HomeMy WebLinkAbout2017-04-17 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Monday, April 17, 2017
7:00 p.m.
Council Chambers - Maplewood City Hall
1830 County Road B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval ofMinutes:March 20, 2017
5.New Business
a.Oak Leaf Community Solar Garden Subscription Agreement
b.2040 Comprehensive Plan Steering Committee
6.Unfinished Business
.Urban Agriculture – Zoning Review
7.Visitor Presentations
8.Commission Presentations
a.Commissioner Redmond: Maplewood Climate Change Vulnerabilities Review
9.Staff Presentations
a.Spring Clean Up –April 22
b.All Parks Clean Up – April 22
c.Rush Line Open House – April 27
d.Nature Center Programs
10.Adjourn
Agenda Item 4
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,March 20, 2017
Council Chambers, City Hall
1830 County Road B East
1. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called toorder at 7:00
p.m.by Chair Palzer.
2. ROLL CALL
Keith Buttleman, Commissioner Absent
MaryHenderson, Commissioner Absent
Mollie Miller, Commissioner Absent
Ann Palzer, Chair Present
Ted Redmond, Commissioner Present
Ryan Ries, Vice Chair Present
Tom Sinn, Commissioner Present
Staff Present
Chris Swanson, Environmental & City Code Specialist
3. APPROVAL OF AGENDA
Commissioner Riesmoved to approve the agenda as submitted.
Seconded by CommissionerRedmond. Ayes – All
The motion passed.
4. APPROVAL OF MINUTES
CommissionerRiesmoved to approve the February 23, 2017, Environmental and Natural
Resources Commission meeting minutes as submitted.
Seconded by CommissionerRedmond. Ayes –All
The motion passed.
5. NEW BUSINESS
a.Tennis Sanitation Recycling Collection Annual Review
i.Environmental & City Code Specialist, Chris Swansongave the report for Tennis
Sanitation’s Recycling Collection Annual Review.
ii.Willie Tennis, Tennis Sanitation, addressed and answered questions of the
commission.
1)2016 Recycling Collection Year End Report
2)2017 Recycling Collection Work Plan
Commissioner Redmondmoved toapprove the 2016 Recycling Collection Year End
Report and the 2017 Recycling Collection Work Plan for Tennis Sanitation.
Seconded by CommissionerSinn. Ayes – All
The motion passed.
b.Republic Services Trash and Yard Waste Collection Annual Review
i.Environmental & City Code Specialist, Chris Swanson, gave the report for Republic
Services Trash and Yard Waste Collection Annual Review.
ii.Romack Franklin, Republic Services, addressed and answered questions of the
commission.
1)2016 Trash and Yard Waste Collection Year End Report
2)2017 Trash and Yard Waste Collection Work Plan
CommissionerRedmondmoved toapprove the 2016 Trash and Yard Waste Collection
Year End Report and the 2017 Trash and Yard Waste Collection Work Plan for Republic
Services.
Seconded by CommissionerSinn. Ayes – All
The motion passed.
6.UNFINISHED BUSINESS
None.
7.VISITOR PRESENTATIONS
Nonepresent.
8.COMMISSION PRESENTATIONS
a.Energy Subcommittee Report – Energy Goal Recommendations for the Local
Government Project for Energy Planning (LoGoPEP)
Commissioner Redmond gave an update on the Energy Subcommittee energy goal
report.The report provides some background to establishing an energy goal, the overall
recommendation, as well as a goal vision statement for each of the primary emission
sectors. Also included is a by-the-numbers breakdown of what the goals mean in terms of
actual greenhouse gas emissions and a brief statement about how the City can engage in
planning for and implementing these goals. In summary, the Energy Subcommittee is
recommending the City follow the state energy goal guidelines of reducing greenhouse
gas emissions to 20% of the City’s 2015 baseline levels by 2050 (an 80% reduction).
Commissioner Sinn made a recommendation to approve the energy goals as proposed by
the Energy Subcommittee.
Seconded by Commissioner Ries. Ayes – All
The motion passed.
The Environmental Commission’s recommendation will be forwarded to the Local
Government Project for Energy Planningand will be considered a preliminary goal used to
continue the City’s work on the project. Final energy goals will be reviewed and approved
by the City Council as part of the City’s comprehensive planning process.
9.STAFF PRESENTATIONS
a.Recycling and Trash/Yard Waste Collection Contract Extensions– negotiations for
two-year contract extensions (2018-2019) for both recycling and trash are being finalized
by staffand should be finalized for City Council approval soon.In 2018 and 2019 the City
will have to undertake a more formal RFP processfor new contractsbeginning 2020.
b.Spring Clean Up – The Spring Clean Up is scheduled for April 22, 2017, from 8 a.m. until
1 p.m. at Aldridge Arenaat 1850 White Bear Avenue. For more information visit theCity’s
cleanup webpage at www.maplewoodmn.gov/cleanups.
c.All Parks Clean Up – The Maplewood All Parks Clean Up is scheduled for April 22, 2017.
d.Maplewood Nature Center Programs
i.For more information contact theMaplewood Nature Center at (651) 249-2170.
10.ADJOURNMENT
Chair Palzer adjourned the meeting at 8:42p.m.
Agenda Item 5.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM:Shann Finwall, AICP, Environmental Planner
DATE: April 12, 2017
SUBJECT:Oak Leaf Community Solar Garden Subscription Agreement
Introduction
In 2013, Minnesota legislation directed Minneapolis-based utility, Xcel Energy, to create a
program for community solar gardens. Xcel Energy named the program the Xcel Energy Solar
Rewards Community Program, and it is overseen by the state’s Public Utilities Commission. A
community solar garden is a centralized, shared solar project connected to the energy grid that
has multiple subscribers. Each subscriber receives a credit on their Xcel Energy electric bill
based upon the production of the solar facility and their subscription share of that facility.
Background
In 2016, Maplewood entered into a 25-year community solar garden subscription agreement
with Geronimo Energy. At the time, the City was participating in the Met Council’s Community
Solar Garden Collaborative. The Met Council released a Request for Proposals for community
solar gardens that cities and counties could subscribe, and then held a lottery to determine
which cities and counties would be eligible.
The initial lottery awarded the City of Maplewood a small subscription tooffset 5 percent of our
overall electricity use. Based on the small subscription and the long-term agreement, the
Community Solar Garden Subcommittee, made up of Environmentaland Natural Resources
Commissioners, City staff, and Matt Ledvina (resident, CDRB Member)at that time,determined
that the capacity was too low for such a long-term agreement.
Geronimo Energy then approached the City after the lottery and indicated that additional
community solar garden capacity was available. The final subscription agreement with
Geronimo Energy is 856,290 kWh per year, which will offset 33 percent of the City’s overall
electricity use. The terms of the agreement include a $.01 rebate per kilowatt of electricity used,
regardless of electricity price adjustments. The City does not keep the renewable energy
credits with the Geronimo Energy agreement. Attached find the cost savings analysis for the
Geronimo Energy subscription agreement, reflecting the City’s estimated cost savings of
$201,707 over the 25-year agreement(Attachment 1). The Geronimo Energy Community Solar
Garden is currently under construction in Scandia, and should be on line generating energy by
this summer.
Discussion
The City of Maplewood has the opportunity to subscribe to the Oak Leaf Community Solar
Garden. The community solar garden will be constructed on top of the Carpenter’s Union
building in St. Paul. Twenty percent of the gardenisavailable, for a total of 183,353 kWh per
year, which represents 7 percent of the City’s overall electricity use. The City does not keep the
renewable energy credits with this agreement. The agreement is attached for your review
(Attachment 2).
Trevor Drake of the Great Plains Institute did a cost savings analysis of the new proposal
(Attachment 3). The analysis shows a cumulative 25-year savings of $107,000. By
comparison, the same subscription size under GeronimoEnergy’s pricing structure would yield
a 25-year savings of $28,000. Although, savings under GeronimoEnergy’s subscription
agreement are independent of the $.01 bill credit rate, which makes it more of a low-risk, low-
reward offer.
Energy Subcommittee Review
The Oak Leaf Community Solar Garden Subscription Agreement was forwarded to the Energy
Subcommittee for review. The Energy Subcommittee, made up of Commissioners Redmond,
Ries, and Sinn, plus review by the previous member of the Community Solar Garden
Subcommittee - Matt Ledvina. Two members of the subcommittee commented on the proposal
as follows:
The Energy Subcommittee has recommended theCity adopt a goal of 80% carbon
reduction by 2050. Once the City enters into a community solar garden subscription
agreement for a City facility it will preclude the City from putting our own solar at the
facility for 25 yearsif we reach capacity. The Oak Leaf proposal, at 7 percent capacity,
is not a huge risk. However, on-site solar might be more preferable from both an
economic and environmental stewardship standpoint, as the City would also be able to
keep the renewable energy credits.
I think the rationale from the first Geronimo Energy proposal (5% of City’s electrical use)
applies totheOak Leafproposal as well. The amount is too small to warrant the City’s
involvement based on the costs of administering the solar garden over the term of the
agreement.
Summary
Representatives of Oak Leaf Energy Partners will be present during the April 17, 2017,
Environmental Commission meeting to discuss the subscription agreement. They would like to
fillthe community solar garden to capacity so they can secure financing and begin construction.
Additionally, Oak Leaf Energy states that there may be other community solar garden
opportunities for the City of Maplewood, which they will outline at the meeting.
Recommendation
Review and discuss the Oak Leaf Community Solar Garden Subscription Agreement. If the
Environmental and Natural Resources Commission recommends approval, the Agreement will
be brought to the City Council for consideration.
Attachments
1.Geronimo EnergyCommunity Solar Garden Subscription Agreement Cost Savings
Analysis
2.Oak Leaf Community Solar Garden Subscription Agreement
3.Great Plains Institute Oak Leaf Community Solar Garden Subscription Agreement Cost
Savings Analysis
Attachment 1
Attachment 2
COMMUNITY SOLAR GARDEN SUBSCRIPTION AGREEMENT
This Community Solar Garden Subscription Agreement(“Agreement”) is made and entered into by
and between Oak Leaf Energy Partners Ohio LLC("Operator"), or its successors and assigns and
the City of Maplewood, MN,("Subscriber"), a municipal entity,jointly referred to as the “Parties.”
Recitals
WHEREAS, Operator intends to construct, install, own, operate, and maintain a solar
photovoltaic System at the Premises described on Exhibit C;
WHEREAS, the Parties intend that, pursuant to the Tariff and the Power Purchase
Agreement (“PPA”),the System will qualify as aCommunity Solar Garden and will generate Bill
Credits to be applied to Subscriber’s monthly invoices from Northern States Powerfor retail
electric service for Subscriber Meters;
WHEREAS, Subscriber is willing to purchase, or pay to be allocated, Subscriber’s
Allocated Percentage as described in Exhibit C of the Delivered Energy to be generated by the
System commencing on the Commercial Operation Date and continuing through the Term, and
Operator is willing to sell, or cause to be allocated, Subscriber’s Allocated Percentage of the
Delivered Energy to be generated by the System to Subscriber commencing on the Commercial
Operation Date and continuing through the Term, as provided under the terms of this Agreement;
WHEREAS, this Agreement is for Community Solar Garden SCR_______ located in
Ramsey County on the roof of the North Central States Regional Council of Carpenters building
located at 700 Olive Street in St. Paul, MN 55130.
NOW THEREFORE, in consideration of the foregoing recitals, mutual promises set forth
below, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1.DEFINITIONS.
Capitalized terms are defined as follows:
“Affiliate” means, with respect to any specified Person, any other Person directly or indirectly
controlling, controlled by or under common control with such specified Person.
“Agreement” or “Contract”means the Community Solar Garden Subscription Agreement which
consists of this agreement and all exhibits.
“Applicable Law” means, with respect to any Person, any constitutional provision, law, statute, rule,
regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction,
registration, permit, authorization, guideline, Governmental Approval, consent or requirement of the
federal government or the state of Minnesota, enforceable at law or in equity, includingthe
interpretation and administration thereof by such authority.
“Bankruptcy Event” means with respect to a Party, that either: (i) such Party has (A) applied for or
consented to the appointment of, or the taking of possession by, a receiver, custodian, trustee or
liquidator of itself or of all or a substantial part of its property; (B) admitted in writing its inability,
or be generally unable, to pay its debts as such debts become due; (C) made a general assignment
for the benefit of its creditors; (D) commenced a voluntary case under any bankruptcy law; (E) filed
a petition seeking to take advantage of any other law relating to bankruptcy, insolvency,
reorganization, winding up, or composition or readjustment of debts; (F) failed to controvert in a
timely and appropriate manner, or acquiesced in writing to, any petition filed against such Party in
an involuntary case under any bankruptcy law; or (G) taken any corporate or other action for the
purpose of effecting any of the foregoing; or (ii) a proceeding or case has been commenced without
the application or consent of such Party in any court of competent jurisdiction seeking (A) its
liquidation, reorganization, dissolution or winding-up or the composition or readjustment of debts
or, (B) the appointment of a trustee, receiver, custodian, liquidator or the like of such Party under
any bankruptcy law, and such proceeding or case has continued undefended, or any order, judgment
or decree approving or ordering any of the foregoing shall be entered and continueunstayed and in
effect for a period of 60days.
“Bill Credit”means the monetary value of the electricity generated by the Solar System
commensurate with Subscriber’s Allocated Percentage, as calculated pursuant to the PPA and the
Tariff, and credited to Subscriber by Northern States Power Company (“NSP”)on its monthly
invoice for electric servicefor the Subscriber Metersin accordance with the PPA.
“Bill Credit Rate” If Operator transfers the solar RECs to NSP under the PPA, the Bill Credit Rates
will be the Enhanced Bill Credit in the PPA. If the Operator does not transfer the Solar RECs to
NSP, the Bill Credit Rate will be the Standard Bill Credit in the PPA.
“Billing Cycle” means the monthly billing cycle established by NSP.
“Business Day” means any day other than Saturday, Sunday, or a legal holiday.
“Community Solar Garden”means a community solar garden that qualifies for the Solar*Rewards
Community Program as set forth in Minnesota Statutes section 216B.1641, related PUC orders and
the Tariff.
“Construction Commencement”means the date on which the Operator issues a notice to proceed
under the applicable construction contract for the System.
“Dateof CommercialOperation”meansthefirst day of thefirstfullcalendarmonth upon which
commercialoperationisachieved following completionof allInterconnectionAgreement
requirements and processes,as definedbythe PPAexecuted by the Operator and NSP.
“Delivered Energy” means the amount of alternating current (AC) energy generated by the System
as inverted to AC and delivered to NSP at the Production Meter (as defined in the PPA).
“Early Termination Date” means any date the Agreement terminates other than for expiration of the
Term.
“Effective Date” means the date on which the Agreement issigned by authorizedrepresentativesof
bothParties in accordancewithSection 2.1.
“Environmental Attributes” means, without limitation, carbon trading credits, Renewable Energy
Credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable
renewable credits, or Green-e® products.
“Estimated Remaining Payments” means as of any date, the estimated remaining Payments to be
made through the end of the Term, as reasonably determined and supported by Operator.
“Expiration Date” means the date the Agreement terminates by reason of expiration of the Term.
“Financing Party”or “Lender” means, as applicable (i) any Person (or its agent) from whom
Operator (or an Affiliate of Operator) leases the System, or (ii) any Person (or its agent) who has
made or will make a loan to or otherwise provide financing to Operator (or an Affiliate of Operator)
with respect to the System.
“Governmental Approval” means any approval, consent, franchise, permit, certificate, resolution,
concession, license, or authorization issued by or on behalf of any applicable Governmental
Authority.
“Governmental Authority” means any federal, state, regional, county, town, city, watershed district,
park authority, or municipal government, whether domestic or foreign, or any department, agency,
bureau, or other administrative, regulatory or judicial body of any such government.
“Installation Work” means the construction and installation of the System and the start-up, testing
and acceptance (but not the operation and maintenance) thereof, all performed by or for Operator at
the Premises.
“Interconnection Agreement” means the Interconnection Agreement entered into or to be entered
into between Operator and NSP as required by the PPA.
“Land Lease Agreement”means the lease agreement between Operator and Subscriber,attached
hereto as Exhibit E.
“NSP” means Northern States Power Company, a Minnesota Corporation and any successorthereto
and Xcel Energy Inc., to the extent it has control over NSP’s business.
“Person” means an individual, partnership, corporation, limited liability company, business trust,
joint stock company, trust, unincorporated association, joint venture, firm, or other entity, or a
Governmental Authority.
“PPA” means the standardPowerPurchaseAgreementfor Solar*Rewards Community to be entered
into by and between Operator and NSP whereby NSP agrees to purchase all of the energy produced
by the photovoltaic Solar System and to pay for such energy by providing Bill Credits to Subscriber
(and other Subscribers). A copy of the PPA will be attached to this Agreement as Exhibit G.
“Premises” means the premises described in Exhibit C.
“PUC” means the MinnesotaPublic Utilities Commission
“Solar Incentives” means any accelerated depreciation, installation or production-based incentives,
investment tax credits and subsidies and all other solar or renewable energy subsidies and incentives.
“Subscriber’s Allocated Percentage” means Subscriber’s allocated portion, stated as a percentage,
of the Delivered Energy in a given month, as described in Exhibit C.
“Subscriber Meters”means the meters associated with specific subscriber NSP accounts/premises
listed in Exhibit Ias updated from time to time by the Parties.
“Stated Rate” means a rate per annum equal to one and one-half percent per month or as otherwise
established by Minnesota Statute Section 471.425 Subd. 4(a).
“System” or “Solar System” means the integrated assembly of photovoltaic panels, mounting
assemblies, inverters, converters, metering, lighting fixtures, transformers, ballasts, disconnects,
combiners, switches, wiring devices and wiring, more specifically described in Exhibit C.
“System Operations”means Operator’s operation, maintenance and repair of the System performed
in accordance with the requirements of this Agreement.
“Tariff” means the Solar*Rewards Community Program tariff in NSP’s rate book.
2.TERM AND TERMINATION.
2.1EffectiveDate.This agreement is effective upon signature by authorized
representativesof both Partiestothe agreement.
2.2Term. The term of the Agreement begins on the Effective Date and continues for 25
years from the Commercial Operation Date (or such other time period as specified in writing by the
Parties),unless terminated earlier under the provisions of this Agreement. Without limiting either
Party’s termination rights elsewhere in this Agreement, this Agreement will terminate if (i)
Subscriber has moved out of or relocated from the county in which the Solar System is located or a
contiguous county or relocated from the NSP service territory,and has not, within 90 days after such
move or relocation, assigned this Agreement in accordance with the provisions of Section 12.3, or
(ii) the PPA is otherwise terminated.
