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HomeMy WebLinkAbout2021-10-18 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, October 18, 2021 7:00 p.m. Maplewood City Council Chambers 1803 County Road B East Call to Order Roll Call Approval of Agenda Approval of Minutes: September 20, 2021 New Business Resolution of Appreciation for Keith Buttleman Unfinished Business Renewable Energy Ordinance and SolSmart Certification Visitor Presentations Commissioner Presentations Staff Presentations (oral reports only) Update on Harvest Park Native Seed Garden Event Held on October 7 Fall Clean Up Campaign Update on Shredding Event Held on October 9 Reduced Price Bulky Item Collection – Throughout October Free Mattress Collection – Throughout October Solar Power Hour Update on Virtual Solar Power Hour Held Friday October 8 On Site Solar Power Hour to be held at Nature Center on October 26 Metro Clean Energy Resource Teams Seed Grant Application ENR Commissioner Interviews (October ) and Appointments () Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, SEPTEMBER 20, 2021 7:00 P.M. 1.CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m.by Chairperson Palzer. 2.ROLL CALL Rebecca Bryan, CommissionerPresent Keith Buttleman, CommissionerAbsent Kayla Dosser, Vice ChairpersonPresent Mollie Miller, CommissionerAbsent Ann Palzer, ChairpersonPresent Ted Redmond, CommissionerPresent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA CommissionerRedmondmoved to approve the agenda. Seconded by Vice ChairpersonBryan.Ayes – All The motion passed. 4.APPROVAL OF MINUTES CommissionerDosser moved to approve the August 16, 2021, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Redmond. Ayes – All The motion passed. 5.NEW BUSINESS a.Wetland Buffer Variance for a New Single Family House - 1091 County Road C Environmental Planner Finwall presented the details of the variance. The applicants are proposing to build a new single-family house on the lotat 1091 County Road C. There is a Manage A wetland on the north side of the lot, adjacent Kohlman Lake. 1 Grading for the house will come to within 30 feet of the edge of the wetland, which requires a 45-foot wetland buffer variance. Katie Schurrer and Justin Haynes, owners of the lot, and their architect, Will Spencer, addressed the Commission. The ENR Commission reviewed the wetland buffer mitigation strategiesoutlined in the staff report including adding 1,000 square feet of native plantings adjacent the wetland. Discussion on the following items: Native plantings to be located along the edge of the reed canary grass, within 1,000 square feet of previously mowed lawn. Rain gardens would not be effective at capturing stormwater due to the grade of the lot. Future dock options including sharing a dock with the neighbor and limited impacts to the wetland buffer with a floating dock or dock built on piers. There are many benefits to adding native plants including acting as a filter to the stormwater and creating habitat and food for pollinators. Commissioner Dossermoved to approve the wetland buffer variance and wetland buffer mitigation strategies for a new house at 1091 County Road C. Seconded by Commissioner Bryan.Ayes –Dosser, Bryan, Palzer. Nay –Redmond The motion passed. 6.NEWBUSINESS None. 7.VISITOR PRESENTATIONS None. 8.COMMISSIONERPRESENTATIONS None. 9.STAFF PRESENTATIONS a.Fall Clean Up Campaign 1)Reduced Price Bulky Item Collection –Throughout October 2)Free Mattress Collection –Throughout October 3)Free Shredding Event –October 9 Environmental Planner Finwall gave details on the Fall Clean Up Campaign. More information can be found at www.maplewoodmn.gov/cleanups. 2 b.Harvest Park Native Seed Garden Open House –October 7 Environmental Planner Finwall said that an Urban Roots Youth Group wouldbe present at the Harvest Park Native Seed Garden on October 7 from 5:30 to 6:30 p.m. They will give a history of the garden, seed gathering demonstration, offer tips on caring for a native plant garden, and identify the native plants on site. c.Solar Power Hours –October 8 and 26 Environmental Planner Finwall said Maplewood is collaboratingwith Midwest Renewable Energy Association to offer two Solar Power Hours. A virtual event on October 8 and an in-person event at the Nature Center on October 26. d.ENR Commission Vacancies Environmental Planner Finwall said Commissioner Buttleman’s term ends September 30, 2021. He has chosen not to seek reappointment. That leaves two Commission vacancies on the ENR Commission. The City Council will be interviewing Commission applicants soon. e.Update on the Mississippi River Corridor Critical Area and Slopes and Bluffs Ordinances Environmental Planner Finwall said the Planning Commission will hold a public hearing on the MRCCA and Slopes and Bluffs Ordinances on September 21, 2021. The City Council will review the ordinance on September 27, 2021. Once approved, the ordinance will be forwarded to the Department of Natural Resources by the deadline of October 1, 2021. 