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HomeMy WebLinkAbout2014-09-11 PacketDRAFT MINUTES CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thursday September 11, 2014 7:04 PM I. CALL TO ORDER II. ROLL CALL Answering Roll Call was Anderson, Glahn, Gubrud, Padmanabhan, Rudnicki, Thompson, Waddick, Zarrin, and Chair Heer Excused Absent: Howard, Kostuch, Sierks Late Arrival: Latham Staff Present: Ross Bintner and Rebecca Foster III. APPROVAL OF MEETING AGENDA New Student Members Anderson and Padmanabhan introduced themselves. Member Latham arrived at 7:06p.m. Motion made by Member Glahn and seconded by Member Gubrud to approve the Meeting Agenda. Motion carried unanimously. IV. ADOPTION OF CONSENT AGENDA A. Minutes. Member Gubrud requested Item VLA third paragraph the word "doom" get changed to "make it difficult" and delete the last sentence in the section. Motion made by Member Gubrud and seconded by Member Thompson to approve the amended Minutes. Motion carried unanimously. B. Attendance report and roster. No Comment. C. Workgroup list and minutes. Chair Heer explained the Student Working Group to the new members. Member Thompson announced the Education & Outreach Working Group will be moving their meetings to the first Thursday of the month. Motion made by Member Latham and seconded by Member Zarrin to approve the remaining Consent Agenda. Motion carried unanimously. V. COMMUNITY COMMENT. No Comment. VI. REPORTS AND RECOMMENDATIONS A. Energy Fit Homes — Center for Energy and the Environment. Isaac Smith and Judy Thomas presented a new Energy Fit Homes program by Center for Energy and the Environment. Energy Fit Homes is a certificate program that focuses on energy efficient upgrades that are cost effective to the homeowner. The program was launched in February of this year. This program works best on existing homes built before 1976 and focused specifically on energy efficiency and tied to existing utility efficiency programs. The certification components are reviewing the following i. Attic Insulation and Air Leakage ii. Wall Insulation iii. Heating System Efficiency iv. Programmable Thermostat v. Windows vi. Efficient Lighting vii. Combustion Safety & Ventilation B. EEC Work Plan. Chair Heer reviewed the 2015 Workplan. The opening preference was edited to the following: Whereas the City of Edina is forward looking with respect to energy and environmental matters; and Whereas the City of Edina is committed to significant GHG emission reductions of 15% below 2007 levels by 2015; and Whereas the City of Edina is committed to GHG emission reductions of 30% below 2007 levels by 2025; and Whereas the City of Edina is committed to GHG emission reductions of 80% below 2007 levels by 2050, the EEC recommends the following course of action to attain or exceed those goals: Workplan Item #1 Reduce Energy Consumption and Greenhouse Gas Emissions (GHG) in City of Edina Operations to meet Comprehensive Plan Chapter 10 Goals. 1) Measurement — continue to use and refine metrics and analyses a. B3 database for all City Buildings b. Create metrics for City'; vehicle fleets(gallons of fuel) c. Create metrics for Utility operations (energy usage) d. Regional Indicators for City as a whole 2) City Building Energy Efficiency initiative a. EEC Commissioners to work with City Manager and City Building manager to create a detailed plan for retrofitting existing buildings within 5 years b. At least one building will be retrofitted in 2015 either under the City's own effort or under the State GESP program 3) City Capital Process Environmental Considerations Initiative a. EEC to review results of having an environmental considerations section in 2014 CIP process. EEC commissioners will work with City staff to refine and expand so that all capital decisions (i.e., new buildings, major building renovations and fleet purchases) have explicitly environmental analysis on how they will affect City GHG commitments Workplan Item #2 Promote the Reduction of Energy Consumption and Greenhouse Gas Emissions (GHG) in the City of Edina at large to meet Comprehensive Plan Chapter 10 Goals. 1) Community solar project a. City will allocate staff time to scope, bid and execute a community solar project on a city building in 2015 once PUC finalizes community solar details. Public Works roof is initial target site. b. EEC commissioners will work with the City staff on this effort c. The City will determine whether it wishes to purchase a share in this project for itself d. The April 2015 EEC community event will be used to roll out Community Solar to residents 2) EEC coordination with Planning, Transportation and Parks commissions to achieve Chapter 10 commitments a. EEC commissioners are encourage to track and communicate joint issues with these commissions Member Waddick excused herself from the meeting at 8:45p.m. 3) Expand City subsidized Home Energy Squad (HES) installs for residents a. The City will fund 150 HES installs at a cost of $10500, prioritize for lower income (a dramatic increase over the current funding of $4000) b. The EEC will support community education on energy efficiency with the intent of encouraging 500 people to apply for HES visits on energy audits in 2015. Workplan Item #3 EEC will hold a 2 hour working session with City Council and City Manager to discuss existing Edina City environmental commitments and to align EEC charter, expectations, resources and timetables for results Onaoina Responsibilities Green Step Cities Reporting — review ongoing activities in GreenSteps program. Urban Forestry — track Urban Forest Report progress through Parks and Planning Commissions, review final product. Solid Waste and Recycling — track MPCA compost rulemaking and emerald ash borer quarantine changes. Report on progress of solid waste collection. Business Recycling — to continue to encourage and report on progress Local Food Task Force — report on Bees and Chickens progress. Annual Purchasing Policy Report — review ongoing purchasing activities. Motion made by Member Latham and seconded by Member Glahn to approve the Workplan. Motion carried unanimously. VII. CORRESPONDENCE & PETITIONS. No Comment. VIII. CHAIR AND COMMISSION MEMBER COMMENTS A. Building Energy Efficiency Subcommittee. No Comment. B. Business Recycling Working Group. Member Zarrin said there are new grants from Hennepin County. A few of the businesses are stepping forward with composting. C. City Environmental Considerations Subcommittee. No Comment. D. Community Solar Subcommittee. Member Gubrud spoke with Scott Neal and he said if Solar is on the Work Plan then he'll assign staff to it. Council Member Josh Sprague would like Edina to be on the fore front of energy efficiency. E. Education Outreach Working Group. Member Gubrud said the movie "Troubled Waters" will be held on Sept. 19tH F. Home Energy Squad Subcommittee. Member Gubrud said 362 homes have been visited since 2010 when the program started. There were 116 (30 were subsidized) in 2013 and 60 (45 were subsidized) in 2014. G. Local Food Working Group. Member Latham said the Bees and Chicken ordinance will go to Council on Oct. 7th H. Recycling and Solid Waste Working Group. Member Latham announced the City has two mulch piles. The mulch will go towards City gardens first and then to residents. I. Student Subcommittee. No Comment. J. Water Quality Working Group. Member Waddick said their committee is concerned about how the City needs to mow at 3" in order for a resident to do it. Member Waddick suggested advertising in About Town on grass length. The group will continue Storm Water education in the media with Communication and Technology Services Department. The Group is thinking about doing a Rain Garden or Cistern program. K. 2014 EEC Summary and Schedule. No Comment. IX. STAFF COMMENTS A. City Project Updates. Mr. Bintner said Hazelton Rd with the new Byerlys is complete and other street recons are wrapping up. Arden Park D will be reconstructed in 2015 using the new Living Streets policy. Member Thompson invited Members to the Homecoming parade on Sept. 13tH. Members were invited to build a rain garden 4236 Crocker on Sept. 13th. Watershed and Climate Solutions on Sept 21St There being no further business on the Commission Agenda, Chair Heer declared the meeting adjourned at 9:36p.m. Motion made by Member Glahn and seconded by Member Thompson to adjourn meeting. Motion carried unanimously. Respectfully submitted, Rebecca Foster GIS Administrator CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thursday October 9, 2014 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 and roster C. Workgroup list and minutes V. COMMUNITY COMMENT During "Community Comment," the Energy & Environment Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission, or which aren't slated for future consideration. Individuals must limit their testimony to three minutes. The Chair may limit the number of speakers on the some issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments tonight. Instead the Commission might refer the matter to staff or to an EEC Working Group for consideration at a future meeting. VI. REPORTS AND RECOMMENDATIONS A. Vision Edina B. Fred Richards VII. CORRESPONDENCE & PETITIONS VIII.CHAIR AND COMMISSION MEMBER COMMENTS A. Building Energy Efficiency Subcommittee B. Business Recycling Working Group C. City Environmental Considerations Subcommittee D. Community Solar Subcommittee E. Education Outreach Working Group F. Home Energy Squad Subcommittee G. Local Food Working Group H. Recycling and Solid Waste Working Group I. Student Subcommittee J. Water Quality Working Group K. 2014 EEC Summary and Schedule IX. STAFF COMMENTS A. City Project Updates UPCOMING EVENTS AND MEETINGS: httP://www.edinamn.gov/ <click calendar> 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. Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w/Quorum Type "1" under the month on the meetings' line. ENERGY & ENVIRONMENT COMMISSION Regular Meeting w/o Quorum Type "1" under the month on the meetings' line. NAME TERM J F M A M J J A S O N D Work Session Work Session # of ' Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 0 0 0 1 10 ... 6/3/2014 (enter date) Glahn, William 2/1/2017 =- 1 1 1 1 1 1 1 1 '$ Gubrud, Bob 2/1/2016 1 1 1 1 1 1 1 1 $ 80 Heer, John 2/1/2015 1 1 1 1 1 1 1 1 1 1 10 1fP&% Howard, John 2/1/2016 1 1 1 1 1 1 1 1 8 8096 Kostuch, Keith 2/1/2016 1 1 1 1 1 1 1 1 1 9 -90% Latham, Dianne Plunkett 2/1/2015 1 1 1 1 1 1 1 7 70% Rudnicki, Tim 2/1/2015 1 1 1 1 1 1 1 7 70% Sierks, Bill 2/1/2016 1 1 1 1 1 1 1 1 1 1 TO 100% Thompson, Paul 2/1/2016 1 1 1 1 1 1 1 1 1 9 90% Waddick, Louise 2/1/2017 1 1 1 1 1 1 1 7 88% Zarrin, Sarah 2/1/2015 1 1 1 1 1 1 1 1 1 9 90% Bale, Sarah student 1 1 1 1 1 1 6 6096 Sokol, Elana student 1 1 1 1 1 1 1 1 8 8096 Anderson, Reilly student 1 ... 1 100% Padmanabhan, Sunaya student 1 1 1100% Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w/Quorum Type "1" under the month on the meetings' line. Type 1" under the month for each attending member. Regular Meeting w/o Quorum Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Joint Work Session Type "1" under "Work Session" on the meetings' line. Type "1" under "Work Session" for each attending member. Rescheduled Meeting* Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Cancelled Meeting Type "1" under the month on the meetings' line. Type "1" under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. *A rescheduled meeting occurs when members are notified of a new meeting date/time at a prior meeting. If shorter notice is Edina Energy & Environment Commission Working Groups and Subcommittees Draft of 5-8-14 Building Energy Efficiency Subcommittee - Chair Sierks, Members: Bill Glahn, Keith Kostuch, Tim Rudnicki Objective: This subcommittee will work with City staff to recommend to Council a comprehensive approach for achieving deeper energy efficiency actions for the city's buildings that maximizes greenhouse gas reductions, maximizes energy saved and dollars saved, and maximizes effective use of city dollars. City Environmental Considerations Subcommittee — Chair Keith Kostuch, Members: John Heer, Tim Rudnicki Objective: This sub -committee of the EEC will work with City stuff to find a way to embed the 2008 Comprehensive Plan Chapter 10 environmental commitments into the City's capital budget process. New buildings, major building renovations and fleet purchases have large and long-term environmental implications. Consequently, environmental considerations need to be made more explicit at the inception of all capital projects and in the approval process up to City Council final approval. Time frame: This process will be collaborative with City staff in terms of conceptualization and implementation so it will take most or all of 2014. Community Solar Subcommittee - Chair Bill Sierks, Members: Paul Thompson, Bob Gubrud Objective: Work with City Staff to evaluate whether the City can host a Community Solar site. If 'so, the group will assist as appropriate in completing the steps necessary to apply for, develop, and market this program, and involve interested members of the public through a working group if the project moves forward to construction Edina Business Recycling Working Group— Yd Wednesday - Chair Sarah Zarrin — Members: Lori Syverson (Chamber of Commerce), Ben Knudson (Hennepin County Environmental Services), Andre Xiong (HCES), Aileen Foley Education Outreach Working Group (EO WG) — 1" Tuesday at 7:00 pm - Co -Chairs Paul Thompson and Bob Gubrud — Members: John Howard (EEC), Andrew Harmon, Chuck Pretice and Mindy Ahler. Objective: The mission of the Education and Outreach Working Group is to support the charter of the Edina Energy and Environment Commission by creating awareness and engaging residents, schools, churches, business' and community organizations to take action to conserve and increase energy efficiency, to reuse and recycle, and to preserve and enhance our environment Home Ene= SSguad Subcommittee (HES) — Meets as needed - Chair Bill Sierks — Commissioners - Paul Thompson, Bob Gubrud Objective: This subcommittee works with City slclff, Xcel Energy, Centerpoint Energy, and the Center for Energy and the Environment to implement the Home Energy Squad program for Edina's residents. The city's gas and electric utilities have hired CEE to implement to implement the Home Energy Squad program across their service area. Our subcommittee is helping to promote the program and maximize its impact in Edina. Local Food Working Group — Chair Dianne Plunkett Latham, Arlene Forrest, Louise Segreto, David Chin, Flora Delaney, loeffrey Bodeau, Virginia Kearney, and Jamie Bodeau Objective: Facilitate creation of home%ommunity gardens, chicken & bee keeping, and incorporation of food growing areas/access in multifamily residential developments Recvcljng & Solid Waste Working Groin (RSW WG) — V Thursday at 7:00 pm - Chair DP Latham, Commissioners Sara Zarrin and Tim Rudnicki - Members Michelle Horan, Melissa Seeley — City Staff Solvei Wilmot Objective: Evaluate and monitor the provision of a residential recycling program. Evaluate and monitor the provision of a privately provided solid waste program, as well as a reduction in municipal solid waste produced by city residents and businesses. Educate the public about recycling Student Working Groin — EEC Chair, Members: Paul Thompson, Student Members, and open to students attending secondary schools in Edina. Objective: To facilitate, coordinate and share information between the EEC and the School Environmental groups and to work on common energy and environmental objectives as appropriate. To assist in developing environmental leaders of tomorrow. Water Quality Working Group (WQ WG) — 1 S` Thursday at 6:30pm - Chair Lou Ann Waddick — Members: David B. VanDongen , Michelle Jordan, Jon Moon, Steve Wielock, Katherine Winston Objective: To facilitate communication between citizens and city government and champion efforts to improve water quality within Edina. Edina Energy Efficiency Subcommittee -Staff -Consultant meeting summary September 18, 2014 Attendees: City: Tim Barnes, Ross Bintner, Brian Olson EEC: Tim Rudnicki, Bill Sierks Absent: Bill Glahn, Keith Kostuch CR -BPS: Laura Malwitz, Nancy Schultz Background: At the April 10, 2014 EEC meeting, the Commission affirmed the "City Building Energy Efficiency" priority in its work plan, which states that the City should "follow on success of 2011-2012 energy efficiency retrofit project by exploring more in-depth building efficiency projects." The EEC also approved a motion that the City approach to its buildings should meet four objectives: 1. Achieve deep energy efficiency savings 2. Maximize greenhouse gas reductions 3. Maximize savings of energy dollars 4. Achieve effective use of City funds The EEC indicated that the MN Guaranteed Energy Savings Program was an option for achieving this work plan priority and the four identified objectives. The City staff indicated that they were looking at other approaches and intended to bring an alternative to EEC in May for consideration. Four EEC Commissioners expressed interest in participating in staff discussions on this issue; three City staff also are involved, and this subcommittee was formed to enable this participation. The first meeting of the subcommittee was on April 11. The second meeting of the subcommittee was held on May 8, 2014. On September 18, the subcommittee held its third meeting, and invited CR -Building Performance Specialists (CR -BPS), a building performance specialist consulting firm, to discuss their services. Meeting Notes. The team reviewed how the City's budget is structured and how the City currently approaches building management and developing energy-related building projects. Brian Olson mentioned that the City Council approved a number of energy projects in its budget for this year, distributed among the range of building owners. This largely used up the funds that the City had received from a hail damage insurance claim. The rest of the meeting was spent discussing the types of services that CR - BPS provides to local governments to assist them in building management. CR -BPS helps facility owners develop and implement strategies that get the longest life out of their buildings, operate them as efficiently as possible and deliver advanced energy savings in (1) individual facilities and (2) their entire facility portfolio. The company takes an integrated approach looking for synergistic sets of improvement tactics that work together to over -deliver on energy savings as well as non -energy benefits, and achieve certifications such as LEED Platinum, Net Zero Energy, Passive House and the Living Building Challenge. Its team includes architects, engineers and energy/facility management professionals who use data - driven decision-making. Their approach includes a thorough evaluation of the client's current building stock along several dimensions: cost savings, physical condition, function, energy use, behavior patterns, economic opportunity, safety, health, and sustainability. The company seeks to reduce the overall impact our buildings have on the environment in two ways: 1) by designing new buildings to the highest performance standards possible and 2) by implementing asset and energy management programs for existing buildings. CR -BPS start with an evaluation of the Client's building stock. Building systems are based on BOMA standards, and values follow RS Means costing. Each building is evaluated compared to the entire building portfolio to identify opportunities based on needs and potential. The company can also do a deeper dive into each of these buildings. Example of Industry standard metrics helpful in comparing buildings to each other across a portfolio: FCI (Facility Condition Index); RI (Requirement Index); EUI (Energy Use Intensity); ROI (Return on Investment). This information becomes the baseline data of which all improvement projects may be measured against. With each potential project - we can determine how much better/worse a building will be once that project is implemented. For example, if we complete a project that replaces windows that are 50 years old - the FCI of that building should improve. Once we know all the systems, their condition, priority ranking, cost and date for renewal or replacement - we can then start bundling the improvement projects (requirements) to make a project. CR -BPS does not bid on project work. It assists the project owner but does not have a financial interest in implementing projects. The next steps agreed to at the end of the meeting include: 1. CR -PBS will provide contact names of other local government clients so that the City staff can contact them and discuss how their experience has been with CR -BPS. a. Completed: Recommended contacts include St. Louis County, MN; the City of Red Wing; City of Duluth, and City of Bloomington. Other clients include the University of Minnesota and State of Minnesota agencies. b. An RFP used by the City of Bloomington for their Facility Management System was also provided. 