking lot had much higher concentrations of PAHs, both in indoor dust and in parking lot dust, than apartments with an unsealed asphalt or concrete parking lot or with a parking lot with asphalt -based sealcoat. Concentrations shown are for the sum of the 16 U.S. Environmental Protection Agency priority pollutant PAHs (Mahler and others, 2010), in milligrams per kilogram (mg/kg). There are no U.S. health -based guidelines for chronic exposure to PAHs in house dust. The only existing guideline is for a single PAH—benzo[a]- pyrene—issued by the German Federal Environment Agency Indoor Air Hygiene Commission (Hansen and Volland, 1998). The guideline advises minimiz- ing exposure to concentrations of benzo[a]pyrene greater than 10 mg/kg in dust to avoid adverse health effects. That guideline was exceeded for 4 of the 11 apartments with coal-tar-sealcoated parking lots and for 1 of the 12 apartments with a parking lot with a different surface type. Also of concern is expo- sure to the sealcoated pavement surfaces themselves through play activities. Dust on some of the seal - coated parking lots had a concentration of benzo[a]- pyrene that was more than 50 times higher than the German guideline. Photograph courtesy of CLEARCorps, Durham, North Carolina. Our Environment and Us What are the Concerns? Some PAHs are toxic to mammals (including humans), birds, fish, amphibians (such as frogs and salamanders), and plants. The aquatic inverte- brates—insects and other small creatures that live in streams and lakes—are particularly susceptible to PAH contamination, especially those that live in the mud where PAHs tend to accumulate. These inver- tebrates are an important part of the food chain and are often monitored as indicators of stream quality (analogous to the "canary in the coal mine" con- cept). Possible adverse effects of PAHs on aquatic invertebrates include inhibited reproduction, delayed emergence, sediment avoidance, and mortality. Pos- sible adverse effects on fish include fin erosion, liver abnormalities, cataracts, and immune system impair- ments. The Probable Effect Concentration (PEC) of 22.8 mg/kg of total PAHs (MacDonald and others, 2000)—a widely used sediment quality guideline that is the concentration in bed sediment expected to have harmful effects on bottom -dwelling biota—is exceeded in one-third of the central and eastern U.S. urban lakes where PAH sources were studied. When turned over, red spotted newts that had been exposed to sediment contaminated with coal -tar -based sealcoat had difficulty righting themselves (Bommarito and others, 2010b). Poor reflexes could result in decreased survival. Photograph by Megan Gibbons, Birmingham - Southern College. Scientific studies have shown a relation between coal -tar -based pavement sealcoat and harmful effects on aquatic life. • Aquatic communities downstream from storm - water runoff from sealcoated parking lots were impaired (Scoggins and others, 2007). • Salamanders and newts exposed to sediment contaminated with coal -tar -based sealcoat had stunted growth, difficulty swimming or righting themselves, and liver problems (Bommarito and others, 2010a, b). • Frogs exposed to sediment contaminated with coal -tar -based sealcoat died, had stunted growth, or developed more slowly than usual (Bryer and others, 2006). Tumors in brown bullhead catfish from the Anacostia River, Washington, D.C., are believed to be related to elevated PAH concentrations (Pinkney and others, 2009). Photograph by A.E. Pinkney. Human health risk from environmental con- taminants usually is evaluated in terms of exposure pathways. For example, people could potentially be exposed to PAHs in sealcoat through ingestion of abraded particles from driveways, parking lots, or play grounds, or through skin contact with the abraded particles, either directly or by touching toys or other objects that have been in contact with the pavement. Inhalation of wind-blown particles and of fumes that volatilize from sealed parking lots are other possible pathways. PAHs in streams and lakes rarely pose a human health risk from contact recre- ation or drinking water because of their tendency to attach to sediment rather than to dissolve in water. Skin contact is one way humans can be exposed to PAHs. Parking lots and driveways with coal -tar -based sealcoat have concentrations of PAHs hundreds to thousands of times higher than those with asphalt -based sealcoat or no sealcoat. Photograph obtained from Corbis Images, Inc. FAQ Q) What is coal tar? A) Coal tar is a thick, black or brown liquid that is a byproduct of the carbonization of coal for the steel industry or the gasification of coal to make coal gas. Q) What is the difference between crude coal tar, coal -tar pitch, and "refined" coal tar? A) Coal -tar pitch is the residue that remains after various light oils are distilled from crude coal tar for commercial use. The coal -tar pitch is then separated (refined) into 12 different viscosities, RT -1 (the most fluid) through RT -12 (the most viscous). RT -12 is the viscosity used in coal -tar -based pavement sealcoat. Q) How can I tell if a product contains coal tar? A) To determine if the product has a coal -tar base, look for the Chemical Abstracts Service (CAS) number 65996-93-2 on the product Material Safety Data Sheet (MSDS). The words "coal tar," "refined coal tar," "refined tar," "refined coal -tar pitch," or other similar terms may be listed on the MSDS or on the product container. Q) Is sealcoat used on roads? A) Use on roads is extremely rare. Occasionally a private property, such as a housing development, will choose to have the roads sealcoated. Q) Is use of coal -tar -based sealant regulated? A) Several jurisdictions, including the City of Austin, Texas, the City of Washington, D.C., Dane County, Wisconsin, and several suburbs of Minneapolis, Minnesota, have banned use of coal -tar -based sealcoat. Similar bans are under consideration in other jurisdictions. For more information on USGS research on PAHs and coal -tar -based sealcoat go to http://tx.usgs.gov/coring/ allthingssealcoat. himl. Publishing support provided by Lafayette Publishing Service Center References Bommarito, T., Sparling, D.W., and Halbrook, R.S., 2010a, Toxicity of coal -tar pavement sealants and ultraviolet radia- tion to Ambystoma Maculatum: Ecotoxicology, v. 19, no. 6, p. 1,147-1,156. Bommarito, T., Sparling, D.W., and Halbrook, R.S., 2010b, Toxicity of coal -tar and asphalt sealants to eastern newts, Notophthalmus viridescens: Chemosphere, v. 81, no. 2, p. 187-193. Bryer, P.J., Elliott, J.N., and Willingham, E.J., 2006, The effects of coal tar based pavement sealer on amphibian development and metamorphosis: Ecotoxicology, v. 15, no. 3, p. 241-247. City of Austin, 2005, PAHs in Austin, Texas, sediments and coal -tar based pavement sealants: Watershed Protection Department, 55 p., accessed September 14, 2010, at http: //www. ei. austin. ix. us/watershed/downloads/coaltar_ draft pah_study pdf. Hansen, D., and Volland, G., 1998, Study about the contamina- tion of PAH in rooms with tar parquetry adhesive: Otto -Graf - Journal, v. 9, p. 48-60. International Agency for Research on Cancer, 1980, Coal tars and coal tar pitches: accessed September 14, 2010, at http:// ntp.niehs.nih.govlntplrocleleventh/profilesls048coal pdf. MacDonald, D.D., Ingersoll, C.G., and Berger, T.A., 2000, Development and evaluation of consensus -based sediment quality guidelines for freshwater ecosystems: Archives of Environmental Contamination and Toxicology, v. 39, p. 20-31. Mahler, B.J., Van Metre, P.C., Wilson, J.T., Musgrove, M., Burbank, T.L., Ennis, T.E., and Bashara, T.J., 2010, Coal -tar - based parking lot sealcoat-An unrecognized source of PAH to settled house dust: Environmental Science and Technology, v. 44, p. 894-900. Pinkney, A.E., Harshbarger, J.C., and Rutter, M.A., 2009, Tumors in brown bullheads in the Chesapeake Bay water- shed -Analysis of survey data from 1992 through 2006: Journal of Aquatic Animal Health, v. 21, p. 71-81. Scoggins, M., McClintock, N., Gosselink, L., and Bryer, P., 2007, Occurrence of polycyclic aromatic hydrocarbons below coal -tar -sealed parking lots and effects on stream benthic macroinvertebrate communities: Journal of the North Ameri- can Benthological Society, v. 26, no. 4, p. 694-707. U.S. Environmental Protection Agency, 2009, Integrated Risk Information System (IRIS): accessed September 14, 2010, at http: //Cfpub. epa.govincea/iris/index. cfm. Van Metre, P.C., and Mahler, B.J., 2010, Contribution of PAHs from coal -tar pavement sealcoat and other sources to 40 U.S. lakes: Science of the Total Environment, v. 409, p. 334-344. Van Metre, P.C., Mahler, B.J., and Wilson, J.T., 2009, PAHs underfoot -Contaminated dust from coal -tar sealcoated pavement is widespread in the United States: Environmental Science and Technology, v. 43, no. 1, p. 20-25. Any use of trade, product, or firm names is for descriptive purposes only and does not imply endorsement by the U.S. Government. B.J. Mahler and P.C. Van Metre New doubts cast on safety of common driveway sealant Extremely high levels of toxic chemical in coal tar found in booming suburb (Stacey Wescott, Chicago Tribune) January 18, 2011 113y Michael Hawthorne, Tribune reporter If a company dumped the black goop behind