10.ADJOURNMENT Commissioner Dosser made a motion to adjourn the meeting. Seconded by Vice ChairpersonBryan.Ayes –All The motion passed. The meeting was adjourned by Chairperson Palzerat 7:53p.m. 3 Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date October 18, 2021 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Resolution of Appreciation for Keith Buttleman Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: When citizen members end their time of service on a commission, the City considers adoption of a resolution of appreciation recognizing the individual for their time committed to serving Maplewood. Recommended Action: Motion to recommend approval of a Resolution of Appreciation for Keith Buttleman. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The City appreciates its citizen volunteers and provides recognition for members upon resignation. Background Keith Buttleman resigned as a member of the Environmental and Natural Resources Commission on September 30, 2021. Mr. Buttleman served on the Commission for five years and eight months, from January 25, 2016, to September 30, 2021. Attachments 1. Resolution of Appreciation for Keith Buttleman Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Keith Buttleman has been a member of the Maplewood Environmental and Natural Resources Commission for five years and eight months, serving from January 25, 2016, to September 30, 2021. Mr. Buttleman has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission and City Council have appreciated his experience, insights and good judgment; and WHEREAS, Mr. Buttleman has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Buttleman has shown dedication to his duties and has consistently contributed his leadership and efforts for the benefit of the City. NOW, THEREFORE, IT ISHEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Keith Buttleman is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on October 25, 2021 ______________________________ Marylee Abrams, Mayor Attest: ________________________________ Andrea Sindt, City Clerk Agenda Item 6.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date October 18, 2021 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTOR: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Renewable Energy Ordinanceand SolSmart Certification Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The renewable energy ordinance was adopted in October 2011. The ordinance assists the City in the promotion of renewable energy sources while addressing regulations for wind, solar, and geothermal. The Environmental and Natural Resources completed a review of that ordinance in 2018. Recommended Motion: Review and discuss the Renewable Energy Ordinance and SolSmart Program. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is n/a Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Renewable energy is a valuable resource. Removing barriers to this resource will ensure community inclusiveness. It will allow all residents and businesses to capture the benefits of appropriately designed and sited renewable energy sources. Operational effectiveness will be achieved with the removal of barriers and promotion of renewable energy. It will assist the City in meeting its Comprehensive Plan energy goals. One of the goals states that the City will encourage and support renewable energy by obtaining a minimum of 50 percent of all electric energy from renewable sources by 2040. Background Energy Planning The Sustainability Chapter of the City’s 2040 Draft Comprehensive Plan outlines energy goals and policies (https://maplewoodmn.gov/DocumentCenter/View/22480/09_Sustainability-PDF?bidId =). One of the goals is to encourage and support renewable energy by obtaining a minimum of 50 percent of all electric energy from renewable sources by 2040. Local governments have influence over renewable energy growth. Unnecessary paperwork, red tape, and other requirements increase costs and discourage renewable energy companies from moving to the area. Streamlining the requirements and taking other steps to encourage renewable energy development will help the City meet its renewable energy goals and promote economic development and new jobs. 2011 Renewable Energy Ordinance The City Council adopted the Renewable Energy Ordinance on October 10, 2011. The ordinance applies to the regulations for renewable energy systems including wind turbines, solar systems, and geothermal ground-source heat pumps. The renewable energy regulations are intended to supplement existing zoning ordinances and land use practices, and ensure these systems are appropriately