2. City Staff will follow up by contacting them and deciding on next steps. 3. The subcommittee will reconvene when staff has completed step 2. Minutes Energy and Environment Education and Outreach Working Group, September 10, 2014 Called to order at 7:03pm Attendees: Bob Gubrud, Mindy Abler, Paul Thompson 1. Discussion of changing monthly meeting date - rescheduled this month due to Labor Day 1. Would first Thursday work for all current group members? 2. Mindy will send out an email to check on member availability - for October meeting and on-going meetings 2. Minutes from July meeting unanimously approved 3. Sun Current and winter edition of About Town article on Home Energy Squad - Have requested that Judy contact Krystal on this, but has not happened to date. Bob has not had a response from Judy at CEE and will follow up again. 4. Troubled Waters film showing September 19 - John left a list of locations to post for Paul & Bob along with posters and handouts 1. Paul will check with John on a few locations not listed: library, Jerry's Foods, Liquor store 2. Need to verify that John will introduce the film on that night 3. Paul will see if city can print 50 more sheets of the 4 -up flyer 5. Film Series - next film would be in Nov - don't yet have candidate films for this date 1. Carbon Nation is a possible http://carbonnationmovie.com/ 2. Paul will talk to John and Chuck to see if they have other suggestions 6. April Forum 1. discussed moving to different date 2. use as kickoff to Edina Community Solar project - if we can get the project up and running 3. Look for speaker that is a respected conservative? focus just on solar? panel of speakers? 4. Paul & Bob will bring this up at commission meeting based on it being in the work plan 7. Edina Day of Service - October 25 - 4 Home Energy Squad visits can be done on that day (Bob has coordinated the last few years) 1. Bob may not be in town that day and is looking for someone to be a backup for that day 8. New Member Recruiting 1. Bob will check on those who may have expressed an interest in the commission, but were not selected as possible recruits 2. Paul & Bob will get approval from commission to invite new student commissioners to join our working group Meeting adjourned at 8:40pm Local Food Working Group (LFWG) Report 9-30-14 General Background: The Edina Energy and Environment Commission (EEC) established its Local Food Working Group (LFWG) on 10-10-13 to implement the Green Step Cities (GSC) Local Food Best Practice #27 Action #2, which is defined as "Facilitate creation of home/community gardens, chicken & bee keeping, and incorporation of food growing areas/access in multifamily residential developments." To achieve GSC credit for chicken and bee keeping at the one star level, the city must "Remove restrictions to food gardening/raising of chickens/bees in residential areas." LFWG Membership - The three city of Edina commissioners were confirmed by the EEC at the 11-14-13 EEC meeting, with five additional residents confirmed at the Dec. 12, 2013 EEC meeting. The LFWG consists of: Dianne Plunkett Latham, LFWG Chair - Energy & Environment Commission — (H) 952-941-3542 Louise Segreto —Park Board — (Cell) 612-968-5195 Arlene Forrest - Planning Commission - Beekeeping experience - (H) 952-285-2795 (cell) 612-618-7973 Virginia Kearney — Edina Resident — Chicken keeping experience — (H) (952) 221-5469 Geoffrey Bodeau — Edina Resident - Beekeeping experience — (H) (952) 947-9445 Jamie Bodeau —Edina Resident —Beekeeping experience — Son of Geoffrey Bodeau and EHS senior — (H) (952) 947-9445 David Chin - Edina Resident - Beekeeping experience — (952) 942-8243 Flora Delaney —Edina Resident — Beekeeping experience — (Cell) 612-730-7941 LFWG Meetings: The LFWG meets at City Hall as needed with meetings attended as follows: Nov. 26, 2013: Present - DP Latham, Louise Segreto, Arlene Forrest, Virginia Kearney, Geoffrey Bodeau, David Chin. Absent: Jamie Bodeau, Flora Delaney March 21, 2014: Present - DP Latham, Flora Delaney, Virginia Kearney, Geoffrey and Jamie Bodeau. Absent - Louise Segreto, David Chin, Arlene Forrest EEC Meetings: The LFWG report and City Code amendments for chicken and beekeeping were reviewed by the EEC at its 4-10-14 meeting (present DP Latham, David Chen, Virginia Kearney) and 5-8-14 meeting (present DP Latham, Geoffrey Bodeau) meetings. The EEC approved the LFWG report and ordinance amendments for a recommendation to the 6-3-14 EEC/City Council Work Session. Council's 6-3-14 Work Session recommendations were incorporated into the report and code recommendations by the LFWG and unanimously approved at the 6-12-14 EEC meeting (present DP Latham, Geoffrey Bodeau, Jamie Bodeau) for forwarding to Council with a recommendation to implement the code amendments. The amendments were returned to the EEC for consideration at its 10-9-14 meeting to make additional changes recommended by the City Attorney as well as LFWG members. Planning Commission Public Hearing — On 9-23-14 Ross Bintner indicated that City Attorney Roger Knudson indicated that because Section 6 and 7 of the proposed ordinance amend the zoning ordinance, that the ordinance must be referred to the Planning Commission for a public hearing before it goes to the City council. Cary Teague, the Planning Commission Staff Advisor indicated that the amendments must have an informational hearing at the Planning Commission prior to the Planning Commisison public hearing. The Planning Commission informational hearing is scheduled for Wed. Nov. 12. The Planning Commission public hearing is scheduled for Wed. Dec. 10. City Council Meetings: The EEC met with the City Council for a work session on 6-3-14. All Council members were present. LFWG members present included DP Latham, David Chin, Virginia Kearney and hen Shirley who demonstrated what excellent and quiet companion animals hens are. Other EEC members present included Commissioners Herr, Sierks, Bubrud, Howard, Glahn and Zarrin. Beekeeping Background - Minnesota is among the top five states in honey production and agricultural by-products associated with beekeeping. Domestic strains of honey bees have been selectively bred for desirable traits, including gentleness, honey production, tendency not to swarm and non-aggressive behavior, characteristics which are desirable to foster and maintain. Gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed. Bees are a vital part of our food system by pollinating flowers. The number of bees has declined dramatically due to the overuse of pesticides as well as to diseases and parasites. Residential bee keeping can help re -stabilize both native and honey bee populations by educating residents to: 1) Plant ornamental plants useful to pollinators such as native plants and avoid those without food for pollinators such as daisy, day lily, marigolds, petunia, tulip, etc. 2) Reduce pesticide use. Objective — The objective of the LFWG is to propose to the EEC code revisions and accompanying policy and educational programs to enable Edina to obtain credit for the GSC Local Food best practice by making it possible for residents to keep bees and chickens in Edina and thus obtain their accompanying environmental benefits. Another objective of the honey bee and chicken keeping ordinance amendments is to provide an apicultural framework to enable hobbyists to safely and successfully pursue these pleasurable and environmentally, economically, culturally and agriculturally critical activities in suburban areas. The proposed ordinance amendments are designed to result in a minimum of staff oversight time. A simple beekeeping registration process is all that is required. Although renewal is required, the registration is effective unless the apiary becomes a nuisance due to inadequate management or unless a neighbor within 200 ft of the lot line of an apiary site appeals the registration due to medical reasons. No registration is required for keeping up to 4 hens. Where other city, county or state regulations apply, they will be utilized and not repeated as part of Edina's enabling ordinance amendments. This includes nuisance, noise, sanitation, animal cruelty or accessory building regulations, customary home occupations among others. Beekeeping Benefits — Honey bees are efficient pollinators of garden flowers and eatable fruits and vegetables, as well as being a source of honey. Bee Colony Collapse Disorder (CCD) threatens global food production. More than one-third of the world's crop species depend on bee pollination. By allowing beekeeping, we can impact the pesticide and herbicide usage of residents and landscape companies by beekeepers educating their neighbors. By creating an environment with minimal herbicides and pesticides, which