2.3Operator Termination Before Commercial Operation. If any of the following events
or circumstances occur before Construction Commencement, the Operator may terminate the
Agreement immediately upon writtennotice, in which case neither Party will have any liability to
the other except for any liabilities that accrued before termination:
(a) After the performance of due diligence using industry standard methods and
techniques, if there exist site conditions (including environmental conditions and ecological
concerns such as presence of wildlife species) at the Premises or construction requirements that
could not have been reasonably known or discovered through due diligence as of the date of this
Agreement and that could reasonably be expected to materially increase the cost of Installation
Work or would adversely affect the electricity production from the System as designed;
(b)There has been a material adverse change in the (i) rights of Operator to
construct the System on the Premises, or (ii) financial prospects or viability of the Solar System,
whether due to market conditions, cost of equipment or any other reason;
(c)After timely application to NSP and best efforts to secure interconnection
services, Operator has not received evidence that interconnection services will be available with
respect to energy generated by the System;
(d) After the performance of due diligence using industry standard methods and
techniques, Operator has determined and did not previously know that there are easements, other
liens or encumbrances, or other facts, circumstancesor developments that would materially impair
or prevent, or have a material adverse effect on, the installation, operation, maintenance or removal
of the System; or
(e) Subscriber’s representation and warranty contained in Section 8.2(f) is no longer
true and correct.
2.4 Subscriber TerminationPrior to Installation. If any of the following events or
circumstances occur before Construction Commencement, Subscriber may terminate the Agreement
immediately upon written notice, in which case neither Party willhave any liability to the other
except for any liabilities that accrued beforetermination:
(a) If NSP or another party with the authority to do so, disqualifies the Operator of thefacility
from treatment as Operatorof the Community Solar Garden under Minnesota Statutes or Minnesota
Public Utilities Commission order; or
(b) If the legislature, PUC, NSP, or any other entityreduces the Bill Credit Rate, or basis for
escalation of that rate as of March 1, 2015.
2.5Force Majeure.Upontheoccurrenceofaforcemajeureevent,theAgreementmay be
terminatedconsistentwith the provisionsofSection 10.3 ofthisAgreement.
2.6Termination for Default.Ifeither Party defaults on theirresponsibilities under this
Agreement, the Agreementmay be terminated under Section11.
2.7 Termination upon Mutual Agreement.This Agreement may be terminated atanytime,
for any reason, by mutual agreement ofthePartiesin writing.
3.CONSTRUCTION, INSTALLATION AND TESTING OF SYSTEM.
3.1System Acceptance Testing.
(a)Operator must test the System in accordance with such methods, acts, guidelines,
standards and criteria reasonably accepted or followed by photovoltaic solar system integrators in
the United States and as otherwise required by the PPA and the NSP Tariff.
(b)Commercial Operation occurs when the “Date of Commercial Operation” occurs
under the PPA. At least a week before the DateofCommercial Operation, Operator will send a
written notice to Subscriber providing the Dateof Commercial Operation and the provided date will
be the Commercial Operation Date for the purposes of this Agreement. Operator has the sole
responsibility to notify NSP of this date and get any necessary approvals from NSP.
(c)A copy of the warranty for the solar panels is attachedto this Agreement as Exhibit
B.
(d)All construction and installation work, excluding work that must be performed by
licensed electricians, will be performed by contractors signatory to an agreement with the North
Central States Regional Council of Carpenters covering such work.
4.SYSTEM OPERATIONS.
4.1Operator as Owner and Operator. The System will be owned by Operator or
Operator’s Financing Party and will be operated and maintained in accordance with the PPA and the
NSP Tariff and, as necessary, maintained and repaired by Operator at its sole cost and expense.
Installationof the System, upgrades andrepairswillbeunderthedirectsupervisionof an NABCEP-
certifiedsolarprofessional.Maintenancewillbeperformedaccordingto industry standards,
including the recommendationsofthemanufacturersofsolarpanelsandotheroperational
components.
4.2Metering. There will be two meters installed and maintained by NSP, which will
measure the amount of electrical energy flowing to and from the Premises as further described in the
PPA. The Production Meter (as defined in the PPA) will record the amount of Delivered Energy.
Operator will make the raw meter data available to Subscriber upon Subscriber’s request.
4.3Maintenance Plan.Operatorwill maintain the System in accordance with the long-
term maintenance plan in Exhibit E.
5.DELIVERYOF ENERGY.
5.1Purchase Requirement. Subscriber agrees to make payments calculated as
Subscriber’s Allocated Percentage multiplied by Delivered Energy generated by the System
beginning on the Commercial Operation Date and continuing for each applicablemonth of the Term.
If there is a difference between the Bill Creditby NSP to the Subscriber on the Subscriber Meter
bills, and the Delivered Energy, for any reason not the fault of the Subscriber, the Subscriber’s
payments will be based on the number of kWhs credited by NSP on the Subscriber Meter bills.
5.2 Estimated Annual Delivered Energy. The total annual estimate of Delivered Energy
for any given year is the “Estimated Annual Delivered Energy.” The Estimated Annual Delivered
Energy and the estimated amount of electricity to be allocated to Subscriber for each year of the
Term starting on the Commercial Operation Date areidentifiedin Exhibit D. The estimated amount
of electricity allocated to Subscriber is Subscriber’s Allocated Percentage of the Estimated Annual
Delivered Energy.
5.3Environmental Attributes and Solar Incentives.
(a) Subscriber’s purchase does not include Environmental Attributes or Solar Incentives;
(b) Subscriber disclaims any right to Solar Incentives or Environmental Attributes based
upon the installation of the System, and to avoid any conflicts with fair trade rules regarding claims
of solar or renewable energy use and to help ensure that Environmental Attributes will be certified
by Green-e® or a similar organization Subscriber will, at the request of Operator, execute documents
or agreements reasonably necessary to fulfill the intent of this Section;
(c) Whenreasonablypossible, Subscriber and Operator will consult with each other about
press releases or public communications to help ensure that the Operator’srights to claim
Environmental Attributes are not compromised while allowing both Parties to claim as much
publicity as possible without compromising Operator’srights; and
(d) Without limiting the foregoing, Subscriber agrees that NSP will acquire from Operator
under the PPA all energy generated by the Solar System and all Renewable Energy Credits (as
defined in the PPA) associated with the Solar System. Operatorand Subscriber agree not to make
any statement contrary to NSP’s ownership.
5.4Title to System. Throughout the Term, Operator or Operator’s Financing Party is the
legal and beneficial owner of the System at all times, and the System will remain the personal
property of Operator or Operator’s Financing Party.
5.5Obligations of Parties. The Parties will work cooperatively and in good faith to meet
all Community Solar Garden program requirements under Applicable Law, the PPA and the Tariff,
including applicable interconnection and metering requirements. The Parties agree that beginning
on the Commercial Operation Date (a) Operator will transmit all of the Delivered Energy into the
NSP system for the benefit of Subscriber, and (b) Subscriber (or its designee) shall be entitled to any
and all Bill Credits issued by NSP resulting from such transmission and corresponding with
Subscriber’s Allocated Percentage.
6.PRICE AND PAYMENT.
6.1 Consideration. Subscriber shall pay to Operator a monthly payment (“Payment”)for
Subscriber’s Allocated Percentage of Delivered Energy beginning on the Commercial Operation
Date and continuing through the Term. The Subscriber will pay a price of $.101per Kilowatt Hour
(“kWh Rate”) for its Allocated Percentageof the Delivered Energyup to but limited to the amount
of kWh’s for which the Subscriber receives Bill Credits.The kWh Rate shall not change if the value
of the Environmental Attributes change for the Operator.
To the extent Subscriber is paid by NSP for RECs related to this Community Solar Garden,
Subscriber shall pay to Operator amonthly Renewable Energy Credit (REC) payment for
Subscriber’s Allocated Percentage of Delivered Energy(as defined in Exhibit C)beginning on the
Commercial Operation Date and continuing through the Term of this Agreement. The REC payment
shall be the actual amount per Kilowatt Hour credited by NSP to Subscriber’s bill for the REC (“REC
rate”), multiplied by the actual amount of Kilowatt Hours for which Subscriber receives Bill Credits:
REC rate x Kilowatt Hours = REC payment
The Parties agree that the REC rate effective at thetime of execution of this Agreement is $0.02 per
Kilowatt Hour.
6.2 Invoices. Operator shall invoice Subscriber within 30 days of the last Business Day
of each calendar month (each such date on which an invoice is issued by Operator to Subscriber, an
“Invoice Date”) for the Payment in respect of Subscriber’s Allocated Percentage of Delivered Energy
and REC payment during the immediately preceding calendar month. Subscriber’s first invoice
under this Agreement shall be for the first full calendar month after the Commercial Operation Date.
For the avoidance of doubt, Subscriber shall (i) neither receive nor be entitled to any Bill Credits
associated with Delivered Energy prior to the Commercial Operation Date, and (ii) have no
obligation to make or any liability for Payments for Delivered Energyor REC Paymentsprior to the
Commercial Operation Date. If the first month of commercial operation is less than a full calendar
month, the Operator will bill Subscriber for any Delivered Energy on the invoice forthe first full
calendar month of operation.
6.3Time of Payment. Subscriber will pay all undisputed amounts due hereunder within
35days of the Invoice Date.
6.4Method of Payment. Subscriber will make all payments under the Agreement by
electronic funds transfer in immediately available funds to the account designated by Operator from
time to time. If Subscriber does not have electronic funds transfer capability, or doesnotdesireto
useelectronicfundstransfer,payments shall be considered timelyif a check is postmarked by the
30 day due date. All payments that are not paid when due shall bear interest accruing from the date
becoming past due until paid in full at a rate equal to the Stated Rate. Except for billing errors or as
provided in Section 6.5 below, all payments made hereunder shall be non-refundable, be made free
and clear of any tax, levy, assessment, duties or other charges and not subject to reduction,
withholding, set-off, or adjustment of any kind.
6.5Disputed Payments. If a bona fide dispute arises with respect to any invoice,
Subscriber shall not be deemed in default under the Agreement and the Parties shall not suspend the
performance of their respective obligations hereunder, including payment of undisputed amounts
owed hereunder. If an amount disputed by Subscriber is subsequently deemed to have been due
pursuant to the applicable invoice, interest shall accrue at the Stated Rate on such amount from the
date becoming past due under such invoice until the date paid.
6.6Billing Adjustments Following NSP Billing Adjustments. If, as a result of anNSP
billing adjustment, the quantity of Delivered Energy is decreased (the “Electricity Deficiency
Quantity”)and NSP reduces the amount of Bill Credits or Renewable Energy Creditsallocated to
Subscriber for such period, Operator will reimburse Subscriber for the amount paid by Subscriber in
consideration for the Electricity Deficiency Quantity. If as a result of such adjustment the quantity
of Delivered Energy allocated to Subscriber is increased (the “Electricity Surplus Quantity”)and
NSP increases the amount of Bill Credits allocated to Subscriber for such period, Subscriber will
pay for the Electricity Surplus Quantity at the kWh Rate applicable during such period.
7.GENERAL COVENANTS.
7.1OperatorCovenants. Operator covenants and agrees to the following:
(a)Notice of Damage or Emergency. Operator will within 3 business days notify
Subscriber if it becomes aware of any significant damage to or loss of the use of the System or that
could reasonably be expected to adversely affect the System.
(b)System Condition. Operator shall make commercially reasonable efforts to ensure
that the System is capable of operating at a commercially reasonable continuous rate.
(c)Governmental Approvals. While providing the Installation Work and System
Operations, Operator shall obtain and maintain and secure all Governmental Approvals required to
be obtained and maintained and secured by Operator and to enable Operator to perform such
obligations.
(d)Interconnection Fees. Operator is responsible for all costs, fees, charges and
obligations required to connect the System to the NSP distribution system, including fees associated
with system upgrades, production, and operation and maintenance carrying charges, as provided in
the Interconnection Agreement (“Interconnection Obligations”).In no event shall Subscriber be
responsible for any Interconnection Obligations.
(e)Compliance with PPA, Tariff and Interconnection Agreement. Operator shall cause
the System to be designed, installed and operated in compliance with the PPA, the Tariff and the
Interconnection Agreement.
(f) The PPA requires that Operator (as opposed to NSP) is responsible for answering all
questions from Subscriber regarding its participation in the Solar System. Operator is solely
responsible for resolving disputes with NSP or Subscriber regarding the accuracy of Subscriber’s
Allocated Percentage and the Delivered Energy allocated to Subscriber in connection therewith.
Notwithstanding the foregoing, Subscriber acknowledges that NSP is responsible for resolving
disputes with Subscriber regarding the applicable rate used to determine the Bill Credit.
(g)The representations Operator made in its proposal in response to the RFP issued by
Subscriber, including representations as to Operator’s financial ability to operate and maintain the
System are true and correct as of the date of this Agreement.
(h)The Operator is duly organized and validly existing and in good standing in the
jurisdiction of its organization, and authorized to do business in the State of Minnesota.
7.2Subscriber’s Covenants. Subscriber covenants and agrees as follows:
(a)Consents and Approvals. Subscriber will ensure that any authorizations required of
Subscriber under this Agreement are provided in a timely manner. To the extent that only Subscriber
is authorized to request, obtain or issue any necessary approvals, permits, rebates or other financial
incentives, Subscriber will cooperate with Operator to obtain such approvals, permits, rebates or
other financial incentives.
(b)Subscriber Agency and Consent Form. On the Effective Date, Subscriber will
execute and deliver to Operator a Subscriber Agency Agreement and Consent Form in the form
attached hereto as Exhibit A. Subscriber acknowledges that such agreement is required of
Subscriber pursuant to the PPA.
8.REPRESENTATIONS & WARRANTIES.
8.1Representations and Warranties Relating to Agreement Validity. In addition to any
other representations and warranties contained in the Agreement, each Party represents and warrants
to the other as of the date of this Agreement and on the Effective Date that:
(a) it is duly organized and validly existing and in good standing in the jurisdiction of its
organization;
(b)it has the full right and authority to enter into, execute, deliver, and perform its
obligations under the Agreement;
(c)it has taken all requisite corporate or other action to approve the execution, delivery,
and performance of the Agreement;
(d)the Agreement constitutes its legal, valid and binding obligation enforceable against
such Party in accordance with its terms, except as may be limited by applicable bankruptcy,
insolvency, reorganization, moratorium, and other similar laws now or hereafter in effect relating to
creditors’ rights generally;
(e)there is no litigation, action, proceeding or investigation pending or, to the best of its
knowledge, threatened before any court or other Governmental Authority by, against, affecting or
involving any of its business or assets that could reasonably be expected to adversely affect its ability
to carry out the transactions contemplated herein; and
(f) its execution and performance of the Agreement and the transactions contemplated
hereby do not constitute a breach of any term or provision of, or a default under, (i)any contract or
agreement to which it or any of its Affiliates is a party or by which it or any of its Affiliates or its or
their property is bound, (ii) its organizational documents, or (iii) any Applicable Laws.
8.2Specific Representations and Warranties of Subscriber. Subscriber represents and
warrants to Operator as of the date of this Agreement and on the Effective Date that:
(a)Subscriber is the sole party in interest agreeing to purchase Subscriber’s Allocated
Percentage and is acquiring Subscriber’s Allocated Percentage for its own account, and not with a
view to the resale or other distribution thereof, in whole or in part, and agrees that it will not transfer,
sell or otherwise dispose of Subscriber’s Allocated Percentage in any mannerin violation of
applicable securities laws;
(b) Subscriber is not relying on (i) Operator, or (ii) other subscribers, or any of the
employees, members of boards of directors (or equivalent body) or officers, of those parties, or this
Agreement with respect to tax and other economic considerations involved in the Agreement
(c)Subscriber’s Allocated Percentage, combined with any other distributed resources
serving the Subscriber Meters, represents no more than 120 percent of Subscriber’s average annual
consumption at the Subscriber Metersover the last twenty-four (24) months;
(d)Subscriber is a retail electric service customer of NSP and the Subscriber Metersare
within the same county or contiguous county as the Solar System; and
(e) Subscriber is not exempt from the Solar Energy Standard under Minnesota Statutes
§216B.1691, subd. 2(f)d.
(f) Subscriber is an organization described in section 501(c)(25) of the Internal Revenue
Code, a political subdivision with total assets in excess of $5,000,000.
8.3Exclusion of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS
3.1, 4.1, 7.1, THIS SECTION 8, AND THE LAND LEASE AGREEMENT, THE INSTALLATION
WORK, SYSTEM OPERATIONS AND PERFORMANCE PROVIDED BY OPERATOR TO
SUBSCRIBER UNDER THIS AGREEMENT SHALL BE “AS-IS WHERE-IS.” NO OTHER
WARRANTY TO SUBSCRIBER OR ANY OTHER PERSON, WHETHER EXPRESS, IMPLIED
OR STATUTORY, IS MADE AS TO THE INSTALLATION, DESIGN, DESCRIPTION,
QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC
VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SYSTEM OR ANY
OTHER SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY
OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY OPERATOR.
9.TAXES AND GOVERNMENTAL FEES. Operator is responsible for all income, gross
receipts, ad valorem, personal property or real property or other similar taxes and any and all
franchise fees or similar fees assessed against it due to its ownership of the System. Operator is
not obligated for any taxes payable by or assessed against Subscriber based on or related to
Subscriber’s overall income or revenues.
10.FORCE MAJEURE.
10.1Definition. “Force Majeure Event” means any act or event that prevents the affected
Party from performing its obligations in accordance with the Agreement, if such act or event is
beyond the reasonable control, and not the result of the fault or negligence, of the affected Party and
suchParty had been unable to overcome such act or event with the exercise of due diligence
(including the expenditure of reasonable sums). Subject to the foregoing conditions, “Force Majeure
Event” shall include the following acts or events: (i) natural phenomena, such as storms, hurricanes,
floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning
or other causes unrelated to the acts or omissions of the Party seeking to be excused from
performance; (iii) acts ofwar or public disorders, civil disturbances, riots, insurrection, sabotage,
epidemic, terrorist acts, or rebellion; (iv) strikes or labor disputes (except strikes or labor disputes
caused solely by employees of Operator or as a result of such Party’s failure to comply with a
collective bargaining agreement); (v) action or inaction by a Governmental Authority (unless
Subscriber is a Governmental Authority and Subscriber is the Party whose performance is affected
by such action nor inaction); and (vi) any event of force majeure under the PPA. A Force Majeure
Event shall not be based on the economic hardship of either Party.
