HomeMy WebLinkAbout2019-01-10 EEC Meeting PacketAgenda
Energy and Environment Commission
City Of Edina, Minnesota
City Hall Community Room
Thursday, January 10, 2019
7:00 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
IV.Approval Of Meeting Minutes
A.Minutes: Energy and Environment Commission November 8,
2018
V.Community Comment
During "Community Comment," the Board/Commission will invite residents to share relevant issues
or concerns. Individuals must limit their comments to three minutes. The Chair may limit the
number of speakers on the same issue in the interest of time and topic. Generally speaking, items
that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Chair or Board/Commission Members to respond to their
comments tonight. Instead, the Board/Commission might refer the matter to sta% for
consideration at a future meeting.
VI.Reports/Recommendations
A.2019 EEC Work Plan
B.Greater Southdale District Plan Consideration
VII.Correspondence And Petitions
A.Working Group Minutes
VIII.Chair And Member Comments
A.Advisory Communication: Maintaining reliable GHG-free
electrical power by supporting removal of MN ban on new
nuclear power plants
IX.Sta4 Comments
A.Sta4 Update: Tree Grant
B.Sta4 Update: Solar Ordinance Passes
C.Sta4 Update: Chloride Pollution Prevention
X.Calendar Of Events
A.2019 EEC Schedule and Roster List
B.2019 Council and Commissions Meeting Schedule
XI.Adjournment
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 ampli8cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Date: January 10, 2019 Agenda Item #: IV.A.
To:Energy and Environment Commission Item Type:
Minutes
From:Casey Casella, City Management Fellow
Item Activity:
Subject:Minutes: Energy and Environment Commission
November 8, 2018
Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Motion to approve the November 8, 2018 Minutes for the Energy and Environment Commission.
INTRODUCTION:
Receive the Energy and Environment Commission Minutes of November 8, 2018.
ATTACHMENTS:
Description
Minutes: Nov 8, 2018
Draft Minutes☒
Approved Minutes☐
Approved Date:
Minutes
City Of Edina, Minnesota
Energy and Environment Commission
Edina City Hall Community Room
Thursday, November 8, 2018, 7:00 PM
I. Call To Order
Chair Jackson called the meeting to order at 7:00 p.m.
II. Roll Call
Answering Roll Call were Chair Jackson, Commissioners Hoffman, Horan, Kostuch, Satterlee, Seeley,
Manser, and Maynor
Late: Fernands, Glahn, Lanzas,
Absent: Hussain
Staff Present: Liaison Brown
III. Approval Of Meeting Agenda
Kostuch made a motion to approve the November 8, 2018 meeting agenda. Manser seconded. All
voted aye. Motion carried.
IV. Approval Of Meeting Minutes
Motion made by Hoffman approve the October 11, 2018 minutes. Motion seconded by Horan. Motion
carried.
V. Special Recognitions and Presentations
A. Water Conservation Review – Nine Mile Creek Watershed District’s Water Management
Plan requires City Local Water Plans to include a commitment to ‘adopt and implement a ground
water conservation policy’. Jessica Vanderwerff Wilson presented water conservation review.
Key messages were:
a. Metro-wide, our reliance on groundwater has grown dramatically over the past 50 years.
In Edina, water usage is declining; a main contributor is efficient fixtures implemented
with new manufacturing standards and plumbing codes.
b. Beyond new technologies, relationship building is seen as a key driver for future
conservation and a focus on the biggest users for the largest return. Staff will begin to
engage with the top 10 water users.
c. Irrigation bans will remain to assist in limiting peak demand on a given day. While there
is opportunity for conservation at an individual homeowner level, staff estimates the
return would be short-lived and not as large as conservation with larger users. For this
reason, staff will continue to respond to irrigation ban infractions on a complaint basis.
d. Discussion around water quality, unknown of the amount groundwater left for future
generations, and preparation for conservation during drought, but no action taken.
Draft Minutes☒
Approved Minutes☐
Approved Date:
VI. Community Comment
None.
VII. Reports/Recommendation
A. Comprehensive Plan Chapter 8 Water Draft
Feedback was compiled for the Water Chapter author. Request to have Chapter 8’s key
measurable goals duplicated in Chapter 10.
B. Comprehensive Plan Chapter 10 Energy and Environment
Finalized changes for Chapter 10 to send to Planning Commission for review and implementation.
Commissioner Glahn left at 8:45 pm
VIII. Correspondence and Petitions
A. Working Group Minutes
• Minutes received from the EBWG Working Group.
IX. Chair And Member Comments
X. Staff Comments
A. Solar Program and Zoning Update
Liaison Brown updated the Commission on the third party and internal review of City’s ordinances,
building and inspections processes, and education to ensure there were no barriers created for a private
individual or company to install PV solar on their property. There will be a public meeting at the
November 11 Planning Commission Meeting for recommended ordinance changes.
Liaison requested that two Commissioners be available for vendor site tours for the future
recycling and organics contracts.
XII. Adjournment
It was noted there were no agenda topics for next month’s meeting.
Motion made by Seeley to cancel the December 13, 2018 meeting at 7 p.m. Motion seconded by
Lanzas. Motion carried.
Motion made by Hoffman to adjourn the November 8, 2018 meeting at 9:05 p.m. Motion
seconded by Seeley. Motion carried.
Respectfully submitted,
Tara Brown
Liaison to Energy and Environment Commission
Draft Minutes☒
Approved Minutes☐
Approved Date:
Date: January 10, 2019 Agenda Item #: VI.A.
To:Energy and Environment Commission Item Type:
Other
From:Tara Brown, Staff Liaison
Item Activity:
Subject:2019 EEC Work Plan Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
ATTACHMENTS:
Description
2019 EEC Work Plan
Work Plan Memo
Approved by Council 12/4/18 ENERGY AND ENVIRONMENT COMMISSION Commission: Energy and Environment Commission 2019 Annual Work Plan Initiative # 1 Council Charge (Proposed Charge Completed by CM) ☐☐☐☐ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☐☐☐☐ 3 (Review & Recommend) ☒☒☒☒ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) Initiative Type: ☐ New Initiative ☒ Continued Initiative ☐ Ongoing Responsibility ☐ Funds available Funds are available for this project. ☒ Staff Liaison: Hrs_8 ☐ CTS (including Video) ☒ Other Staff: Hrs_16__ Promote residential curbside organics recycling by attending local events. ☒ Funds not available Lead Commissioners: Seeley Progress Report: Initiative # 2 Council Charge (Proposed Charge Completed by CM) ☐☐☐☐ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☐☐☐☐ 3 (Review & Recommend) ☒☒☒☒ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) Initiative Type: ☒ New Initiative ☐ Continued Initiative ☐ Ongoing Responsibility ☒ Funds available Funds are available for this project. ☒ Staff Liaison: Hrs_60_ ☒ CTS (including Video) 62hrs ☐ Other Staff: Hrs_____ Review and establish an annual Business Recognition Program Award and consult with members of the Human Rights Commission who coordinate the Tom Oye Award. ☐ Funds not available Lead Commissioners: Horan Partners: Energy & Environment Commission [LEAD] and Human Rights & Relations Commission [Consult] Progress Report: Initiative # 3 Council Charge (Proposed Charge Completed by CM) ☐☐☐☐ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☒☒☒☒ 3 (Review & Recommend) ☐☐☐☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison)
Approved by Council 12/4/18 ENERGY AND ENVIRONMENT COMMISSION Initiative Type: ☒ New Initiative ☐ Continued Initiative ☐ Ongoing Responsibility ☒ Funds available Funds are available for this project. ☒ Staff Liaison: Hrs_40_ ☐ CTS (including Video) ☒ Other Staff: Hrs_8___ Review and recommend a building energy benchmarking policy ☐ Funds not available Lead Commissioners: Jackson Progress Report: Initiative # 4 Council Charge (Proposed Charge Completed by CM) ☒☒☒☒ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☐☐☐☐ 3 (Review & Recommend) ☐☐☐☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) Initiative Type: ☒ New Initiative ☐ Continued Initiative ☐ Ongoing Responsibility ☐ Funds available Funds are available for this project. ☒ Staff Liaison: Hrs_6_ ☐ CTS (including Video) ☒ Other Staff: Hrs_16_ Study and report on pollinator resolution. ☒ Funds not available Lead Commissioners: Horan Progress Report: Initiative # 5 Council Charge (Proposed Charge Completed by CM) ☒☒☒☒ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☐☐☐☐ 3 (Review & Recommend) ☐☐☐☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) Initiative Type: ☒ New Initiative ☐ Continued Initiative ☐ Ongoing Responsibility ☐ Funds available Funds are available for this project. ☒ Staff Liaison: Hrs_32☐ CTS (including Video) ☒ Other Staff: Hrs_20_ Study and report about timeline and parameters recommendation for a Climate Action Plan including the city’s leadership role ☒ Funds not available There are not funds available for this project (explain impact of Council approving initiative in liaison comments). Lead Commissioners: Satterlee Progress Report: Parking Lot: (These items have been considered by the BC, but not proposed as part of this year’s work plan. If the BC decides they would like to work on them in the current year, it would need to be approved by Council.) Increase street sweeping, water quality improvements and conservation actions
Approved by Council 12/4/18 ENERGY AND ENVIRONMENT COMMISSION Education and outreach events, Green building policy, Pass an enhanced tree ordinance City owned building energy efficiency
December 5, 2018
Commission Staff Liaisons
MJ Lamon, Community Engagement Coordinator
Commissions 2019 Proposed Work Plan Review
Information / Background:
City Council approved the 2019 work plans on December 4, 2018. Work plans will begin January 1, 2019.