is safe for bees, we are creating an environment that is safe for all residents and for wildlife. Potential Beekeeping Liability — There are very few hazards associated with honey beekeeping. The majority of people who fear honey bees do so out of ignorance. In 2000, the most recent year for which data has been reported to the World Health Organization, 54 people were reported to have died in the USA due to encounters with any type of stinging insect (wasps, bees, hornets, yellow jackets, fire ants, brown recluse spiders, etc). None of the deaths can be specifically attributed to honey bees. Honey bees are bred for their gentile nature and rarely sting. If a resident has been stung by a bee, it is more likely a Yellow Jacket. Honey bees are a different type of stinging insect than wasps or hornets. They are flower feeders with no interest in human food or drink. The only food they desire is nectar (carbohydrates) and pollen (protein). They have been bred for hundreds of years to be docile/non-aggressive. Honey bees typically do not sting unless 2 their apiary is threatened (shaken or knocked over), or you threaten the individual bee (swat or otherwise attempt to harm it). Common Law Negligence - A landowner has an obligation to make reasonable use of his or her property so that no unreasonable harm is caused to others in the vicinity. This "reasonable use" rule is followed in Minnesota (Depue v. Flateau, 100 Minn. 299, 303, 111 N.W. 1, 2 (1907)). This cuts both ways with respect to a beekeeper's bees stinging a neighbor, or a neighbor's pesticide killing a beekeeper's bees. As a practical matter, causation is not easy to prove in these cases. It would be difficult to prove who was the owner of the stinging bee, or even what kind of bee caused the sting unless you obtain DNA from the bee's stinger and match it to the apiary's matrilineal DNA. Negligence means the failure to exercise the care of an ordinarily prudent person. Since bees sting by nature, it is necessary for any plaintiff to show that the owner of honey bees is negligent in his care of the bees. In any case of injury by honey bees, the plaintiff will have to show that the bees were vicious, provide proof they were vicious, and inform the owner of the bees that they were vicious. If the owner of the honey bees failed to correct the problem and the bees continued to be vicious, a basis may exist for a claim of negligence. Given that honeybees are not considered inherently dangerous (or vicious), a City's sovereign immunity would protect it, absent negligence, for honeybee apiaries located on city property. The Edina City Attorney can be consulted for verification. Under MN Stat. Article 13, Section 11, in some circumstances it is possible for an apiary owner to be compensated for their bees if killed by pesticide. See https://www.revisor.mn.gov/laws/?id=312&vear=2014&type=0#Iaws.13.8.0 Speak Up Edina — During the month of April 2014, 32 residents registered their opinions on beekeeping and 100% were in support of allowing beekeeping in Edina. Other Cities Permitting Beekeeping - For a complete list of the eleven metro cities permitting beekeeping, see list compiled by the University of Minnesota Bee Lab at http://www.beelab.umn.edu/Resources/Ordinancesre ag rdingbees/index.htm Five cities bordering Edina allow beekeeping. This includes the following. Given that honey bees forage over at least two square miles, Edina already has many foraging honeybees. Bloomington — Sect. 12.116(a)(2) — One acre per apiary not exceeding 24 cubic ft in apiary size. Not allowed on properties having 3 or more dwelling units. Owner must live in the dwelling on the property. • Eden Prairie - New ordinance passed 1-21-14, upon which Edina's proposed beekeeping ordinance is based. Registration is required with the Eden Prairie Police Department. As of 5-8-14 Eden Prairie had 16 beekeeping registrations. 191 neighbor notification letters were sent (average 12 per registration) and 8 inquiries (questions, concerns) were received. Appeals must be made within 30 days of an approved registration. No beekeeping registration appeals were filed as of 6 14. Jim Schedin, the Eden Prairie staff person responsible for enforcing the Eden Prairie beekeeping ordinance e-mailed the Edina City Council on 9-19-14 that "Since the eleven apiaries have begun operations I have received zero complaints and zero inquiries from neighbors. The apiaries have become a non -issue in terms of complaints and in terms of staff time dedicated to registrations and inspections." Hopkins — City Code does not address honey bees, so they are allowed. Minneapolis - Section 74.80 — Must get a permit from Mpls Animal Care and Control. Requires approval of 80% of neighbors within 100ft (repealing this provision is under consideration); this provision likely cannot be implemented in a Plan B City such as Edina, as it can in charter cities such as Minneapolis. The opinion of Edina City Attorney is needed if such a provision is proposed. Richfield - Section 905.41 - Bees are considered non-domestic animals. All non-domestic animals are prohibited. 3 St Louis Park — Not addressed in city ordinance, so they are allowed as long as they are not a nuisance Proposed Edina Beekeeping Registration Process Other Cities - The Edina beekeeping ordinance is modeled upon the Eden Prairie beekeeping ordinance, which is based on the Minnesota Hobby Beekeeper Association's model ordinance. Hopkins and St. Louis Park have no registration, licensing or permitting requirements. A simple registration like Eden Prairie requires is all that is recommended by the LFWG/EEC given that Edina is nearly (with the exception of Richfield) completely surrounded by cities allowing honey beekeeping. Honey bees forage in an area of approximately two square miles such that Edina already has honey bees in the city. Nationwide, most cities that allow beekeeping are beginning to loosen their beekeeping requirements after encountering very few (if any) problems. Registration - A simple apiary registration serves to make the City aware of where bee keeping activities are being conducted. This is necessary so that if Police Officers are responding to a call, they will be alerted to be careful when walking through the backyard of a beekeeper such that they don't bump an apiary or stand in front of its fly zone. A $20 initial registration fee is proposed because there is cost and staff time involved in sending out neighbor notification letters. Neighbor Notification - As a courtesy, property owners within 200 feet of any lot line of the apiary site will receive written notification of their neighbor's intent to establish an apiary. An Edina resident seeking to register an apiary would not need a neighbor's signature of approval, which could be denied by the neighbor for no more reason other than for spite. Renewal - A registration renewal is proposed because beekeepers may forget to notify the City of their discontinuance of the hobby. Police officers need to be aware of active apiary locations for the officer's safety. No licensing fee is proposed to be associated with the annual beekeeping registration renewal because subsequent neighbor notification letters will not be sent, thus very little staff time will be required. Apiary Inspection and Registration Approval - The City must wait a minimum of two weeks after receiving the apiary registration application before approving or denying the registration. During that time, as in Eden Prairie, the designated official - Animal Control Officer in the case of Edina - will make at least one apiary site inspection to confirm that the apiary complies with all city code in terms of setback, number of colonies, water source, etc. Only upon a finding of compliance with all applicable city ordinances will the registration be granted. During that time, neighbors are free to comment or voice concerns to the designated City official. Impact of neighbor Comments Prior to Registration Approval — Neighbor comments prior to approval of the apiary registration will not impact whether or not the registration is approved. Only the applicant's compliance with code will determine approval. In the experience of Eden Prairie, once the neighbors receive the courtesy registration notification, if they have objections they will usually contact the City quickly. Eden Prairie has found that this serves as an opportunity to educate the neighbors and alleviate fears/concerns before they feel the need to file an appeal. This window of time serves to filter out people who may file a written appeal out of ignorance or fear. Jim Schedin, Eden Prairie's official responsible for apiaries stated on 5-6-14 that " It [notification and appeal process] has worked amazingly well - I have had a handful of people contact me and have been able to alleviate their concerns. And although two neighbors threatened to file written appeals even after speaking with me, none of them actually ever followed through with their threat." Limiting initial approval to code compliance reduces staff time by eliminating unnecessary appeals. Appeal — Any resident living within 200 ft of a lot line of an apiary site may file a written appeal of the approval of the initial apiary registration to the City Manager, or their designee, at any time after the approval of the beekeeping registration. By not limiting the window of time for the appeal period, a new neighbor, who was not living within 200 ft of the apiary site lot line at the time of the apiary registration, may appeal. If an appeal is filed, the beekeeper will be notified in writing by the City Manager or their designee. The City Manager, or designee, must then conduct a hearing with the apiary registrant and the person appealing. During the hearing the City Manager, or designee, can mediate between the parties by suggesting such strategies as moving the hives, constructing a flyway barrier, or other management techniques