a factory, it would violate all sorts of environmental laws and face an expensive hazardous -waste cleanup. But playgrounds, parking lots and driveways in many communities are coated every spring and summer with coal tar, a toxic byproduct of steelmaking that contains high levels of chemicals linked to cancer and other health problems. Nearly two decades after industry pressured the U.S. Environmental Protection Agency to exempt coal tar -based pavement sealants from anti -pollution laws, a growing number of government and academic studies are questioning the safety of the widely used products. Research shows that the tar steadily wears off and crumbles into contaminated dust that is tracked into houses and washed into lakes. In Lake in the Hills, a fast-growing McHenry County suburb about 50 miles northwest of Chicago, researchers from the U.S. Geological Survey found that driveway dust was contaminated with extremely high levels of benzo(a)pyrene, one of the most toxic chemicals in coal tar. The amount was 5,300 times higher than the level that triggers an EPA Superfund cleanup at polluted industrial sites. High levels also were detected in dust collected from parking lots and driveways in Austin, Texas; Detroit; Minneapolis; New Haven, Conn., and suburban Washington, D.C. By contrast, dramatically lower levels were found in Portland, Ore.; Salt Lake City and Seattle, Western cities where pavement sealants tend to be made with asphalt instead of coal tar. The findings raise new concerns about potential health threats to people and aquatic life that went undetected for years. "This is a real eye-opener, even for scientists who work frequently with these chemicals," said Barbara Mahler, a USGS researcher involved in the studies. "Such high concentrations usually are found at Superfund sites, but this could be your church parking lot or your school playground or even your own driveway." About 85 million gallons of coal tar -based sealants are sold in the United States each year, according to industry estimates. There are no comprehensive figures on where it is applied, but in Lake in the Hills, researchers determined that 89 percent of the driveways are covered in coal tar. Manufacturers promote the sealants as a way to extend the life of asphalt and brighten it every few years with a fresh black sheen. Contractors spread a mixture of coal tar, water and clay using squeegee machines and spray wands, or homeowners can do it themselves with 5 -gallon buckets bought at hardware stores. The makers of coal tar sealants acknowledge that the products contain high levels of benzo(a)pyrene and other toxic chemicals known collectively as polycyclic aromatic hydrocarbons, or PAHs. But they deny their products are responsible for the chemical contamination found in government studies, saying it could be coming from vehicle exhaust or factory emissions that travel long distances and eventually settle back to earth. As more research identifies coal tar sealants as a top source of PAH -contaminated driveway dust and lake sediment, manufacturers have started to fund their own research to question the findings. Lobbyists also are offering contractors free admission to an upcoming seminar that promises to show them ways to "protect the industry," including a promotional DVD they can use to "help market sealcoating to your customers." "Nobody in our industry wants to hurt anybody," said Anne LeHuray, executive director of the Pavement Coatings Technology Council, an industry trade group. "The science is still evolving. If our products are a source, they are a very localized source." The supply chain for the sealants begins at about two dozen factories, most of them around the Great Lakes or in western Pennsylvania, that bake coal into high-energy coke used in steel production. Companies figured out a century ago that much of the waste could be refined and sold to make other products, and they started adding it to pavement sealants after World War II. One of the biggest suppliers is Koppers, a Pittsburgh -based company that processes coal tar at a plant in west suburban Stickney. The plant made about a third of the nation's refined coal tar in 2007, most of it used in aluminum production, according to an industry slide presentation. A company spokesman declined to comment. Coal tar remains in widespread use even though its dangers have been known for centuries. During the late 1700s, many chimney sweeps exposed to tar in coal -heated London developed scrotal cancer, and decades later doctors determined that workers who coated railroad ties with tar -based creosote had hi hg rates of skin cancer. Driveway Sealants - Which products are best for your asphalt driveway? by Roy Barnhart for the Handyman Club of America Sealcoating an asphalt driveway every three years not only will make it look better, it actually will make it last longer. Sealing shields paving from the sun's ultraviolet rays, which can deteriorate the binder and expose the aggregate. Sealcoating also prevents water and ice from getting into the paving and causing it to crumble. The sealcoating materials and crack -filling products available to do-it-yourselfers are not as good as those available to the trade. However, few tradespeople use the best products available, so you can often still do the job better yourself if you use the right materials — and you'll save up to 65 percent of the cost of professional maintenance. For most of you, choices will be limited to what's available at your local home center or hardware store. Many larger cities have a distributor of asphalt coating products used by conn%2tractors. You may be able to purchase these professional -grade sealers and fillers, but remember that contractors buy in bulk. Most pro -grade sealers come in 55 -gallon drums, not the 5 -gallon buckets you'll find at the home center. If you want to get the top-of-the-line sealer, check with your neighbors about buying enough to seal several driveways at the same time. Coal tar vs. asphalt Most consumer -grade driveway sealers are water-based emulsions containing water, clay fillers, latex, polymers, additives and either coal tar (a byproduct of baking coal to make coke) or asphalt (a byproduct of petroleum refining). Some so-called "asphalt" emulsions also contain some coal tar. Although significant improvements have been made in asphalt -based sealers in recent years — the use of polymers and other additives that increase durability and resistance to oil and gas, for example — coal tar products still are most popular. According to the sealer manufacturers, coal tar sealers are more durable and much more resistant to oil or gasoline peneYZVAration than asphalt -based sealers because gasoline and oil are both soltZ%vents for asphalt but not for coal tar. Asphalt -based sealcoating products are better for air quality because they do not emit high levels of volatile organic compounds (VOCs) like the coal tar -based products do. They also smell better and are less of a skin irritant. Judging quality Both coal tar and asphalt -based products are available in plain or filled -sealer formulas. Filled sealers contain sand or other solids that fill small cracks and holes. According to Rick Noon, technical director at SealMaster, the more solids (asphalt, coal tar, polymers, etc.) in the formula, the better the sealer quality and the more expensive it will be. You'll get what you pay for, and you get more solids in better or best -grade sealers. Comparing the various additives and solids used by different manufacturers is difficult because the formulas are considered proprietary information. The general rule is that the top-quality sealers will have the greatest amount of solids left on the asphalt after the liquids evaporate and cure. The best way to determine quality is by the length of the warranty. The best -grade sealers typically have a five to six-year warranty. The better -grade sealers are generally warranted for three to four years. Plain sealers will carry a warranty of one to three years. Each manufacturer has its specific prorated warranty, which is usually clearly displayed on the label. A fourth category of sealer has been developed within the last five years or so. It's best described as airport, racetrack or pavement -grade. This grade of sealer has more durable acrylic polymers and lasts longer than other formulas. Some come with a 10 -year warranty. Cost and coverage Asphalt sealers are more expensive than coal tar sealers, primarily due to safer environmental factors (lower VOCs) and the technology (polymers, etc.) that must be added to an asphalt -based sealer to improve its otherwise poor performance. Low-end sealers range from $5 to $8 for a 5 -gallon pail that covers about 400 sq.ft. These are usually just a thin coal tar or asphalt -based, paint -like coating. Don't expect them to last more than one season. Unsanded or "plain" sealers (the better grade) with heavier solid content range from $8 to $11; the best -grade filled sealers cost about $12 to $15. Heavy-duty or racetrack -grade sealers sell for around $20 for a 5 -gallon bucket.Coverage varies between grades. A 5 -gallon bucket of low-end sealer covers around 400 sq.ft. The better and top - grade sealers typically cover 250 to 350 sq.ft., depending on the