Work plans will look different than what was originally proposed. Work plan changes were based on Council
and staff feedback and the following considerations:
1. Racial Equity Work Plan
The City’s Racial Equity Implementation plan identifies several recommendations commissions can
support. These initiatives were added to work plan as assigned.
2. Realistic Workload
The Racial Equity work plan increased the work of commissions in 2019. Some initiatives were
removed or moved to another commission work plan to accommodate commission work load.
3. Role Clarification
Commissions are advisory to Council and their work plans should consist of the work they intend to
complete in the upcoming year. Language changes were made to clarify role of the commission and
eliminate misunderstanding the intent of the initiative.
Another common thread on commission work plans is the establishment of Cross-commission Committees.
Several of the initiatives involve partnerships between commission members. A “lead” commission has been
identified for each initiative along with the supporting commission(s).
Cross-commission Committee Roles:
1. Lead Commission Role
• Chair/co-chair committee
• Determine committee size (working group, if applicable)
• Give final approval of the committee’s work or recommendation
STAFF REPORT Page 2
2. Supporting Commission(s) Role:
• Serve on the cross-commission committee in the number capacity requested by the lead
commission
• Support the work to complete the initiative
• Entire commission body does not need to “approve” the final work of the committee
Cross-commission committee work flow:
1. Lead Commission
a) Appoint members (cannot exceed quorum)
b) Determine chair/co-chair
c) Determine committee size, working group if applicable
2. Lead Commission connects with Supporting Commission(s)
3. Supporting Commission(s)
a) Appoint members to cross-commission committee as requested by lead commission
b) Report back to commission on behalf of the cross-commission committee and solicit
feedback as necessary
c) Support the work to complete the initiative, but supporting commissions will not be asked to
“approve” the work of the committee
4. Cross-commission committee
a) Completes work
5. Lead Commission
a) Gives final approval of the committee’s work
MJ Lamon, Community Engagement Coordinator is available to support the work flow of the
cross-commission committees. Please reach out to me anytime!
Date: January 10, 2019 Agenda Item #: VI.B.
To:Energy and Environment Commission Item Type:
Other
From:Casey Casella, City Management Fellow
Item Activity:
Subject:Greater Southdale District Plan Consideration Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Commissioners should consider the ideas presented in the suggestion for revision. Staff will gather the comments
from the discussion.
INTRODUCTION:
The attached document details a suggestion for revision from a Planning Commissioner to the Greater Southdale
District Plan. T he Planning Commission recommended the suggestions be included in the implementation section
of the Southdale District P lan. Council Member Staunton has referred the suggestion to be reviewed by the
Energy and Environment Commission (as well as the Transportation Commission). Commissions should host a
discussion on the suggestion and staff will report back to the Council Member and P lanning Commission staff.
Staff will give a verbal update of the Transportation Commission's feedback.
ATTACHMENTS:
Description
Greater Southdale Plan Suggestion for revision 1.7.2019
Date: January 10, 2019 Agenda Item #: VII.A.
To:Energy and Environment Commission Item Type:
Minutes
From:Casey Casella, City Management Fellow
Item Activity:
Subject:Working Group Minutes Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
Receive minutes from EEC working groups.
ATTACHMENTS:
Description
Minutes: EOWG, Sept 6, 2018
Minutes: EOWG, Dec 6, 2018
Working Groups and Subcommittees List Jan 2019
Minutes
Education and Outreach Working Group
Energy & Environment Commission
Edina City Hall, Mayor’s Conference Room
I. Call to Order: September 6, 2018 at 7:05 pm
II. Attendees: Lauren Satterlee, Amanda Elg, Bob Gubrud
III. Agenda approved
IV. Approve minutes from August meeting
V. Topic Discussed
a. 2018 Events -
● Tabling at a series of events, including kids sports events: Holiday set
of 2 games at Braemar: Nov 3-5, or Dec 27-30. Edina Kids Hockey
Association rather than High School because more teams playing in
former games.
1. Hear outreach updates (Howard outreach to neighbor about
concessions/contacts, Amanda outreach to booster clubs for
roster [[will connect practices start up again in the fall]], Paul
outreach to president of Edina Girls Athletic Association.)
2. Budget went to 4th of July Parade. Will need to raise funds if we
want to sell hot chocolate & coffee for sports events. Set up near
check-in table for players we could set up near.
b. 2019 EEC Work Plan - EOWG goals:
● 100 new Windsource or Renewable Connect subscribers
● 150 HES visits (211 subsidies will be available)
○ Additional energy savings actions taken by residents such
as: Xcel Saver Switch, Xcel AC Rewards, CenterPoint
Multi-Family Energy Savings Program, Non-electric
heating efficiency programs (i.e. CenterPoint attic
insulation rebase, Xcel fridge recycling rebate)
○ Adoption of energy efficient options for new home
construction (resources provided by City of Edina permit
office)
● Sign up for solar garden, private solar provider, or home insulation
c. Discuss planning for Home Energy Tour, perhaps in collaboration with SW
suburb commissions around Earth Day 2019. Need to decide, since planning
takes several months.
● Hear outreach updates: (Howard will reach out to Parade of Homes and
builders - City Homes & Great Neighborhood Homes. Lauren research
on other builders and will ask Tara there are flyers given to new permit
grantees. Amanda will ask Kris if he has contacts. Ask builders: Would
they be interested in a gathering to learn about energy efficiency? Do
they have any homes that are part of the Parade of Homes, and if so
about any energy saving measures they’ve done on those homes.)
● Perhaps have a gathering after the tour and discuss, provide
educational materials and potentially have a couple related companies
tabling?
● Lauren will get from Tara list of houses with solar installations.
d. 8:25pm- Review action items, identify one member to follow up with any requests
to Tara.
e. 8:30pm- Close
I. Adjournment: 7:40pm
II. Next Meeting: October 5, 2018, 7:00pm, Mayor’s Room
Minutes
Education and Outreach Working Group
Energy & Environment Commission
Edina City Hall, Mayor’s Conference Room
I. Call to Order: December 6, 2018 at 5:20pm
II. Attendees: Paul Thompson, Bob Gubrud, Carolyn Jackson
III. Agenda approved
IV. Approve minutes from August meeting
V. Topic Discussed
a. Youth updates - Paul shared updates on youth initiatives including activities
planned by Project Earth.
b. 2019 EEC Work Plan (scheduled for final review/approval by Council on 12/4),
opportunities to engage
● Organics Recycling - The EEC will need volunteer help with
community outreach around new organics recycling program .It will be
crucial for students to help with outreach and education widely in the
community, especially since they are already composting at school.
● Business Recognition Award Program - The EEC will need volunteer
help with follow up from surveys distributed to businesses. Technically
savvy students would be helpful for this project.
● Carolyn and Lauren will meet with Tara on December 20th to find a few
dates to offer for a meeting with students either during the winter break
of the schools or in the new year, to help communicate specifics how
they can engage.
VI. Adjournment: 6:15pm
Edina Energy & Environment Commission
Working Groups and Subcommittees
Updated 8/09/18
Business Environmental Working Group – Second Wednesday at 7:00pm - Chair Michelle Horan - mhoran00@gmail.com
Commissioners: Carolyn Jackson and Paul Hussian
Objective: Business energy efficiency and conservation, 30% GHG emission reduction by 2025.
Education & Outreach Working Group – First Thursday at 7:00pm – Chairs Lauren Satterlee lauren.mpls.mn@gmail.com
and Howard Hoffman howard.hoffman@gmail.com Commissioner: Richard Manser, Members: Bob Gubrud, Chuck
Prentice, Mathias Samuel, Paul Thompson, and Kristopher Wilson.
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, communities of
faith, and community organizations to take action to conserve and increase energy efficiency to work towards
30% GHG emission reduction by 2025, to reuse and recycle, and to preserve and enhance our environment.