in addition to approvingor r dente the he appeal. After hearing both sides, the City Manager, or designee, renders a decision, which cannot be challenged. Revocation Policy - If a resident appeals the approval of a beekeeping registration, an apiary registration can be revoked under the following circumstances. Stating that "I'm allergic to bee stings" would not be persuasive to cause a revocation because there are many species of bees and individuals are not allergic to them all, but only to specific species of bees. A note from an emergency room or other physician stating that you, or a family member, have suffered past anaphylaxis due to honey bee stings, would be sufficient to revoke the registration. The registration could also be revoked if the apiary can be shown to have become a habitual nuisance due to improper maintenance despite the City having asked the bee keeper to rectify conditions such as consistent water source, etc. Number of Apiaries - Limitation on the number of apiaries are based upon lot size, starting with two apiaries for lots less than one-half acre and increasing in number up to twleve for those properties that are adjacent to neighboring undeveloped land such as a park natural area, for example. Set Back - The LFWG/EEC's initial proposal was for a 10 ft set back from any lot line plus a flyway barrier when a hive is within 25 ft of a lot line. During the June 3, 2014 Work Session, Council expressed interest in a 20 ft lot line setback without a flyway barrier, which Council found visually unattractive, based on a concern that a projectile thrown over the lot line may hit an apiary, which may incite the honeybees within. Since the June 3 work session, further information as follows has been gathered to demonstrate that a 20 ft lot line setback is unnecessary and would serve only to restrict residents on small lots from having an apiary. A 10 ft lot line set back is adequate with the exception that there will be a 20 ft setback for an apiary from any adjacent dwelling unit on adjacent property in any zoning district and from any public sidewalk. a. Eden Prairie has now had a full summer of experience with beekeeping using a 10 tt set back with a flyway barrier for apiaries within 25 ft of a lot line. Eden Prairie staff member Jim Schedin's experience is related in his e-mail to the Edina City Council dated 9-19-14: "My inspections involve me getting within a few feet of each apiary while wearing no protective gear (it's not necessary, as I am not threatening the hive by removing the cover or frames). In total, this summer I have stood within 2-3 feet of over one million honeybees, without any special protective gear and without incident.... I believe that a five foot setback is adequate, but I understand that because of people's misconceptions about honeybees that a ten foot setback might help alleviate some concerns. I am opposed to a twenty foot setback simply because it would effectively prevent most people living on smaller parcels from keeping honeybees. At the end of the day, having a setback requirement of 5', 10' or even 20' feet will not make any difference to the honeybees — if a nearby neighbor has clover or flowers in their yard, the bees will go there." a -.b. LFWG member beekeepers indicate that throwing an object at an apiary such as a rock, tennis ball, golf ball, etc. does not disturb the bees within the apiary, which are bred for gentleness. Honeybees do not take notice of such projectiles, absent actually squishingahoneybee. 1}c. Edina's Animal Control Officer, Timothy Hunter's e-mail of 9-22-14 states that "I'm not advocating a specific setback, just that there is one because of human activity, not [because oft bee activity. If you pin me down to a distance I like 10' over 5' and am somewhat ambivalent to 20'." Home Occupation - The Home Occupation ordinance, section 36-1254, has been amended to permit beekeeping so that Edina beekeepers could sell their honey at a local Farmer's Market, if desired, but cannot sell honey directly from their home. Chicken Keeping Benefits - The benefit of a limited number of hens (a maximum of 4 female Gallus gallus domesticus) is that they are interesting companion animals, which can be used as part of an Integrated Pest Management (IPM) gardening program given their appetite for insects. They can also be used as a source of fresh eggs and fertilizer. In order to foster bee keeping, residents must greatly reduce using herbicides and pesticides. Chickens are a nonchemical, environmentally sound method of reducing garden pests such as slugs or Japanese beetles. Chickens lay eggs for 4 — 5 years, but live for 10 — 12 years, thus must be viewed as companion animals. Only hens, not roosters, will be permitted given that hens are nearly silent. Only roosters crow. Chicken Keeping Registration Process — None is proposed. Other Cities Permitting Henkeeping - At least 4-0-12 metro cities allow the keeping of hen chickens, including three cities on Edina's boundary. This includes Bloomington, Burnsville, Centerville, Circle Pines, Golden Valley, Minneapolis, Minnetonka, New Brighton, Robbinsdale, St. Louis Park, St. Paul, and Shoreview. Other metro cities allowing chickens do not allow roosters. At least three metro cities prohibit keeping chickens - Eden Prairie, Wayzata and White Bear Lake. Number of Hens — Four was chosen because, as a flock animal, two can keep each other company. Since hens lay for only 4 or 5 years, if the hens are desired for eggs, one needs to get two younger hens after the first two stop layingafter ter 4 or 5 years, resulting in a total of four. Since chickens live about 10 years, the first two will probably die by the time the second two stop laying and then two younger hens can be obtained while maintaining a total of four hens. Cities that have a specified a ceiling on the number of hens in residential settings generally allow a maximum of four. This includes Bloomington, Centerville and Shoreview. Golden Valley allows up to 3 lam hg ens. Robbinsdale requires permission for more than two chickens. New Brighton has no restrictions on chickens but has an Urban Farm Task Force report recommending a "fowl tried matrix" to set a limit on poultry based on lot size up to a maximum of 24 birds. LFWG Educational Programs for Keeping Chickens and Bees To foster residential chicken and beekeeping, the following educational programs have been completed. Friday, March 21, 2014 — Free movie "More than Honey" — 7:00 pm Council Chambers sponsored by the Edina Park and Recreation Department and the Energy and Environment Commission's Local Food Working Group and EEC's Education and Outreach Working Group. Approximately 110 members of the public attended and offered many supportive comments on chicken and beekeeping. After the movie the LFWG members Dianne Plunkett Latham, Flora Delaney, Virginia Kearney and Geofrey Bodeau led a panel discussion while Jamie Bodeau passed out samples of honey produced by their honey bee colonies in Taylors Falls. 2. Saturday, April 19, 2014 - "Planting for Pollinators" - 10 a.m. in the Terrace Room of Arneson Acres Park, 4711 W. 70th St. Elaine Evans, a Ph.D. candidate in the University of Minnesota Bee Lab, and the University's foremost expert on planting for pollinators was the presenter. Sixteen members of the public heard the free program about what kinds of flowers residents can plant to attract pollinators as well as common non-native plants to avoid because they offer no food for pollinations. She explained how to design your yard to attract native bees by providing nesting areas for them. Saturday, May 24, 2014 - "Integrated Pest Management to Preserve Pollinators" - 10 a.m. in the Terrace Room of Arneson Acres Park, 4711 W. 70th St. The speaker was David Tobelmann, a Hennepin County Master Gardener, who explained what kinds of chemicals are implicated in Colony Collapse Disorder (CCD) and provided alternatives for managing insect pests in your yard. There was no charge to attend. Five attended this program given over the Memorial Day weekend. Hen Nugget appeared and demonstrated what affectionate and quiet companion animals that hens are. After passage of the proposed bee and chicken keeping ordinances, the following educational programs are proposed to be offered: 1. "Bee Keeping Basics." Date TBA. Arneson Terrace Rm on a Saturday morning. Consider someone from Dr. Marla Spivak's Bee Squad program for a speaker. See http://beelab.umn.edu/BeeSquad/. Consider also a speaker 6 from the Minn. Hobby Beekeeper's Association at www.MNBeeKeepers.com. In the alternative, or in addition, the LFWG can advertise an Edina Community Education beekeeping class. 2. Consider purchasing an apiary from the U. of MN Bee Squad, which will deliver it, set it up and tend it for the City of Edina at a cost of approximately $3,000 for two years. A generous resident has pledged $2,000 towards this. The U. of MN Bee Squad would then use the apiary for research. See http://www.thebeezkneezdelivery.com/hostsites/ for more information on the Bee Squad Colony in a Bottle program. As an alternative to continuing to annually fund a U. of MN Colony in a Bottle, find an Edina resident who would be trained by the U. of MN Bee Squad to assume maintenance of the apiary after a few years. For more information and a listing of Edina locations that were considered, see document on Considerations for a Proposed Honeybee Colony on City Property, which recommends Braemar Park as the best location. After passage of the chicken keeping ordinance the following educational program is proposed to be offered: 1. "Keeping Chickens as Companion Animals, as a Component of a residential IPM Program, and as Local Food" — Date TBA. Virginia Kearney to find a speaker such as Al Bourgeois, "the Chicken Enthusiast of St. Louis Park" for a free program in the Arneson Terrace Room on a Saturday morning. For a video on how to get started with chickens, see video series at www.Extension.UMN.Edu/small-farms. 