condition of the driveway. Sealer manufacturers recommend applying sealer with a wide rubber squeegee for the most uniform coverage. Pictured at left is a combination long -handle broom/squeegee sold at most hardware stores. Crack filler/sealers It's important to fill cracks and seal expansion joints between asphalt and other surfaces, such as concrete aprons or curbs, to keep water out and prevent erosion of the paving base. Filled sealcoating materials will handle cracks up to 1/8 in. wide. Hot -applied sealers are best for filling cracks from 1/8 to 1/2 in. wide. Pli-Stix driveway crack and joint filler, made by Dalton Industries, is the only DIY hot -applied product. You press the coiled material into place and heat it with a propane torch (preferably with a flame -spreading tip) or a heat gun until it melts into the crack. Pli-Stix comes in a 1/2 -in. -diameter, 30 -ft. roll. It can be stretched to fit 1/4 -in. -wide cracks or doubled up to fill 1 -in. cracks. It also has a lifetime warranty. Most consumer -grade crack sealers are cold -applied asphalt emulsions with varying concentrations of latex and polymers. They are available in pourable jugs for cracks up to 1/8 in. wide, caulking gun cartridges for 1/2 -in. -wide cracks, or as trowelable material for wider ones. If a manufacturer rates its crack fillers using a good -better -best scale, get the best quality product if you want it to hold up as long as the sealcoating itself. +�M�e�o�ir �Ir 1�4 41r 1� owwwP a�M[a�t111E�'� �ror1[s bNt N JIpAr � Ao' 1/� i� MM_ [lis >peaR R OQPW1 it #vow ww MMv bdr /w41r Sealing frequency 00awt /Mwsw & an nnb hem pad - — I ~ meft a is iaw�iwNra P�s.wr �+41�s �Mrr 1nb p� ilk 11114 p1�q Awt IR IINA � P+I� Sealer manufacturers and asphalt contractors agree that most asphalt driveways only need to be sealed about every three years. The exception would be in extremely harsh regions, such as the South or desert areas, or when the asphalt turns gray. Graying indicates that the surface is oxidizing and loosing the binder that holds the aggregate in the asphalt. According to sealer manufacturers and engineers at the Asphalt Institute, most driveways do not need filled sealer until they have begun to develop fine cracks. This generally happens after several years. Let new asphalt cure for about a year before sealing, and then use just a plain sealer. If you do like to seal every year to keep your driveway looking new, use budget -priced, unsanded or nonfilled sealers. The drawback to sealing every year is that the sealer can build up and will eventually peel, which also leads to it being tracked indoors. Sealer can permanently stain vinyl flooring even if you remove it promptly. While some brands boast special ingredients to prevent tracking, proper application and curing are key to avoiding problems. Finally, it's best to repair cracks and holes in the fall and let them cure over the winter. Then, come spring, hose off the driveway thoroughly and apply single coat of sealer. One thin coat of sealer, regardless of the grade, will give you the best results. Multiple coats do not protect any better and actually will cause problems by cracking and peeling. Patching and leveling Cut out potholes and badly damaged areas to the base material and rte- patch them with packaged asphalt mix or, at a somewhat higher cost, special pothole patching material. The specialty material typically is more flexible and easier to use. The patches even work in wet conditions and can be driven on immediately after installation. The best repair for really "alligatored" paving is removal and patching. But Gator-Patch by Maintenance Inc. and Gator Pave by SealMaster can stabilize and level badly cracked asphalt without removing it. You apply them like a filled sealer using a pole - mounted squeegee. Wheel depressions from parked vehicles are nuisances because they collect water. To fill them, use a series of 1/4-in.thick coats of patching material that's intended for repairing alligatored pavement, or choose a preblended patching material recommended for thin-section repairs. You'll mix the latter with water and spread it from a feathered edge to up to 1 in. thick in 1/4 -in. layers. New law bans coal tar sealers in Suffolk County, New York By Jennifer Gustayson I June 11, 2011 in News (Riverhead News -Review) 0 SHARE © t E ... The Suffolk County Legislature on Tuesday approved a ban on the sale of coal tar sealers used on driveways and parking lots within the county. Presiding Officer William Lindsay, who sponsored the bill, said the sealer is polluting surface waters and is harmful to humans because it contains polycyclic aromatic hydrocarbon, a known carcinogen. The new law also bans the use of the sealers. "There is a reason why Home Depot and Lowe's have banned the sale of this substance nationwide and that is because they know the potential liability they face in selling such a toxic substance," Mr. Lindsay said in a statement, adding that Texas and Minnesota have also banned the sale and use coal tar sealers. Prior to the vote at the Legislature's meeting in Hauppauge Tuesday, Mr. Lindsay agreed to revise the bill to exempt a chemical called "creosote," which is a derivative of coal tar used to waterproof docks. The bill passed 11-6-0-1, with Legislators Ed Romaine, Tom Muratore, Tom Cilmi, John Kennedy and Lynne Nowick opposing. Legislator Vivian Viloria-Fisher was not present for the vote. Mr. Romaine, who represents eastern Long Island, said he isn't convinced that an asphalt sealer, which is the proposed alternative, is safer than a coal tar sealer. "The alternative was an inferior product that would require more sealant to be used over the years that probably would be more damaging to the environment," Mr. Romaine said. "I'm pro - environment, but before I damage and wipe out an industry I want to make sure there's compelling evidence, which I feel wasn't made." During the public portion of the meeting, Anne LeHuray, executive director of Virginia-based Pavement Coatings Technology Council, also said she opposed the bill because she believes coal tar sealers have been "safely used for decades." "A ban wouldn't address any problems that are known — it would only address problems that people can imagine," Ms. LeHuray said. "A ban would only harm dozens of small businesses resulting in hundreds of lost jobs." The new law will go into effect on Jan. 1, 2012. A $500 fine will be issued for an initial offense and a $700 will be issued for any subsequent violation, according to county documents. AQWG Meeting Notes 042811 Present: Julie Risser, Julie Mellum, Laura Eaton Absent: Karwehn Kata Guests: Barbara Johnson, Burnsville. Cathy Reeves and Steve Utne, Edina. Julie Risser called the meeting to order at 7pm — A motion to allow 10 minutes of open discussion was unanimously approved to address recreational fire burning. Review/Approval of March Minutes Old Business The Letter to the Editor of the Edina Sun was polished to highlight the important messages and comply with the 250 word limit. Drive Through Ordinance Amendment Air Quality Educational Efforts: community message board Possible speaker 4th of July flyer New Business Edina Garden Tour AQWG Priorities for the coming year: Green Steps program and wood burning, engine idling (signage) pesticides AQWG Meeting Notes May 26, 2011 Members present: Julie Rissser, Julie Mellum, Karwehn Kata, Laura Eaton 4th of July Parade Update There will be no fliers distributed at the parade this year. Door hangers are a better option for AQWG to deliver a message, offering more informational space and a higher probability of being read. The working group discussed possible content for the flier: Task Force on Air Quality Potential members as well as the objectives for the task force were discussed. The purpose of the task force needs to be open and objective. The goal is to study the current situation and possibly: • change the existing ordinance • establish more enforcement for the current nuisance ordinance • present the hazards of smoke to our community, including how this severe pollutant affects people's health, wildlife, property values. (isocyanic acid) • educate residents in the concept of chemical trespass and the value of property rights. The action step associated with the formation of the task force will include forwarding a list of potential participants to Diane and talking with her to determine the anticipated work load. Engine Idling Update Signs "No Idling" signage for schools and parks was discussed. Drive Through Ordinance Additional information about other communities' drive through ordinances was discussed. Respectfully Submitted, Julie Risser, Chair, EEC Air Quality Working Group PURPOSE: The Air Quality Working Group of the Edina Energy and Environment Commission makes the following recommendations for amendments to Edina City Code 850 for the purpose of reducing toxic emissions, improving air quality, promoting walking and biking, and decreasing car dependence. The amendments also enable Edina to comply with requirements of GreenStep Cities Best Practice #23, Local Air Quality's action #3a "Decreased vehicle idling in specific locales or by specific fleets." Proposed Edina City Ordinance Amendments for Section 850 - General Requirements Applicable to all Districts Except as Otherwise Stated. Subdivision 14 Drive -Through Facility Standards. A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served. 