Merged Residential Energy Efficiency Working Group in 2/8/18
City Operations Energy Efficiency and Conservation Subcommittee – Chair Keith Kostuch Commissioners: Bill Glahn
and Richard Manser
Objective: City Operations energy efficiency and conservation, 30% GHG emission reduction by 2025.
Recycling Solid Waste and Organics Working Group (RSWO) – First Wednesday at 7:00 pm - Chair Melissa Seeley
msee10@me.com Commissioners: Michelle Horan
Objective: Evaluate and monitor the provisions of the recycling, solid waste and organic waste collection
programs in Edina. Evaluate and monitor the reduction in municipal solid waste by residents and businesses in
Edina. Educate the public about recycling, organics and solid waste reduction.
Student Environmental Leadership Council (Subcommittee) – Chair Melissa Seeley - Student Members: Maddy Fernands
and Natalie Swanson 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.
Date: January 10, 2019 Agenda Item #: VIII.A.
To:Energy and Environment Commission Item Type:
Other
From:Keith Kostuch, EEC Commissioner
Item Activity:
Subject:Advisory Communication: Maintaining reliable GHG-
free electrical power by supporting removal of MN
ban on new nuclear power plants
Action
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Vote on sending the advisory communication to Council.
INTRODUCTION:
Commissioner Kostuch is bringing forward an advisory communication to Council in support of GHG-free
electrical power and reliability through support of removing a Minnesota ban on new nuclear power plants.
Please see the attached advisory communication.
ATTACHMENTS:
Description
Advisory Communication: Maintaining reliable GHG-free electrical power by supporting removal of MN ban on new nuclear power plants
Date: 10 January 2019
To: Edina City Council
From: Energy & Environment Commission
Subject: Maintaining reliable, GHG-free electrical power by supporting removal of
Minnesota ban on new nuclear power plants
Action
Requested: Council to lobby state government to repeal ban on new nuclear power plants
Situation:
Edina and Minnesota have made commitments to reduce green house
gas (GHG) output. Electricity from non-GHG sources is critical to that
effort. Minnesota’s 2 nuclear power plants are reaching the end of
their lifespans and planning must begin on replacing them with “always
on”, GHG-free electrical generating capacity.
---------------------------
Background:
Minnesota has for decades had a ban on the construction of new
nuclear reactors for electricity production (MSA 216B.243 in 1994)
Despite this ban, Xcel Energy reports that 29% of the electricity
produced in its Upper Midwest region came from its 2 nuclear power
plants in 2017.
This compares with 18% from wind, 10% hydro and biomass and 1%
from solar after 2 decades of effort to create renewable power
sources.
If the 2 aging Xcel nuclear generators are retired in the 2030s,
Minnesota will need new, constantly dispatchable electrical power
generation sources.
Barring a massive and currently unforeseen technological breakthrough
in electricity storage at utility scale (i.e., hundreds of megawatts for 5+
days) at reasonable cost, these reactors will be replaced by GHG
emitting electrical generation assets.
This is exactly what has occurred in Germany and Japan in recent years
when they closed their nuclear power plants. Both countries have
increased their GHG emissions (unlike the US), in great part due to
greater use of coal-fired electrical power plants to replace the nuclear
power plants.
Page 2
Minnesota has the opportunity to be a world leader in the development
of next generation GHG free nuclear power (e.g., small modular
reactors, thorium reactors, etc.)
Recommendation:
The City of Edina should lobby the Minnesota state
government to repeal the ban on new nuclear electrical
generation plant in order to replace Minnesota’s existing but
ageing reactors with new GHG free, always available nuclear
power plants.
Date: January 10, 2019 Agenda Item #: IX.A.
To:Energy and Environment Commission Item Type:
Other
From:Tara Brown, Sustainability Coordinator
Item Activity:
Subject:Staff Update: Tree Grant Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
In December 2018, City Staff submitted a Healthy Tree Canopy Grant Application for Affordable Housing to
Hennepin County. Liaison Brown will give a verbal update about the grant.
ATTACHMENTS:
Description
Information on HC Tree Grant
Healthy Tree Canopy Grants
Healthy Tree Canopy Grants were established to help communities make positive changes in the tree canopy and engage residents in taking action to protect trees.
Application guidelines for affordable
housing properties
Goals
• Assist eligible recipients in planning, preparing for, and managing destructive invasive
insect and diseases such as emerald ash borer or Asian long-horned beetle, establishing tree care activities such as planting and pruning, and increase current tree diversity.
• Educate the public about the importance of trees and engage them in taking actions to protect trees.
• Increase the diversity and resiliency of the tree canopy, accommodate new species that
are well-adapted to our changing climate, and recognize that trees are assets that require regular maintenance and provide significant benefits.
• Align with Hennepin County efforts to reduce persistent disparities in health, income, and employment among its residents. County-wide data analysis has identified a
correlation between tree canopy deficient areas and concentrated areas of disparities. Tree canopy improvements play a role in disparity reduction because trees improve air quality by intercepting particulates and other pollutants, reduce stormwater runoff, provide shade that mitigates excessive heat events and reduces energy consumption, and increases property values.
Eligible applicants
Grants for tree planting are available to new and existing affordable housing properties. Eligible applicants include owners and managers of existing affordable multifamily housing, developers of new affordable multifamily housing, and affordable housing land trusts.
For the purposes of this grant, affordable housing is defined as rental housing with at least 20 percent of units income- and rent-restricted at or below 60 percent of area median income (AMI), or land trusts with homes affordable to residents at or below 80 percent of AMI. Owners of individual single-family residential properties are not eligible applicants for this program.
Guidelines
Eligible applicant Developers, owners, or managers (with owner’s approval) of multifamily rental property with at least 20 percent of the units meeting either of the following criteria:
• The units are subject to a project-based Section 8 housing assistance payments (HAP) contract
• The units are subject to 60 percent or less of AMI rent and income restrictions under the terms of financing provided by a unit of federal, state, or local government (as evidenced by a document recorded against the property)
Single-family land trusts with homes affordable to residents at or below 80 percent of area median income (as evidenced by a Ground Lease recorded against the property)
Applicants must also meet at least one of the following conditions to be eligible:
• Have ash trees on their property
• Have enough space to plant at least 10 trees
• Have trees on the property that may pose a hazard
Eligible projects Tree removal and tree plantings on affordable housing properties.
Eligible expenses • Contracted ash tree removals using an International Society of Arboriculture (ISA)-certified arborist (replacements required)
• Tree plantings that exceed minimum city tree planting requirements for new developments
• Tree installation contractor costs that are supervised by an ISA-certified arborist
• Tree plantings that involve volunteers and use best planting practices
• Tree species from county’s approved planting list
• First year of tree maintenance (e.g., watering, pruning, mulching, staking) for trees planted using grant funds
• Planting supplies, such as water bags, grow tubes, bark protection, stakes, shovels, rakes, mulch, compost, top-soil, and rentals
Ineligible expenses • Tree removals without replacement
• Invasive plant removal (e.g., buckthorn, garlic mustard)
• Projects that plant unapproved tree species (e.g., green ash, Amur maple) that are not on the county’s approved tree list
• Land clearing
• Stump removal not for the purpose of creating planting space
• Purchase of non-tree plant material (e.g., perennial or annual plants)
• Tree work performed by a non-ISA certified contractor
• Purchase and planting of ball and burlap tree stock
• Insecticide treatments
• Tree stock over 2” diameter at breast height
• Staff time
Amount of funding available Minimum amount of $1,000 up to a maximum amount of $20,000.
Matching funds A 25% match of the granted amount is required. For example, a $5,000 grant would need a $1,250 match.
Eligible in-kind costs include:
• Tree and stump removals when paired with new tree replacement
• Initial systemic insecticide treatments for emerald ash borer
Project timeline 12 months
Reporting requirements Submit a work plan with key tasks, timeline, site plan, responsibility, and budget for completing project.
Submit a final report with project outcomes and documentation of expenses, such as receipts, invoices, time sheets, etc.
Grant agreements and payments Organizations would enter into a formal agreement with the county. All costs will be incurred up front by the grantee and will be reimbursed by the county no more frequently than monthly upon receipt of documentation of expenses.
Project selection criteria
The application review committee will evaluate projects based on:
• Current community tree canopy cover and need, based in part on a comparison of the
project location with tree planting priority areas as identified by Hennepin County
• Plantable space and local impact
• Long-term impacts and overall sustainability of the project/maintenance plan
• Demonstrated match commitment
Timeline
• Proposals due: December 10, 2018
• Hennepin board approval: February 2019
• Project completion: within 12 months of contract execution
How to apply
Applicants are encouraged to contact the county for feedback on project ideas and application
process.
Apply in the Hennepin County Supplier Portal. All documents can be found in Supplier Portal.