7 REVISED 9-25-14 ORDINANCE NO. 2014 - AN ORDINANCE AMENDING CHAPTERS 8, 22, AND 36 OF THE EDINA CITY CODE REGARDING HONEY BEEKEEPING AND FOWL THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Chapter 8 of the Edina City Code is amended to add Article VII as follows: ARTICLE VII. HONEY BEEKEEPING 8-311. Registration. (a) No beekeeper shall keep honey bees in the City without a current registration from the City of Edina Police Department. (b) Each beekeeper shall register with the Police Department prior to bringing any honey bees into the City. (c) Beekeepers operating within the City prior to the effective date of this Section shall have four (4) weeks from the date this Section goes into effect to register with the Police Department as a beekeeper. (d) The registration shall be upon the form provided by the City and shall include the applicable fee as set forth in section 2-724, Schedule A. If a beekeeper adds or relocates a hive or colony, the beekeeper shall update the registration prior to the addition or relocation on the form provided by the City. All questions asked or information required by the forms shall be answered fully and completely by the beekeeper. (e) The City beekeeping registration shall be valid until December 31 of each calendar year and shall be renewed prior to expiration each year by submitting a renewal form to the Police Department on the form provided by the City. A person no longer keeping honey bees in the City shall notify the Police Department within thirty (30) days. (f) Upon the initial registration, annual renewal, or change of address within City, each beekeeper shall allow the Chief of Police or his designee the right to inspect any Apiary for the purpose of ensuring compliance with this Section. (g) Upon initial registration or change of address within the City, the City shall notify in writing all owners of lots within two -hundred (200) feet of any lot line of the Apiary Site, of the presence of said Apiary. (h) Any resident within 200 feet of any lot line of an Apiary Site may file a written appeal of the approval of the initial registration to the City Manager, or their designee. If an appeal is filed, the beekeeper will be notified in writing by the City Manager or their designee. 8-312. Required Conditions. (a) Honey bee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. (b) Each colony on the Apiary Site shall be provided with a convenient source of water located on the Apiary Site so long as colonies remain active outside of the hive. effet4 should be inade to ensur-e that the water- sour-ee is f�eel of ebefflieals that are tom'pieally found in tap water-, suehz^rr,•Lchler-in and fluoride (c) Materials from a hive or colony which might encourage the presence of honey bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee -proof enclosure. (d) For each colony permitted to be maintained under this Section, there may also be maintained upon the same Apiary Site, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10 -frame hive body, with no supers. (e) Beekeeping equipment shall be maintained in good condition, including keeping the hives painted if they have been painted, but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarming honey bees. (f) Hives shall be continuously managed to provide adequate living space for their resident honey bees in order to control swarming. (g) In any instance in which a colony exhibits Unusual Aggressive Behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. If requenning is required, queens shall be selected from European stock bred for gentleness and non -swarming characteristics. (h) Fruit trees and other flowering trees, which are located on an Apiary Site, shall not be sprayed, while in full bloom, with any substance which is injurious to honey bees. 8-313. Colony Location. (a) No hive shall occupy any front yard. (b) In no instance shall any part of a hive be located within ten (20] 0) feet of any lot line. (c) In no instance shall any part of a hive be located within ten -twenty (24-0) feet of any adjacent dwelling unit on adjacent property in any zoning district or located within twenty (20) feet of any public sidewalk. (d) All apiaries shall comply with Edina City Code Subpart B Land Development Regulations, Chapter 36 Zoning, Article XII, Supplementary District Regulations, Division 2 General Requirements, Section 36-1254, Customary home occupations as an accessory use. 8-314. Colony Density. (a) Every lot within the City shall be limited to the following number of colonies based on the size of the lot: (1) %2 acre or smaller = 2 colonies (2) more than '/2 acre to 3/4 acre = 4 colonies (3) more than 3/4 acre to 1 acre = 6 colonies (4) more than 1 acre to 5 aeres= 8 colonies (b) Regardless of lot size, if all lots within two hundred (200) feet of any lot line of the Apiary Site are undeveloped property, there shall be na-a limit to the n..mbe f 12 colonies that can be kept on the Apiary Site. However, upon the development of any lot within two hundred (200) feet of any lot line of the Apiary Site, the Apiary Site shall comply with the restriction set forth in this Subdivision 5. (c) If any person removes honey bees from locations where they are not desired, that person shall not be considered in violation of the restriction in this Subdivision 5, if the person temporarily houses the honey bees on the Apiary Site of a beekeeper registered under this Section for no more than 30 days and remains at all times in compliance with the other provisions of this Section. 8-315. Inspection. (a) Upon prior notice to the owner of the Apiary Site, the Chief of Police or his designee shall have the right to inspect any Apiary for the purpose of ensuring compliance with this Section. (b) It shall be deemed a violation of this Section for any person to resist, impede or hinder the Chief of Police or his designee in the performance of their duties in inspecting any Apiary and surrounding grounds. 8-316. Denial, Revocation or Suspension. 3 (a) Registrations issued under the provisions of this Section may be denied, revoked or suspended by the Chief of Police after notice and the right to request a hearing, for any of the following causes: (1) Fraud, misrepresentation or false statements on the registration or during the course of the registered activity. (2) The keeping of honey bees in an unlawful manner or a manner so as to constitute a breach of peace, or to constitute a nuisance to the health, safety or general welfare of the public. (3) Any violation of this Section. (b) Notice of the denial, revocation or suspension, shall be in writing, specifically set forth the grounds for denial, revocation or suspension and the person's right to request a hearing before the City Manager or his/her designee. Such notice shall be mailed, postage prepaid, to the person to his/her last known address, or shall be delivered in the same manner as a summons. Any person who desires a hearing before the City Manager or his/her designee must request the hearing in writing, within fifteen (15) days of the date of the notice, by filing a written request for a hearing with the Chief of Police. If a hearing is requested it shall be held before the City Manager or his/her designee within thirty (30) days of the request. The City shall notify the person in writing of the time, date and location of the hearing at least five (5) days prior to the hearing. Within fifteen (15) days after the hearing the City Manager or his/her designee shall issue a written decision in the matter and that decision shall be final. If the person fails to request a hearing within fifteen (15) days of the date of the notice, the denial, suspension, or revocation shall automatically be deemed final. The right to request a hearing before the City Manager or his/her designee shall be in place of any right to appeal. Section 2. Section 8-5 of the Edina City Code is amended to add the following definitions: Apiary means the assembly of one (1) or more colonies of honey bees on a single lot. Mary Site means the lot upon which an Apiary is located. Beekeeper means a person who: (i) is a resident of the lot where the Apiary is located who owns or has charge of one (1) or more apiaries of honey bees; and (ii) Any person who owns or controls a lot on which a colony is located. Beekeeping equipment means anything used in the operation of an Apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Chicken run means a fuliv enclosed and covered area attached to a chicken coop where chickens can roam unsupervised. 4 Colony means an aggregate of honey bees consisting principally of workers, but having, when perfect, one (1) queen and at times drones, brood, combs, and honey. Hive means the receptacle inhabited by a colony. Honey bee means all life stages of the common domestic hone, bee, apis melli era species. Lot means one unit of a recorded plat, subdivision or registered land survey, or a recorded parcel described by metes and bounds. Nucleus colony means a small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. Person means any individual, partnership, corporation, company, limited liability company, other entity, or unincorporated association. Rooftop means the uppermost section of a primary or accessory structure of at least one full story and at least twelve (12) feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. Super means that part of a honey bee hive used to collect honey. Swarming means the natural process where a queen bee leaves a colony with a large group of worker bees. Undeveloped propty ermeans: (i) any lot that is not improved with a structure that has or is required to have a certificate of occupancy; and (ii) all streets and highways. Unusual Aggressive Behavior means any instance in which unusual aggressive characteristics such as stinging without provocation or attacking without provocation occurs. Section 3. Section 8-210 of the Edina City Code is amended to provide as follows: Sec. 8-210. Keeping of certain animals regulated. No person shall keep any rabbits, mice, hamsters, guinea pigs or other rodents, ferrets or any bird, excluding female galus domesticus, on any premises used for residential purposes except in a metal cage so constructed that it may be completely and easily cleaned and that the animal or animals kept therein are completely enclosed and protected from children and animals on the outside. Such animals at all times shall be kept within the dwelling or an accessory building. 