1. Financial institutions: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 2 stacking spaces per bay 4.3: All other uses: 4 stacking spaces per bay B. Location of Stacking Space. 1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces. 3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep. D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service windows and two audio systems and menu boards. F.G. Menu board and audio system shall not be located on a side of a building that faces single-family residential homes or property zoned single-family residential. 1. Menu boards must be less visually screened from adjoining residential property 2. Noise from menu boards must not disturb residents in adjoining residences and are subject to noise standards, as delineated in Chapter 7030 in the Noise Pollution Control Regulations of the Minnesota Pollution Control Agency. G. Setback Requirement. Drive-through facilities must be located at least 300 feet from single-family residential homes or property zoned single-family residential. H. Non -Idling Signs. Non -Idling signs must be posted in view of patrons in all drive- throu h lanes. anes. I. Traffic & Circulation. Drive-through facilities shall be subject to Subdivision 6 of Section 850.08 of the City Code: OA 1. General Requirements. Vehicular traffic shall be channeled and controlled in a manner that will avoid congestion and traffic hazards on the lot or tract or on adjacent streets. Traffic generated by the use shall be directed so as to avoid excessive traffic through residential areas. No parking area, stacking area or circulation area, except for driveway ingresses and egresses, shall be located within a street, alley or highway. 2. Review by Engineer. The adequacy of any proposed traffic circulation system on a lot or tract shall be subject to the review of the Engineer who mu require additional measures for traffic control to accomplish the orderly and safe movement of traffic including?, but not limited to, the following; 1. Directional signalization. 2. Channelization. 3. Turn lanes. 4. Increased street width. 5. Warning lights. 6. Stackinglanes. anes. 7. Location, number and width of curb cuts. J. Air Quality Standard. Drive-through must be closed if the Air Quality Index exceeds a rating of 101, as determined by the Minnesota Pollution Control Agency. 850.16 Planned Commercial District (PCD). Subd. 2 Principal Uses in PCD -l. Restaurants, but excluding "drive ins" and drive through facilities, Other dwa as allowed in Seetien , SWW. 14S. Subd. 7 Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive through facilities, except those accessory to financial institutions. Ares t 950.07., Produce stands pursuant to a permit issued by the Manager Solid Waste Abatement Tonnage Report City of Edina This report is required by Edina City Code 1300 Licensing requirement. Please complete and submit by the deadlines. Email to: swilmot@ci.edina.mn.us or FAX 952-826-0390 Licensed Haulers Name Licensed number Number of trucks licensed Type of matarials hauled (please circle): Municipal Solid Waste (MSW) or Construction Demolition Waste (CDW) or both Number of Edina accounts: Residential MSW Commercial MSW First quarter: January, February and March Due April 30 for CDW_ for CDW Tons of material collected MSW CDW Residential Commercial Second quarter: April, May and June Due July 30 Tons of material collected MSW CDW Residential Commercial Third quarter: July, August and September Due October 30 Tons of material collected MSW CDW Residential Commercial Fourth quarter: October, November and December Due January 30 Tons of material collected MSW CDW Residential Commercial Recycling Tonnage Report Edina Any licensed hauler that collects recycling must report the following information per Edina City Code 1300.07 1st Quarter due April 30 Fibers Containers TOTAL TONS January February March Totals 2"d Quarter due July 30 Fibers Containers TOTAL TONS April May June Totals 3`d Quarter due Oct. 30 Fibers Containers TOTAL TONS July August September Totals 4th Quarter due Jan. 30 Fibers Containers TOTAL TONS October November December Totals Compostable Materials Any licensed hauler that collects compostable material must report the following per Edina City Code 1300.05 Due by May 15 TOTAL TONS January February March April Totals Due by January 15 TOTAL TONS September October November December Totals Due by September 15 TOTAL TONS May June July August Totals Edina Park Recycling Bin Recommendations by Recycling & Solid Waste Working Group Of the Energy & Environment Commission Draft of 7-14-11 Objective: All Edina Parks will have a recycling bin paired with each solid waste bin. At least 5 parks will be added each year with half the funding supplied by the City and half through donations. To meet this objective, the Park & Recreation Department will provide an annual inventory in January of each year of the number of all trash bins, as well as recycling bins in the Edina Park System. The Park and Recreation Department currently has no inventory but estimates that there are "hundreds" of trash cans. Recycling bins are known to exist only in Edinborough Park, Lewis Park (4 trash, 4 recycling), Pamela Park (8 trash, 6 recycling). Braemar has a few recycling bins. The recommended recycling bins (similar to those donated by Dow in Lewis and Pamela Pks) are $600 for each 60 gal bin. They will be uniform in design and must be suitable for outdoor use such that they withstand the elements, damage and/or theft. Recycling bins should be added using the following guidelines: 1. Replacing Trash Bins — A few trash cans are replaced each year due to theft or damage. Each trash can that needs to be replaced will be replaced with a recycling bin instead, and placed next to a remaining trash can. It results in no extra work on the part of park maintenance because they are empting the same number of bins. Maintenance is taking the same volume out of each park, but they will be taking out at least half of it as recycling based on the percentages of trash vs recycling at Lewis Park. 2. The Park and Rec. Dept. Budget - At least 10 new recycling bins each year beyond those that are in replacement of damaged or stolen trash bins. For every recycling bin paired with a park a trash bin, one trash bin can be removed provided the distances between pairs of trash/recycling bins does not become too great. If the distance becomes too great such that it is inadvisable to remove a trash bin, then the bins can be emptied less often given that the bin capacity has increased due to the additional recycling bins. This results in no additional labor costs. 3. Donations from Local Organizations — Solicit local organizations to donate recycling bins. For example, the Edina Garden Council for Arneson Park, which has at least 2 outdoor trash bins and one indoor trash bin in the Terrace Room; Kelodale Garden Club for the Edina Art Center (there is one trash bin at the foot of the hill by the Art Center on Lk Cornelia trail); Moringside Neighborhood Assn for Weber Park;. the two Rotary Clubs for Centennial Lakes, etc. 4. Grants - Tim Rudnicki of the Recycling and Solid Waste Working Group is presently looking for grants for recycling gins. 5. Donor Acknowledgements - Usually the groups that give grants for recycling bins, or local organizations such as those above in #3 who donate them, will want their name or logo on the bin like Dow has on the bins Dow donated in 2010. This is a marvelous incentive for donations. By Park and Rec. policy, a donor's name can be placed on a donated item, but advertising cannot be placed there. In other words, the recycling bin could say "Donated by Joe's", but not "Eat at Joe's." The organization's logo would be permissible as on the Dow recycling bins at Lewis and Pamela Park. Park and Recreation policy states that a donor must donate at least $5,000 before their name can be placed on an item. This policy should be amended to make an exception for recycling bins given that Dow had their name on each recycling bin despite the $600 cost of each. c\ 26. When you consider the property taxes you pay and the quality of city services you receive, would you rate the general value of city services as excellent, good, only fair, or poor? 27. Would you favor or oppose an in- crease in YOUR city property tax if an increase was needed to main- tain city services at their cur- rent level? IF "OPPOSE," ASK: (n=142) 1i� L, �',} ✓ EXCELLENT........... 17% GOOD ................ 65� ONLY FAIR..............6% POOR...................1% DON'T KNOW/REFUSED....11% FAVOR ............... 454D6 OPPOSE ............... 36% DON'T KNOW/REFUSED.... o 28. What services would you be willing to see cut to keep r property taxes at their current level? 1 t UNSURE, 13%; NINE/CUT WAST 46% ADMINIS TRATION (�j' PARKS AND RECREATION, 4%; ACROSS THE BOARD, 16%; > SCATTERED, 3%. If>�M st�Imm"u ti s have one of two systems for garbage collection. In a multiple collection system, like the City of Edina, residents choose their hauler from several different companies serving the community. Other cities use an organized collection system, where the City contracts with one hauler for the entire or segments of tI-e city. STRONGLY FAVOR........11% FAVOR ................. 