Learn more at hennepin.us/trees or contact trees@hennepin.us with questions.
Terms
This application is an invitation for applicants to submit a request to the county to receive a Tree Canopy
Grant and not a confirmed grant award. Submission of an application shall neither obligate nor entitle an applicant to enter into a contract with the county. The county will consider all the material submitted by
the applicant to determine whether the applicant’s offer is in compliance with the terms and conditions set forth in this application. Applications that do not comply with the provisions in this application may be considered nonresponsive and may be rejected.
The county reserves the right to determine, in its sole and absolute discretion, whether any aspect of the applicant’s offer satisfactorily meets the criteria established in this application, the right to seek clarification from any applicants, the right to request additional information during the evaluation period,
the right to negotiate with any applicants whether or not they submitted an application, the right to reject any or all applications with or without cause, the right to waive any irregularities or informalities in an application, the right to award multiple contracts to applicants and/or the right to award a contract to an
entity that did not submit an application.
All contracts recommended by Hennepin County Environment and Energy are advisory only, subject to approval by the Hennepin County Board of Commissioners.
This application is not a binding contract on either party. By submitting this application the landowner(s) agree to grant Hennepin County representative(s) permission to visit the parcel and to provide other
ownership and title documents requested by Hennepin County during the evaluation period.
Date: January 10, 2019 Agenda Item #: IX.B.
To:Energy and Environment Commission Item Type:
Other
From:Casey Casella, City Management Fellow
Item Activity:
Subject:Staff Update: Solar Ordinance Passes Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
Commissioners were briefed at the November 2018 EEC meeting about an ordinance staff was working on to
remove barriers to solar developing in the Zoning Code. The Ordinance passed in final form at the December 18,
2018 City Council Meeting. Attached is the final copy of the ordinance.
Casey Casella will give a verbal update.
ATTACHMENTS:
Description
Ord 2018-18 Solar Zoning
Existing text – XXXX
Stricken text – XXXX
Added text – XXXX
Text Added Since 12/4/2018 Council Meeting - XXXX
ORDINANCE NO. 2018-18
AN ORDINANCE AMENDMENT REGARDING
SOLAR ENERGY REGULATIONS
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Chapter 36, Article I., Section 36-10 is amended to add the following:
Sec. 36-10 – Definitions.
Solar Energy System: An energy system that consists of one or more solar collection devices,
solar energy related “balance of system” equipment, and other associated infrastructure with
the primary intention of generating electricity, storing electricity, or otherwise converting solar
energy to a different form of energy. Solar energy systems may generate energy in excess of
the energy requirements of a property. Solar Energy Systems cannot exceed building height
requirements. Residential roof-mounted solar energy systems cannot exceed two feet above
the rooftop to which it is attached. Commercial, flat-roof-mounted solar energy systems
cannot exceed four feet from the roof to which it is attached to.
Section 2. Chapter 36, Article XII., Section 36-1269 (General Requirements Applicable to all
Districts) is amended as follows:
Sec. 36-1269. - Energy collection systems setbacks and as a permitted accessory use.
Facilities and equipment designed for the collection of solar energy or wind energy shall
maintain the same setbacks as are required for principal buildings or structures and shall
not be located within the front yard. Solar Energy Systems are permitted accessory uses
in all zoning districts.
Section 3. Chapter 36, Article XII., Section 36-1457, Subdivision III (Screening) is amended
as follows:
Sec. 36-1457. - Required.
The following uses shall be screened in accordance with the requirements of this subdivision
with the exception of Solar Energy Systems. Solar Energy Systems are exempt from screening
requirements.
Existing text – XXXX
Stricken text – XXXX
Added text – XXXX
Text Added Since 12/4/2018 Council Meeting - XXXX
2
(1) Nonresidential principal buildings or structures, and any building or structure
accessory thereto, shall be screened from lots in the R-1 district which are used for
single dwelling unit buildings and which are located within 200 feet of the
nonresidential use. The distance shall be the shortest distance between the
nonresidential building or structure to be screened and the nearest lot line of the R-1
district lot, but shall not extend across a street;
(2) Principal buildings or structures, or any building or structure accessory thereto,
located in the Planned Industrial District or Planned Commercial District shall be
screened from lots used for any residential purpose which are located within 200 feet.
The distance shall be the shortest distance between the PID or PCD building or
structure to be screened and the nearest lot line of the residential lot, but shall not
extend across a street;
(3) Off-street parking facilities containing six or more spaces and all loading
facilities shall be screened from streets located within 50 feet, and from lots which are
used for any residential purpose which are located within 50 feet. Said distance shall
be the shortest distance between the parking facility or loading facility and the nearest
part of the street or the nearest lot line of the residential lot;
(4) Trash storage facilities, including recycling storage facilities, shall be screened
from all lot lines and public road rights-of-way; and
(5) All mechanical equipment accessory to any building, except single dwelling unit
and double dwelling unit buildings, shall be screened from all lot lines and streets.
Section 4. This ordinance is effective immediately upon passage and publication.
First Reading: December 4, 2018
Second Reading:
Published:
ATTEST:
__________________________ ___________________________
Sharon Allison, City Clerk James B. Hovland, Mayor
Please publish in the Edina Sun Current on:
Send two affidavits of publication.
Bill to Edina City Clerk
Date: January 10, 2019 Agenda Item #: IX.C.
To:Energy and Environment Commission Item Type:
Other
From:Jessica Vanderwerff Wilson, Water Resources
Coordinator Item Activity:
Subject:Staff Update: Chloride Pollution Prevention Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
The City of Edina convened a diverse advisory committee of service providers, property managers, and other
interested representatives to develop a model contract for snow and ice management services. The main focus of
this work was to offer a model contract that embraces best practices to minimize environmental impacts from
sand, chlorides and other chemicals, while also maintaining safety and addressing liability risk allocation. The
model was developed as a way to move the private industry forward in smart salting. To the best of their
knowledge, this is the first snow and ice services contract to include best practices concepts as an element of
professional snow and ice management. T he project was initiated and championed by a Master Water Steward.
The model contract, cover letter, and explanatory memo for chloride pollution prevention are
attached. Additionally, the Communications Department recently issued this Salt Use Public Service
Announcement https://www.youtube.com/watch?v=pYm1aTn_AgE
Casey Casella will give a verbal update.
ATTACHMENTS:
Description
Model Contract - Chloride Pollution Prevention
Cover Letter - Chloride Pollution Prevention
Explanatory Memo - Chloride Pollution Prevention
Page 1 of 10
CONTRACT FOR SNOW AND ICE MANAGEMENT SERVICES
Updated November 15, 2018
This contract (“Contract”) is entered into by and between [contractor company] (“Contractor”)
and [name of property owner] (“Owner”) on this [date] day of [month], [year], for [property
description] (“Site”).
The following terms apply to Contractor’s use of anti-icing, de-icing, and traction enhancing
materials and methods (together, “snow and ice management materials and methods”) to
complete all snow and ice management services (“Services”) specified in the Scope of Work
(Exhibit A).
1. DESCRIPTION OF SERVICES
a. Contractor will provide the management, supervision, workforce, equipment, and
supplies necessary to provide the Services expected to commence on or about [month,
day, year] in conformance with the Level of Service Agreement (Exhibit B).
b. Contractor will exercise judgment as to snow and ice management materials and
methods, including when application of materials is appropriate, choice of
material, method of application and application rates. In making these decisions,
Contractor in its judgment will consider, among other things, weather
conditions, traction needs, cost, and damage to surfaces, infrastructure and
vegetation from de-icing materials.
c. Snow and ice management materials contribute pollutants including sand and
chlorides to the environment. Chloride accumulates in the environment, and
high chloride levels: (a) are harmful to fish and other freshwater aquatic life; (b)
may impair groundwater and drinking water supplies; and (c) may cause injury
to infrastructure and vehicles, plants, soil, pets and wildlife. Sand may affect
surface water habitat and may increase public cost by accumulating in
downstream conveyances and basins. Chemicals and nutrients from other de-
icing materials also negatively impact the environment.
d. In recognition of these concerns, Contractor provides the Services relying on
Best Practices described in section 5.
e. Contractor and Owner intend that the Services provide for reduced
environmental and property damage impact from de-icing activities while
achieving the same level of service and effectiveness for safe movement of
persons and vehicles that would be achieved without use of the approach
described in section 5. Contractor and Owner will agree on a Level of Service
Page 2 of 10
based on a site assessment. Contractor and Owner rely on the authority and
findings of the resources described in section 5, and on the Contractor’s Smart
Salting training and certification in Best Practices, for their conclusion that the
use of Best Practices under this Contract will achieve equivalent service and
effectiveness.