5 Section 4. Section 8-212 of the Edina City Code is amended to provide as follows: Sec. 8-212. Keeping of certain animals prohibited. No person shall keep within the city: (a) Any livestock. (b) Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For the purposes of this subsection, the bloodline of an individual animal must comprise not less than 51 percent domestic breeds. (c) Venomous snakes. Section 6. Section 36-435 of the Edina City Code is amended to provide as follows: Sec. 36-435. Accessory uses. The accessory uses permitted in the Single Dwelling Unit District (R-1) are as follows: (a) The following accessory uses are permitted on the same lot as a single dwelling unit building: (1) Accessory garages. (2) Greenhouses, garden houses, chicken coop, chicken run, honeybee apiary, decks, patios and gazebos. (3) Tool houses and sheds for the storage of domestic supplies. (4) Private swimming pools, tennis courts and other recreational facilities for use only by residents of the principal use and their guests. (5) Improvements customarily incidental to single dwelling unit buildings, including, but not limited to, driveways, sidewalks, flagpoles and clotheslines. 0 (6) Customary home occupations. (7) Day care facilities licensed by the state, located within the single dwelling unit building. (8) Temporary retail sales of evergreen products from conditional use properties pursuant to a permit issued in accordance with this division. (b) Uses and facilities accessory to, and on the same lot as, a golf course, including maintenance buildings, golf driving ranges, swimming pools, tennis courts and other related recreational facilities. Accessory buildings totaling 1,000 square feet or more require a conditional use permit. (c) Preschools, nurseries and day care within elementary, junior high and senior high schools and religious institutions. (d) Rooms for residential occupancy by persons employed by religious institutions or golf courses. Section 7. Section 36-1254 of the Edina City Code is amended to provide as follows: Sec. 36-1254. Customary home occupations as an accessory use. (a) Customary home occupations which are permitted as an accessory use by this chapter shall comply with the following conditions: (1) Only the residents of the dwelling unit shall be employed on the lot or within the dwelling unit. (2) No exterior structural modifications shall be made to change the residential character and appearance of the lot or any buildings or structures on the lot. (3) No loading, unloading, outdoor storage of equipment or materials with the exception of honeybee apiaries, or other outdoor activities, except parking of automobiles shall occur. (4) No signs of any kind shall be used to identify the use with the exception of beekeeping cautionary signs. (5) All parking demands generated by the use shall be accommodated within the accessory garage and the normal driveway area and shall not at any one time occupy more than two parking spaces in parking areas required for multiple residential buildings. (6) No more than ten automobile trips weekly by individuals other than the residents of the dwelling unit shall be generated to the dwelling unit as a result of the use. (7) No sale of products or merchandise shall occur on the lot or within any structures or buildings on the lot. (b) Permitted customary home occupations include the following and similar occupations if, and only during such times as, they comply with all of the conditions of subsection (a) of this section: (1) Dressmakers, tailors and seamstresses. (2) In single dwelling unit and double dwelling unit buildings only, music and dance teachers providing instruction to not more than five individuals at a time. (3) Artists, sculptors and authors. (4) Insurance agents, brokers, architects and similar professionals who typically conduct client meetings outside of the dwelling unit. (5) Ministers, rabbis and priests. (6) Photographers, providing service to one customer at a time. (7) Salespersons, provided that no stock in trade is maintained on the lot or in the building or structure on the lot. (8) In single dwelling unit and double dwelling unit buildings only, rental of rooms for residential occupancy to not more than two persons per dwelling unit in addition to the permanent residents of the dwelling unit. (9) Honeybee apiaries. (c) The uses set forth in this subsection have a tendency to increase in size or intensity beyond the conditions imposed by this section for home occupations and thereby adversely affects residential properties. Therefore, the following shall specifically not be permitted as customary home occupations: (1) Barbershops and beauty parlors. (2) Repair services of all kinds, including, without limitation, auto repair and painting, appliance repair and small engine repair. (3) Music, dance or exercise instruction which provides instruction to groups of more than five individuals at a time. (4) Medical and dental offices. (5) Upholstering. (6) Mortuaries. (7) Commercial kennels, as defined by section 8-5. (8) Tourist homes, boardinghouses or rooming houses and other kinds of transient occupancies. (9) Commercial food preparation or catering. (10) Automobile and equipment sales. (11) Landscaping and lawn maintenance service where landscaping materials and equipment are stored or parked on the premises. (d) Permitted customary home occupations by residents who are physically unable to be employed full time outside their residence may be allowed as a temporary conditional use, with variances from the conditions of subsection (a) of this section pursuant to the provisions of article V of this chapter. Section 8. This ordinance is effective immediately upon its passage and publication. First Reading: Second Reading: 4 Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of , 2014, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 92014. City Clerk 10 From: schedvi@hotmail.com To: mail@edinamn.pov Subject: Honeybees Date: Fri, 19 Sep 201411:33:05 -0500 Dear Mayor and Council Members, I was recently contacted by Dianne Latham of the Edina Energy & Environment Commission about the topic of honeybees and was asked to come and address the Edina City Council on October 7`h, 2014. Although I would enjoy addressing the council on the topic of honeybees, I think it's important to send you an email so that I can cover all of my points. I feel that I have a unique perspective to offer for a number of reasons: • 1 am a lifelong Edina resident who lives on a relatively small parcel on the northeast side.As a father of a child with life-threatening allergies who must carry an epi -pen, I was a biased, anti -honeybee opponent before being tasked by the Eden Prairie City Council to research honeybees. • After researching honeybees, I authored the honeybee ordinance that is now in place in the City of Eden Prairie. This is the ordinance that the EEC is now using as a general model. • Since January of 2014 1 have registered sixteen (16) apiaries in the City of Eden Prairie. Of those 16, 1 have personally inspected eleven (11) operating apiaries. My inspections involve me getting within a few feet of each apiary while wearing no protective gear (it's not necessary, as I am not threatening the hive by removing the cover or frames). In total, this summer I have stood within 2-3 feet of over one million honeybees, without any special protective gear and without incident. • Since the eleven apiaries have begun operations I have received zero complaints and zero inquiries from neighbors. The apiaries have become a non -issue in terms of complaints and in terms of staff time dedicated to registrations and inspections. One thing that I would like to address is the topic of setback requirements. I believe that a five foot setback is adequate, but I understand that because of people's misconceptions about honeybees that a ten foot setback might help alleviate some concerns. I am opposed to a twenty foot setback simply because it would effectively prevent most people living on smaller parcels (such as mine) from keeping honeybees. At the end of the day, having a setback requirement of 5', 10' or even 20' feet will not make any difference to the honeybees — if a nearby neighbor has clover or flowers in their yard, the bees will go there. In fact, if any of you have clover or flowers in your yard right now, you are most likely visited by hundreds of honeybees and other native pollinators every day. By having stricter setback requirements, the City will in effect be appeasing the uniformed (of which I used to be a member) and will be limiting the number of residents that can enjoy the hobby. The City will not, however, be limiting the number of honeybees that will come to residents yards (they travel several miles). As I have said, I am the parent of a child with life-threatening allergies. That burden comes with never-ending worries about exposure to certain toxins. But having conducted extensive research on honeybees, having registered and personally inspected apiaries and having conducted in-depth interviews with beekeepers (while standing next to active hives), I would have no objections with any of my neighbors having hives, nor would it matter to me if the setback requirement was as little as five feet. Honeybees are simply that much of a non -issue. Thank you for