10.2Excused Performance. Except as otherwise specifically provided in the Agreement,
neither Party shall be considered in breach of the Agreement or liable for any delay or failure to
comply with the Agreement (other than the failure to pay amounts due hereunder), if and to the
extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided
that the Party claiming relief under this Article10 shall immediately (i) notify the other Party in
writing of the existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to
minimize delay caused by such Force Majeure Event, (iii) notify the other Party in writing of the
cessation or termination of said Force Majeure Event and (iv) resume performance of its obligations
hereunder as soon as practicable thereafter; provided, however, that Subscriber shall not be excused
from making anypayments and paying any unpaid amounts due in respect of Subscriber’s Allocated
Percentage of Delivered Energy prior to any performance interruption due to a Force Majeure Event.
10.3Termination for Force Majeure. Either Party may terminate this Agreement upon 15
days written notice to the other Party if any Force Majeure Event affecting such other Party has been
in existence for a period of 180 consecutive days or longer, unless such Force Majeure Event expires
before the end of the 15 day notice period.
11.DEFAULT.
11.1Operator Defaults and Subscriber Remedies.
(a) Operator Defaults. The following events are defaults with respect to Operator (each,
an“Operator Default”):
(i) A Bankruptcy Event occurs with respect to Operator;
(ii) Operator fails to pay Subscriber any undisputed amount owed under the
Agreement within 30days from receipt of notice from Subscriber of such past due amount;
(iii) Operator breaches any material term of thisAgreement or of the Land Lease
Agreement and (A) if operatorcan cure the breachwithin 30days after Subscriber’s written notice
of such breach and Operator fails to so cure, or (B) Operator fails to commence and pursue a cure
within such 30 day period if a longer cure period is needed;
(iv)The PPA is terminated for any reason; or
(v) Operator fails to produce at least 85% of the electric production estimated for a
calendaryear, when the solar irradiance available to the site is at least90% as predicted by System
Advisor Model (SAM) orNational Renewable Energy Laboratory (NREL)and Operator does not
cure within the allotted cure period.In the event of a Section 11.1(a)(v) default, Operator may cure
the default by compensating Subscriber for Lost Savings, as defined herein,within 90days after
Subscriber’s written notice of such breach. Lost Savings shall equal Guaranteed Production less the
product of the Subscriber’s Allocated Percentage and the Delivered Energy multiplied by the
difference in the kWh Rate and the Bill Credit Rate for that year. Guaranteed Production shall equal
the product of Estimated Energy Allocated to Subscriber for that year as shown in Exhibit D and 85
percent.
(Guaranteed Production –(Subscriber’s Allocated Percentage X Delivered Energy))
X
(Bill Credit Rate –kWh Rate)
(b) Subscriber’s Remedies. If an Operator Default described in Section11.1(a) has
occurred and is continuing, in addition to other remedies expressly provided herein, Subscriber may
terminate the Agreement and exercise any other remedy it may have at law or equity or under the
Agreement. In the event of such termination, Subscriber shall use reasonable efforts to mitigate its
damages.
11.2Subscriber Defaults and Operator’s Remedies.
(a) Subscriber Default. The following events shall be defaults with respect to Subscriber
(each, a “Subscriber Default”):
(i) A Bankruptcy Event occurs with respect to Subscriber;
(ii)Subscriber fails to pay Operator any undisputed amount due Operator under
the Agreement within 30days from receipt of notice from Operator of such past due amount; and
(iii)Subscriber breaches any material term of thisAgreement or the Land Lease
Agreement and (A) if such breach can be cured within 30days after Operator’s written notice of
such breach and Subscriber fails to so cure, or (B) Subscriber fails to commence and pursue said
cure within such 30 day period if a longer cure period is needed.
(b)Operator’s Remedies. If a Subscriber Default described in Section11.2(a) has
occurred and is continuing, in addition to other remedies expressly provided herein,Operator may
terminate this Agreement, sell Subscriber’s Allocated Percentage to one or more persons other than
Subscriber, recover from Subscriber the actual, reasonable and verifiable damages related to lost
Community Solar Garden subscription and RECrevenues, recapture of the Federal investment tax
credit and removal of the system, not to exceed the values shown in Exhibit J,and Operator may
exercise any other remedy it may have at law or equity or under the Agreement. In the event of such
termination, Operator shall use reasonable efforts to mitigate its damages.
12.ASSIGNMENT.
12.1 Assignment by Operator. Operator may not assign this Agreementor anyinterest
therein,without the prior written consent of Subscriber, except as part of a Permitted Assignment as
defined in Section 12.1(a).Operatorshall provide Subscriber with such information concerning the
proposed transferee (including any person or entity liable for the performance of the terms and
conditions of this Agreement) as may be reasonably required to ascertain whether the conditions
upon Subscriber’s approval to such proposed assignment have been met.
(a)Permitted Assignment. Operator may, without the consent of Subscriber, (1) transfer,
pledge or assign all or substantially all of its rights and obligations hereunder as security for any
financing and/or sale-leaseback transaction or to an affiliated special purpose entity created for the
financing or tax credit purposes related to System, (2) transfer or assign this Agreement to any person
or entity succeeding to all or substantially all of the assets of Operator; provided, however, that any
such assignee shall agree to be bound by the terms and conditions hereof, (3) assign this Agreement
to one or more affiliates; provided, however, that any such assignee shall agree to be bound by the
terms and conditions hereof or (4) assign its rights under this Agreement to a successor entity in a
merger or acquisition transaction; provided, however, that any such assignee shall agree to be bound
by the terms and conditions hereof. Subscriber agrees to provide acknowledgments, consents or
certifications reasonably requested by any Lender in conjunction with any financing of the System.
(b)In the event of a Permitted Assignment by Operator of its interest in this
Agreement to a person who has assumed, in writing, all of Operator’s obligations under this
Agreement, Operator, without the necessity of any further document signed or actions taken
by any party, shall be released from any and all further obligations hereunder, and Subscriber
agrees to look solely to such successor-in-interest of the Operator for performance of such
obligations. Notwithstanding the foregoing, Operator must present to Subscriber audited
financial statements showing that the assignee has equal or greater unencumbered financial
resources than Operator prior to the Permitted Assignment.
Any Financing Party is an intended third-party beneficiary of this Section 12.1.
12.2 Assignment by Subscriber.
(a)Subscriber will not assign this Agreement or any interest herein, without the prior
written consent of Operator; provided however that Operator shall not unreasonably withhold,
condition or delay its consent; and provided, further, that Operator’s consent shall not be required to
the assignment by Subscriber to another governmental entity in the event the State of Minnesota
reassigns responsibility to such other governmental entity for providing the services currently
undertaken by Subscriber at the facilities associated with the Subscriber Meters.
(b) Subscriber does not need Operator’s consent to change the Subscriber Metersfor the same
amount of subscription as long as all the Subscriber Metersare owned by the Subscriberand meet
the requirements of the Community Solar Garden program. For such changes, Subscriber will notify
Operator in writing and Operator will inform NSP of the change as soon as practicable.
(c)Subscriber’s request for Operator’s consent to any proposed change or assignment as
contemplated in Section 12.2(a) must be in writing and provided to Operator at least 30 days before
the proposed effective date of such change or assignment, which request must include: (i)
Subscriber's name and mailing address; (ii) the current Subscriber Meter(s); (iii) the assignee’s
meters; (iv) the name of the individual or entity to whom Subscriber is requesting to assign this
Agreement (if applicable) and the consideration (if any) proposed to be providedto Subscriber for
such assignment; and (v) the proposed effective date of such proposed change or assignment. In the
case of any assignment of this Agreement in whole or in part to another individual or entity, (i) such
assignee's metersshall be located within NSP’s service territory and within the same county as the
Solar System or a contiguous county, (ii) such assignee shall execute a new Minnesota Community
Solar Program Subscription Agreement substantially in the same form as this Agreement,
specifically including the representations and warranties in Section 8.2; and (iii) the value of any
consideration to be provided to Subscriber for assignment of this Agreement may not exceed the
aggregate amount of Bill Credits that have accrued to Subscriber, but have not yet been applied to
Subscriber’s monthly invoice(s) from NSP.
(d)Upon any assignment of this Agreement pursuant to this Section 12.2, Subscriber will
surrender all right, title and interest in and to this Agreement. Any purported assignmentin
contravention of this Section 12.2shall be of no force and effect and null and void ab initio. No
assignment will extend the Term of this Agreement.
13.NOTICES.
13.1Notice Addresses. Unless otherwise provided in the Agreement, all notices and
communications concerning the Agreement shall be in writing and addressed to the other Party (or
Financing Party, as the case may be) at the addresses below, or at such other address as may be
designated in writing to the other Party from time to time.
Subscriber:Operator:
Oak Leaf Energy Partners OhioLLC
DuWayne Konewco
nd
2645 E. 2Avenue, Suite 206
City of Maplewood
Denver, CO 80206
Attn: Counsel
Email:
With a copy to
Lender:
13.2Notice. Unless otherwise provided herein, any notice provided for in the Agreement
shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial
overnight delivery service, or transmitted by emailand shall be deemed delivered to the addressee
or its office when received at the address for notice specified above when hand delivered, upon
confirmation of sending when sent by email(if sent during normal business hours or the next
Business Day if sent at any other time), on the Business Day after being sent when sent by overnight
delivery service, or 5 Business Days after deposit in the mail when sent by U.S. mail.
13.3Address for Invoices. All invoices under the Agreement shall be sent to the address
provided by Subscriber. Invoices shall be sent by regular first class mail postage prepaid.
14.INDEMNIFICATION,LIABILITY AND INSURANCE
14.01 Indemnification.Operatorshalldefend,indemnify,andholdharmlessSubscriber,its
presentandformercouncilmembers,officials,officers,agents,volunteers and employeesfromany
liability,claims,causesofaction,judgments,damages,losses,costs,or expenses,including
reasonableattorney’sfees,resultingfromanyactoromissionofOperator, a subcontractor, anyone
directlyor indirectlyemployed by them, and/or anyonefor whoseactsand/oromissionstheymay be
liableinthe performanceof the servicesrequiredbythisAgreement, and against allloss by reasonof
the failureofOperatortoperformanyobligationunderthisAgreement.
14.02 Insurance.Withrespectto the servicesprovidedpursuanttothisAgreement,Operator
shallatalltimes during thetermof thisAgreementandbeyond such termwhensorequiredhaveand
keepinforcethe following insurancecoverages:
Limits
1.CommercialGeneralLiabilityon an
occurrencebasiswithcontractualliability
coverage:
General Aggregate $2,000,000
Products—CompletedOperations Aggregate 2,000,000
Personal and AdvertisingInjury 1,500,000
Each Occurrence—Combined
BodilyInjury and PropertyDamage 1,500,000
2.Workers’CompensationandEmployer’s Liability:
Workers’CompensationStatutory
IfOperatorisbasedoutsidethestateofMinnesota,
coveragemustcomplywithMinnesotalaw.
Employer’sLiability.Bodilyinjuryby:
Accident—EachAccident500,000
Disease—PolicyLimit500,000
Disease—EachEmployee500,000
Anumbrellaorexcesspolicyoverprimaryliabilityinsurancecoveragesisan
acceptablemethodto providetherequiredinsurancelimits.
Theaboveestablishesminimum insurance requirements.Itis the sole
responsibilityofOperator to determinetheneedfor and toprocureadditional
insurancewhichmay be neededinconnectionwiththisAgreement. Upon
writtenrequest,Operatorshall promptly submit copiesof insurancepoliciesto
Subscriber.
Operator shallnotcommencework until ithasobtainedrequiredinsurance and
filedwithSubscriber a properly executedCertificateof Insuranceestablishing
compliance.Thecertificate(s)mustnameSubscriberasthecertificateholder and
as anadditionalinsuredfor the liabilitycoverage(s)for alloperationscovered
under the Agreement.Operatorshall furnish to Subscriberupdatedcertificates
during the termof thisAgreementasinsurancepoliciesexpire.
14.03Liability.Without Subscriber waiving any statutory immunities and specifically
subject to the liability limits contained in Minn. Stat. Section466.04, each Party agrees that it will
be responsible for its own acts and omissions and the results thereof, to the extent authorized by
the law, and shall not be responsible for the acts and omissions of another Party and the results
thereof.Subscriber warrants that it has an insurance or self-insurance program with minimum
coverage consistent with the liability limits in Minnesota Statutes Chapter 466. Operator agrees
that the insurance, indemnification, and bonding requirement of Articles 7 and 8 in the Land Lease
shall also apply to this Subscription Agreement.
15.COMPLIANCE
15.01TheOperatormustcomplywithallapplicablefederal,state,andlocallaws,rules,
and regulations,including any rulingof the MinnesotaPublicUtilitiesCommission(PUC).
15.02Under the PUCOrderin Docket Number E002/M-13-867, dated August 6, 2015,
the Operator will,attherequestoftheCouncil,provide documentation of continuing viabilityof
theSystem,includingbutnotlimitedto providing proofofsufficientfinancing;possessionof
requiredpermits;certificationofcompliancewithFederalEnergyRegulatoryCommissionForm
556; or proofthat the Operatorhassufficientinsurancetocoverthe ongoing installation,operation,
ormaintenanceofthe System.
16.DISCONTINUATION OF COMMUNITY SOLAR GARDEN PROGRAM.
Notwithstanding anything herein to the contrary, this Agreement shall terminateimmediately,
without notice,if the Community Solar Garden program is discontinued, limited or materially
adversely changed prior to Operator executing a PPA with NSP, so long as the Operator has used
its best efforts to secure the PPA up to the point of program change.
17.MISCELLANEOUS.
17.1Integration; Exhibits.ThisAgreement, together with the attached Exhibits,
constitute the entire agreement and understanding between Operator and Subscriber with respect
to the subject matter thereof and supersedes all prior agreements relating to the subject matter
hereof. The Exhibits attached hereto are integral parts of the Agreement and are made a part of
the Agreement by reference.
17.2Amendments. This Agreement may only be amended, modified or supplemented
by an instrument in writing executed by duly authorized representatives of Operator and
Subscriber. To the extent any amendment changes Subscriber’s Allocated Percentage, such
amendment shall include the representation by Subscriber set forth in Section 8.2(c).
17.3Cumulative Remedies. Except as set forth to the contrary herein, any right or
remedy of Operator or Subscriber shall be cumulative and without prejudice to any other right or
remedy, whether contained herein or not.
17.4Limited Effect of Waiver. The failure of Operator or Subscriber to enforce any of
the provisions of the Agreement, or the waiver thereof, shall not be construed as a general waiver
or relinquishment on its part of any such provision, in any other instance or of any other provision
in any instance.
17.5Survival. The obligations under Section 8.3 (Exclusion of Warranties), Section 9
(Taxes and Governmental Fees), Section 13 (Notices), Section 14 (Data Practices), Section 15
(Indemnification,Liability and Insurance), Section 17 (Miscellaneous), or pursuant to other
provisions of this Agreement that, by their sense and context, are intended to survive termination
of this Agreement, shall survive the expiration or termination of this Agreement for any reason.
17.6Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota without reference to any choice of law principles. The
Parties agree that the courts of Minnesota and the federal Courts sitting therein shall have
jurisdiction over any action or proceeding arising under the Agreement to the fullest extent
permitted by Applicable Law.
17.7Severability. If any term, covenant or condition in the Agreement shall, to any
extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of the
Agreement shall not be affected thereby, and each term, covenant or condition of the Agreement
shall be valid and enforceable to the fullest extent permitted by Applicable Law and, if appropriate,
such invalidor unenforceable provision shall be modified or replaced to give effect to the
underlying intent of the Parties and to the intended economic benefits of the Parties.
17.8Relation of the Parties. The relationship between Operator and Subscriber shall not
be that of partners, agents, or joint ventures for one another, and nothing contained in the
Agreement shall be deemed to constitute a partnership or agency agreement between them for any
purposes, including federal income tax purposes. Operator and Subscriber, in performing any of
their obligations hereunder, shall be independent contractors or independent parties and shall
discharge their contractual obligations at their own risk.
17.9Successors and Assigns. This Agreement and the rights and obligations under the
Agreement are binding upon and shall inure to the benefit of Operator and Subscriber and their
respective successors and permitted assigns.
17.10 Counterparts. This Agreement may be executed in one or more counterparts, all of
which taken together shall constitute one and the same instrument
17.11Access. Subscriber has access to the Solar System in accordance with the terms of
the Land Lease Agreement. Subscriber will have no ownership, possession right or control of the
Solar System, and will have no rights or obligations with respect to the maintenance or operation
of the Solar System. Operator will have no ownership, possession right, or control of the land other
than the interest conveyed in the Land Lease Agreement. Except as provided in the land Land
Lease Agreement, this Agreement does not convey to Subscriber any right, title or interest in or to
any portion of any property (tangible or intangible, real or personal) underlying or comprising any
portion of the Solar System.
17.12No Reliance. Subscriber is not relying on any representation, warranty or promise
with respect to the Solar*Rewards Community Solar Program or the Solar Systemmade by or on
behalf of NSP or Operator, except to the extent specifically stated in this Agreement.
17.13Record Keeping. Operator will maintain books, records, documents and other
evidence directly pertinent to performance of the work under this Agreement in accordance with
generally accepted accounting and utility metering principles and practices, including all meter
production records and adjustments thereto. Operator will also maintain the financial information
and data used in preparation or support of the cost submission for any negotiated Agreement
amendment and provide electronic, printed or copied documentation to the Subscriber as
requested. These books, records, documents, and data must be retained for at least 6 years after the
term of the Agreement, except in the event of litigation or settlement of claims arising from the
performance of this Agreement, in whichcase the Operator agrees to maintain them until the
Subscriber and any of its duly authorized representatives have disposed of the litigation or claims.
17.14 Audit. The records, books, documents, and accounting procedures and practices of
the Operator and of any subcontractor relating to work performed pursuant to this Agreementshall
be subject to audit and examination by the Subscriber and the Legislative Auditor or State Auditor.
The Operator and any subcontractor shall permit the Subscriber or its designee to inspect, copy,
and audit its accounts, records, and business documents at any time during regular business hours,
as they may relate to the performance under this Agreement. Audits conducted by the Subscriber
under this provision shall be in accordance with generally accepted auditing standards. Financial
adjustments resulting from any audit by the Subscriber shall be paid in full within thirty (30) days
of the Operator's receipt of audit.