2. PRICING AND PAYMENT
Contractor’s pricing for the Services reflects Contractor’s use of Best Practices.
Contractor and Owner will discuss the elements of this Contract prior to a pricing
determination.
a. PRICING
i. Per visit charge [if relevant]:
ii. Per application charge: Contractor bills Owner for application of salt and
other deicing materials based on usage of those materials which may not be
used during every site visit.
b. PAYMENT
i. Payment for Services is due to Contractor [payment schedule].
ii. Pricing terms for the Services are as follows: [insert]
iii. The following is an itemized description of the price increases and
decreases associated with the use of Best Practices: [insert]
3. SERVICE TERM
Contractor will provide all management, supervision, labor, equipment, materials, tools
and supplies to provide the Services from [dates of service].
4. SNOW REMOVAL
a. TRIGGER DEPTH
b. PLOWING/SHOVELING
c. BLIZZARDS, HEAVY SNOW, WIND
Page 3 of 10
5. USE OF BEST PRACTICES TO LIMIT ENVIRONMENTAL IMPACT AND
VEGETATION/STRUCTURE DAMAGE
a. BEST PRACTICES STANDARD
i. Contractor relies on Best Practices which include the following:
- Responsible application of appropriate material at the proper amount
and rate;
- Employment of the correct procedure(s) for the temperature and
conditions;
- Accurate, regular record keeping and data recordation;
- Responsible storage of deicing materials, salt, and snow;
- Regular calibration of equipment; at a minimum once annually;
as more fully explained in these resources and updates to these resources:
- Minnesota Pollution Control Agency Smart Salting Level 1 and Level
2 certification, training materials, and resources;
- Winter Parking Lot and Sidewalk Maintenance Manual (Minnesota
Pollution Control Agency, 2015);
- Minnesota Snow and Ice Control Field Handbook for Snowplow
Operators (MnDOT, 2012);
- Smart Salting Assessment Tool (SSAt) (Minnesota Pollution Control
Agency);
- Snow and Ice Management Association’s Best Practices Checklist;
that together outline an approach to de-icing intended to reduce the use
of chloride-containing de-icing materials, and reduce the discharge of
chlorides and solid materials from the Site, in order to limit off-site
environmental impacts and surfaces and infrastructure damage on and
off-site from the de-icing activity, and that together are referred to in this
contract as “Best Practices.”
ii. Contractor will perform the Services in accordance with Best Practices.
In performing the Services, Contractor will use its experience, training
and professional judgment to incorporate Best Practices to the fullest
extent appropriate under site conditions and weather circumstances.
Contractor and Owner intend that the Services provide for reduced
environmental and property damage from de-icing activities while
achieving equivalent safety and level of service outcomes to those that
would be achieved without utilizing Best Practices.
iii. In incorporating Best Practices, Contractor will maintain compliance
with ADA compliance requirements. Contractor will perform the
Services so that, in its judgment, effectiveness in addressing slippery
conditions is not reduced from that which would be achieved absent the
use of Best Practices.
Page 4 of 10
b. CONTRACTOR TRAINING
i. A delivery of Services that involves a deicing decision or action will be
reviewed by a Contractor representative who has current certification in
lower salt-use strategy training from the Minnesota Pollution Control
Agency Level 1 Smart Salting certification program. Contractor is
Minnesota Pollution Control Agency Level 2 Smart Salting certified and
its certification is current. A list of currently certified contractors is
available on the Minnesota Pollution Control Agency Smart Salting
training website.
ii. Contractor will provide Owner with information about the Minnesota
Pollution Control Agency’s Smart Salting certification list on which
Contractor is included as a currently certified contractor.
c. DOCUMENTATION
i. In addition to other documentation requirements of this contract,
Contractor will document its de-icing operations so as to demonstrate use
of Best Practices. This includes time; area serviced; Services provided;
de-icing materials used; application rate or quantity; and storm event
pavement temperature and precipitation rate.
ii. Contractor will calibrate de-icer delivery equipment at a minimum of
once per year, and provide calibration records on Owner’s request.
d. OWNER’S OBLIGATIONS
i. Before November 1 of the contract year, Owner will give Contractor a
Site map indicating locations of Site storm drains, and Site locations
where water collects or discharges from downspouts or surfaces onto the
Site surface.
ii. Owner will inspect Site lighting on a regular basis between November 1
and April 30, and will replace non-functioning lighting within a week of
inspection.
iii. On its own discovery or at Contractor’s request, Owner promptly will
place signage of appropriate size and visibility to warn of localized
conditions that are susceptible to becoming or remaining more slippery
than the Site as a whole.
iv. On learning of same, Owner promptly will inform Contractor in writing
of slip and fall, vehicle accident or other occurrence of injury or property
damage in which slipperiness may have been a factor.
v. Owner acknowledges that salt and de-icing materials can result in
damage to on- and off-site property, surfaces, and infrastructure.
Page 5 of 10
e. COMMUNICATION
i. Each party will provide the other with contact names and telephone numbers
of one or more authorized representatives who will be official contracts
regarding the Services.
ii. Contractor will maintain a service call record that will remain available to
Owner for review at any time.
6. DUTY OF CARE
a. Contractor will perform the Services with due care and in accordance with training
obtained under paragraph 5.b, above.
b. Notwithstanding paragraph 1.e, above, a determination that the Services,
incorporating Best Practices, were less effective for the safe movement of
persons and vehicles than if Best Practices had not been used, does not mean
that Contractor or Owner failed to exercise due care.
c. Contractor will seek to minimize noise in performing the Services but is not
responsible for eliminating noise associated with performance of the Services.
d. Contractor will not perform Services where, in its judgment, damage to vehicles
parked within the area to be serviced may result. Contractor is not responsible for
snow and ice conditions on portions of the Site that could not be serviced due to the
presence of vehicles or structures preventing adequate access.
e. Owner recognizes that Contractor exercises judgment as to ice management
materials and methods, including when application of material is appropriate,
choice of material, method of application and application rates. In making these
decisions, Contractor in its judgment considers, among other things, weather
conditions, traction needs, cost and damage from materials to surfaces,
infrastructure, and vegetation. The Contract states Owner’s recognition that
snow removal and ice management services will not necessarily result in bare
pavement or sidewalks.
f. Owner will not claim that Contractor has violated or breached this contract by
giving consideration to pollutant or public infrastructure impacts in its ice
management materials and methods, unless Contractor has deviated
substantially from Best Practices. In any claim, dispute or proceeding
concerning damage or injury to Owner or any third party, Owner will not claim
that Contractor has violated a duty of care or any other applicable legal
standard by giving consideration to pollutant or public surfaces and
Page 6 of 10
infrastructure impacts in its ice management materials and methods, unless
Contractor has deviated substantially from Best Practices.
7. CONTRACT TERM
The term of this Contract will be for [length of contract term].
8. SUBCONTRACTORS
Contractor may subcontract services it is obligated to supply, and is responsible for the
acts and omissions of employees, subcontractors and individuals employed by
subcontractors. Nothing in this Contract creates a contractual relationship between any
subcontractor and Owner.
9. PERFORMANCE
Time is of the essence in performance of Services in conformance the Service Level
Agreement. Contractor is not liable for delay caused by Owner or its agents, labor
disputes, Acts of God, or federal, state or local law.
10. INDEMNIFICATION
Contractor will indemnify Owner, and its officers and employees, and hold them
harmless, with respect to all claims, liabilities, damages and costs whatsoever for death or
bodily injury, or property damage, arising out of Contractor’s, or a subcontractor’s,
performance of the Services, including its incorporation of Best Practices, except to the
extent due to Owner’s failure to perform an obligation under this contract, or Owner’s
negligent or willful act.
11. INSURANCE
a. At all times during the performance of the Services, Contractor will have and keep in
force the following insurance coverages:
i. Commercial general liability (CGL): $2.0 million each occurrence and
aggregate, covering work and completed operations. The certificate will
confirm contract liability coverage before any subcontractor is used.
ii. Automobile liability: combined single limit each occurrence coverage for
bodily injury and property damage covering all vehicles, $2.0 million.
b. By means of endorsement or otherwise, Contractor will adequately demonstrate to
Owner coverage for death, injury and property damage claims associated with the
Page 7 of 10
Services sufficiently broad as to encompass all claims for which Contractor is
responsible under this contract.
c. Insurance coverage will be on an occurrence basis. Owner’s deductible under either
policy may not exceed $XXXX. By the effective date of the contract, Contractor will
supply to Owner a certificate of insurance showing the required coverages. The
certificate will name Owner as a holder and an additional insured under the CGL
(Contractor’s work and completed operations) and automotive policies with primary
coverage on a non-contributory basis, and will state that Owner will receive written
notice under the same terms as Contractor before cancellation, non-renewal, or a
change in the liability limit of any described policy. On request, Contractor promptly
will supply Owner an endorsement establishing Owner coverage as an additional
insured as required above.