your consideration, Jim Schedin 6041 Wooddale Ave Edina, MN 55424 CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION March 2014 — February 2015 Term SUMMARY AND DRAFT SCHEDULE Choose Month/Date for 2014 JOINT EEC / CC Workshop March 13, 2014 Meeting Item of focus: Elect Chair and Vice Chair. Sierks Advisory proposals (WPI) (PACE) (Water bottles) (GHG emissions) Presentations: Bill Sierks April 10, 2014 Meeting Item of focus: WP6 Presentations: Dianne Plunkett Latham May 8, 2014 Meeting Item of focus: WP6, PACE, June 3 meeting prep. Presentations: Gayle Prest, Sue Bast, June 3, 2014 EEC/CC Joint Workshop Item of focus: WP6, WP1, WP4 Presentations: Dianne Plunkett Latham, Bill Sierks, John Heer, Sarah Zarrin June 12, 2014 Meeting WorkplanItem WP1 City building energy project March motion to table building advisory, April motion to recommend approach of deeper energy efficiency savings, maximized greenhouse gas reduction, and energy savings. WP2 Environmental purchasing policy WP3 Energy efficiency community outreach May motion for PACE advisory communication. July motion to request staff support for community solar project proposal. July motion to reiterate that Center for American Experiment report does not reflect the views of the commission. W124 Integrate comprehensive plan chapter 10 into city operations. WP5 Business recycling task force WP6 Local food April motion to research council advisory to use Fred Richards as second community garden. June motion to accept working group report. OR1 Green Step Cities Reporting OR2 Urban Forestry OR3 Solid Waste and Recycling March motion to table and modify water bottle advisory, April motion to approve water bottle advisory. June motion to table plastic bag proposal. OR4 Support city and commission activities August motion to invite parks department staff to EEC meeting. August motion to recognize Braemar Arena staff for seeking opportunities to protect environment. WP = work plan number. OR = ongoing responsibility number Choose Month/Date for 2014 JOINT EEC / CC Workshop March 13, 2014 Meeting Item of focus: Elect Chair and Vice Chair. Sierks Advisory proposals (WPI) (PACE) (Water bottles) (GHG emissions) Presentations: Bill Sierks April 10, 2014 Meeting Item of focus: WP6 Presentations: Dianne Plunkett Latham May 8, 2014 Meeting Item of focus: WP6, PACE, June 3 meeting prep. Presentations: Gayle Prest, Sue Bast, June 3, 2014 EEC/CC Joint Workshop Item of focus: WP6, WP1, WP4 Presentations: Dianne Plunkett Latham, Bill Sierks, John Heer, Sarah Zarrin June 12, 2014 Meeting Item of focus: VVPI, Pre.. entations. Tim Barnes. Gill Sier!<s Maly 10, 2014 Meeting Item of focus: Community Solar, tNod<plan Presentations: August 14, 1014 Meeting Item of focus: WDIIIP'',iri September 9.1, 2014 Fleeting Itern of focu : VNor4<plan, CorrWmunity Solar PrE?stentations: Center, For i nei"gy and the I_nvironrnent -- Energy '.:t flt'sowE October 9, 2014 Meeting Item of focus: Vision Edina, Fred Richards, WP6 Presentations: Ann Kattreh? November 13, 2014 Meeting Item of focus: Presentations: December 11, 2014 Meeting Item of focus: Prepare and review annual reports, awards, recognition. Presentations: January 8, 2015 Meeting Item of focus: Presentations: February 12, 2015 Meeting Item of focus: Presentations: Staff Suggested Topics Three Rivers regional trail project and Nine Mile Creek stream stabilization projects The future public uses for Fred Richards golf course Urban ecology, nutrient flows and clean surface waters. Natural resource management, wildlife habitat and comp plan chapter 9 Local energy conservation strategies Regional energy systems Urban soils, contamination, site development and wellhead protection. Consumer goods, materials and waste. Growth of personal device energy use. Ongoing p• Green Step Cities Reporting — review ongoing activities in GreenSteps program. Urban Forestry —track progress through Parks and Planning Commissions, review final product. Solid Waste and Recycling—track MPCA compost rulemaking and emerald ash borer quarantine changes. Annual Purchasing Policy Report — review ongoing purchasing activities. Business Recycling — track progress Local Food Task Force — track progress Other Work Plan Ideas Considered for Current Year or Future Years Proposed Month for Joint Work Session:wary, August Progress Report: Budget Staff Support2015 New Initiative Target Item 2 (WP2) Completion RequiredWorkplan Required Approval Date Promote the Reduction of Energy Consumption and Greenhouse Gas Emissions (GHG) in the City of Edina at large to meet Comprehensive Plan Chapter 10 Goals. 1) Community solar project a. City will allocate staff time to scope, bid and execute a December 31, Staff + $10,000 Ross Bintner (100hrs) community solar project on a city building in 2015 once PUC 2015 (Consultant) finalizes community solar details. Public Works roof is initial target site. b. EEC commissioners will work with the City staff on this effort c. The City will determine whether it wishes to purchase a share in this project for itself d. The April 2015 EEC community event will be used to roll out April 1, 2015 Staff Time Krystal Caron (80hrs) Community Solar to residents 2) EEC coordination with Planning, Transportation and Parks commissions to achieve Chapter 10 commitments a. EEC commissioners will be encouraged to track these December 31, None None commission meetings and to comment and recommend 2015 actions per the City's commitments 3) Expand City subsidized Home Energy Squad (HES) installs for residents a. The City will fund 150 HES installs at a cost of $10500, December 31, $10,500 Minor prioritize for lower income (a dramatic increase over the 2015 (Consultant) t current funding of $4000) b. EEC will educate and promote HES with the goal to get 500 visits in the year. Progress Report: (BOARD/COMMISSION) 2015 Annual Work Plan Complete each section with a white backeround. Add or delete tables as needed. Return to the Assistant Citv Ma ber 19. Reduce Energy Consumption and Greenhouse Gas Emissions (GHG) in City of Edina Operations to meet Comprehensive Plan Chapter 10 Goals. 1) Measurement — continue to use and refine metrics and analyses a. B3 database for all City Buildings April 1, 2015 Staff Time Tim Barnes (12hrs) b. Create metrics for City vehicle fleets(gallons of fuel) July 1, 2015 Staff Time Gunnar Kaasa (20hrs) c. Create metrics for Utility operations (energy usage) July 1, 2015 Staff Time Dave Goergen (20hrs)`> d. Regional Indicators for City as a whole April 1, 2015 $500 s E ` (Consultant) 2) City Building Energy Efficiency initiative a. EEC Commissioners to work with City Manager and City October 1, Staff + $1,000 Scott Neal (8hrs) Building manager to create a detailed plan for retrofitting 2015 (Consultant) Tim Barnes (80hrs) existing buildings within 5 years b. At least one building will be retrofitted in 2015 either under December 31, Staff + $10,000 Tim Barnes (200hrs) the City's own effort or under the State GESP program 2015 (Consultant) 3) City Capital Process Environmental Considerations Initiative a. EEC to review results of having an environmental April 1, 2015 Staff Time Eric Roggeman (20hrs) considerations section in 2014 CIP process. EEC commissioners will work with City staff to refine and expand so that all capital decisions (i.e., new buildings, major building renovations and fleet purchases) have explicitly environmental analysis on how they will affect City GHG commitments 2015 EEC Workplan preface Whereas the City of Edina is forward looking with respect to energy and environmental matters; and Whereas the City of Edina is committed to significant GHG emission reductions of 15% below 2007 levels by 2015; and Whereas the City of Edina is committed to GHG emission reductions of 30% below 2007 levels by 2025; and Whereas the City of Edina is committed to GHG emission reductions of 80% below 2007 levels by 2050, the EEC recommends the following course of action to attain or exceed those goals: Water Quality Working Group 2 Oct 2014 Meeting Minutes 6 - 7:30 pm In attendance: Lou Anne Waddick, David VanDongen, Katherine Winston, Steve Weilock, Michelle Jordan General Discussion of Events of Interest - 1.1. Lou Anne and Steve are holding an outreach event for their Master Water Stewards Project (date?) 1.2. Michelle solicited volunteers for a Master Water Stewards booth at the Green Gifts Fair on Nov 22. 2. Stormdrain Stenciling Program Updates 2.1. The kit is out, but the person who has it is not being responsive. 2.2. Steve has been in contact with several schools interested in implementing the program as a part of their service learning programs. 2.2.1. We will need more kits so that these schools can get out stenciling this fall. Lou Anne will contact Laura Adler about feasibility. 2.2.2. Katherine and Lou Anne will meet with the teachers next week to give kits and information. 2.2.3. Laura Adler put together very good maps for the schools. 2.3. Stenciling can likely only continue into early November. 2.4. Everyone should go to Nextdoor.com and promote. 2.5. There is a government service fair on Oct 15, 9th graders, a possible opportunity for outreach? 3. Troubled Waters Movie 3.1. Jon and Dave both went to the showing. Was about the dead zone in the ocean and how we can alter agriculture to decrease it. 3.2. Lou Anne suggested having a viewing together. 4. Rain barrel Program 4.1. The EEC is not interested in funding. Their focus next year is on greenhouse gas emissions. 4.2. There are other opportunities for purchasing rainbarrels (Recycling Association of Minnesota http://www.recycleminnesota.ora/programs/sale-events) 4.3. Aside: Eureka Recycling does a recycled paper coop bulk buy twice a year. Orders are open! http://www.eurekarecycling.org/page.cfm?ContentlD=28 5. Contractor Runoff - David's friend is still concerned about the lack of soil retention bmps at development sites. Is there anything we can do about this? Who enforces?