designed, sited, and installed. SolSmart Program Program Designation SolSmart (https://solsmart.org/) is a national program led by theInternational City/County Management Association and the Interstate Renewable Energy Council, along with a team of partners with expertise in solar energy and local governments. SolSmart uses objective criteriato designate communities that have successfully met the goals of the program. Communities receive designations of SolSmart Gold, Silver, and Bronze. Since the program launched in 2016, more than 400 cities, counties, and regional organizations in 41 states, the District of Columbia, and the U.S. Virgin Islands have achieved SolSmart designation, representing over 99 million people. Maplewood has completed 215 SolSmart credits and has received the Silver designation (see attached summary). Following are the highlights of the City’s action items: 1. Creation of an online permitting checklist, increasing transparency for community members and solar installers. 2. SolSmart review of local zoning codes and identification of restrictions that intentionally or unintentionally prohibit solar PV development. 3. Allow solar by-right accessory use in all zones (so solar installations don’t require special permits or hearings) 4. Cross-trained both inspection and permitting staff on solar PV. The Gold designation requires two prerequisites and 200 total points. In order to qualify for Gold Maplewood would need to complete one additional pre-requisite as follows: “Post an online statement confirming a three-business day turnaround time for small rooftop solar PV”. 2 Small Rooftop Solar Permits The SolSmart Program states that the number one way local governments can influence solar development is through the permitting and inspection process. Cities have direct oversight of permitting and inspection. Streamlining the process to facilitate solar energy construction, without compromising safety standards, can dramatically reduce the time and expense for solar installations. Conversely, an unnecessarily cumbersome process can delay installations and increase costs for consumers. In 2018, the City reviewed its solar permitting process and fees. Depending on the complexity of the solar permit and how many other permits the City was reviewing, a solar permit averaged one to two weeks to process. Additionally, since the City contracts its electrical inspections, a solar system requires two permits – a solar permit and an electrical permit, both with their own review process and timeline. The cost of the permit was based on the cost of the project. From that review, the City was able to streamline the fee structure for residential solar systems, charging a $200 flat fee. However, the process and timing of permit reviews has not changed. To meet the gold designation the City would have to process small solar system permits in three business days. SolSmart outlines ways to accomplish this through a permit process intended to simplify the structural and electrical review, establish guidelines to determine when a solar system is within the boundaries of typical, well-engineered systems, and minimize the need for detailed engineering studies and unnecessary delays. The streamlined process is not intended to circumvent the engineering process, but show clear conformity to code requirements. The process is outlined on their website at www.solsmart.org/permitting. Another resource for the City is the new solar permitting app (https://solarapp.nrel.gov/). The National Renewable Energy Laboratory launched a collaborative effort with key code officials, authorities having jurisdiction, and the solar industry to develop standardized plan review software that can run compliance checks and process building permit approvals for eligible rooftop solar systems. The app can integrate with existing government software; automate plan review, permit approval, and project tracking; standardize up to 90% of standard system plans; and includes an inspection checklist verification and final sign-off after installation. Staff will review ways to streamline the small solar system permitting process with the building official in the coming months. Updates on possible solutions will be presented to the ENR Commission. Program Updates New SolSmart criteria was released on January 4, 2021. A comparison of the old and new criteria is attached. Cities that are already in the SolSmart program can continue with the legacy credits and application until December 31, 2021. The additional pre-requisite required by the City to process small solar systems within three business days in order to achieve the Gold designation has not changed from the legacy to the new criteria and will not impact Maplewood’s efforts to improve our standing. Cities are not required to renew their designation criteria annually. However, SolSmart does reach out at least annually to check in and see how they can support and elevate the work we are doing, or move a City up in designation if applicable. SolSmart experts are working with the City now on those reviews. 