12. GOVERNING LAW
Contractor will carefully observe all locally prescribed safety regulations, laws, and
practices in performance of the Services. Both parties will fully comply with all Federal,
State, Local, and city laws, regulations and ordinances. The law of the State of Minnesota
governs the parties to this Contract.
13. SEVERABILITY
Should any of the provisions in this Contract be found invalid, illegal, or unenforceable,
such a determination will not affect any other provision in this Contract.
14. TERMINATION
Owner may terminate this Contract for cause by providing Contractor written notice to
terminate with at least 30-day notice. Contractor may terminate this agreement for cause
by providing Owner with written notice to terminate with at least 30-day notice. After
termination, Contractor has no further obligation to provide the Services. Termination by
Contractor does not affect any remedy or remedies for payment to which Contractor is
legally entitled. Owner will pay all costs and expenses including reasonable attorney’s
fees incurred or expended by Contractor to collect sums due from Owner and to
otherwise enforce the provisions of this Contract. Upon termination, Contractor will
adjust the final billing to Owner to reflect all unpaid costs.
Page 8 of 10
15. ENTIRE AGREEMENT
This Contract, including all exhibits and amendments signed and incorporated herein,
constitute the entire agreement between the parties and supersede any and all other
agreements, either oral or in writing. By signing below, each part acknowledges that
they have read and understand this Contract to constitute the entire agreement between
the parties. Any changes to this Contract are not binding unless they are in writing
and signed by both parties hereto.
IN WITNESS WHEREOF, the parties have caused this contract to be executed by their duly
authorized officers on the dates set forth below.
[Contractor company name] [Owner name]
By: _____________________ By: ______________________
Its: _______________ Its: ________________
Date: ___________________ Date: ____________________
Page 9 of 10
EXHIBIT A
SCOPE OF WORK
Page 10 of 10
EXHIBIT B
LEVEL OF SERVICE AGREEMENT
November 15, 2018
Re: Model Contract for Snow and Ice Management Services
Dear Property Managers and Snow & Ice Services Professionals,
The City of Edina convened a diverse advisory committee of service providers, property managers, and other
interested representatives to develop a model contract for snow and ice management services. The main
focus of this work is to offer a model contract that embraces best practices to minimize environmental impacts
from sand, chlorides and other chemicals, while also maintaining safety and addressing liability risk allocation.
The City of Edina retained Fortin Consulting and the Smith Partners PLLP law firm to form and facilitate this
advisory committee and provide legal counsel to create the model contract and related materials.
To the best of our knowledge, this is the first snow and ice services contract to include these best practices
concepts as an element of professional snow and ice management. The model contract is accompanied by a
memorandum that explains the reasoning of the advisory committee and reviews key provisions. We
recognize that property owners and contractors will adapt and modify this model contract as appropriate to
their business with guidance from their respective attorneys. We hope that this work will assist you in our
larger collective mission of safely managing snow and ice conditions with less impact to our environment and
natural resources.
Sincerely,
Jessica V. Wilson
Water Resources Coordinator
Engineering Department
City of Edina, Minnesota
Snow and Ice Advisory Committee Members
Brooke Asleson MN Pollution Control Agency Larry Johnson Common Bond Communities
Mike Bollinger Urban Landworks Patrick McGuiness MN Nursery and Landscape
Association
Dustin Burns State of Minnesota Steve Mura Barrett Lawn Care
Zach Eliason Frauenschuh Commercial
Real Estate
Sue Nissen Stop Over Salting
Ryan Foudray Prescription Landscape Joby Nolan Precision Landscaping
Eric Hansen Colonial Church Greg Shaughnessy Maple Crest Landscape
Erik Hays Wooddale Church Erica Sniegowski Nine Mile Creek Watershed
District
Randy Holst Stop Over Salting Martin Tirado Snow and Ice Management
Association
William Hultberg Metropolitan Council Jessica Wilson City of Edina
Advisors: Fortin Consulting; Smith Partners PLLP
MODEL SNOW & ICE MANAGEMENT CONTRACT
EXPLANATORY MEMORANDUM
November 1, 2018
Updated November 15, 2018
Introduction and Summary
The City of Edina convened a diverse advisory committee of service providers, property managers, and
other interested representatives to develop a model contract for snow and ice management services.
The main focus of this work is to offer a model contract that embraces best practices to minimize
environmental impacts from sand, chlorides and other chemicals, while also maintaining safety and
addressing liability risk allocation. The City of Edina retained Fortin Consulting and the Smith Partners
PLLP law firm to form and facilitate this advisory committee and provide legal counsel to create the
model contract and related materials.
Advisory committee members included representatives from the Snow and Ice Management Association
(SIMA), Minnesota Nursery and Landscape Association (MNLA), the Minnesota Pollution Control Agency,
State of Minnesota Department of Administration, Metropolitan Council, City of Edina, services
contractors, property managers, and active citizens. A complete list of Advisory Committee members
follows this memorandum. The committee held three meetings at Edina City Hall, on August 28,
September 27 and November 1, 2018.
The model contract highlights certain terms in bold type to allow for a contractor to use best practices
to limit the movement of chlorides, nutrients, and sand/sediments into public stormwater systems and
surface waters. The principal purpose of these terms is to protect both contractor and property owner
from legal risk in the event of an injury or accident that is claimed to be the result of elevating
environmental and materials protection over safety.
The framework has the following components:
Owner and contractor express mutual intent to utilize best practices.
Best practices are defined.
Owner and contractor state their intent that the use of best practices not reduce effectiveness
or safety.
The contract recites the basis for owner and operator to conclude that best practices will not
reduce effectiveness or safety.
Contractor is required to be trained and certified in use of best practices, to document that to
owner, and to use that training so that best practices are properly applied under site-specific
circumstances.
Owner is responsible for certain matters within its control that are relevant to achieving a safe
site.
Contractor documents its use of best practices.
Contractor is responsible for site outcomes, except where owner has not fulfilled its duties.
Explanatory Memorandum – Model Snow & Ice Management Contract
November 2018
2
Contractors are encouraged to adapt and modify the model contract as appropriate to their business
with guidance from their respective attorneys.
Background and Key Elements of Approach
A cursory review of snow and ice management service contracts generally reveals that very few
contracts address the use of best practices and concerns for environmental impacts. Most contracts
take a relatively imbalanced approach to allocating risks, based upon whichever party perceives that it
has the most leverage over these terms. The advisory committee discussed the wide variety of
contractor and property owner resources, education, and philosophy that indicate the challenge in
seeking to develop a single model contract that can serve these multiple scales and settings.
Nevertheless, the advisory committee found that there are several key elements that counsel a smart
and sound approach to safety and environmental stewardship:
Environmental Impacts are Well Known
Materials to maintain or improve surface traction contribute pollutants such as sand and chlorides to
surface waters and to stormwater basins and other facilities, which in turn can increase the cost of
maintaining those facilities. It is important not to use an excess of these materials. Chloride harms fish
and other freshwater aquatic life and also negatively affects infrastructure, vehicles, plants, soil, pets,
and wildlife, as well as impairs groundwater and drinking water supplies. Once in the water, chloride
becomes a permanent pollutant and continues to accumulate in the environment over time. The data
show that salt concentrations are increasing impairments to both surface waters and groundwater
across the state. The Advisory Committee noted that salt is not the only snow and ice management tool
that poses environmental concerns, and opted for the term “negative environmental impacts” rather
than just “chloride” to describe the variety of techniques, nutrients, and pollutants that can create
negative impacts on the environment.
Best Practices are Well Established and Do Not Compromise Safety
The Minnesota Pollution Control Agency’s Smart Salting training and Road Salt Education Program, the
Minnesota Pollution Control Agency’s Smart Salting Assessment Tool (SSAt), the Minnesota Pollution
Control Agency’s Winter Parking Lot and Sidewalk Maintenance Manual, the Minnesota Department of
Transportation’s Minnesota Snow and Ice Control Field Handbook for Snowplow Operators, and the
Snow and Ice Management Association’s Best Practices Checklist are sound guidance resources in the
field. A critical premise in each of these resources is that it is possible to adopt smart practices while still
providing a level of service that maintains safety. It is important also to recognize that these manuals
offer a menu of considerations that should be adapted to each site and circumstance.