26 W p'W OPPOSE................27% (4" STRONGLY OPPOSE....... 1616 DON'T KNOW/REFUSED.... 21% 29. Would you favor or oppose the City of Edina changing from the cur- rent system in which residents may choose from several different haulers to a system where the City chooses a hauler for the whole community? (WAIT FOR RESPONSE) Do you feel strongly that way? IF A RESPONSE IS GIVEN, ASK: (n=318) 30. Could you tell me one or two reasons for your decision? WANT CHOICE, TRAFFIC, 22%; CHOICE, 15%; FOR CITY, 2%; Switching focus.... 20%; LIKE CURRENT HAULER, 22%; LESS TRUCK BETTER FOR STREET, 12%; LOWER COST WITH COMPETITION IS GOOD, 6%; NOT PROPER ROLE SCATTERED, 2%. pL-S) f.- Sun. July 31, 2011 EEC Eco Yard & Garden Tour Monitor Schedule We are asking each Working Group (WG) in the EEC to be responsible for monitoring a particular tour garden. Your WG has been assigned the following garden. Thank you for all your efforts — the result will be educational, fun, publicity, new members, and funds for EEC projects! The following schedule requires two monitors per two hour time period. Monitors receive one free tour ticket. Each WG Chair should let Dianne Plunkett Latham know who has signed up to monitor your WG's garden, Dianne.Plunkett.Latham@Comcast.net_or 952-941-3542. MONITOR NAMES AND PHONE NUMBERS Recycling & Solid Waste Working Group Dan & Dianne Latham 7013 Comanche Ct 952-941-3542 Dianne.Plunkett.Latham@Comcast.net 1:00 p.m. — 3:00 p.m. 1)Mary Yee (Hennepin Co Master Gardener) 2) 3:00 p.m. — 5:00 p.m. 3) Dick Parry (Hennepin Co Master Gardener) 4) Energy Working Group Greg & Cindy Nelson - 6120 Hansen Rd, Edina MN 55436 (952) 925-3613 gnelson@ehsystemsinc.com 1:00 p.m. — 3:00 p.m. 1) Phil Hirschey 2) 3:00 p.m. — 5:00 p.m. 3) Phil Hirschey 4) Water Quality Working Group Jon and Yuko Moon — 6016 Schaefer Rd, Edina MN 55436 (952) 373-1636 JKMoon@rocketmail.com 1:00 p.m. — 3:00 p.m. 1) Nina Holiday -Lynch 2) 3:00 p.m. — 5:00 p.m. 3) Selena Moon? 4) Education & Outreach Working Group Mark Campbell - 4421 Rutledge Avenue, Edina MN 55436 (612) 325-8852 CampbellMark@Mac.com 1:00 p.m. — 3:00 p.m. 1) Paul Thompson 2) 3:00 p.m. — 5:00 p.m. 3) 4) Air Quality Working Group Scott and Martha Weicht— 5608 Concord Ave. S., Edina MN 55424-1504 (952)922-3615SWeicht@comcast.net 1:00 p.m. — 3:00 p.m. 1) Brad Hanson 3:00 p.m. — 5:00 p.m. 3) Ray O'Connell 2) Julie Risser 4) Kahrwen Kata Monitors: Arrive a few minutes early. Wait until the next monitors arrive before leaving. Check all tickets and mark off your garden with a pen. Keep track of the number who tour your garden on a tally sheet, and report that to Dianne Plunkett Latham after the tour. At the end of the tour at 5:00 p.m., the last assigned monitors should return the table and chairs to the owner, and return all the supplies, including the left -over tickets, money, etc., to Dianne Plunkett Latham. If you have questions during the tour call Dianne's cell 612-619-2827. Plant Sale: At the Latham residence during the tour — 7013 Comanche Ct. WG Chairs: Please remind your WG members of their assigned time and location a few days before the Tour. Pick up the supplies for the Tour at the July 14 EEC meeting, including EEC WG membership brochures, extra tickets for sale on the day of the tour ($10 advance at Edina City Hall, $15 day of tour at Latham Residence at 7013 Comanche Ct from 12:30 to 4:30 p.m.). Monitors should bring a few $5 bills for change, Edina map, pens, tape to hold down a tour map and monitor list. Home owner should provide a garbage container, paper cups and a water container to be filled at the garden site for tour participants. Thank you again for helping make this a successful fundraiser and environmentally educational! EDINA PARK AND RECREATION DEPARTMENT TURF MANAGEMENT PLAN EXECUTIVE SUMMARY Revised June 2011 Introduction The City of Edina owns and maintains over 1,500 acres of beautiful park land, wooded areas and open space within its city boundaries. Approximately 600 acres are grassy areas that are routinely maintained on a mowing schedule. In addition, the Edina Park and Recreation Department also maintains many acres of highway islands and boulevards. Part of the maintenance responsibility includes controlling undesirable and/or injurious pests, such as weeds, insects and fungus to an acceptable level of tolerance. Some of the Edina Park Maintenance Department turf management practices that have been used in the past have included the use of fertilizers and herbicides. Terminology By dictionary definition, pesticides are chemicals used to kill pests, such as insects and rodents. Herbicides are chemicals used to eradicate (kill) plants, such as weeds and grasses. In fact, the term "cide" means killer. The word "pesticides", however, is commonly used as the term that includes all the "cides" in the industry, such as fungicides, insecticides, and herbicides. In other words, all herbicides are considered to be a type of pesticide. There are 18 major pesticides that are used in approximately 2,100 different lawn care products. Selective herbicides are chemicals that are designed to eradicate specific plants, such as broad leaf weeds, while not harmfully affecting other plant species that share common turf, such as desirable grasses. One of the most commonly used selective herbicide chemical is 2,4-D. Non-selective herbicides are chemicals that are designed to eradicate all "greed' plant life. In other words, Non-selective herbicides, such as Roundup (a water soluble Non-selective herbicide brand name manufactured by Monsanto Company), are used to kill all green plants, such as all turf grasses and weeds. Non-selective herbicides essentially block the photosynthetic process in plants. Turf areas that have been treated with Non-selective herbicides can be re -turfed (seeded or sodded) within a week after application. Non-selective herbicides are commonly used to kill green growth around trees and under fencing to eliminate the need for labor intensive grass/weed trimming. Organic herbicides are non -chemicals, often plant -based such as corn gluten, that work by inhibiting root formation at the time of germination. The timing of application is very important for the treatment to be effective. Turf must be treated before weeds germinate. Organic herbicides have low or no toxicity for humans and animals and break down rapidly in the environment after annlication. History One of the turf management practices that has been used by the Edina Park Maintenance Department to control weeds and other undesirable grasses has included broadcast applications of selective herbicides by licensed herbicide applicators. This practice has long been viewed as an economical approach to weed control. The largest grassy areas of the Edina Park System have typically been treated with selective herbicides (sprayed on in a liquid form) once per year in the Spring. These large area applications have been carried out by Edina Park Maintenance staff who have been trained and licensed by the Minnesota State Department of Agriculture. The smaller areas, such as roadway triangles and islands, that are more labor intensive to maintain, have been annually treated with selective herbicides in the Spring by contracted turf care companies, such as True Green ChemLawn. The heavily scheduled athletic fields throughout the Edina Park System have typically been treated with selective herbicides in a liquid form in the Spring and have received an application of weed and feed granular (combination fertilizer and selective herbicide) in the Fall of the year. Fertilizers are typically applied once or twice annually to turf areas in need of nutrients to maintain healthy grasses. Fertilizers are not herbicides and are not considered to be a member of the "pesticide" family. Fertilizers are essentially nutrients (food) for grass plants. The large open grassy areas throughout the Edina Park System have not been treated with fertilizers in past practices, mainly due to economic reasons. In the past, the Edina Park and Recreation Department has used non-selective herbicides, such as Roundup, to eliminate green growth around trees, under fencing, around hockey boards and in cracks that develop in tennis courts and hard surface areas, such as basketball courts. This practice has been an economical approach to grass and weed trimming, mainly for aesthetic purposes. The eradication of weeds and grasses that develop in cracks in tennis courts and hard surfaces courts has been done for two main reasons: 1 Eliminate hazardous play surface conditions (safety reasons). 