18.15Dispute Resolution.Operatormust submit in writing to the GeneralManager-
Environmental Services of Subscriber any dispute regarding the meaning and intent of this
Agreement or arising from performance of this Agreement r within 60 days after the dispute
arises. The GeneralManager-Environmental Servicesorhis/her designee must respond to the
Operatorin writing with a decision within 60 calendar days following receipt of the Operator’s
dispute. Submission of a dispute to Dispute Resolutionis a condition precedent to the Operator
initiating any litigation relating tothis Agreement.
Pending final decision of a dispute, the Partieswillproceed diligently with the
performance of the Agreement. Failure by the Operatorcomply precisely with the time
deadlines under this paragraph as to any claim shall operate as a release of that claim and a
presumption of prejudice to the Subscriber.
18.LENDER PROVISIONS
19.1Notice of Lender.Operator shall notify Subscriber of the identity of any Lender
within thirty (30) days of such party becoming a Lender.
19.2Lender Collateral Assignment.Inthe event that Operator identifies a Lender
pursuant to Section 19.1, then Subscriber hereby:
(a) Acknowledges and consents to the sale, assignment or conveyance or pledge or the
collateral assignment by Operator to the Lender, of Operator’s right, title and interest in, to and
under this Agreement, as consented to under Section 12.1 of this Agreement;
(b) Acknowledges that any Lender as such collateral assignee shall be entitled to exercise
any and all rights of lenders generally with respect to Operator’s interests in this Agreement;
(c) Acknowledges that it has been advised that Operator has granted a security interest in
the System to the Lender and that the Lender has relied upon the characterization of the System
as personal property, as agreed in this Agreement, in accepting such security interest as collateral
for its financing of the System; and
(d) Acknowledges that any Lender shall be an intended third-party beneficiary of this
Section 19.2.
19.3Lender Cure Rights Upon System Owner Default.Upon any Event of Default by
Operator, a copy of any notice delivered under Article 11shall be delivered concurrently by
Subscriber to any Lender at the addresses provided in writing by Operatorto Subscriber. Following
receipt by any Lender of any notice that Operatoris in default in its obligations under this
Agreement, such Lender shall have the right but not the obligation to cure any such default, and
Subscriber agrees to accept any cure tendered by the Lenders on behalf of Operatorin accordance
with the following: (a) a Lender shall have the same period after receipt of a notice of default to
remedy an Event of Default by Operator, or cause the same to be remedied, as is given to Operator
after Operator’sreceipt of anotice of default hereunder; provided, however, that any such cure
periods shall be extended for the time reasonably required by the Lender to complete such cure,
including the time required for the Lender to obtain possession of the System (including possession
by a receiver), institute foreclosure proceedings or otherwise perfect its right to effect such cure,
but in no event longer than 180 days; and (b) the Lender shall not be required to cure those Events
of Default that are not reasonably susceptibleof being cured or performed by Lender. The Lender
shall have the absolute right to substitute itself or an Affiliate for Operator and perform the duties
of Operatorhereunder for purposes of curing such Event of Default. Subscriber expressly consents
to such substitution, and authorizes the Lender, its affiliates (or either of their employees, agents,
representatives or contractors) to enter upon the Premises to complete such performance with all
of the rights and privileges of Operator, but subject to the terms and conditions of this Agreement
and the Lease, .
19.4 Upon any rejection or other termination of this Agreement pursuant to any process
undertaken with respect to Operator under the United States Bankruptcy Code, at the request of
the Lender made within ninety (90) days of such termination or rejection, Subscriber shall enter
into a new agreement with the Lender or its assignee having the same terms and conditions as this
Agreement and the Land Lease.
19.5Except as otherwise set forth in this Article 19, the Parties’ respective obligations
will remain in effect during any cure period.
19.6If the Lender (including any purchaser or transferee), pursuant to an exercise of
remedies by the Lender, shall acquire title to or control of Operator’s assets and shall, within the
time periods described in Section 19.3 above, cure all defaults under this Agreement existing as of
the date of such change in title or control in the manner required by this Agreement and which are
capable of cure by a third person or entity, then such person or entity shall no longer be in default
under this Agreement and this Agreement shall continue in full force and effect.
The remainder of this page is intentionally blank.
19.7The Lender rights in this Agreement shall also apply to the Land Lease Agreement.
IN WITNESS WHEREOF, the Partieshave causedthisContractto beexecuted by their duly
authorizedofficers on the dates below:
NORTH CENTRAL STATESREGIONAL
COUNCIL OF CARPENTERS
Dated: _________________________ By: __________________________________
John G. Raines
Executive Secretary-Treasurer
OAK LEAF ENERGY PARTNERS OHIOLLC
Dated: _________________________ By: __________________________________
Michael McCabe
President
Exhibit A
\[Insert form of Subscriber Agency Agreement and Consent Form as required by PPA\]
Solar*RewardsCommunity
Subscriber AgencyAgreementandConsentForm
The undersigned(“Subscriber”)has a Subscriptionto the following CommunitySolar Garden:
CommunitySolar GardenName:
CommunitySolar GardenAddress:
CommunitySolar Gardencontact
informationforSubscriber questionsand
complaints:
Address (if different from above);
CommunitySolar Garden Operator:
Telephone number:
Emailaddress:
WebSiteURL:
Subscriber Service Addresswhere
Subscriber Name:receivingelectricalservice fromNorthern
StatesPowerCompany:
Subscriber’sAccountNumberwith
NorthernStatesPowerCompany:
Bysigning this Solar*RewardsCommunity Subscriber Agency Agreement and ConsentForm,the
Subscriberagreestoall of the following:
1.AssignmentofRenewable Energy Credits(“RECs”), Energy and CapacitytoNorthern
StatesPowerCompany, a Minnesota corporation.The Subscriberagreesthat theCommunity
Solar GardenOperatorhas authoritytoassignall energy produced andcapacityassociatedwith
the photovoltaic energysystemattheCommunitySolar GardentoNorthernStatesPower
Company, and the Subscriberagreesthat allenergy produced, and capacityassociatedwith the
Subscriber’sshare of the photovoltaic energysystemattheCommunitySolar Gardenshallbelong
toNorthernStatesPowerCompany.The Subscriber alsoagreesthat theCommunitySolar Garden
Operatorhas authoritytoassignallRECsassociatedwiththe photovoltaic energysystematthe
CommunitySolar GardentoNorthernStatesPowerCompany, and that iftheCommunitySolar
Gardenor apersonor entityonits behalfhas assigned the RECstoNorthernStatesPower
Company, then allRECsassociatedwiththeSubscriber’sshare of the photovoltaic energysystem
at the CommunitySolar Gardenshallbelong toNorthernStatesPower Company.
2.Tax Implications.The CommunitySolar GardenOperatorhas provided theSubscriber
with a statementthatNorthernStatesPower Company makes no representationsconcerning the
taxable consequencestothe Subscriberwithrespecttoits BillCreditsto the Subscriberorother
tax issuesrelating toparticipationin the CommunitySolar Garden.
3.Northern StatesPower Company herebydisclosesto the Subscriberthatitrecognizes
thatnotallproductionriskfactors,suchasgrid-failure eventsor atypicallycloudyweather,
arewithintheCommunitySolar GardenOperator’scontrol.
4.InformationSharing.Participating inthe Solar*RewardsCommunityProgramwill
require sharing Subscriber’sAccountInformation(name,account number, service address,
telephone number, emailaddress,website URL,informationon Subscriber participation inother
distributedgeneration serving the premisesof the Subscriber,Subscriberspecific BillCredit(s))
and Subscriber’sEnergyUse Data(thepast,presentandfuture electricityusage attributableto
the Subscriber forthe serviceaddress and accountnumberidentifiedforparticipationinthe
CommunitySolar Garden).The following outlinesthe type ofinformationthat willbeshared,
and how that informationwill be used.
a.Subscriber’sAccount Information and SubscriberEnergyUsage Data.The Subscriber
authorizesNorthernStatesPowerCompanyto provide the CommunitySolar GardenOperator
(andthe CommunitySolar GardenOperator’sdesignatedsubcontractorsandagents)withthe
Subscriber’sAccountInformationand Subscriber’sEnergyUsage Data asdescribedinSection
4above.Thisinformationis neededtoallow the CommunitySolar GardenOperatordetermine
the extenttowhichthe Subscriber is entitledtoparticipate inthe CommunitySolar Garden, and
tovalidate the amountofthe BillCreditsto be provided by NorthernStatesPowerCompanyto
the Subscriber.The currentdataprivacypolicies ofNorthern StatesPowerCompany applicable
toitsSolar*Rewards Community Program provided tothe Subscriber by the CommunitySolar
GardenOperator pursuant Section 3above are attachedasExhibit 1 ofthisSolar*Rewards
CommunitySubscriberAgencyAgreementandConsentForm.These privacypolicies
include definitionsof“Subscriber’s Account Information” and “Subscriber’sEnergyUsage
Data.”
b.Subscriber’sSubscriptionInformation: The SubscriberauthorizestheCommunitySolar
GardenOperatorto provide informationtoNorthern StatesPowerCompany identifying the
Subscriber(with the Subscriber’sname,service address, and account number) and detailingthe
Subscriber’sproportionalshareinkilowattsoftheCommunitySolar Garden and toprovide
additionalupdatesofthis information toNorthernStatesPowerCompanyascircumstances
change.ThisinformationisneededtoallowNorthernStatesPowerCompanytoproperly apply
BillCredits forthephotovoltaic energy generatedby the CommunitySolar Garden.Also,this
informationisneededtoallowNorthernStatesPower Company tosendtothe Subscribernotices
or other mailingspertainingtotheirinvolvementinthe Solar*RewardsCommunityProgram.The
CommunitySolar GardenOperatorshallnotdisclose Subscriberinformationinannualreportsor
otherpublic documentsabsentexplicit,informed consent from the Subscriber.The Community
Solar GardenOperatorwillnotrelease any Subscriber datatothird partiesexcepttofulfillthe
regulated purposes of the Solar*RewardsCommunityProgram,tocomply with a legalor
regulatoryrequirement,or upon explicit,informedconsent from the Subscriber.
c.AggregatedInformation.Aggregatedinformationconcerning productionatthe
CommunitySolarGardenmay be publiclydisclosedto support regulatoryoversightof the
Solar*RewardsCommunityProgram.This includes annualreportsavailable to the public related
tospecific CommunitySolar Gardens, including butnotlimitedtoproductionfrom the Community
Solar Gardens;size,locationand thetype ofCommunitySolar Gardensubscribergroups;reporting
on known complaintsandtheresolution ofthese complaints;lessonslearnedand any potential
changesto the Solar*RewardsCommunityProgram;reportingonBillCreditsearnedandpaid;
andreporting on the application process.Aggregatedinformationwillnotidentify individual
Subscribersor provide Subscriber-SpecificAccountInformation,Subscriber-Specific Energy
UsageData or Subscriber-specificBill Creditsunless aSubscriberprovidesexplicitinformed
consent.Depending onthe nature of the aggregatedinformation,however,itmaystillbepossible
toinferthe amount ofproduction attributedto individual Subscriberstothe CommunitySolar
Garden.The Subscriber agreesto the inclusionofitsproductioninformationinthecreation of the
aggregatedinformation.The
CommunitySolar GardenOperatorwillnot use aggregatedinformationfor purposes unrelated
tothe Solar*RewardsCommunityProgram without firstproviding notice andobtaining further
consent, unless the aggregatedinformationis otherwise available as public information.The
policiesofNorthernStatesPower Company relatedtosharing aggregatedinformationare part
of the data privacypolicies containedintheattachedExhibit 1 ofthis Solar*Rewards
CommunitySubscriber AgencyAgreementandConsentFormand should be providedto
the Subscriber by the CommunitySolar GardenOperatorpursuantSection 3above.
d.InformationRequestsfrom the MPUC or the DepartmentofCommerce.The
Subscriber agreesthat theCommunitySolar GardenOperatorandNorthernStatesPower
Companyare authorizedtoprovide any informationtheypossessrelatedto the Subscriberor
the Subscriber’sparticipationinthe CommunitySolar Gardento the MinnesotaPublic Utilities
Commission(MPUC),the Minnesota DepartmentofCommerce,or theMinnesota Office of
Attorney General.This informationis needed toallow proper regulatory oversight ofNorthern
StatesPower Company and of the Solar*RewardsCommunityProgram.
e.LiabilityRelease.NorthernStatesPower Company shall notberesponsible for
monitoring or taking any stepstoensurethat the CommunitySolarGardenOperatormaintains
the confidentialityof the Subscriber’s Account Information, the Subscriber’s EnergyUsage or
the BillCreditsreceived pertaining to the Subscriber’sparticipationintheCommunitySolar
Garden.However,NorthernStatesPower Company shallremainliableforits own inappropriate
release ofSubscriber’s AccountInformationandSubscriber’sEnergyUse Data.
f.Duration ofConsent.The Subscriber’s consenttothisinformationsharing shall be
ongoing fortheTermof the ContractbetweentheCommunity Solar GardenOperatorand
NorthernStatesPower Company, or until the Subscriber no longerhas aSubscriptiontothe
CommunitySolar Garden and the CommunitySolar GardenOperatornotifiesNorthernStates
Power Company ofthis fact through theCSGApplication System. Provided, however, the
Subscriber’sconsentshallalsoapplythereaftertoallsuchinformation of the Subscriber
pertaining tothatperiod oftime during whichthe Subscriber had a Subscriptiontothe
CommunitySolar Garden.
g.Modification.The above provisions addressing dataprivacy and in Exhibit 1 shall
remaininplace untiland unlessother requirementsare adopted by the MPUC inits generic
privacyproceeding,DocketNo.E,G999/CI- 12 1344,or otherMPUCOrder.NorthernStates
PowerCompanyshallfile necessaryrevisions toits tariffs and contractswithinthirty(30) days
ofsuchOrder.
Exhibit C Description of Premises and System
RamseyCounty
Solar System County:
Premises Ownership and Operator leases the Premises from the North Central States
Regional Council of Carpenters
Control:
Commented \[MM1\]: To be adjustedonce final system size is
Upto 105kW (AC) (representing an initial estimate, which
Solar System Size:
known.
may vary depending on the final design of the System)
Allocated Percentage: 19.5%
Subscriber’s Allocated
Percentage:
Scope:Design and supply grid-interconnected, ground mounted
solar electric (PV) system.
To be inserted once panels purchased(must be on CEC list)
Module(s):
To be inserted once inverters purchased (must be IEEE 1547
Inverter:
qualified)
Anticipated Commercial \[To be inserted once NSPcompletes its interconnection
study. \]
Operation Date:
NSP Unique Garden TBD
Identifier:
Exhibit DEstimate Annual Energy.
Estimated Annual Delivered Energy commencing on the Commercial Operation Date, and
continuing through the Term, with respect to System under the Agreement shall be based on
the Subscription price of $.101/kwh flat for 25 years. The Subscriber will also pass through
and pay to the Operator the $.02/kwh paid to the Subscriber by Xcel Energy as part of the
Community Solar Garden program. Estimated production (which will be updated upon final
completion) and allocation to Subscriber is listed below:
Estimated
Subscriber's Electricity
Year of System Estimated Annual Allocated Allocated to
TermDelivered EnergyPercentageSuvbscriber
1 916,764 19.5% 178,769
2 912,18019.5% 177,875
3 907,61919.5% 176,986
4 903,08119.5% 176,101
5 898,56619.5% 175,220
6 894,07319.5% 174,344
7 889,60319.5% 173,473
8 885,15519.5% 172,605
9 880,72919.5% 171,742
10 876,32519.5% 170,883
11 871,94419.5% 170,029
12 867,58419.5% 169,179
13 863,24619.5% 168,333
14 858,93019.5% 167,491
15 854,63519.5% 166,654
16 850,36219.5% 165,821
17 846,11019.5% 164,991
18 841,87919.5% 164,166
19 837,67019.5% 163,346
20 833,48219.5% 162,529
21 829,31419.5% 161,716
22 825,16819.5% 160,908
23 821,04219.5% 160,103
24 816,93719.5% 159,303
25 812,85219.5% 158,506
* For the purposes of the table Term year 1 begins on the Commercial Operation Date
The values in the table above are estimatesof (i) the kWhs of Delivered Energy expected to
be generated annually by the System and (ii) the portion of the Delivered Energy generated
annually that is to be allocated to Subscriber pursuant to Subscriber’s Allocated Percentage,
which amount is derived by multiplying the estimated Delivered Energy by the Subscriber’s
Allocated Percentage in each year. The table will be updated upon final design of the
System; provided, however, any such updated values arealso estimates.Estimated Delivered
Energy maybe reduced if the system size is reduced due to square footage limitations on the
leased land.
Operators used the following methodology to develop the above production projections:
National Renewable Energy Laboratory’s PVWatts and SAM software tools.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK.
3
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#1234567
Agenda Item 5.b.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM: Shann Finwall, AICP, Environmental Planner
DATE: April 12, 2017
SUBJECT:2040 Comprehensive Plan Steering Committee
Introduction
Every 10 years, all Twin Cities metro cities and countiesare required to update its
comprehensive plan to ensure compatibility with the plans adopted by the Metropolitan
Council. Chapters and areas of focus include land use, housing, sustainability, parks,
natural resources, transportation, historical resources, surface water and sanitary sewer.
Involvement from staff, appointed officials, and elected officials is imperative to a successful
comprehensive planning process. City staff and the city’s comprehensive planning consultant
– HKGi – will be regularly meeting with a 2040Comprehensive Plan Steering Committee
who will oversee the planning process. The steering committee will be comprised of one
member from each of the city’s appointed citizen board and commissions. This committee
will meet approximately every other month over the next year. Meeting times will be
established once members have been identified.
As a point of information, city staff will provide updatesand presentations tothe board and
commissions to keep them apprised of the comprehensive planning process and from time to
time, to seek feedback and direction on various ideas and initiatives.
Discussion
Overview
The city’s existing 2030 Comprehensive Plan was adopted on January 25, 2010. As
required by state law, Maplewood must update its comprehensive plan to meet policies
established by the Metropolitan Council’s Thrive MSP 2040 policy plans. The city
actually began this process when it adopted the Maplewood Parks System Plan in
January of 2015. This parks plan replaced the chapter adopted with the comprehensive
plan in 2010 and will be incorporated in the updated 2040 Comprehensive Plan.