Training and Documentation to Build a Presumption of Due Care
The Advisory Committee members agreed on the value of appropriate training in best practices, as well
as the importance of solid documentation of the use of these practices in order to be able to
demonstrate accurately the care taken in service delivery. The Advisory Committee discussed at length
the challenges to training all contractor employees due to the seasonal nature of employment and the
workforce retention challenges within the industry. The Committee determined that, rather than
Explanatory Memorandum – Model Snow & Ice Management Contract
November 2018
3
guaranteeing a trained operator always on site, it is a more appropriate objective that a trained
employee will review each service delivery. Similar workforce concerns led the discussion about what
information should be gathered at each site, and the Committee determined that general site condition
and weather information that conforms to the business practices of contractors—for example, type of
material used, size of area, total material used, and snow removal technique—will be gathered at each
service site, while specific temperature and precipitation details will be recorded at the storm event
level.
Example documentation forms are available in the Minnesota Pollution Control Agency Winter Parking
Lot and Sidewalk Maintenance Manual (2015), pages 38-39.
Property Owners and Managers Play an Important Role
The Committee discussed the importance of training and education for property owners and managers
to realize the value, and play a part in the accountability, of trained snow and ice contractors. The
Advisory Committee also discussed the physical damages of salt to infrastructure and the related
benefits to clients of applying less salt. Smart site design and site assessment can also play a key role in
promoting best practices and reducing environmental impacts.
The following is a section-by-section review of these components in more detail.
Section-by-Section Review
Section 1 - Description of Services
This section briefly reviews the damage that chlorides and other de-icing materials can cause to the
environment and to structural features. Citing to the Best Practices definition in section 5, which
incorporates the authoritative resources of the Minnesota Pollution Control Agency and the Minnesota
Department of Transportation, it defines “Best Practices” to limit the use, and off-site loss, of such
materials. It then references these and other sources for the conclusion that the proper use of Best
Practices does not compromise effectiveness or safety, and affirms the intent of owner and contractor
that equivalent effectiveness and safety will be achieved. The section also states that whether Best
Practices are used or not, contractor necessarily exercises judgment as to how it approaches a particular
site on the basis of site and weather conditions.
This text is intended to serve several purposes, all related to demonstrating that contractor used “due
care” in its work.
First, it documents that contractor and owner have made a conscious and thoughtful choice to
incorporate Best Practices, and that deviation from standard overuse practices is not the result of whim
or inattention. Owners and contractors are encouraged to engage in a joint site assessment of the
property with Best Practices in mind.
Second, it expresses the parties’ intent that doing so not reduce the effectiveness or safety of the
treatment, and the sound basis for their confidence that this will be achieved.
Explanatory Memorandum – Model Snow & Ice Management Contract
November 2018
4
Third, it describes the important reasons to use Best Practices, so that if, in a given situation, there is an
allegation that Best Practices did reduce effectiveness and safety, owner and contractor can point to
these additional considerations and their careful weighing of all of them in making judgments about site
treatment.
Fourth, in emphasizing the role of contractor judgment, it communicates that due care is shown by the
contractor’s exercise of judgment and is not disproven by the fact that an incident resulting in injury or
damage occurred.
Section 2 - Pricing and Payment
The effect of the use of Best Practices on contractor fees may vary. Experience to date is that cost may
be lower, principally due to reduced use of de-icing materials. However, it may be, for example, that
contractors will incur training, recordkeeping, equipment, labor, site visits, or other costs related to
introducing Best Practices into their operations that they will chose to recover through their fees.
We suggest that this section explicitly indicate the pricing impact of the use of Best Practices. Doing so
helps emphasize that deviating from standard approaches is being done by mutual intent and with
forethought. In addition, clarity as to the cost impact encourages the contractor to think through how
Best Practices will be applied at the site and helps establish a knowledge basis in the industry for further
refinement of this approach.
Although the model contract does not contain text on this subject, contractors and owners should keep
in mind that approaches to pricing may create incentives supporting or detracting from Best Practice
principles. For example, pricing de-icing material by quantity used may tend to encourage use of larger
quantities.
Section 5 - Use of Best Practices
Section 5.a defines Best Practices by outlining a list of best practices agreed upon by the Advisory
Committee and a list of explanatory resources that consolidate Best Practices principles and techniques
and that are incorporated into the Best Practices referred to in the model contract. The description
makes clear that Best Practices is not a set of off-the-shelf methods but is, instead, an approach to snow
management and de-icing that consists of applying defined principles to the particular circumstances
presented by each site. This section notes the essential role of contractor judgment, and further states
that contractor will perform its work so that, in its judgment, effectiveness and safety are not reduced.
These, again, serve to manage risk in two ways. First, by stating clearly that Best Practices are not
intended to reduce effectiveness and safety, and that the contractor, applying its judgment, determined
that they did not. Second, by making the case that even if there is a claim that effectiveness or safety
was less than it should have been due to the use of Best Practices, this did not result from a lack of due
care, but from a careful consideration of other legitimate factors such as environmental and materials
impacts.
This section, finally, makes clear that where there are specific requirements arising from the Americans
with Disabilities Act, or from other sources, the use of Best Practices (for example, leaving certain
Explanatory Memorandum – Model Snow & Ice Management Contract
November 2018
5
commercial entrances unmanaged and directing traffic to other entrances) must not prevent
compliance with those requirements.
Section 5.b concerns contractor training and certification. These elements are of critical importance.
The overall approach to managing contractor/owner risk relies on the use of informed contractor
judgment about how to achieve effectiveness and safety at a site without using techniques that
contribute unnecessarily to environmental and materials damage. The basis to rely on the contractor’s
judgment is that the contractor has developed the knowledge of how to approach site management,
and that knowledge is formally demonstrated through training and certification. Therefore, it is very
important for the contract to set a framework that shows not just that the contractor will apply Best
Practices, but that the specific means by which Best Practices is applied at the site will be determined
by, or with the meaningful oversight of, those who have completed the training.
The text requires that the contractor make known to the owner MPCA’s publicly available Smart Salting
training list so that the owner may confirm the training certification claimed by the contractor. This
helps show that the training requirement is not just a way for owner to wash its hands of responsibility,
but is an essential part of the contract arrangement that owner will conscientiously confirm.
This section also will state specifically who doing the work must be trained and/or certified. Because
approaches to work staffing vary among contractors, there is not a singular way to state this. Some
contractors may find it appropriate to have all or most field employees formally trained. Others indicate
that their workforce does not have a longevity such that it is practical to train widely, but that their
training-derived knowledge can be brought to bear by training supervisory personnel. It may make
sense to require formal training, for example, for spreader operators but not for all employees working
at a site. The important thing, again, is that the contract show that the result of training is not just a
certificate to be put in a file, but a route for Best Practices to be applied knowledgeably and thoughtfully
at each site.
Section 5.c states documentation requirements of two types: operations and calibrations.
Operations documentation has two purposes: (a) to allow the contractor to show that it was using Best
Practices, and hence fulfilling the contract (particularly if the contract price is higher due to use of Best
Practices, and particularly if the use of Best Practices means that traditional indicators that service
occurred, i.e., residual deposits of granular de-icer, are not available); (b) to document site conditions
and the contractor’s response to them, thus showing that judgment was used.
Typical operations documentation includes a qualitative description of weather conditions at the site, a
regional temperature and snowfall information, and site-specific quantities of de-icing agents and other
materials applied. In the use of Best Practices, certain other documentation is useful if practicably
feasible. This includes site-specific snow conditions, pavement temperature, and quantities applied not
just to the site as a whole, but to different areas that may merit different approaches. Documentation
may also include notes as to special treatment or tasks (areas left unmanaged by design, collection or
cleanup of unused de-icer).
Calibrations documentation refers principally to annual calibration both of de-icer delivery equipment,
but also may apply to equipment used to take measurements that are important for making Best
Explanatory Memorandum – Model Snow & Ice Management Contract
November 2018
6
Practices judgments. This is documentation that the contractor will want to generate and keep as a
standard business practice. The model contract states that these will be made available to owner on
request; it is not expected that owner normally will be interested in it, but if a question arises between
owner and contractor as to treatment effectiveness, or if there is a claim against owner and contractor
related to an accident or injury, calibration documentation will show conscientiousness and answer
questions about whether otherwise careful decisions were undermined by a faulty delivery system. At a
minimum, calibration should be documented annually and include documentation of the date of
calibration for each type of deicer applied by each piece of equipment.
Section 5.d lists those site management obligations that owner assumes. These concern matters that
owner is better situated to know or do than the contractor, and that are important components of an
overall Best Practices approach to the site.
This includes bringing forward certain information that is relevant to how owner and contractor,
together, form the site approach. Thus, the model contract requires owner, in advance of the snow
season, to give the contractor information as to locations of storm drains, downspout discharges, and
other locations where water tends to collect. This will allow contractor and owner to reach agreement
on how these locations will be managed.
Other obligations are tasks that are complementary to the contractor’s snow removal and de-icing
services, but are within owner’s control. They may be appropriate elements of site management
whether or not Best Practices are being used - such as regular inspection and replacement of lighting.
