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HomeMy WebLinkAbout2009-11-16 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday, November 16, 2009 7:00 p.m. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. October 19, 2009 5. New Business a. East Metro Regional Fire Training Facility-Informational Presentation 6. Unfinished Business a. Energy and Conservation Strategy b. Wetland Ordinance 7. Visitor Presentations 8. Commission Presentations a. Subcommittee Reports 1) Stormwater 2) Greenways 3) Trash Hauling b. Fish Creek Greenway Ad-Hoc Commission - Update by Commissioner Yingling c. Capitol Region Watershed Management Plan - Update by Commissioner Schreiner 9. Staff Presentations a. Commission Terms b. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, October 19,2009 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Chair Mason Sherrill. B. ROLL CALL Carol Mason Sherrill, Chair Judith Johannessen, Commissioner Carole Lynne, Commissioner Frederica Musgrave, Commissioner Bill Schreiner, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Commissioner Trippler mo Ayes-All Staff Present Shann Finwall, Environmental Planner C. APPROVAL OF AGENDA Seconded by Commissi The motion passed. D. APPROVAL OF MINUTES Commissioner Trippler moved to approve the September 21. 2009, Environmental and Natural Resources Commission Meetinq Minutes as submitted. Seconded by Commissioner Schreiner. Ayes - Commissioners Mason Sherrill, Musgrave, Schreiner,Trippler, Yingling Abstention - Commissioner Johannessen The motion passed. E. NEW BUSINESS a. Energy Efficiency and Conservation Strategy: 1. Environmental Planner, Shann Finwall gave the report and answered questions of the commission. October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 1 2. Senior Energy Scientist, George Johnson with SEH, Vadnais Heights, gave the presentation, addressed and answered questions of the commission. 3. Chief Building Engineer, Larry Farr gave a brief presentation. b. Chickens in Residential Zoning District: 1. Jeremy and Amy Decker addressed the commission and discussed the issues regarding chickens in residential areas. 2. City Attorney, Alan Kantrud answered questions of the commission. 3. Ron Cockriel, 943 Century Avenue North, Maplewood addressed the commission and commented on chickens in residential zoning districts. Environmental Planner Finwall stated staff will research this item and bring further information back to the commission at a later date. c, Commission Handbook: 1. Environmental Planner, Shann Finwall introduced the item. 2. City Attorney, Alan Kantrud gave the presentation and answered questions of the council. The commission recommended various changes and corrections to the commission handbook. Mr. Kantrud will work with staff to make changes and finalize this document. Environmental Planner, Shann Finwall int mmission and gave a short update on the IS recommending Option 1 from the staff report c stion fee from a per ton basis to per household 0~lhrough 2012. F. UNFINISHED BUSINESS a. Eureka Recycling Contract: Recycling Coordinator, Bill Priefer ad Eureka Recycling contract an which amends the contract basis and extends the cont City Attorney, Alan d and answered questions of the commission. President and Chief Op commission. fficer of Eureka Recycling, Timothy Brownel addressed the Commissioners Trippler and Musgrave felt the city should go through the RFP process. Commissioner Trippler asked what happens when the value of recycled paper has dropped. The price of other commodities has also dropped. The economy is a cycle, it goes up and it goes down. He said it's now down. He asked what happens when the price of paper triples and the price of aluminum goes up? How does the city benefit from the changes that Eureka proposes or does the city not benefit? Mr. Brownel said there is a revenue shared clause within the contract, which is the benefit mechanism for the city. As the revenues of these different materials go up then the city gets 60% of that material value which in turn lowers the cost for the service. He said Eureka is experiencing a very significant change in the composition of the materials. Eureka is seeing less newspaper in recycling and it continues to decline. Commissioner Trippler said he was listening to NBC national news and they had a story about San Francisco having a law that requires recycling food waste. Commissioner Trippler asked if Eureka Recycling was looking into that type of market. October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 2 Mr. Brownel said Eureka is looking into the process of collection of compostable materials which include food and other household material that would be organic based and compostable. As an example there are certain paper products such as a frozen pizza box which can't be recycled in any system currently, but could be composted. Chair Mason Sherrill made a motion to approve the amendment to Eureka Recycling's contract to change collection fee from a per ton basis to per household basis and extends the contract two years, through 2012. Seconded by Commissioner Schreiner. The motion carried by a vote of 4 to 2 with Commissioners Musgrave and Trippler voting against. b. Alternative Energy Ordinance (Tabled until November) G. VISITOR PRESENTATIONS 1. Ron Cockriel, 943 Century Avenue North, Maplewood. Mr. Cockriel discussed Lions Park and the stormwater Issues. H. COMMISSION PRESENTATIONS a. Subcommittee Reports 1. Stormwater update 2. Greenways update 3. Trash Hauling update and what has been discussed. b. Fisk Creek Ad-Hoc Commission - 1. Mr. Cockriel gave an update on t I. STAFF PRESENTATIONS a. Environmental and Natural b. Recap of Slope Tour c. Fall Clean Up Even d. Joy Park Buckthorn e. Wetland Ordinance Up f. Maplewood Nature Cente p.m. mission Term Expirations a.m. to 1 p.m. Gethsemane Church orth side of Silver Lake - November 14, 9:30 a.m. to 12 noon and second reading in November) grams - October 24, Vista Hills buckthorn removal 12:30 until 2 J. ADJOURNMENT Chair Mason Sherrill adjourned the meeting at10:00 p.m. October 19, 2009 Environmental and Natural Resources Commission Meeting Minutes 3 Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: LOCATION: Environmental and Natural Resources Commission Shann Finwall, AICP, Environemental Planner East Metro Regional Fire Training Facility-Presentation by Fire Chief Lukin Um,lsed Minnesota Department of Transportation Highway Right-of-Way - North of the Priory, West of Century Avenue, South of Holloway Avenue November 12, 2009 for the November 16 ENR Commission Meeting DATE: A multi-jurisdictional partnership between a number of local fire departments, including the Maplewood Fire Department, and public safety organizations are proposing the East Metro Regional Fire Training Facility. This facility would be located on the Minnesota Department of Transportation (MN DOT) unused highway right-of-way site, which is currently vacant but used by MN DOT for storage and stockpiling for road projects. The multi-jurisdictional