2 Minimize further damage to the hard surface area (economic reasons). The main goal of the Edina Park and Recreation Department's turf management plan has long been to maintain safe and aesthetic turf in the most economical fashion allowed by law. The Edina Park and Recreation Department's past practices have been carried out by hard working, dedicated and well trained maintenance personnel who take great pride in their work. The City of Edina and its Park Maintenance Department have always been concerned and conscious of the impact of its turf maintenance practices on human and animal health and the environment. Because the most important factor in applying herbicides is safety (especially that of children), the Park and Recreation Department has voluntarily made (and continues to make) changes in its own methodology in the application of herbicides to help minimize herbicide exposure to children. During the Spring of 1994, several concerned residents questioned the potential health hazards associated with the Edina Park and Recreation Department's turf management practices. At the Edina City Council meeting on Monday, June 20, 1994, the Edina City Council directed staff to work with Edina Community Health Advisory Committee (ECHSAC) to establish a plan and a process that addresses the concerns of the use of herbicides on City owned property. ECHSAC July 13, 1994, Meeting The ECHSAC met on Monday, July 13, 1994, to discuss this issue. After lengthy discussion, it was determined that the goal should be to find alternative methods of turf management to control pests, such as weeds, that require considerably less or no herbicides. The issue regarding the potential health hazards and environmental impact associated with the use of herbicides was discussed and there was clearly debate on both sides of the issue. It was determined by the ECHSAC that, at this point in time, there is not enough undisputed conclusive evidence that suggests that the Edina Park and Recreation Department's current use of herbicides does or does not pose potential health or environmental hazards. Therefore, the recommendation of the ECHSAC was for the City of Edina to establish a turf management plan that errs on the safe side of herbicide use. The action taken by the ECHSAC at that meeting was as follows: Bob Wilkins MOVED TO RECOMMEND THAT THE PARK AND RECREATION DEPARTMENT WORK WITH THE HEALTH DEPARTMENT AND THE PUBLIC WORKS DEPARTMENT IN CREATING A CLASSIFICATION OF PARK PROPERTIES AND RECOMMEND AN APPLICATION PROCESS THAT WOULD LIMIT AND REDUCE USE OF HERBICIDES IN RESPONSE TO CITIZENS CONCERN. AS AN ALTERNATIVE TO HERBICIDE USE, THE COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE RECOMMENDS INVESTIGATING INTEGRATED PEST MANAGEMENT (IPM), A PROGRAM EMPHASIZING FERTILIZING, SEEDING, AND MOWING. THIS PROGRAM WOULD BE REVIEWED BY THE COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE FOR IMPLEMENTATION IF THERE IS PROVEN EFFECTIVENESS. Audrey Runyan SECONDED. MOTION CARRIED. At the August 1, 1994, City Council meeting, the Edina City Council directed the staff to research and recommend a plan to reduce the use of herbicides on public properties and present the recommendations initially to the Edina Community Health Services Advisory Committee. The ECHSAC was asked to review staff's recommendations for alternatives for turf management during the month of December, 1994. The plan was to then have staff take the ECHSAC's recommendations to the Edina Park Board at the January, 1995, Park Board meeting. The Edina City Council has further directed that the matter then be brought before the Edina City Council on Monday, February 6, 1995. At the November 16`' ECHSAC meeting, the ECHSAC was concerned about the long term effects of herbicide use, as well as, recommending a realistic and acceptable plan using preventative measures that will benefit people 20 to 30 years from now. The ECHSAC determined that there is good reason to establish a plan and policy that reduces the amount of herbicide use on public and private lands. Through this study, it was learned that the Environmental Protection Agency (EPA) registers, rather than licenses, herbicides and pesticides. Therefore, the EPA does not guarantee the safety of the products they review. The EPA can, however, require testing of products and recently stipulated, for example, that the 2-4, D manufacturers repeat an animal -cancer study. The EPA has also asked the industry to take voluntary risk -reduction measures while the study proceeds. According to the 1993 General Accounting Office (GAO) Report, the EPA is more concerned with the health effects of one-time or short-term exposures to MCPP and dicamba along with 2,4-D (which are "licensed herbicides" currently used by the Edina Park and Recreation Department). The 1993 GAO Report also states that dicamba and 2,4-D are deemed "restricted use candidates" by the EPA due to groundwater concerns. The one fact that is most commonly misunderstood by the public is that an EPA "licensed herbicide" is not necessarily "safe" with regards to human and /or environmental health. Through this study we have further learned that the EPA has not yet developed guidelines to assess the health effects of human exposure to pesticides after they are applied to lawns. In particular, the EPA is concerned about the persistence of pesticides in the environment and potential effect on children, who may have more contact with treated lawns than adults (1993 GAO report). Edina Park Board January 10, 1995 Meeting At the January 10, 1995 Edina Park Board meeting, the Edina Park Board took the following action: Mr. Fee MOVED TO RECOMMEND TO THE CITY COUNCIL THAT WE ACCEPT THE RECOMMENDATIONS OF THE ECHSAC AND RECOMMEND TO THE CITY COUNCIL THAT THEY ADOPT THE TURF MANAGEMENT PLAN AS PRESENTED IN THE REPORT SUBJECT TO ANNUAL REVIEW OR SOONER IF DETERMINED NECESSARY. John Dovolis SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. INTEGRATED PEST MANAGEMENT PRACTICES There are various but limited turf management practices that promote healthy grass growth and turf stability while minimizing weed growth without the use of herbicides. The goal is to create a strong and healthy grass that dominates weed growth. Ideally, the goal is to maintain healthy turf grasses while controlling the percentage of pests (weeds) within a predetermined tolerance level without the use of herbicides. Desirable grasses need four main elements to survive: 1 Air 2 Water 3 Food (nutrients) 4 Sunlight Grasses cannot survive when any of the above elements are absent. The most important element is air. In other words, if soil is too compacted, grasses cannot breath. The second most critical element is water. Desirable grasses do not compete well against weeds and undesirable grass plants in drought conditions. The fact is that weed plants (such as knotweed) and undesirable grass plants (such as sandbur) are typically much hardier plants than desirable grasses (such as bluegrass or ryegrass). If left to nature without any interference of turf maintenance, weeds and undesirable grasses will eventually dominate the turf. In some cases, a weed dominated turf can lead to unsafe or intolerable turf conditions for certain turf users, such as softball, baseball, soccer and football players and golfers. Integrated pest management practices that help desirable grasses best compete with weeds are as follows: 1 Irrigation 2 Aeration 3 Proper drainage 4 More frequent mowing schedule whenever possible (ideally never cut more than 1/3 of the grass plant each cut) 5 Set mowers higher (cut grasses ideally at 2 ''/2") 6 Proper fertilization schedule (more frequent and smaller quantities per application, plus proper timing) 7 Over seeding (slit seeding) 8 Top dressing 9 Use most durable grass seed mixture selections 10 Sodding where practical I I Minimizing thatch where needed 12 Spot use applications (as opposed to broadcast applications) of least toxic herbicides only in cases where the intended activity would be intolerably compromised or when an economic or potential human injury is at risk To achieve the goal to use the least amount of herbicides possible, staff is proposing the following IPM based turf management plan: TURF MANAGEMENT PLAN (GOALS) 1 Identify existing pests, such as weeds, and their current percentage make up of existing ground cover. 2 Identify stressed areas of turf and evaluate IPM based options for treatment of the problem. 3 Establish a classification of Edina's public -owned park lands and open space and establish a weed tolerance level to each property. 4 Establish reasonable investments needed and desired to assure best results utilizing IPM based principles in turf management. 5 Routinely monitor and analyze success of IPM based turf management program in writing: a Identify the pest (weed) and the size (density) of its infestation. b Keep records of effectiveness of treatment on solving each turf problem; irrigation, fertilization, mowing, aeration, dethaching, and, as a last resort, use of least toxic chemical. c Keep records of citizen complaints and comments related to turf management program. 6 Develop a list of acceptable management strategies for eradication of weeds when weed dominance exceeds predetermined tolerance levels, such as: a Predetermine a list of herbicides that are effective against the targeted pest (weed) but is least disruptive to the environment, and human and animal health. b Use methods of selective spot treatments instead of broadcast treatments whenever possible. c Post signage before, during and after applying herbicides. d Apply herbicides only as a last resort. e Consult a professional turf restoration professional before determining that herbicides are necessary. It is recommended to continue this practice for a minimum of two years. f Making sure that herbicides are applied by only licensed herbicide applicators. 