3 Renewable Energy Ordinance 2018 Review In 2018 the SolSmart national solar experts reviewed Maplewood’s 2011 solar regulations to assess possible obstacles (i.e. height restrictions, setback requirements, etc.) and gaps. They outlined the following issues: 1.On and off site solar: The ordinance restricts solar energy systems to on-site use, precluding off-site, shared, or community solar facilities. 2.No exemptions provided: No exemptions or allowances are provided for height, setback, or lot coverage for solar energy systems. 3.Visibility restrictions and screening requirements: The wording “solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys “ could be interpreted to prevent a rooftop system that is no flush mounted. Throughout 2018 the Environmental and Natural Resources Commission reviewed the 2011 Renewable Energy Ordinance and recommended changes based on the SolSmart review and new renewable energy technologies and information available since 2011 (refer to draft ordinance attached). The draft ordinance still needs to be reviewed and approved by the City Council. 2021 Review Staff asked the SolSmart experts to review the 2018 amended ordinance since it has been three years since the ENR Commission’s review and recommendation. SolSmart reviewed the solar section of the ordinance and recommended the inclusion of explicit visibility allowances/restrictions for ground-mounted solar systems that are not community solar gardens. Examples include ground mounted residential solar systems that include two units (one in the front yard and one in the back yard as an example), or a solar carport in a residential, commercial, or industrial context. Attachments 1.Maplewood SolSmart Designation Criteria 2.SolSmart Program Criteria Changes 3.Comparison of the Existing (2011) and Amended Draft (2018) Renewable Energy Ordinance 4 Attachment 1 Attachment 2 2 3 4 5 6 7 8 9 10 11 12 Attachment Comparison of the Existing (2011) and Amended Draft (2018) Renewable Energy Ordinance Draft Ordinance Updates as of December 2018 ORDINANCE NO. 914_____ AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING RENEWABLE ENERGY SYSTEMSAn Ordinance Regulating Renewable Energy Systems (Wind, Solar, Geothermal) A . e. Abandonment Section 7. Ordinance Placement Chapter18 ENVIRONMENT ArticleI.InGeneral Sec.011825.Reserved. ArticleII.Nuisances Division1.Generally Sec.1826Unlawfultocause,createorcommit. Sec.1827Commonlawandstatutorynuisancesadoptedbyreference. Sec.1828Unlawfultopermit;cellars,drainscesspoolsorsewers. Sec.1829Rentalagentstodisclosenameofownerorprincipaltocitymanageruponrequest. Sec.1830Publicnuisancesgenerally. Sec.1831Nuisancesaffectinghealth,safety,comfortorrepose. Sec.1832Nuisancesaffectingmoralsandsafety. Sec.1833Enforcementofarticlegenerally. Sec.1834Continuingviolations. Sec.1835Noticetoabate. Sec.1836Abatementbycouncil. Sec.1837Abatementonpremises. Sec.1838Violationsofarticle. Sec.1839Loitering. Sec.18401865.Reserved. Division2.AbandonedMotorVehicles Sec.1866Purpose. Sec.1867Definitions. Sec.1868Violation. Sec.1869Takingintocustodyandimpoundment. Sec.1870Certainvehiclesdeclarednuisances;abatement;removal. Sec.1871Immediatesaleofcertainvehicles. Sec.1872Additionalremedies. Sec.1873Policereports. Sec.1874Noticetoownerandlienholders. Sec.1875Reclamationbyownerorlienholder;preservationoflienrights. Sec.1876Saleofvehicle. Sec.1877Designationofpoundkeeper. Sec.1878Bondofpoundkeeper. Sec.1879Insuranceofpoundkeeper. Sec.1880Towingandstoragechargesgenerally. Sec.1881Releaseofvehicleandservicefeebeforevehicletowedaway. Sec.1882Abatementoftowingandstoragecharges. Sec.1883Releaseofvehicles. Sec.1884Releaseform. Sec.1885Policerecords. Sec.188618110.Reserved. Division3.NoiseControl Sec.18111Prohibitiongenerally;exception. Sec.18112Constructionactivities. Sec.18113Enforcement. Sec.1811418140.Reserved. ArticleIII.ErosionandSedimentationControl Sec.18115Purpose. Sec.18116Scope. Sec.18117Erosionandsedimentcontrolplan. Sec.18118Reviewofplan. Sec.18119Modificationofplan. Sec.18120Escrowrequirement. Sec.18121Enforcement;penalty. Sec.1812218175.Reserved. ArticleIV.AirPollutionControl Sec.18176Shorttitle. Sec.18177Stateregulationsadopted. Sec.18178Approvalrequiredtostartfire. Sec.18179Penaltiesforviolations. Sec.1818018XXX.Reserved. ArticleV.EnvironmentalProtectionandCriticalAreas Division1.StormwaterManagement Division2.WetlandsandStreams Division3.TreeProtection Division4.Slopes Division5.MississippiCriticalArea Division6.FloodPlainOverlayDistrict Division7.ShorelandOverlayDistrict Division8.RenewableEnergy