Work Plan
Maplewood is required to submit its updated comprehensive plan to the Metropolitan
Council for review by the endof 2018. HKGi – the city’s planning consultant – has
proposeda work plan that will last through the midway point of 2018. This work plan is
divided into eight tasks.
Task1-Organize the effort
Task2-Understand the context
Task3-Engagement Phase 1-understand what is desired
Task4-Explore the possibilities
Task5-Update the plan elements
Task6-Engagement Phase 2 -consult and collaborate
Task7-Assemble the final plan and seek approvals (Engagement Phase 3)
Task8-Prepare plan for distribution and agency approvals
2040 Comprehensive Plan Steering Committee
The 2040 Comprehensive Plan Steering Committeewill be engaged at every step of the
previously detailed work plan. The first meeting for the 2040 Comprehensive Plan
Steering Committee will be held on May 22, 2017 at 5 p.m. This will be a joint meeting
conducted with the city council and the planning commission and will serve as a
“Maplewood Comprehensive Planning101”. This meeting will be designed to provide an
orientation to comprehensiveplanning in general and willalso include a review of the
current plan, requiredcomprehensive plan contents, the Metropolitan Council’sThrive
2040 initiative, Maplewood’s SystemStatement, the schedule for the update process
and other pertinent information.
Recommendation
Please select onememberfrom the Environmental and Natural Resources Commission
to serve on the 2040 Comprehensive Plan Steering Committee.
Attachments
None
Agenda Item 6.a.
MEMORANDUM
TO: Environmental and Natural Resources Commission
FROM:Shann Finwall, AICP, Environmental Planner
DATE: April 14, 2017
SUBJECT:Urban Agriculture – Zoning Review
Introduction
Urban agriculture is the practice of growing, processing and distributing fresh food by people
living in urban areas. Urban agriculture is one of the Environmental and Natural Resources
(ENR) Commission’s goals. There are four aspects of the Commission’sreview including:
Animal agriculture (keeping of poultry, etc.)
Crop agriculture (community gardens, etc.)
Direct to consumer sales (farm stands, etc.)
City Programming (composting classes, etc.)
The ENR Commission has been reviewing the City’s ordinances and policies and making
recommendations that will remove barriers and promote urban agriculture, while ensuring no
negative impacts to surrounding properties.During the April 2017 ENRCommission meeting
the Commission will review animal agriculture comments/recommendations received from the
Planning Commission and continue discussions on community garden regulations.
Background
2015,2016, 2017: The ENR Commission identified urban agriculture asa goalin their annual
reports.
January 27, 2016: The ENR Commission formed an urban agriculture subcommittee made up
of three Commissioners. The subcommittee was charged with researching the City code to
determine where urban agriculture uses are permitted and prohibited, and reporting that
information to the full ENR Commission.
June 16, 2016: The ENR Commission’s urban agriculture subcommittee submitted the attached
urban agriculture report to the full ENR Commission (Attachment 1). Based on this report, the
ENR Commission has been reviewing and making recommendationsto City code to remove
barriersto urban agriculture uses, while ensuringno negative impacts to surrounding properties.
December 19, 2016: The ENR Commission recommended approval of animal agriculture
amendments to the City codesummarized here and attached to this document (Attachment 2):
Keeping of poultry
o Allowing other poultry in addition to chicken (i.e., quail and pheasants).
o Increasing the number of poultry from 10 hens to a maximum of 30 poultry with a
permit, depending on size of lot.
o Changing the neighborhood consent requirements from 100 percent to a majority
consent for approval of a poultry permit.
o Allowing the keeping of poultry on property that is not zoned single family
residential with a permit.
Beekeeping
o Allowbeekeeping in any zoning district as a permitted use.
o Hive placement requirements
o Best practice requirements
Aquaculture and aquaponics
o Amend the M-1 and M-2 Zoning Districts to allow for these uses.
Temporary keeping of goats and sheep for vegetative management
o Allow the temporary keeping of goats and sheep (up to 60 days) for vegetative
management with a permit.
o Require a majority neighborhood consent for the temporary keeping of goats and
sheep.
o Allow up to 75 goats or sheep, depending on size of lot.
February 21, 2017: The Planning Commission reviewed the animal agriculture amendments
and offered comment and feedback to the proposed changes (outlined below).
Discussion
Animal Agriculture
Planning Commission Review
ThePlanning Commission had their first review of the urban agriculture zoning review including
the proposed animal agriculture ordinance amendments on February 21, 2017. The Planning
Commission was generally supportive of the City removing barriers to urbanagriculture. The
following comments/recommendations were received by some of the Commissioners regarding
the animal agriculture ordinance:
Keeping of Poultry:
1.Why exclude turkey from the list of poultry allowed?
2.Concerns with code enforcement associated with the keeping of poultrywere expressed.
The City’s code enforcement personnel seem busy enough trying to enforce other
property maintenance enforcement issues.
3.The City should maintain the 100 percent neighborhood consent for the keeping of
poultry.
4.It would be helpful to see the data on the effect of keeping of poultry on surrounding
residential property values.
Keeping of Bees:
1.Some people are allergic to bees. What is the City’s legal liability if bees are allowed
and someone gets stung and has an allergic reaction?
2.The City should require fences and “keep out” signs around bee hives.
Ordinance Amendments
Last spring a few Maplewood residents requested that the City amend the chicken ordinance
(now titled poultry ordinance) to remove the 100 percent neighborhood consent requirement for
2
a permit. These residents are now following up with the City to see if the change has been
made. While the animal agriculture ordinance amendments are almost complete, including the
recommendation to remove the 100 percent neighborhood consent, the ENRCommission still
has crop agriculture and direct to consumer sales to review prior to a comprehensive
recommendation for overall urban agriculture amendments.One of the Maplewood residents
interested in the change to the poultry ordinance will be present during the April 17 ENR
Commission meeting to discuss the animal agriculture ordinance.
Crop Agriculture
There are six components to crop agriculture review including 1) community gardens; 2) front
yard gardening; 3) private gardening on vacant lots; 4) market gardens; 5) urban farms; and 6)
season extenders. During the April meeting the ENRCommission should continue their review
of the community garden ordinance amendments.
Community Gardens
Existing Gardens: There are approximately six community gardens in Maplewood as follows:
Overall
Community Zoning/Land Lot Garden Garden
GardenOwner/OperatorLocationUseSizeS.F. AcresCity Approval
SW Corner of
Harvest First Evangelical Co Rd C & 16.45 716,562
GardensChurchHazelwoodR-1/R-1Acress.f.16.45No
N of Edgerton
School -19299.42 12,570
Edgerton ParkMaplewoodEdgertonPark/ParkAcress.f.0.28Yes
Rice Street 1958 Rice 13.31 110,461
GardensGalilee Church StreetBC/BCAcress.f.2.53Yes
Parkway
Maple Hills Maple Hills Drive/Maple 152101.13
TownhomesTownhomesHills DrivePUD/R-3Acress.f.0.04No
NE Corner of
Harmony Co Rd C & 8.52 16,381
GardenSchool DistrictWh Bear AvePUD/GovernmentAcress.f.0.37No
Carver 2680 Upper Farm with 9.55 5,955
Elementary School DistrictAftonCUP/GovernmentAcress.f.0.13No
Existing Garden Regulations: The City’s zoning code is silent on the use of land for a
community garden. The community gardens within the City are located on church, school, City,
townhouse, and business properties. The only community gardens that required City approvals
to date are Edgerton Park, approved as part of the City’s park plan, and Rice Street Gardens,
approved with a conditional use permit for a public use in the Business Commercial zoning
district. The other community gardens were installedeither with or without the City’s
knowledge, but considered part of the overall conditional use permit for the schools, as an
accessory use for the townhouse development, and as a pre-existing farming use for the
Harvest Gardens located on the First Evangelical Church’s property at the southwest corner of
County Road C and Hazelwood Street.
Proposed Garden Regulations: The Community Garden Policy Reference Guidecreated by the
Public Health Law Center in 2012 is a valuable resource to creating policies for community
gardens (Website Link 1). The guide outlines land use issues that should be reviewed with the
approval of a community garden including:
3
Zoning Districts
Parking
Setbacks
Fences
Permanent Structures
Signage
Water
Equipment
Sale/Use of Garden Products
Garden Design and Landscaping
Gardener Rules
Lease Agreement
Equipment
Soil Conditions
Raised Beds
Pest Control
Allowing community gardens with a conditional use permit would give the City the opportunity to
review the land use issues on a case by case basis. Conditions could then be required on each
community garden to address the issues. Allowing community gardens as a permitted use with
a permit, however, will require that the City create standards that will address all issues for any
type of community garden.
Urban Agriculture Subcommittee
The Urban Agriculture Subcommittee made up of Commissioner Miller and Sinn reviewed the
City of St. Paul’sUrban Agriculture ordinanceand arerecommending the Commission adopt
similar changes to the Maplewood ordinance(Website Link 2). St. Paul’s ordinance allows
community gardens in any zoning district with a conditional use permit if they are over one acre,
and with site plan reviewif they are one acre or under(Website Line 3). The site plan review
requires a $35 fee and is reviewed by staff to ensure the garden meets the standards outlined in
the code.The Urban Agriculture Subcommittee recommends a similar approach to community
gardens in Maplewood. The recommendations are outlined below:
Community Gardens Over One Acre –Allowed in any zoning district with a conditional
use permit.
Community Gardens Under One Acre –Allowed in any zoning district with a site plan
review. The following standards must be met:
1.Name and address of lot owner.
2.Name of site manager, point of contact, or sponsor.
3.Site plan showing the location of all plots, sheds, structures, and fencing.
4.A soil test showing that lead levels are less than one hundred parts per million
(100ppm), or raised planting beds with soil barriers and clean, imported soil will
be required.
5.Community garden must maintain a 5-foot setback to all property lines.
6.Community garden on-site sales shall be limited only to products grown on the
site.
4
a.Sales shall be limited to no more than six (6) calendar days a year.
b.Sales shall only take place between the hours of 7am –7pm.
c.Sales shall not take place on the public sidewalk or boulevard.
7.A building permit is required for structures larger than 200square feet in area.
8.The use shall be subject to the minimum property maintenance standards as
outlined in Maplewood City ordinances.
9.The use shall abide by noise regulations as outlined in Maplewood City
ordinances.
10.The use shall be conducted in a manner that controls odor, dust, erosion,
lighting, and noise and is in compliance with city standards so as not to create a
nuisance.
11.Any tools, equipment, and material shall be stored and concealed within an
enclosed, secure structure.
12.When acommunity garden has been discontinued:
a.The property shall be preferably be restored with native plantings; or at a
minimum grassand ground cover to control erosion, dust, and mud.
b.All structures accessory to the community garden shall be removed.
Recommendations
1.Review and offer comment and feedback on thePlanning Commission’s
comments/recommendations to the animal agriculture ordinance amendments.
2.Review and over comment and feedback on the Community Garden ordinance
amendments.
Attachments
1.Urban Agriculture Zoning Review Study
2.Animal Agriculture Ordinance Amendments
a.Poultry Ordinance
b.Beekeeping Ordinance
c.Aquaculture/Aquaponics Ordinance
d.TemporaryKeeping of Goats/Sheep
Website Link
1. Community Garden Policy Reference Guide, Public Health Center, 2012
2. St. Paul’s Urban Ag Ordinance
3. St. Paul’s Urban Ag Site Plan Review
5
Attachment 1
City of Maplewood Urban Agriculture – Zoning Review
Update June 16, 2016
The Environmental and Natural Resources (ENR) Commission’s 2016 goal is to review the
City’s ordinances and make recommendations that will remove barriers and promote urban
agriculture uses. There are four aspects of the Commission’s review including:
Animal agriculture (keeping of chickens, etc.)
Crop agriculture (community gardens, etc.)
Direct to consumer sales (farm stands, etc.)
City Programming (composting classes, etc.)
Review of Existing Codes
The urban agriculture subcommittee reviewed the City’s existing zoning code to determine
where urban agriculture uses are permitted, or could be interpretedto be permitted, and where
there are barriers to the use.For animal agriculture uses the following ordinances apply:
Residential
Farm District (Sections 44-71 and 44-72): It is estimated there are 200 residential lots that
are zoned Farm District. The Farm District zoning is a remnant district from the City’s
agricultural era. As large lots were subdivided into smaller lot residential developments,
Farm zoned land had been rezoned to Single Family Residential District (R-1).Livestock
raising and handling are allowed in the Farm District with a conditional use permit. Livestock
is defined as “horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture
husbandry, or the production of edible or salable byproducts.”
Single and Double Dwelling Residential Districts Including R-1, R-1(R), R-E, R-1S, R-2
(Sections 44-101,44-117,44-152,44-192,44-241):
o Permitted Uses
Single family homesand accessory uses.
Bees - Keeping of Certain Animals (Section 10-32):No person shall keep, maintain,
or harbor within the city any animal kept in such numbers or in such a way as to
constitute a likelihood of harm to the public, which constitutes a public nuisance.
Definition of animal includes “insect.” Interpretation – bees are allowed as long as
they don’t become a nuisance.
o Prohibited Uses
Raising or handling of livestock and poultry(except chickens as outlined in Article
IX).
o Home Occupations (Division 2)with a permit approved by the City Council if any of the
following circumstances would occur more than 30 days each year.
Employment of a nonresident.
Customers or customers’ vehicles on the premises.
Home Occupations must not:
Have more than one vehicle associated with the home occupation which is classified
as a light commercial vehicle.
Not generate traffic in greater volumes than would normally be expected in a
residential neighborhood.
Have more than one non-resident employee workingon the premises.
Have vehiclesassociated with the home occupation parked on the street.
Section 44-101includes permitted uses in residential zoning districts and specifies that
commercial plant nurseries and greenhouses on a property with a dwelling are allowed
with a home occupation license. Interpretation - aquaculture and aquaponicscould be
allowed with a home occupation.
o Uses Allowed with a Permit
Chickens (Article IX): Keeping of up to ten hens with a permit approved by City staff
is allowed in residential districts (except R-1S). Maplewood’s chicken ordinance was
adopted in 2011 and allows the keeping of up to ten hens on residential property with
a permit. A property owner applying for a permit must have consent from 100
percent of their adjacent property owners for the City to issue the permit. The fee for
a chicken permit is $75 for the first year, and $50 thereafter.
Commercial
Light Manufacturing District:
o Permitted uses in Section 44-636allows manufacturing, assembly or processing of food
products, except meat, poultry or fish. Interpretation – assembly or processing of meat,
poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which
refers to fish farming and closed loop systems that create a relationship between plants
and food.
Heavy Manufacturing District:
o Permitted uses in Section 44-676allow manufacturing, assembly or processing of food
products, except meat, poultry or fish. Interpretation – assembly or processing of meat,
poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which
refers to fish farming and closed loop systems that create a relationship between plants
and food.
Conditional Use Permits (Article V): The City Council may issue conditional use permits for
the following uses in any zoning district where they are not specifically prohibited: “Public
and private utilities, public service, or public building uses.”Interpretation – public service or
public building uses could include animal agriculture by a public entity in some zoning
districts with a conditional use permit.
Attachment 2
ORDINANCE NO._______
An Ordinance Allowing the Keeping of Poultry in
Single Dwelling ResidentialDistricts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Codeto allow the keeping of
poultry in single dwelling residential districts. (Additions are underlined and deletions
are stricken from the original ordinance.)
Definitions
Chapter 44 (Zoning), Article I (District Regulations)
Sec. 44-6. Definitions.
Livestockmeans horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture,
husbandry, or the production of edible or salable byproducts. This definition shall be expressly
construed as having no application to the ownership or disposition ofpoultry.animals addressed
bychapter 10.
Poultrymeans domesticated birds in the order of Galliformes (excludingthe genus Meleagri)
that serve as a source of eggs or meat.and that include among commercially important kinds,
chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others.
Farm District
Chapter 44 (Zoning), Article II (District Regulations), Division 2 (F Farm Residence District)
Sec. 44-71. Permitted uses.
The only uses permitted in the F farm residence district are the following:
(1)Any uses permitted in the R-1 residence district subject to its regulations.
….
Sec. 44-72. Conditional uses.
In the F farm residence district, the following uses may be permitted by conditional use permit:
(1)Any use allowed by conditional use in the R-1 residence district, except that equipment
and vehicles used for on-site farming or equipment and vehicles used for on-site
landscaping business or any other similar business approved with a conditional use
permit, as described in subsection (5) of this section, shall be permitted.
….
R-1 District
Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence District – Single
Dwelling)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1)The raising or handling of livestock, poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens)or animals causing a nuisance, except for licensed
kennels.
(2)Accessory buildings without an associated dwelling on the same premises.
(3)Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale of display of commercial products,when not on a property with a residential use.
R-1R District
Chapter 44 (Zoning), Article II (District Regulations), Division 3.5 (R-1R Rural Conservation
Dwelling District)
Sec. 44-118. Uses.
(a) …
(b) …
(c) Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
(1)Accessory buildings without an associated single dwelling on the same property.
(2)The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens)or animals causing a nuisance,
except for licensed kennels.
RE District
Chapter 44 (Zoning), Article II (District Regulations), Division 4(RE Residence Estate District)
Sec. 44-152. Permitted and conditional uses.
Any permitted or conditional use permitted in an R-1 residence district (single dwelling) is
permitted in an R-E residence estate district. Such uses are subject to the R-1 regulations,
except as stated in sections 44-153 and 44-154.
Sec. 44-153. Accessory uses; prohibited uses.
Any accessory use permitted in an R-1 district (single dwelling) is permitted in the R-E
residence estate district. Any prohibited use in the R-1 district is prohibited in the R-E district.
R-1S District
Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-Lot Single-Dwelling
District)
Sec. 44-192. Uses.
(1)Permitted uses. The only permitted uses allowed in the R-1S small-lot single-dwelling
residential district are the permitted uses in the R-1 district.
(2)Prohibited uses.
(a)Accessory buildings without an associated dwelling on the same premises.
(b)The raising or handling of livestock, poultryor animals causing a nuisance,
except for licensed kennels.
(c) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S
district.
Sec. 44-193. Conditional uses.
In the R-1S small-lot single-dwelling district, the city may permit any use permitted by
conditional use permit in the R-1 district.
Section. This section adds languageto the city’s Animal Ordinance (Chapter 10) to
address the permitting requirements for poultry in all zoning districts. (Additions are
underlined and deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article IX (PoultryChickens)
Sec. 10-476. Definitions.