7 Designate a responsible individual (or individuals) for making decisions to carry out and evaluate the turf management plan. 8 Educate full-time maintenance staff as to best turf management practices using integrated pest management approaches to pest control. In other words, become self-reliant to avoid long-term reliance on consulting expertise. 9 Promote and educate the public as to responsible effective private lawn care practices. Encourage the public to implement integrated pest management practices on their private properties. Turf Management Task Force The Turf Management Task Force was formed in September 2010 at the request of the Energy and Environment Commission (EEC) as a response to Edina residents' concerns on the use of herbicides in parks and children play areas. The Task Force consisted of one member each from the EEC commission, the Community and Health Committee and the Park Board. The City was represented by the Superintendent of Parks. The Task Force reviewed the original Turf Management Plan and evaluated how it was implemented from 1994 to date. It was discovered that herbicides were not always applied accordingto o the plan. Residents' concerns about excessive dandelion weeds in untreated areas (classified as "C" in the plan) had prompted treatment of those areas with one-time spraying of the herbicide 2.4 D early in the spring_ Organic herbicides have been shown to be as an effective non-toxic alternative for lawn care. Unlike chemicals, however, or ag nic applications require additional attention to proper timing and weather conditions. Typically, it takes three to four seasons to eliminate weeds, compared with just one application per season for the chemicals. The Turf Management Task Force concluded that organics can be easily integrated within the current turf management practiced by staff. Organics will be the environmental preferable alternative to treating areas that have 25% tolerance for weeds and are located at or near children play areas. The revised plan uses a new label "O" to indicate turf areas that will be treated with organics. Signs will be posted near children play areas to make it known that they have not been chemically treated. The Turf Management Task Force recommends reviewing turf management practices every fiveyears, with theog al of progressively decreasing the use of chemical pesticides. WEED TOLERANCE CLASSIFICATION FOR CITY OF EDINA OWNED PROPERTY WEED TOLERANCE CLASSIFICATION FOR CITY OF EDINA OWNED PROPERTY In 1995, the City of Edina adopted the following standards to Edina's public -owned parklands and open space. Next to each classified public land or open space, is a suggested category (A -D) designation as to the level of weed tolerance proposed for that particular area. In turn, each classification dictates the type of turf management needed for that specific ground cover. The definition of each category is as follows: CATEGORY A These areas shall have a 0-5% tolerance for weeds. In other words, herbicides will not be applied to these ground covers until weed growth makes up 5% of the total ground cover and it has been determined that there are no other reasonable methods of weed control. CATEGORY B These areas shall have a 15%-25% tolerance for weeds. In other words, herbicides will not be applied to these ground covers until weed growth makes up 15%-25% of the total ground cover and it has been determined that there are no other reasonable methods of weed control+ (Deleted:. CATEGORY C These areas shall have a 100% tolerance for weeds. In other words, herbicides will not be used as a means to eradicate weeds with the exception of noxious weeds or other exotics mandated by State Law. If necessary, where needed or desired, these areas will undergo a returfinent (restorations which will replace or restore existing ground cover. Deleted: CATEGORY D These are areas that are subject to special herbicide applications, such as eradication of noxious weeds as mandated by Minnesota State law and the creation of oak savanna forests. In essence, all public -owned and private -owned properties are subject to category in the event that noxious weeds are present. CATEGORY O These areas shall have a 15%-25% tolerance for weeds. These areas are scheduled and non- scheduled athletic fields located near schools or untreated areas. It is desirable to reduce the amount of chemicals in these areas to avoid unnecessary health and environmental risks. These areas shall either be treated with organics, or revert to catego[y C. These areas are indicated below as "O/C" *These areas were changed from staff's recommended category `B" to category "C" by the Edina Community Health Services Advisory Committee. These were changed for reasons of minimizing potential herbicide exposure to children (Cornelia School fields, Creek Valley School fields and the Yorktown Park field next to the Southdale YMCA). 10 CATEGORY 1 GOLF COURSES: • Braemar Golf Course (36 holes) A • Braemar Golf Driving Range A • Normandale Golf Course (9 holes) A 2 FLOWER GARDENS: • 72 different sites throughout park system A • Formal Gardens at Arneson Acres Park A 3 SCHEDULED ATHLETIC FIELDS (CAN BE LOCKED/SECURED): • Braemar soccer field (one field) A • Courtney Fields Baseball Complex (4 fields) A • Garden Park baseball field (one field) A • Van Valkenburg Park Softball Complex (3 fields) A 4 MULTIPLE -USE SCHEDULED ATHLETIC FIELDS: • Cornelia School softball fields (2 fields) O/C, Deleted: *to B • Cornelia School baseball field (1 field) O/C,, t Deleted: *to a • Countryside Park baseball fields (3 fields) B • Creek Valley soccer fields (3 fields) O/C, Deleted: 'to a • Garden Park softball field (1 field) B • Garden Park soccer fields (2 fields) B • Highlands Park soccer field (1 field) B • Highlands Park softball field (1 field) B • Lake Cornelia Park softball field (1 field) W/C. Deleted: B • Lewis Park soccer/football fields (2 fields) B • Normandale Park baseball field (1 field) B • Pamela Park baseball fields (2 fields) B • Pamela Park softball field (I field) B • Pamela Park soccer fields (2 fields) B • Todd Park softball field (1 field) /C Deleted: B • Weber Park baseball/softball fields (5 fields) B • Wooddale Park baseball/softball field (1 field) B Deleted: Yorktown Park softball field 5 MULTIPLE -USE NON-SCHEDULED ATHLETIC FIELDS: 0 field C"delete¶ (one field each) • Alden Park O/Cr Deleted: to B • Arden Park O/C, Deleted: to B • Birchcrest Park O/C< Deleted: to B • Chowen Park O/C< Deleted: to B • Heights Park -0/C Deleted: CB (organic treatment) 11 • Kojetin Park -0/ C l Deleted: CB (organic • Normandale Park JB Deleted: C to • Sherwood Park O/C V _ Deleted: to B • St. Johns's Park O/C. Deleted: to B • Strachauer Park O/C, Deleted: to B • Tingdale Park O/C, Deleted: to B • Walnut Ridge Park O/C� Deleted: to B • York Park O/C,� Deleted: to B 6 SPECIAL USE MAINTAINED FACILITIES (Outdoor areas): • Arneson Park (arboretum and general grounds) A • Braemar Arena grounds area B • Braemar Golf Dome grounds area C • Centennial Lakes A Deleted: <#>Brian wippermann Gun • Edina City Hall Range C delete¶ A • Edina Art Center Deleted: B • Edina Fire Department A • Edina Public Woks Building grounds A • Edinborough Park (one acre exterior area) A • Frank Tupa Park (historical site) O/C, Deleted: to B) • Williams Park (historical site) -0/C Deleted: CB (organic treatment) 7 MAINTAINED OPEN PLAY AREAS/OPEN GREEN SPACE: • All 38 parks (approx. 400 acres) C 8 DESIGNATED PICNIC AREAS: • Lake Cornelia Park C • Braemar Park C 9 PLAYGROUND AREAS: • 24 playground equipment sites C 10 MEDIAN GRASS AREAS (ISLANDS AND TRIANGLES): • Frontage roads B • Boulevards B • Triangles/medians B • York Ave. Island B 11 WOODED/NATURE AREAS: • Braemar Park savanna forest areas D • Bredesen Park C • Lake Cornelia Park C 12 NON -MAINTAINED OPEN SPACE/WOODED AREAS AND OTHER MISCELLANEOUS PARK LAND: 12 • Fox Meadow Park (park land) O/C • Garden Park Addition (open space) C • Highlands Park O/C • Krahl Hill (open space) C • Lincoln Drive Floodplain (open space) C • Moore Property on Melody Lake (open space) C • Todd Park O/C • Walnut Ridge Park C 13 HARD SURFACE AREAS: • Basketball courts (8 sites) A • Parking lots A • Pathways A • Tennis courts (15 sites) A 14 INDOOR PARK AREAS WITH PLANT GROWTH: • Edinborough Park (trees, shrubs and flowers) A • Arneson Park greenhouse (primarily flowers) A 15 PLANT GROWTH IN AND AROUND LAKES, PONDS AND CREEKS: • Islands D • Shoreline D 16 OUTDOOR HOCKEY RINKS: • 10 sites 10 17 AREAS WITH NOXIOUS WEEDS: • Public -owned property D • Private -owned property D The premier athletic fields that are classified as "A" all have two things in common: 1 Irrigation 2 Fencing Because all class "A" athletic fields have irrigation, they require the least amount of herbicides (and possibly none) (delete) to maintain healthy turf with very few weeds. Irrigation is an important tool and key component in implementing IPM based turf management practices. The only irrigated athletic fields that are suggested to have a class "A" tolerance to weeds are those with fencing. If herbicides are ever needed to maintain their 5% weed tolerance, the entire area can be locked and secured from users during and shortly after herbicide applications (typically 24 hours as recommended