Or they may be elements of the agreed-on Best Practices approach - such as maintaining signage to
warn of localized conditions or to direct visitors away from unmanaged areas.
This section also states that owner will inform contractor of any incidents of slip and fall, vehicle
accidents or other occurrences where slipperiness may have been a factor. This is a basic requirement
for contractor’s own liability management purposes, and will inform contractor’s ongoing management
of the site.
Section 6 - Duty of Care
The duty of care section is where the party delivering the services assumes the obligation to do so
competently and in accordance with the applicable standards of the industry. This clause gives the party
receiving the services its legal right to a remedy if the work has followed the letter of the contract but
was poorly done. It also shifts responsibility from owner to service provider if, as a result, a third party
has suffered injury or otherwise makes a claim related to the services.
The model contract adds three terms to duty of care to protect the contractor and to manage risk for
both contractor and owner.
The section reaffirms that as a result of the use of Best Practices, the services may not adhere to the
standard model and the result may not look exactly the same. For example, all surfaces may not be
cleaned to bare pavement. The purpose of this language is to protect the contractor against an owner
that signs up for Best Practices but later is dissatisfied with the services, and asserts that it did not get
just the result that it expected, and therefore the contractor did not conform to industry standard or
Explanatory Memorandum – Model Snow & Ice Management Contract
November 2018
7
otherwise meet its duty of care. The text included here is to document in advance the “meeting of the
minds.”
As an extension to this, under a second clause, owner agrees that it will not claim that contractor
violated its duty of care by incorporating Best Practices. More specifically, it will not take this position in
a direct claim against the contractor, nor will not do so in the context of a third-party claim, in an effort
to shift all potential responsibility from itself to contractor.
The clause states that this does not apply where contractor has deviated substantially from Best
Practices. A contractor cannot simply proclaim that it has applied Best Practices as a way to provide
cover for substandard work. It must follow the principles and techniques in the defined reference
sources, must have the training to do that properly, and must document that it has done so. But if it has
done these, it has fulfilled its Best Practices obligations to owner, and owner may not later claim it was
not a part of the understanding.
Finally, a clause states that the failure to achieve equivalent effectiveness and safety does not mean that
contractor and owner failed to use due care. The primary basis of the contract is that Best Practices
does not reduce effectiveness or safety. However, if there were a third-party injury or damage claim,
the claimant might argue that while this was the intent, it was not the result in the particular case. The
contractor and owner would respond that by making careful Best Practices judgments, the contractor
had exercised due care and should not be held legally responsible. This is a belt-and-suspenders
approach to liability management.
Sections 10 and 11 - Indemnification
An indemnification clause is standard to a contract for provision of services. Where claims and losses
are subject to insurance coverage, it is sound and efficient for the contracting parties to have a common
position with a single real party of interest (the insurer) than to have each seeking to shift blame to the
other and potentially weakening the defense of both in the process. Typically the party that is providing
the services assumes the role of the indemnifying party, for the somewhat obvious reason that it is in
the better position to ensure that the work is done properly.
When Best Practices are to be integrated into snow management services, the argument for an
indemnification clause remains, and the argument for the contractor to provide indemnification is
strengthened. Best Practices is a new feature and a bit of a twist on the ordinary delivery of snow
management services. If there are questions as to effects on coverage or premiums, it makes good
sense to place these questions in the hands of those underwriters who write policies for snow removal
services, and not those who issue property owner liability policies.
Complementing contractor’s obligation to indemnify owner, contractor also would be obligated to name
owner as an additional insured under contractor’s policy. This would ensure a consolidation of
contractor/owner defense against any claim and protect owner against a subrogation action by
contractor’s insurer against owner, or owner’s insurer.
Explanatory Memorandum – Model Snow & Ice Management Contract
November 2018
8
Advisory Committee Members
Martin Tirado, Snow and Ice Management Association
Patrick McGuiness, Minnesota Nursery and Landscape Association
Ryan Foudray, Prescription Landscape
Joby Nolan, Precision Landscaping
Greg Shaughnessy, Maple Crest Landscape
Mike Bollinger, Urban Landworks
Steve Mura, Barrett Lawn Care
Zach Eliason, Frauenshuh Commercial Real Estate
Larry Johnson, Common Bond Communities
Eric Hansen, Colonial Church of Edina
Erik Hays, Wooddale Church Eden Prairie
Dustin Burns, Minnesota Department of Administration
William Hultberg, Metropolitan Council
Erica Sniegowski, Nine Mile Creek Watershed District
Brooke Asleson, Minnesota Pollution Control Agency
Jessica Wilson, City of Edina
Sue Nissen, Stop Over Salting
Randy Holst, Stop Over Salting
Advisors
Fortin Consulting
Smith Partners PLLP
Date: January 10, 2019 Agenda Item #: X.A.
To:Energy and Environment Commission Item Type:
From:Casey Casella, City Management Fellow
Item Activity:
Subject:2019 EEC Schedule and Roster List
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
ATTACHMENTS:
Description
2019 EEC Meeting and Roster List
2019 Meetings and Events
Day Date Event Time Location
Thurs Jan 10 Regular Meeting 7:00 pm Community Room
Thurs Feb 14 Regular Meeting 7:00 pm Community Room
Thurs Mar14 Regular Meeting 7:00 pm Community Room
Thurs April 11 Regular Meeting 7:00 pm Community Room
TBD Volunteer Recognition Braemar Golf Course
Tues April 30 BC Member Annual Reception 6:00 pm Braemar Golf Course
Tues May 7 Work Session w/ City Council 5:30 pm Community Room
Thurs May 9 Regular Meeting 7:00 pm Community Room
Thurs June 13 Regular Meeting 7:00 pm Community Room
Thurs July 11 Regular Meeting 7:00 pm Community Room
Thurs August 8 Regular Meeting 7:00 pm Community Room
Thurs Sept 12 Regular Meeting 7:00 pm Community Room
Thurs Oct 10 Regular Meeting 7:00 pm Community Room
Thurs Nov 7* Regular Meeting 7:00 pm Community Room
Thurs Dec 12 Regular Meeting 7:00 pm Community Room
Attendance at Regular Meetings and Rescheduled Regular Meetings are counted towards attendance policy.
*Note: November meeting is the first Thursday in November
Chair and Vice Chair specific meetings
Tues April 30 Chair and Vice Chair Annual Meeting 5:00 pm Braemar Golf Course
Tues Oct 1 Chair Only - 2018 Work Plan Review w/ Council 5:30 pm Community Room
Roster
Name Email
Glahn, Bill billglahn@aol.com
Fernands, Maddy maddyfernands@gmail.com
Hoffman, Howard howard.hoffman@gmail.com
Horan, Michelle mhoran00@gmail.com
Hussian, Paul pahussian@hotmail.com
Jackson, Carolyn
(Chair) bjandcj@aol.com
Kostuch, Keith kostuch.eec@gmail.com
Lanzas, Bayardo blanzas@artaxstudios.com
Manser, Richard
(Vice Chair) richardmanser@icloud.com
Maynor, Chloe chloem20475@isd273.org
Satterlee, Lauren lauren.mpls.mn@gmail.com
Seeley, Melissa msee10@me.com
Brown, Tara (Liaison) tbrown@edinamn.gov
Casella, Casey (City Fellow) ccasella@edinamn.gov
Date: January 10, 2019 Agenda Item #: X.B.
To:Energy and Environment Commission Item Type:
From:Casey Casella, City Management Fellow
Item Activity:
Subject:2019 Council and Commissions Meeting Schedule
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
ATTACHMENTS:
Description
2019 Council and Commissions Calendar
2019 CITY OF EDINA COUNCIL AND ADVISORY COMMISSIONS
MEETINGS, HOLIDAYS, DAYS OF RELIGOUS OBSERVANCE AND ELECTION DATES
Holidays City Council Nite to Unite Pln Comm Trns Comm Pk & Rec Comm
Indicates a religious holiday's observance Election Day HRA HRA Cancel
HP Comm Health Comm Human R/R Comm E& E Comm Arts & Culture Comm
JANUARY FEBRUARY MARCH
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2
6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9
13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16
20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23
27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30
31
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 4 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4
5 6 7 8
14 15 16 17 18
19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15
21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22
28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
30
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11
12 13 14 15 16 17 15 16 17 18 19 20 21
21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28
28 29 30 31 25 26 27 28 29
30 31 29 30
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21
20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23
24 25 26 27 28
27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
OCTOBER NOVEMBER
APRIL MAY JUNE
JULY AUGUST SEPTEMBER
DECEMBER
Adopted City Council Nov. 7, 2018
Revised City Council Nov. 20, 2018
Revised HRA Nov. 29, 2018
Revised 1/2/2019