Brooding means the period of poultrychickengrowth when supplemental heat must be provided,
due to the bird’s inability to generate enough body heat.
Chicken means a domesticated bird of the order Galliformes(excluding the genus Meleagri)that
serves as a source of eggs or meat.
Coop means the structure for the keeping or housing of poultrychickenspermitted by the
ordinance.
Exercise yard means a larger fenced area that provides space for exercise and foraging for the
birds when supervised.
Hen means a female chicken.
Officer means any person designated by the city manager as an enforcement officer.
Poultry means domesticated birds in the order of Galliformes (excludingthe genus Meleagri)
that serve as a source of eggs or meat.
Rooster means a male domesticated bird in the order of Galliformes.
Run means a fully enclosed and covered area attached to a coop where the poultrychickens
can roam unsupervised.
Sec. 10-477. Purpose.
It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also
be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the
keeping and maintenance of poultryhensfor egg and meatsources in a clean and sanitary
manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the
community.
Sec. 10-478. Investigation and Enforcement.
Officers designated by the city manager shall have authority in the investigation and
enforcement of this article, and no person shall interfere with, hinder or molest any such officer
in the exercise of such powers. The officer shall make investigations as is necessary and may
grant, deny, or refuse to renew any application for permit, or terminate an existing permit under
this article.
Sec. 10-479. Limitations for the keeping of poultry: each single dwelling residential unit, except
the R-1S district where the keeping of chickens is prohibited:
(1)Keeping of poultry is allowed in all zoning districts with a permit as outlined below.
(2) if the following Number of Poultry:Up to ten (10) poultry on residential lots that are
10,000 square feet in area or less, with one (1) additional poultry per every 5,000 square
feet of lot area over 10,000 square feet, or a maximum of thirty (30)poultry, whichever is
less. No more than ten (10) hens shall be housed or kept on any one (1) residential lot
in any area of the city zoned for single dwelling residential with a permit as outlined
below.
(32) Roosters:Roosters are prohibited.
(43) Slaughtering:Slaughtering of poultrychickenson the property is prohibited.
(54) Leg banding of all chickens is required. The bands must identify the owner and the
owner’s address and telephone number.
(65) A separate coop is required to house the poultrychickens. Coops must be constructed
and maintained to meet the following minimum standards:
(a)Located in the rear or side yard.
(b)Setback at least five (5) feet from the rear or side property lines.
(c) Interior floor space – four (4) square feet per bird.
(d)Interior height – six (6) feetadequate roomto allow access for cleaning and
maintenance.
(e)Doors – one (1) standarddoorto allow humans to access the coop and one (1)
for birds (if above ground level, must also provide a stable ramp).
(f)Windows – one (1) square foot window per ten (10) square feet floor space.
Windows must be able to open for ventilation.
(g)Climate control – adequate ventilation and/or insulation to maintain the coop
temperature between 32 – 85 degrees Farenheit.
(h)Nest boxes – one (1) box per everythree (3) hens.
(i)Roosts – shall be sufficient for the number of birds in the coop.one and one-half
(1 1/2) inch diameter or greater, located eighteen (18) inches from the wall and
two (2) to three (3) inches above the floor.
(j)Rodent proof – coop construction and materials must be adequate to prevent
access by rodents.
(k)Coops shall be constructed and maintained in a workmanlike manner.
(76) A run or exercise yard is required.
(a)Runs must be constructed and maintained to meet the following minimum
standards:
1)Location: rear or side yard.
2)Size: Ten (10) square feet per bird, if access to a fenced exercise yard is
also available; sixteen (16) square feet per bird, if access to an exercise
yard is not available. If the coop is elevated two (2) feet so the
poultryhenscan access the space beneath, that area may count as a
portion of the minimum run footprint.
3)Height: Adequate roomSix (6) feet in heightto allow access for cleaning
and maintenance.
4)Gate:One gate to allow human access to the run.
5)Cover: Adequate to keep poultryhensin and predators out.
6)Substrate: Composed of material that can be easily raked or regularly
replace to reduce odor and flies.
(b) Exercise yards must be fenced and is required if therun does not provide at least
sixteen (16) square feet per bird. Exercise yards must provide a minimum of
one-hundred seventy-four (174) square feet per bird.chicken.
(87) PoultryChickensmust not be housed in a residential houseor commercial building.
(9) Poultry must not be housedinoranattached or detached garage, except for brooding
purposes only.
(108) All premises on which poultryhensare kept or maintained shall be kept clean from filth,
garbage, and any substances which attract rodents. The coop and its surrounding must
be cleaned frequently enough to control odor. Manure shall not be allowed to
accumulate in a way that causes an unsanitary condition or causes odors detectible on
another property. Failure to comply with these conditions may result in the officer
removing poultrychickensfrom the premises and/or revoking a poultrychickenpermit.
(119) All grain and food stored for the use of the poultryhenson a premise with a
poultrychickenpermit shall be kept in a rodent proof container.
(1210) PoultryHensshall not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent property.
(1311) Dead poultrychickensmust be disposed of according to the Minnesota Board of Animal
Health rules which require chicken carcasses to be disposed of as soon as possible after
death, usually within forty-eight (48) to seventy-two (72) hours. Legal forms of chicken
carcass disposal include burial, off-site incineration or rendering, or composting.
Sec. 10-480. Permit.
(1)Permit required.
The officer shall grant a permit for poultrychickensafter the applicant has sought the
written consent of a majorityone hundred (100) percentof the owners or occupants of
privately or publicly owned real estate that are located adjacent (i.e., sharing property
lines) on the outer boundaries of the premises for which the permit is being requested, or
in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet
or more from anyresidential homehouse.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person
in charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officerdeems necessary.
Sec. 10-481.
(2)Application.
Any person desiring a permit for the keeping of poultry under the provisions of this article
shall make written application to the city clerk upon a form prescribed by and containing
such informationas required by the city clerk and officer. Among other things, the
application shall contain the following information:
(a1) A description of the real property upon which it is desired to keep the
poultrychickens.
(b2) The genusbreedand number of poultrychickensto be maintained on the
premises.
(c3) A site plan of the property showing the location and size of the proposed
poultrychickencoop and run, setbacks from the poultrychickencoop to property
lines and surrounding buildings (including houses and buildings on adjacent lots),
and the location, style, and height of fencing proposed to contain the
poultrychickensin a run or exercise area.Portable coops and cages are
allowed, but portable locations must be included with the site plan.
(d4) Statements that the applicant will at all times keep the poultrychickensin
accordance with all of the conditions prescribed by the officer, or modification
thereof, and that failure to obey such conditions will constitute a violation of the
provisions of this chapter and grounds for cancellation of the permit.
(e5) Such other and further information as may be required by the officer.
Sec. 10-482.
(3)Permit conditions.
If granted, the permit shall be issued by the city clerk and officer and shall state the
conditions, if any, imposed upon the permitted for the keeping of poultrychickensunder
this permit. The permit shall specify the restrictions, limitations, conditions and
prohibitions which the officer deems reasonably necessary to protect any person or
neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance,
or to protect the public health and safety. Such permit may be modified from time to
time or revoked by the officer for failure to conform to such restrictions, limitations,
prohibitions. Such modification or revocation shall be effective after ten (10) days
following the mailing of written notice thereof by certified mail to the person or persons
keeping or maintain such poultrychickens.
Sec. 10-483.
(4)Violations.
(a1) Any person violating any of the sections of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction, shall be punished in accordance with
section 1-15.
(b2) If any person is found guilty by a court for violation of this section, their permit to
own, keep, harbor, or have custody of poultrychickensshall be deemed
automatically revoked and no new permit may be issued for a period of one (1)
year.
(c3) Any person violating any conditions of this permit shall reimburse the city for all
costs borne by the city to enforce the conditions of the permit including but not
limited to the pickup and impounding of poultrychickens.
Sec. 10-484.
(5) Required; exceptions.
No person shall (without first obtaining a permit in writing from the city clerk) own, keep,
harbor or have custody of any live poultrychicken.
Sec. 10-485.
(6)Fees; issuance.
For each residential site the fee for a permit is as may be imposed, set, established and
fixed by the City Council, by resolution, from time to time.
Sec. 10-486.
(7)Term.
The expiration date of such permit is as may be imposed, set, established and fixed by
the city clerk, from time to time.
If there are no violations of this chapter after the first
year and thereafter, the permit shall expire every two (2) years.A permitrenewal
application shall be filed with the office of the city clerk prior to the expiration date.
Sec. 10-487.
(8)Revocation.
The city manager may revoke any permit issued under this ordinance if the person
holding the permit refuses or fails to comply with this ordinance, with any regulations
promulgated by the city council pursuant to this ordinance, or with any state or local law
governing cruelty to animals or the keeping of animals. Any person whose permit is
revoked shall, within ten (10) days thereafter, humanely dispose of all poultrychickens
being owned, kept or harbored by such person, and no part of the permit fee shall be
refunded.
ORDINANCE NO._______
An Ordinance Allowing the Keeping of Bees
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the animal chapter to allow the keeping of bees as a
permitted use in all zoning districts.(Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 10 (Animals), Article XI (Bees)
Sec. 10-511.Definitions
Beemeans a domestic honeybeeof the speciesApis mellifera
Beekeeper means a person who is responsible for the keeping of bees on a property.
Beekeeping means the keeping of bees in a hive.
Hivemeansa structure intended for the housing of a bee colony.
Sec. 10-512.
Beekeeping is permitted outright (in all zoning districts) as an accessory use.
Sec. 10-513.
General Regulations:
(1)Beekeepers must not cause a public nuisancewith their beekeeping.
(2) Beekeepers must keep current with best practices in the keeping of bees including:
a) test and treat honeybees for mites and pests
b)supply a constant source of water for all hives
Sec. 10-514.
Hive Regulations:
(1)No hive shall be located closer than five (5) feet from any property line.
(2)No hive shall be located closer than ten (10) feet from a public sidewalk.
(3)No hive shall be located closer than twenty-five (25) feet from a principal building on an
adjoining lot.
(4)No hive shall be located on a rooftop unless inspected and permitted by the building
department.
ORDINANCE NO._______
An Ordinance AllowingAquaculture and Aquaponics in the M-1 and M-2 Zoning Districts
The Maplewood City Council approves the following changes to the MaplewoodCode of
Ordinances:
Section 1. This section amends the M-1 (Light Manufacturing) and M-2 (Heavy
Manufacturing) zoning districts to allow aquaponics and aquaculture as a permitted use
in these district.(Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 44-6. Definitions
Aquaculturemeans the farming of aquatic organisms such as fish, crustaceans, and mollusks.
It involves cultivating freshwater and saltwater aquatic populations under controlled conditions
for the production and sale of fish.
Aquaponicsmeans a closed-loop system between plants and fish. It involves cultivating fish
and plants in a symbiotic environment for the production and sale of fish and produce.
Sec. 44-636. Permitted Uses
The city shall permit the following uses by right in the M-1 light manufacturing district:
. . .
(6)Manufacturing, assembly or processing of:
. . .
(d)Food products, except meat, poultry or fish(excluding the assembly or
processing of fish associated with aquaponics or aquaculture operations).
Section 2. This section is listed Sec. 44-676. Permitted Uses
The city shall permit the following uses by right in the M-1 heavy manufacturing district:
(1)Any use permitted in the M-1 district except adult use accessory.
ORDINANCE NO._______
An Ordinance Allowing the Temporary Keeping of Goatsand Sheep
The MaplewoodCity Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Codeto allow the temporary
keeping of goats and sheep in all zoning districts with a permit. (Additions are
underlinedand deletions are stricken from the original ordinance.)
Definitions
Chapter 44 (Zoning), Article I (District Regulations)
Sec. 44-6. Definitions.
Livestockmeans horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture,
husbandry, or the production of edible or salable byproducts. This definition shall be expressly
construed as having no application to the ownership or disposition ofpoultry.animals addressed
bychapter 10.
Poultrymeans domesticated birds in the order of Galliformes (excludingthe genus Meleagri)
that serve as a source of eggs or meat.and that include among commercially important kinds,
chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others.
Farm District
Chapter 44 (Zoning), Article II (District Regulations), Division 2 (F Farm Residence District)
Sec. 44-71. Permitted uses.
The only uses permitted in the F farm residence district are the following:
(1)Any uses permitted in the R-1 residence district subject to its regulations.
….
Sec. 44-72. Conditional uses.
In the F farm residence district, the following uses may be permitted by conditional use permit:
(1)Any use allowed by conditional use in the R-1 residence district, except that equipment
and vehicles used for on-site farming or equipment and vehicles used for on-site
landscaping business or any other similar business approved with a conditional use
permit, as described in subsection (5) of this section, shall be permitted.
….
R-1District
Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence District – Single
Dwelling)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1)The raising or handling of livestock, poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens)(except for goats and sheep outlined in Chapter 10,
Article X, Goatsand Sheep) oranimals causing a nuisance, except for licensed kennels.
(2)Accessory buildings without an associated dwelling on the same premises.
(3)Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale of display of commercial products, when not on a property with a residential use.
R-1R District
Chapter 44 (Zoning), Article II (District Regulations), Division 3.5 (R-1R Rural Conservation
Dwelling District)
Sec. 44-118. Uses.
(a) …
(b) …
(c) Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
(1)Accessory buildings without an associated single dwelling on the same property.
(2)The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens)(except for goatsand sheepoutlined
in Chapter 10, Article X, Goatsand Sheep) or animals causing a nuisance,
except for licensed kennels.
RE District
Chapter 44 (Zoning), Article II (District Regulations), Division 4(RE Residence Estate District)
Sec. 44-152. Permitted and conditional uses.
Any permitted or conditional use permitted in an R-1 residence district (single dwelling) is
permitted in an R-E residence estate district. Such uses are subject to the R-1 regulations,
except as stated in sections 44-153 and 44-154.
Sec. 44-153. Accessory uses; prohibited uses.
Any accessory use permitted in an R-1 district (single dwelling) is permitted in the R-E
residence estate district. Any prohibited use in the R-1 district is prohibited in the R-E district.
R-1S District
Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-Lot Single-Dwelling
District)
Sec. 44-192. Uses.
(1)Permitted uses. The only permitted uses allowed in the R-1S small-lot single-dwelling
residential district are the permitted uses in the R-1 district.
(2)Prohibited uses.
(a)Accessory buildings without an associated dwelling on the same premises.
(b)The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens)(except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance,
except for licensed kennels.
(c) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S
district.
Sec. 44-193. Conditional uses.
In the R-1S small-lot single-dwelling district, the city may permit any use permitted by
conditional use permit in the R-1 district.
Section 2. This section amends the animal chapter to allow the temporary keeping of
goats and sheep in all zoning districts with apermit. (Additions are underlinedand
deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article X (Goatsand Sheep)
Sec. 10-492. Definitions
Buckmeansa male goat.
Doemeans a female goat.
Goatmeans an animal in the subspecies of Capra Aegagrus Hircus.
Grazingmeans goats or sheep eating vegetation.
Officermeans any person designated by the City Manager as an enforcement officer.
Ram meansa male sheep.
Sheep means and animal in the subspecies ofOvis Aries
Wethers means a castrated buck.
Sec. 10-493. Purpose.
It is the purpose of this ordinance to permit the keeping and maintenance of goats andsheep
brought in temporarilyfor the purpose of vegetation management.
Sec. 10-494. Permitted Use.
The City allows the temporary keeping of goatsand sheepin all zoning districts for vegetation
management with a permit issued by the City Clerk.
Sec. 10-495. Permit Required.
(1)No person shall stable, keep, or permit any goatsorsheep to remain on any lot or
premises within the city without a permit. The City Manager or their designee shall grant
a permit for goatsor sheepafter the applicant has met all requirements contained in this
ordinance.
(2)The Officer shall grant a permit for the temporary keeping of goats or sheep after the
applicant has sought the written consent of a majority of the property owners of privately
or publicly owned real estate that are located adjacent (i.e., sharing property lines) on
the outer boundaries of the premises for which the permit is being requested, or in the
alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or
more from any house.
(4)Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner, manager, or other person in
charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-496. Application.
Any person desiring a permit required under the provisions of this ordinance shall make written
application to the City Clerk upon a form prescribed by and containing such information as
required by the City Clerk and officer. Among other things, the application shall contain the
following information:
(1)A description of the real property upon which it is desired to keep goatsor sheep.
(2)The breed and number of goats or sheep to be maintained on the premises.
(3)The timeframe for grazing at the property.
(4)A site plan of the property showing the location and size of the proposed grazing area.
Grazing must follow the wetland ordinance.
(5)List of person(s) managing and monitoring the goats and sheep and their qualifications
in the raising, handling, and controlling of goatsor sheep.
(6) Statements that the applicant will at all times keep the goats and sheep in accordance
with all of the conditions prescribed by the officer, or modification thereof, and that failure
to obey such conditions will constitute a violation of the provisions of this ordinance and
grounds for cancellation of the permit and/or the issuance of a citationto the applicant.
Sect 10-497. - Limitations for the Keeping of GoatsandSheep:
(1)Permitted and ProhibitedGoats and Sheep:Does and Wethers are permitted; Bucks
and Rams are prohibited.
(2)Fences: Every owner, keeper, custodian, or harborer of goats or sheep shall erect
and/or maintain a fence, as described in this ordinanceand the fence ordinance found in
Section 12-3,to contain and confine all goats and sheep kept or maintained on the
premises. The fence shall be at least five (5) feet in height and the meshing shall be of a
size to contain the goats and sheep.The goats and sheep may be moved to a separate
holding pen at night, which shall be located the maximum distance practicable from
residences.
(3) Number of Goats or Sheep Allowed:Up to four (4)goats or sheep on parcels that are
ten thousand (10,000) square feet in area or less, with one (1) additional goat or sheep
per every onethousand (1,000) square feet of lot area over tenthousand (10,000)
square feet, to a maximum of seventy-five (75) goats or sheep per parcel.
(4) All sites on which goatsor sheepare kept or maintained shall be kept clean from filth,
garbage, and any substances which attract rodents.
(5) The site shall be cleaned frequently enough to control odor. Manure shall not be
allowed to accumulate in a way that causes an unsanitary condition or causes odors
detectible on another property. Failure to comply with these conditions may result in the
City revoking the permit and requiring the removal of the goats or sheep from the
premises.
(6) Goats or sheep shall not be kept in such a manner as to constitute a nuisance to the
occupants of adjacent property.