by herbicide manufacturers). This practice will minimize the potential human exposure to herbicide chemicals. There are currently five (5) irrigated athletic ball fields that are suggested to have a `B" 13 classification for weed tolerance because they do not have security fencing: 1 Garden Park soccer fields (2 fields) 2 Lewis Park soccer/football field (1 field) change to (3 fields) 3 Pamela Park soccer fields (2 fields) There are currently three (3) irrigated athletic ball fields that are suggested to have a "O/C" classification for weed tolerance because they are located next to Creek Valley Elementary School,, Deleted:: 1 Creek Valley soccer field (3 fields) The `B" classification irrigated athletic fields will rarely (if ever) need herbicide applications to maintain a weed tolerance of 25%, whereas, the non -irrigated class `B" athletic fields present a greater challenge to control weed dominance without the use of herbicides. The main reason for the recommended `B" classification for the five irrigated athletic fields is due to their lack of fencing to secure access to these areas. With proper equipment, labor and materials, IPM based turf management practices should dramatically reduce or eliminate the use of herbicides on all irrigated athletic fields. The "Hard Surface Areas" have an "A" classification for 3 main reasons: 1 Undesirable weeds that grow in cracks on hard surface areas can create an unsafe surface for users. 2 Non -treated weeds in hard surface cracks can lead to further hard surface damage which could lead intolerable or unreasonable economic injury. 3 Human exposure to spot treatment herbicide use on hard surface areas�s very minimal Deleted: are (exposures are typically limited to footwear). At this time, none of the class "C" turf areas have irrigation except the three Creek Valley soccer fields. If this Turf Management Plan is adopted, it is staff's recommendation to direct the Edina Park Maintenance Department to use IPM based turf management techniques to maintain these class "C" weed tolerance areas to as high a standard as possible without the use of herbicides,and (Deleted:. using organics when needed Even though these are classified to have the highest level of tolerance for weeds, it is staff's recommendation to attempt to maintain the best turf possible with the available resources and labor (without the use of herbicides). Without irrigation, even good turf management cannot avoid eventual domination of weeds, however, good turf management can successfully deter the inevitable. The length of time for which a good turf management program will succeed on non -irrigated turf depends on turf use, and soil and weather conditions. As mentioned earlier, all property within the City of Edina boundaries (public or private) are subject to a "D" classification if noxious weeds are present. Under the Minnesota Noxious Weed Law (Minnesota Statutes Chapter 18, Sections 18.75 to 18.88), there are welve noxious weeds Deleted: ten that have been deemed by the Commissioner of Agriculture to be injurious to public health, 14 public roads, crops, livestock. In addition, there are any number of fifty-one (5 1) secondary weeds that may be added to the noxious weed list by the Minnesota Commissioner of Agriculture without a hearing or upon petition by the Edina City Mayor and approval by the Hennepin County Board of Commissioners. The following is a list of the ten noxious weeds: Common Name Botanical Name 1. Yellow Star Thistle` 2. Grecian Foxglove, Centaurea solstitialis L. Digitalis lanata Ehrh. 3. Oriental Bittersweet, Celastrus orbiculatus Thunb. 4. Leafy purge Euphorbia esula (L.) 5. Canada Thistle_ 6. Musk Thistle 7. J!lumeless Thistle Cirsium arvense L. Scop. Carduus nutans -&j Carduus acanthoides (L.) 8. Garlic Mustard Alliaria petiolata Bieb.) 9. Purple Loosestrife Lvthrum salicaria. virgatum (L.), 10. Wild Parshnip, 11. Common Tansy Pastinaca sativa L. Tanacetum vulizare (L.) 12. Spotted Knapweed Centaurea stoebe spp. micranthos CONCLUSION It is reasonable to expect that the Edina Park and Recreation Department will likely receive many complaints about increased visible weeds in the parks, however, this should not be viewed as a lack of the program's success. A moratorium on herbicide use is not a practical, realistic, or responsible approach to turf management and weed (or pest) control. As previously mentioned, if left to nature without any interference of turf maintenance, weeds and undesirable grasses will eventually dominate the turf. It would be economically unreasonable to routinely replace ground cover with new turf in efforts to avoid use of all herbicides in all areas at all cost. An IPM based Turf Management Plan is the most reasonable approach to a reduction and, in some cases, elimination of herbicide dependency. To be successful, citizens should be expected to accept higher weed tolerance in many areas of the park system that have previously been managed at a relatively low weed tolerance level. It is reasonable to anticipate that the most visibly noticeable presence of weeds will be the few weeks in early spring when dandelions (annuals) have flowered. As pointed out at the December 14, 1994, Edina Community Health Services Advisory Committee meeting, there are approximately 4,700 acres of privately owned and maintained residential lawn turf and approximately 150 acres of commercial lawn turf. Combined, there are approximately 4,850 acres of privately owned and maintained lawn turf within the City of Edina, which is about 800% more ground cover than that which is maintained by the Edina Park and Recreation Department. The point is that public education regarding environmentally conscious 15 Deleted: Field Bindweed Convolvulus arvensis¶ Hemp Cannabis saliva¶ Loosestrife, purple Lythrum salicaria or virgatum¶ Poison ivy Rhus radicans¶ Spurge, leafy Euphorbia esula¶ Sowthisde, perennial Sonchus arvensis¶ Deleted: , bull Cirsium vulgare Deleted: , Canada Deleted: , musk Deleted: <#>Thisde, plumeless Carduus acanthoides$ <#>¶ approaches to lawn care is an important part of this proposal. 16 Proposed Agenda for 9-20-11 EEC/City Council Work Session Draft of 7-15-11 I. Recycling & Solid Waste Working Group (20 min) A. Proposed 1300 Licensing Ordinance Amendments (approved at 6-9-11 EEC mtg) and proposed licensing report form (See attachment to 7-21-11 EEC agenda). B. Recommendations for Municipal Recycling 1. City park Recycling bins recommendation( See attachment to 7-21-11 EEC agenda). 2. Resolution on bottled water 3. Resolution on municipal organics recycling II. Turf Management Task Force Report Amendment Recommendation (10 min) (see attachment to 7-21-11 agenda) III. Energy Working Group - Property Assessed Clean Energy (PACE) (20 min) (See attachment to 7-21-11 EEC agenda). Note: This will only be scheduled if it has not already been on an August City Council agenda. IV. Air Quality Working Group (20 min) A. Proposed 850.07 Drive Through Ordinance Amendments (See attachment to 7-21-11 EEC agenda) V. Water Quality Working Group (20 min) A. Coal Tar Ordinance Proposal (See attachment to 7-21-11 EEC agenda) VI. Benchmark Report - ULI Pilot within a Pilot and B3 data (5 min) VII. Approve revised GreenStep Cities best practice selections (5 min) VIII. Organized Hauling Update (20 min) Note: This item will be on the agenda if PACE is not on the agenda 1. City Survey results on organized hauling 2. LWVE Study (See LWVE attachment to 6-9-11 EEC agenda) Future Work Session with Council I. Purchasing — EEC needs to approve revised policy after staff comments are incorporated. II. Energy Working Group A. Proposed Solar/Wind Ordinance B. WindSource III. Recycling & Solid Waste A. Organized Hauling STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF POSTING NOTICE I, the undersigned duly appointed and acting G of Edina, County of Hennepin, State of Minnesota, do hereby certify that I date posted copies of the attached Meeting Notice, at each of the official boards, located at conspicuous places within the City as follows: 1) City Hall, 4801 West 50th Street 2) Municipal Liquor Store, 50th and France Business Area for the City have on this City bulletin 3) Centennial Lakes Park Centrum, 7499 France Avenue South Date notice was posted 7/m (1 Time notice was posted: Signed`— 4+2-3-5- Officer i.2-3SOfficer Posting Notice Signed and sworn to before me, a Notary Public in and for Hennepin County, Minnesota, this day of L) lu , 20�. MACHELL BENTLEY NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Cmftsion Expires Jan. 31, 2012 Revised: June 2006 CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 ENERGY AND ENVIRONMENT COMMISSION NOTICE OF MEETING DATE CHANGES City of Edina NOTICE IS hereby given that the Edina Energy and Environment Commission will change the date of their regularly scheduled meeting from July 14, 2011 to Thursday, July 21, 2011, at 7:00 p.m. The meeting will be held in the Community Room located on the second floor of Edina City Hall, 4801 West 50th Street, Edina, MN 55424 The meeting is open to the public. All interested parties are invited to attend. Rebecca Foster City of Edina Dated: July 14, 2011 City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA, MINNESOTA, 55424-1394 www.CityofEdina.com TTY 952-826-0379