Sec. 10-498. Violations.
(1)Any person violating this ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be punished in accordance with Section 1-15.
(2)If any person is found guilty by a court for violation of this ordinance, their permit to
temporarily keep goatsor sheepshall be deemed automatically revoked and no new
permit may be issued for a period of one (1) year.
(3)Any person violating any conditions of this permit shall reimburse the city for all costs
borne by the city to enforce the conditions of the permit including but not limited to the
pickup and impounding of goats and sheep.
Sec 10-499. Term of Permit
No property owner or person shall store on a property goatsor sheepfor more than sixty (60)
days in any twelve (12)month period starting with the date the animals are moved on the
parcel. The city may grant a time extension of an additional sixty (60) days provided the
property owner gets approval from the CityClerk. In such a case, the property owner shall
make every effort to adhere to the one-hundred and twenty (120)daymaximum time limit.
Sec. 10-500. Application Fees.
The application fee for a goat or sheep permit under this ordinance shall be setby the city
council, by resolution, from time to time.
Sec.10-501. Revocation.
Such permit may be modified from time to time or revoked by the officer for failure to conform
to such restrictions, limitations, prohibitions. Such modification or revocation shall be
effective after ten (10) days following the mailing of written notice thereof by certified mail to
the person or persons keeping or maintain such goats or sheep.
Agenda Item 8.a.
To:Environmental and Natural Resources Commission
From:Environmental Commissioner Ted Redmond
Re:Maplewood Climate Change Vulnerabilities Review
Date:April 12, 2017
Hundreds of communities around the United States have begun planning efforts related
to Climate Change. These plans typically focus on two aspects of the issue:
Climate Vulnerability and Adaptation Planning focuses on a community’s ability
to face anticipated climate change and identifies potential strategies to
improve a community’s preparedness.
Climate Mitigation and Action Planning which identifies strategies for the
reduction of a community’s greenhouse gas emissions and maps a community’s
transition to renewable energy.
This report is the first step in addressing Climate Change for the City of Maplewood and
is a review of the Climate Change Vulnerability as well as an identification of Climate
Adaptation strategies for the City of Maplewood. We recommend the report, and it’s
potential adaptation strategies, be expanded upon, refined, and incorporated into the
City of Maplewood’s Comprehensive Plan. A future effort should be engaged for
Climate Mitigation and Energy Action Planning for the Cityin order to identify mitigation
and Greenhouse Gas emission reduction strategies for the City.
What is Climate Change Vulnerability?
According to the Intergovernmental Panel on Climate Change (IPCC), climate
vulnerability is “the degree to which a system is susceptible to, or unable to cope with,
adverse effects of climate change, including climate variability and extremes.”
What is Climate Change Adaptation?
The IPCC describes Climate Adaptation as “adjustment in natural or human systems in
response to actual or expected climatic stimuli or their effects, which moderates harm
or exploits beneficial opportunities.”
What is In This Report?
The Maplewood Climate Change Vulnerabilities report reviews the climate change
expectations and risks for the Midwest region in general, the State of Minnesota as a
whole, and the City of Maplewood specifically. The risks for the City of Maplewood
include physical/infrastructural risks as well as population vulnerabilities. The report
provides a number of recommended Adaptation Goals and a menu of strategy
options the City can implement to increase the City’s resilience and climate change
readiness.
Recommended Action
This report is being provided to the ENR Commission for educational purposes and to
begin the City’s work towards increasing Maplewood’s community resilience.
Recommended Motion:The ENR Commission recommends that the information and
preliminary goals and strategies included in the Climate Vulnerability Review Report be
included in the City’s Comprehensive Planning effort in order to expand, refine, and
finalize climate adaptation strategies and implementation plan for the City of
Maplewood.
Climate Change Vulnerabilities Review
Prepared by:
Introduction
What is Climate Change
Vulnerability?
According to the Intergovernmental
Panel on Climate Change (IPCC),
vulnerability is “the degree to which a
system is susceptible to, or unable to
cope with, adverse effects of climate
change, including climate variability and
extremes”.
About This Document
This document is a review of the Climate
Change risks facing the region and an
identification of the risks most likely to
impact the City of Maplewood. This
report identifies the changes projected
for Maplewood over the coming
decades, as well as the environmental
stresses those changes may create and
an identification of the vulnerable
populations within the City of
Maplewood.
Next Steps
To fully understand the likely impacts, the
ways these impacts will be felt, the
sections of the City most likely to be
impacted, and to determine the
adaptation measures most likely to
support the City’s long-term climate
resilience, we recommend that the City
undertake a Climate Change Risk
Assessment and Adaptation Planning
effort.
Climate Risks in the Midwest
According to the United States
National Climate Assessment:
In general, climate change will tend to amplify
existing climate-related risks to people, ecosystems, and
infrastructure in the Midwest. Direct effects of increased heat
stress, flooding, drought, and late spring freezes on natural
and managed ecosystems may be multiplied by changes in
pests and disease prevalence, increased competition from
non-native or opportunistic native species, ecosystem
disturbances, land-use change, landscape fragmentation,
atmospheric pollutants, and economic shocks such as crop
failures or reduced yields due to extreme weather events.
These added stresses, when taken collectively, are projected
to alter the ecosystem and socioeconomic patterns and
processes in ways that most people in the region would
consider detrimental. Much of the region’s fisheries,
recreation, tourism, and commerce depend on the Great
Lakes and expansive northern forests, which already face
pollution and invasive species pressure that will be
exacerbated by climate change.
Most of the region’s population lives in cities, which are
particularly vulnerable to climate change related flooding
and life-threatening heat waves because of aging
infrastructure and other factors. Climate change may also
augment or intensify other stresses on vegetation
encountered in urban environments, including increased
atmospheric pollution, heat island effects, a highly variable
water cycle, and frequent exposure to new pests and
diseases. Some cities in the region are already engaged in the
process of capacity building or are actively building resilience
to the threats posed by climate change. The region’s highly
energy-intensive economy emits a disproportionately large
amount of the gases responsible for warming the climate.
Climate Risks in the Midwest
Andrew Dlugolecki, General Insurance Development
Climate Risks in the Midwest
According to the US National
Climate Assessment, based on
current emissions trends, by mid-
century (2040 - 2070) the
Midwest region is projected to
experience a climate that is…
Hotter…
…with more rain…and drought
Primary Issues for Midwest
3: Public Health Risks
1: Impacts to Agriculture
Increases will continue in growing seasons, likely
Increases incident rate of days over 95 degrees,
boosting some crop yields. Increases in extreme
and humidity are anticipated to contribute to
weather, number of very-hot days, flooding, and
degradations in air and water quality. Each of
days without precipitation will likely decrease
these will increase public health risk, especially
other yields. Overall, Midwest productivity is
for at-risk populations.
expected to decrease through the century.
2: Forest Composition
4: Increased Rainfall and Flooding
Rising air and soil temperatures, and variability in
The frequency and size of extreme rainfall events
soil moisture will stress tree species. Forest
and flooding has increased over the last century.
compositions will change as habitats are driven
In addition, the number of days without
Northward by as much as 300 miles. Due to
precipitation have increased. These trends are
these ecosystem disruptions, the region’s forests
expected to continue, causing erosion, declining
may cease acting as a carbon sink,
water quality, and impacts on human health,
exacerbating greenhouse gas emission impacts.
and infrastructure.
Climate Risks in Minnesota
Precipitation
According to the State of Minnesota
Climatology office, DNR and the
National Climate Assessment, the
majority of the State receives 5-15%
more annual rainfall than a century
ago.
(Graphic: Jaime Chrismar MPRnews.org)
Mega-Rains
Since 1860 Minnesota has had 15
“Mega-rain” events: storms with 6+ of
rain over 1,000 saure miles or more. 5 of
those storms have occurred since 2000,
illustrating a increased rate of
occurrence. Mega-Rain events
represent a strain on stormwater
infrastructure as they deliver a minimum
of 13.9 billion cubic feet of rainwater in
very short periods of time.
Changing USDA Zones
In addition to warmer weather,
Minnesota is experiencing less spring
snow cover in April resulting in more
rapidly warming soil. The cumulative
effects is a shift of USDA Hardiness zones
to the North. In 1990 Maplewood was a
Zone 4, today it is a Zone 5.
(Graphic: Jaime Chrismar MPRnews.org)
Climate Risks in Minnesota
Impacts of Climate Changes
In the natural world, changes in climate,
of course, can change the favorablility
of a region towards plant, animal, and
insect species. These species impacts,
then can have impacts on human
health and economy, such as:
Trees Moving North
Maple forests, among other species, are
moving northward, with the densest
forests now occuring in the
“arrowhead” section of the State rather
than central region. Beyond the
impacts on the ecosystem, this shift is
expected to impact Minnesota’s Maple
syrup production in the coming years.
(Graphic: Jaime Chrismar MPRnews.org)
Human Allergies
With the shift in hardiness zones and
increasing growing season, increases in
pollen quantity and duration have been
experienced and projected to
continue. Beyond inflammation and
irritation associated with allergic
reactions, some studies indicate pollen
can affect the cardiovascular and
pulmonary system.
(Graphic: Jaime Chrismar MPRnews.org)
Vector Borne Disease
Vector borne diseases are spread
through insects and are highly sensitive
to climatic factors. Warmer weather
influences survival and reproduction
rates of vectors, in turn influencing the
intensity of vector activity throughout
the year. The increase in Lyme disease
cases are an illustration of the impacts
of a warming Minnesota climate will
have on vector borne disease intensity.
(Graphic: Jaime Chrismar MPRnews.org)
Maplewood Climate
Maplewood Climate History
Since 1951, Maplewood has experienced:
Increase in annual average temperature:
3.2°F
Increase in annual precipitation:
21%
Increase in heavy precipitation events:
(Highest 5 flood stages from the Mississippi River
58%
have occurred in the last twenty years)
Increase in growing season:
16 days
Maplewood Climate
Urban Heat Island
A study funded by the Institute on the
Environment found:
Urban dwellers are more at risk for heat-related
Temperatures in the urban core
illnesses than rural dwellers. Due to the “urban
average 2 °F higher in summer than in
heat island effect,” urban areas are usually
surrounding areas
hotter and cool off less at night than rural areas.
Urban heat islands can increase health risks from
The differential spiked as much as 9 °F
extreme heat by increasing the potential
higher during a heat wave in July 2012
maximum temperatures residents are exposed to
Urban heat island effect is stronger at
and the length of time that they are exposed to
night in summer and during the day in
elevated temperatures. The level of the urban
winter
heat island effect of a region is largely driven by
the amount of impervious surface (pavement
In urban areas when snow cover is less
and buildings). This heat island effect serves to
pervasive, daytime urban winter
increase the impact of climate change effects in
temperatures are higher than rural
urban areas.
areas by an average of 2 °F.
Above is a graphic showing the measured metro
heat island effect on July 2, 2012. The graphic on
Impervious Surface Area
the left shows the day-long average temperature
Total impervious area
variation and on the right shows night-time
1.88%
…State Wide:
difference. The City of Maplewood is outlined in
white.
…Metro area:
11.25%
…Ramsey County:
27.6%
…Maplewood:
27.8%
Maplewood Climate
Maplewood on The Move
Projected changes in annual average
temperatures and growing seasons will result in a
change in the overall climate of Maplewood.
Summertime conditions for mid-twenty first
century in Maplewood are projected to be
similar to the conditions currently felt 300 miles or
further to the South.
According to the University of Michigan Climate
Center, by 2040 summertime conditions in
Maplewood are anticipated to be similar to
those today in Marion Iowa, Muncie Indiana,
Columbus Ohio, and Wilkesboro North Carolina.
On the map to the right, all areas shaded in blue
represent Climate Peers whose current summer
conditions match Maplewood’s projected
summer conditions by mid-century (2040-2070).
(Source: University of Michigan Climate Center)
Distance southward the
City of Maplewood’s
10
Climate moves every year.
miles
Which is equal to moving
145
every day.
feet
Maplewood Climate
Maplewood,
Minnesota
Marion,
Iowa
Muncie,
Indiana
Columbus,
Ohio
Maplewood Vulnerabilities
Photo: Justin Zoll
Maplewood Vulnerabilities
Total Canopy
Coverage:
39.6%
Urban Tree Canopy VulnerabilityFlood Vulnerability
Trees have a degree of vulnerability to changes inAccording to the US National Climate Assessment,
temperature ranges, precipitation patterns, soilthe ten rainiest days can contribute up to 40% of
temperature and moisture levels, and changes tothe annual precipitation in our region. The
winter processes and growing season length.Maplewood area can anticipate an increase of
According to the US Forest service, urban forests are10-20% in the total annual precipitation, while the
very susceptible to a number of climate changeamount of precipitation in summer months may
factors including species invasion, and insect andactually decline. Under this scenario, it is likely that
pathogen attack. Species projected to havecertain periods of the year, like spring, may be
negative stressors in the Maplewood region includesignificantly wetter with storms producing heavier
Aspen, Birch, Ash, Balsam, and Spruce. Extendedrains. In anticipation of that, it is appropriate to
drought conditions may also negatively impactreview the areas of the City with flood risk and to
other species such as Sugar Maple, Red Maple, andreview current stormwater management capacity
Basswood. Finally, increased growing seasons willagainst future extreme rainfall event projections.
result in taller trees which may be more susceptibleThe map above shows the flood risk areas
to damage in extreme weather events. The mapthroughout the City.(Source: National Flood
Services)
above shows the woodland, forest, and general
tree cover of Maplewood.(Source: Minnesota DNR)
Maplewood Vulnerabilities
Fish Wildlife and Plant risks:
Understanding Risks
Species that used to migrate away may stay
Some of the risks associated with the
all winter and species that once migrated
projected climate change impacts for the
through may stop and stay
Maplewood region include:
Pests may survive winters that used to kill
them and Invasive species may move into
Warmer summers
places that used to be too cold
Pollution control risks:
Some plants need a “setting” cold
Wildfires may lead to soil erosion
temperature and may not receive it
consistently
Habitat risks
A longer growing season may lead to an
Greater evaporation
extra reproductive cycle
lower groundwater tables
Food supplies and bird migrations may be
Switching public water supply between
mistimed
surface and groundwater sources may
affect the integrity of water bodies
Recreation and Public Water Supply Risks
Summer water supplies that depend on
Fish Wildlife and Plant risks:
winter snow pack may be reduced or
Species that won’t tolerate warmer summers
disappear
may die/migrate
Cold places may see more freeze/thaw
Biota at the southern limit of their range may
cycles that can affect infrastructure
disappear from ecosystems
Species may be weakened by heat and
become out-competed
Warmer water
Essential food sources may die off or
Pollution Control risks:
disappear, affecting the food web
Temperature criteria for discharges may be
Species may need to consume more water
exceeded (thermal pollution)
as temperature rises
Warmer temperatures may increase toxicity
of pollutants
Recreation and Public Water Supply Risks
Higher solubility may lead to higher
More people using water for recreation may
concentration of pollutants
raise the potential for pathogen exposure
Water may hold less dissolved oxygen
Warmer temperatures may drive greater
Higher surface temperatures may lead to
water demand
stratification
Evaporation losses from reservoirs and
Greater algae growth may occur
groundwater may increase
Parasites, bacteria may have greater survival
or transmission
Warmer winters
Habitat risks:
Warmer water may lead to greater likelihood
Pollution Control risks:
of stratification
Increased fertilizer and pesticide use due to
Desired fish may no longer be present
longer growing season.
Warmer water may promote invasive species
Reduced winter snow and spring flow
or disease
volume resulting in raised pollutant
concentration in receiving waters.
Fish Wildlife and Plant risks:
Newly invasive species may appear
Habitat risks:
Habitat may become unsuitably warm, for a
Less snow, more rain may change the
species or its food
runoff/infiltration balance; base flow in
Heat may stress immobile biota
streams may change
Oxygen capacity of water may drop
Changing spring runoff with varying snow.
Maplewood Vulnerabilities
Some fish reproduction may require cold
Increased storminess
temperatures; other reproductive cycles are
Pollution Control risks:
tied to water temperature
Combined sewer overflows may increase
Parasites and diseases are enhanced by
Treatment plants may go offline during
warmer water
intense floods
Streams may see greater erosion and scour
Recreation and Public Water Supply Risks
Urban areas may be subject to more floods
Harmful algal blooms may be more likely
Flood control facilities (e.g., detention basins,
Fishing seasons and fish may become
manure management) may be inadequate
misaligned
High rainfall may cause septic systems to fail
Desired recreational fish may no longer be
present
Habitat risks:
Invasive plants may clog creeks and
The number of storms reaching an intensity
waterways
that causes problems may increase
Changes in treatment processes may be
Stronger storms may cause more intense
required
flooding and runoff
Increased growth of algae and microbes
Turbidity of surface waters may increase
may affect drinking water quality
Increased intensity of precipitation may yield
less infiltration
Increased draught
Stream erosion may lead to high turbidity
Pollution Control risks:
and greater sedimentation
Critical-low-flow criteria for discharging may
Lower pH from NPS pollution may affect
not be met
target species
Pollutant concentrations may increase if
sources stay the same and flow diminishes
Fish Wildlife and Plant risks:
Pollution sources may build up on land,
Greater soil erosion may increase turbidity
followed by high-intensity flushes
and decrease water clarity
Greater soil erosion may increase sediment
Habitat risks:
deposition in estuaries, with consequences
Groundwater tables may drop
for benthic species
Base flow in streams may decrease
Stream water may become warmer
Recreation and Public Water Supply Risks
Increased human use of groundwater during
More frequent or more intense storms may
drought may reduce stream baseflow
decrease recreational opportunities
New water supply reservoirs may affect the
Greater nonpoint source pollution may
integrity of freshwater streams
impair recreation
Water infrastructure may be vulnerable to
Fish Wildlife and Plant risks:
flooding
Species may not tolerate a new drought
Flood waters may raise downstream turbidity
regime (birch family)
and affect water quality
Native habitat may be affected if freshwater
flow in streams is diminished or eliminated
(Source: USEPA “Being Prepared for Climate
Change A Workbook for Developing Risk-
Recreation and Public Water Supply Risks
Based Adaptation Plans”)
Freshwater flows in streams may not support
recreational uses
Groundwater tables may drop
Maintaining passing flows at diversions may
be difficult
Maplewood Vulnerabilities
Vulnerable Populations in
Maplewood
According to the Minnesota Department of
Health, some populations are especially
vulnerable to climate health risks due to
particular sensitivities, high likelihood of exposure,
low adaptive capacity, or combinations of these
factors. To assist a City in identifying adaptive
measures to support their community in the
impacts of climate change, t is important to
understand and identify the most vulnerable
populations within the community.
The graphs to the right indicate the percentage
of population for some of the most vulnerable
groups in Minnesota., Metro Twin Cities, and the
City of Maplewood. Groups of particular
concern for the City are seniors, seniors living
alone, lower income families/individuals, and
families/individuals without a vehicle.
(Source: State of Minnesota Department of Health)
Maplewood Vulnerabilities
Vulnerable Populations:
…In Minnesota…Twin City Metro…City of Maplewood
12.6%11.9%16.3%
65 Years and Older
9.4%9.7%11.6%
Seniors Living Alone
6.7%6.8%6.2%
Under 5 Years
25.5%32.4%26.0%
<200% Poverty
7.9%8.2%9.4%
No Vehicle
4.2%6.3%7.6%
Limited English
Maplewood Vulnerabilities
Age and Disabilities
Children
According to the US Global Change Research Program
“Children are vulnerable to adverse health effects
associated with environmental exposures due to
factors related to their immature physiology and
metabolism, their unique exposure pathways, their
biological sensitivities, and limits to their adaptive
capacity. Children have a proportionately higher
intake of air, food, and water relative to their body
weight compared to adults. They also share unique
behaviors and interactions with their environment that
may increase their exposure to environmental
contaminants such as dust and other contaminants,
such as pesticides, mold spores, and allergens.”
Older Adults
Older adults are also vulnerable to the health impacts
associated with climate change and weather
extremes. Vulnerabilities within older adults are not
uniform due to the fact that this demographic is a
diverse group with distinct subpopulations that can be
identified not only by age but also by race,
educational attainment, socioeconomic status, social
support networks, overall physical and mental health,
and disability status. According to the US Global
Change Research Program “the potential climate
change related health impacts for older adults include
rising temperatures and heat waves; increased risk of
more intense floods, droughts, and wildfires; degraded
air quality; exposure to infectious diseases; and other
climate-related hazards.”
Individuals with Disabilities
People with disabilities experience disproportionately
higher rates of social risk factors, such as poverty and
lower educational attainment, that contribute to
poorer health outcomes during extreme events or
climate-related emergencies. These factors compound
the risks posed by functional impairments and disrupt
planning and emergency response. Of the climate-
related health risks experienced by people with
disabilities, perhaps the most fundamental is their
“invisibility” to decision-makers and planners. Disability
refers to any condition or impairment of the body or
mind that limits a person’s ability to do certain activities
or restricts a person’s participation in normal life
activities, such as school, work, or recreation.
Maplewood Vulnerabilities
Economic Stress
People who live in poverty may have a
difficult time coping with changes. This
portion of our population have limited
financial resources to cope with heat,
relocate or evacuate, or respond to
increases in the cost of food. In addition,
they frequently have limitations to health
care. In Minnesota, food insecurity
effects 10.6% of all households, while an
average of 24.5% of Ramsey County’s
population has limited access to grocery
stores according to the USDA.
Food Insecurity
According to U.S. agriculture secretary TomVilsack, climate change is likely to destabilize cropping
systems, interrupt transportation networks and trigger food shortages and spikes in food cost.
According to the US National Climate Assessment for the Midwestern states: “In the next few decades,
longer growing seasons and rising carbon dioxide levels will increase yields of some crops, though those
benefits will be progressively offset by extreme weather events. Though adaptation options can reduce
some of the detrimental effects, in the long term, the combined stresses associated with climate
change are expected to decrease agricultural productivity.” These effects can be anticipated
regionally as well as worldwide to become more pronounced by mid-century. As the food distribution
system becomes more stressed, individuals with less readily available access are more likely to be
negatively impacted.
Limited Food and Auto Access
Limited Food Access
Low-income census tract where
Low-income census tracts
more than 100 housing units do
where a significant number or
not have a vehicle and are
share of residents is more than
more than ½ mile from the
½ mile from the nearest
nearest supermarket.
supermarket.
Maplewood Vulnerabilities
People of Color and Limited
English Populations
“These populations are at increased risk of
exposure given their higher likelihood of living in
risk-prone areas, areas with older or poorly
maintained infrastructure, or areas with an
increased burden of air pollution.” In addition,
according to the Center for Disease Control and
the National Health Interview Survey these
portions of our population also experience higher
incidence of chronic medical conditions which
can be exacerbated by climate change
impacts. These populations may also be
impeded from preparing, responding, and
coping with climate related health risks due to
socioeconomic and education factors, limited
transportation, limited access to health
Composite Map:
education, and social isolation related to
People of Color + Limited English
language barriers.
City Owned Facility
Maplewood Vulnerabilities
At-Risk Occupations
Climate change will increase the prevalence
and severity of occupational hazards related to
environmental exposure. As our climate
changes, we may also experience the
emergence of new work related risks. Climate
change can be expected to affect the health of
outdoor workers through increases in ambient
temperature, more prevalent and longer-lasting
heat waves, degraded air quality, extreme
weather, vector-borne diseases, industrial
exposures, and changes in the built environment.
Workers affected by climate change include
farmers, ranchers, and other agricultural workers;
laborers exposed to hot indoor work
environments; construction workers; paramedics,
firefighters and other first responders; and
Composite Map:
transportation workers.
Individuals with climate risk
occupations
For individuals employed in climate vulnerable
jobs who also fall within other vulnerable
City Owned Facility
population categories, the health effects of
climate change can be cumulative. For these
individuals, the risks experienced in their work
can be exacerbated by exposures associated
with poorly insulated housing and lack of air
conditioning. Workers may also be exposed to
adverse occupational and climate-related
conditions that the general public may
altogether avoid, such as direct exposure to
wildfires.
Maplewood Vulnerabilities
Maplewood Recommended Adaptation Goals
Recommended Adaptation Goals
The following are recommended overall goals for increasing the climate resilience for the City of
Maplewood. In the following pages a menu of specific strategies for each goal is provided. Many of
these goals and strategies have some existing City, County, and State policies already underway which
relate to them. A detailed review of all existing policies against these specific goals and the strategies
should be conducted and policy modification recommendations should be developed. Other goals
may require new policy or program development.
In prioritizing the implementation of the goals and strategies which follow, the City ofMaplewood
should:
Consider available resources and opportunities to leverage new resources.
Consider the associated carbon emission reduction opportunities and other co-benefits of
strategies.
Study the anticipated equity impacts of strategies
Consider the urgency and window of opportunity
Identify departments and staff capable of taking lead for strategy implementation
Integrate implementation plans into routine working plan that is reviewed and revised regularly
(every 2 to 5 years recommended
Climate Adaptation Goals
Hotter Summers with Increased Heat Wave Incidence
1 Decrease the urban heat island effect, especially in areas with populations most vulnerable to
heat.
2 Minimize health issues caused by extreme heat days, especially for populations most vulnerable
to heat.
3 Increase the resilience Maplewood’s water supply in drier summers.
4 Increase food security for Maplewood residents, especially those most vulnerable to food
environment.
Increased variability of rain with extended time frames between precipitation
combined with more intense rainfall events
5 Increase the resilience of natural and built systems to adapt to increased timeframes between
precipitation and increased drought conditions.
6 Increase the resilience of the natural and built environment to more intense rain event and
associated flooding.
7 Manage the increased risk of disease due to changes in vector populations.
Build community capacity to prepare for and respond to climate change
8 Strengthen emergency management capacity to respond to weather-related emergencies.
9 Institutionalize climate change preparation planning and best practices.
10 Improve the capacity of the community, especially populations most vulnerable to climate
change risks, to understand, prepare for and respond to climate impacts.
Maplewood Adaptation Strategies
1
Strategy Menu - Goal 1 Decrease Urban Heat Island Effect
1.1 Decrease impervious areas and increase the total ecoroof acreage in the city (green roof, cool
roof, etc) in public and private development.
1.2 Evaluate the impact of the City’s tree codes.
1.3 Identify vulnerable urban tree canopy and street tree sections and develop policies to incentivize,
encourage, or require strategic tree planting for heat island mitigation.
1.4 Develop policies and programs which decrease impervious surfaces, especially in neighborhoods
of increased vulnerable populations.
1.5 Research, evaluate and pilot porous paving, de-paving, vegetation and/or more reflective
surfaces in parking areas to reduce and cool impervious surfaces, particularly in urban heat island
areas with populations most vulnerable to heat.
1.6 Consider populations most vulnerable to heat and living in urban heat islands when making
decisions about tree planting, protection and maintenance, green infrastructure placement, and
access to vegetated open spaces and natural areas.
1.7 Add or modify park plantings in under-served areas, and increase maintenance to sustain mature
tree canopy, decrease tree hazards and delay tree replacement needs.
1.8 Apply the latest climate and forestry science to develop a climate adaptive ready tree species list
for use in City plantings/replacements as well as for communication to residents, building owners,
and developers.
1.9 Apply the latest climate science in revision of urban tree canopy goals for the City and address
tree canopy disparities in neighborhoods where populations most vulnerable to heat live.
Strategy Menu - Goal 2 Minimize Health Issues of Extreme Heat
2
2.1 Create a Heat Response Plan based on Minnesota Department of Health Extreme Heat Toolkit.
2.2 Strengthen City’s Heat Response Plan through collaboration with community stakeholders and
populations most vulnerable to heat.
2.3 Work with health care and social services providers to ensure their ability to provide appropriate
services during extreme heat events.
2.4 Partner with community-based organizations and local service providers to seniors and people with
disabilities to assess the need for and coordinate the operation of cooling environments, including
extended hours of Senior Center Operations, that are culturally appropriate and readily accessible.
2.5 Improve the energy efficiency of homes, apartments and commercial buildings to keep interiors
cool, improving the comfort and safety of occupants and reducing the need for summer air
conditioning. Encourage the planting of trees and vegetation on the south and west sides of homes
and buildings to reduce summer heat gain.
2.6 Expand the capacity to educate health care providers to recognize and report patterns of heat-
related illnesses and injuries, and to inform the public about preventive actions.
2.7 Ensure public safety staff is properly trained to recognize and respond to physical and behavioral
signs ofheatrelated illness.
Maplewood Adaptation Strategies
Strategy Menu - Goal 3 Increase Maplewood’s Water Resilience
3
in Drier Summers
3.1 Develop and implement water conservation education and outreach programs in residential and
commercial sectors.
3.2 Supportincentivized, encouraged, and regulatory efficiency programs.
3.3 Supportincentivized, encouraged, and regulatory gray water and water recycling systems for lawn
irrigation systems.
3.4 Change design and management methods to minimize water use and waste in publicly owned or
managed properties while still maintaining thriving vegetation. Replace potable water lawn
irrigation systems with gray/recycled water systems at city-owned facilities where practicable.
Strategy Menu - Goal 4 Increase Food Security in Maplewood
4
4.1 Expand the prevalence of community gardens and family gardens through the continued
development, improvement, and communication of the City’s urban agriculture policies and
ordinances.
4.2 Develop policies and ordinances which promote, encourage, or requirepermaculture landscaping
in lieu of “traditional” lawn oriented landscaping.
4.3 Developpermaculture landscape zones for city-controlled properties and street boulevard zones
where practicable.
4.4 Continue to support, collaborate, and implement invasive species control programs.
4.5 Develop pollinator friendly policies including promotion of pollinator habitats on public and private
land as well as policies which restrict and eliminateneonicotinoid pesticides.
4.6 Attract and promote grocery store and food market investment in food desert sections of the City.
Collaborate with neighboring communities to maximize coverage.
Strategy Menu - Goal 5 Increase Resilience of Natural and Built
5
Systems for Increased Drought Conditions
5.2 Identify habitat diversity and connectivity needs (e.g., links to and among existing natural areas,
anchor locations) and prioritize habitat corridors for protection and enhancement, including
through acquisition, restoration, regulations and innovative techniques such as vegetated streets, to
create an interconnected network of terrestrial and aquatic habitats.
5.3 Review city codes and drainage rules to evaluate their ability to protect and improve stream flows,
seeps, springs, wetland function, water quality including temperature, vegetation and habitat, and
stormwater management during hotter summers with longer time frames between precipitation.
5.4 Explore new and support expansion of voluntary programs promoting increased native, drought
tolerant vegetation and reducedhardscape on private property
5.5 Focus acquisition, restoration and management of the City’s natural areas inventory to ensure
species of concern and overallbiodiversity is retained.
Maplewood Adaptation Strategies
Strategy Menu - Goal 6 Increase Resilience of Natural and Built
6
Systems for Periods of Heavier Rain
6.1 Work withFEMA (Federal Emergency Management Agency) to update the floodplain mapping
program to reflect potential changes due to climate change variability in the 100-year floodplain
maps.
6.2 Address floodplain hazards through the Comprehensive Plan update and provide guidance to
regulate or manage development in the floodplain.
6.3 Determinestormwater volume requirements meeting anticipated future storm levels and identify
stormwater management systems and infrastructure not capable of meeting projected needs.
Prioritize upgrades required and implement.
6.4 Review city codes, drainage rules, and surface waterways to evaluate their ability to protect and
improve stream flows, seeps, springs, wetland function, water quality including temperature,
vegetation and habitat, andstormwater management during periods of extreme heavy rain. Use
the Natural Resource Inventory and other data to track gains and losses, and propose revisions as
necessary.
6.5 Explore new and support expansion of voluntary programs promoting increased on-site storm water
management (rain gardens, impervious surfaces, et)
Strategy Menu - Goal 7 Manage Increased Risk of Vector Borne
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Disease
7.1 Develop and distribute culturally appropriate and accessible materials about vector-borne disease
prevention.
7.2 Expand the capacity to educate health care providers to recognize and report patterns of vector-
borne disease illnesses and injuries, and to inform the public about preventive actions.
7.3 Create and maintain a Response Plan for emerging vector-borne diseases, including increased
capacity for health services that are triggered by certain case thresholds.
Strategy Menu - Goal 8 Strengthen Emergency Capacity for
8
Response to Weather Related Emergencies
8.1 Develop, test, train, and update emergency response plans that address hazards likely to become
more frequent or intense as the climate changes, including flood and extreme heat. Plan for
projected increases in weather-related emergencies, especially high-heat days, and the resulting
potential for increased violence, mental illness, chemical dependency and addiction.
8.2 Promote equity in hazard mitigation, and emergency response and recovery activities, and
consider populations most vulnerable to weather-related emergencies in all plans and exercises.
8.3 After weather-related emergency events, assess response to identify effectiveness, deficiencies and
resources needed to build future resilience.
Maplewood Adaptation Strategies
Strategy Menu - Goal 8 Strengthen Emergency Capacity for
8
Response to Weather Related Emergencies(Continued)
8.4 Through training, educational materials and other resources, strengthen capabilities of individuals
and organizations that assist in disaster response as well as community/cultural groups to prepare
for potential climate change impacts, including disproportionate impacts on populations most
vulnerable to climate change risks.
Strategy Menu - Goal 9 Institutionalize Climate Change
9
Preparation Planning and Best Practices
9.1 Establish a multi-jurisdiction/multi-department adaptive management coordination team to: review
emerging climate research, trends and regulations at least once a year.
9.2 Utilize an equity framework or lens to ensure preparation actions are implemented in ways that
deliver more equitable outcomes and prioritize populations most vulnerable to climate change
impacts.
9.3 As appropriate, coordinate with or require health and safety service providers to support
recommendations of this Climate Vulnerability Assessment (e.g., provide education and resources
about climate risks to populations most vulnerable to climate change impacts and development of
continuity of operations plans).
9.4 Continue to pursue energy efficiency opportunities to minimize impacts from rising energy costs and
increased cooling demands in City and County owned and operated facilities.
Strategy Menu - Goal 10 Improve Capacity of Community
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10.1 Provide education and resources about climate risks to the public, especially those most
vulnerable to potential impacts like high-heat and flooding.
10.2 Develop and distribute culturally appropriate and accessible materials about extreme heat and
related respiratory-illness, especially to populations most vulnerable to those impacts.
10.3 Link low-income populations, communities of color, older adults and people with disabilities to
services that help reduce safety, health and financial risks associated with climate change impacts.
10.4 Build capacity and leadership within communities most vulnerable to climate change impacts by
promoting, supporting and leveraging community-specific strategies, projects and events.
Conclusions
Christine Lagarde, Managing Director, IMF
Conclusions
The City of Maplewood has already seen climate
Next Steps
changes. The projections for the City’s climate by
We recommend that the City of Maplewood
the middle of this century indicate continued
increases in temperatures. Additionally,conduct a develop a Climate Adaptation Plan.
This effort should focus on refining and applying
precipitation patterns are anticipated to change,
providing an increase in the overall rainfall as wellthe adaptation strategies included in this report to
as an increase in the number of days without rain -the specific geographic features, habitats, city
exacerbating both flooding and drought potential.infrastructure, and city neighborhoods with higher
The City’s location as a “first ring” suburb is prone toconcentrations of the demographic sectors most
vulnerable to the projected climate change risks.
heat island effects which act as a multiplier on the
overall region’s climate extremes.
Once developed, this Climate Adaptation Plan
should include an implementation plan with a
clear delineation of the individuals and
The projected changes to Maplewood climate
departments responsible for the implementation,
represent stressors for both the environment and
monitoring, and refinement of each of the
people. Urban tree canopies as well as urban
strategies included in this report..
populations have unique vulnerabilities associated
with the projected climate changes for the City of
Maplewood.
Risks to Maplewood’s Environment
The risks to the City of Maplewood’s physical
environment include:
Stresses on the City’s Urban Tree Canopy, and
subsequent increase in heat island effect
exacerbating the effects of temperature
extremes.
Stresses on the City’s lakes, streams, and
wetlands including threats to aquatic species
and water quality
Stresses on the City’s storm water management
infrastructure with increased flood risk potential.
Risks to Maplewood’s Residents
Climate impacts also represent potential health risks
to vulnerable sectors of the City of Maplewood’s
residents. Some of these population sectors, in fact,
represent a higher portion of the City’s population,
and therefore risk potential, than that of the metro
area or even the State as a whole, including:
Individuals 65 and older (137% of the metro-wide
portion of population)
Seniors living alone (123% of the State average
portion of population)
Individuals living at or below 2x “poverty
income”
Individuals without vehicle access (115% metro
wide average)
Individuals with limited English proficiency (180%
of State average, and 121 of metro-wide
average)
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