partnership is currently seeking funding from the 2010 bonding bill for the facility. If funding is received in 2010, the facility will require several land use permit approvals by the city, which will include reviews by the environmental and natural resources commission. Prior to the bonding bill review by the Minnesota Legislature, Steve Lukin, Maplewood Fire Chief, would like to present the concept plans for the facility to the Environmental and Natural Resources and Planning Commissions. Attached find a location map and proposed facility highlights prepared by Chief Lukin. Attachments: 1. Location Map 2. East Metro Regional Fire Training Facility Highlights . AitC4.cJ'lp\'ftt\ .. ... . . Loc.cc+iOf\ fl\q P Attachment 2 East Metro Regional Fire Training Facility Prepared by Steve Lukin, Maplewood Fire Chief November 2009 A multi-jurisdictional partnership between a number of local fire departments and public safety organizational is proposing to build and operate the East Metro Regional Fire Training Facility. The project will be built to serve the training needs of local fire departments, police and emergency management agencies, as well as training organizations like Century College. The project facilities will use about 5 acres of the existing 26-acre site. The facilities will follow the city of Maplewood's sustainable building goals as described in their 2009 Comprehensive Plan and a critical part of this project is to create and established a buffer along this edge to enhance the overall wetland functions and the values of this wetland complex. Currently, there are inadequate training facilities in the north and east metro and surrounding areas for firefighting agencies to properly train. Some of the training facilities that east metro departments are using now do not provide the full suite oftraining components needed to meet National Fire Protection Association (NFPA) Standards. This facility will provide this ability as well as achieving costs savings for local departments resulting from reduced travel costs, and reduce time commitments needed to meet training requirements and keep them closer to their response areas. A Joint Powers Agreement will be developed and executed between the participating Local Units of Government. The JPA will enable the establishment of the East Metro Firefighter Training Facility, govern operations, maintenance, and provide financial accounting for the Facility. In addition to serving the LGU's who are a part of the JPA, the facility will also be available for rental to other LGU's and agencies and the public sector. Also stated in the 1999 study and the most recent study in 2009, additional consideration for funding should be given to facilities with collaborative ownership or operational among federal, state and local agencies and private sector organizations in which this new facility will meet. This new facility will provide the following multidiscipline training in defensive tactics, live burn training, live fire arms training, scenarios based training, hazardous materials and spill response, search and rescue and confined space exercises and well as other specialized training that is needed by the different agencies. 1 HIGHLIGHTS >- Currently, 10 fire departments are providing service within Ramsey County and 14 fire departments are providing service within Washington County utilizing over 1,400 paid- per-call and full-time firefighters to cover a combined population of 716,158. >- In 1999, the Minnesota Department of Public Safety submitted to the Legislature a statewide master plan for fire and law enforcement training facilities and at that time, designated the East Metro region as a potential future site based on the number of fire departments, firefighters and population. >- In an updated report of public safety training facility needs that was released in October of 2009, it again stated that the East Metro region had potential needs based on population, number of departments and firefighters. >- Also in the 2009 report, it identified the East Metro Regional Fire Training Facility as a potential facility, along with two other colleges. >- This site will be available to the BCA, MnSCU, Homeland Security and Emergency Management and other state and federal agencies and local communities. >- The training facility will ensure that the agencies can meet the minimum standards for training established by the firefighters and police officer training boards, OSHA and the National Fire Protection Agency (NFPA). >- Acquiring structures for live burn training is considered as a very high training experience. But the availability of such structures in the future will become limited to non-existent in the East Metro area. >- Travel time and distance away from their responding areas makes utilizing other training facilities within the metro area difficult. Also, the time available at these other facilities is limited. >- It is difficult at this time for fire departments to meet their driving requirements and their only options are utilizing local streets and parking lots. These areas do not support the type oftraining that requires special setup or equipment. >- Some of the major training barriers are money, lack of access to training facilities and equipment, specialized training and the time needed to setup, take down, travel and train within a two-hour timeframe. >- Needed upgrades to the site due to MnDOT's 40 years of operation is an integrated part of the plan and will implement numerous objectives identified called marshlands which will include wetland enhancements, trail construction and joint use of educational facility. 2 FUNDING Currently, we are seeking three million dollars from the 2010 bonding bill which will be matched by three million dollars. We currently have approximately two million of the three million dollars needed for the match. The ongoing operation and capital will be funded through a joint powers agreement (JPA) and other fees. Century College has shown a great interest in a partnership with the East Metro Regional Training Facility to offer education classes through Century College utilizing this site. 3 Agenda Item 6.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Energy Efficiency and Conservation Strategy November 12, 2009 for the November 16 ENR Commission Meeting INTRODUCTION Maplewood will be receiving grants totaling $163,900 as part of the Energy Efficiency and Conservation Block Grant (EECBG) program. The EECBG program, funded by the American Recovery and Reinvestment Act, provides grants for projects that reduce total energy use and fossil fuel emissions, improve energy efficiency, and spur economic growth. The grants also empower local communities to make strategic investments to meet local, state, and national long-term clean energy and climate goals. Maplewood energy efficient projects covered by the grants include: . Replacement of two boilers at City Hall with more energy-efficient boilers. . Heating, ventilation, air conditioning (HVAC) efficiency upgrades at City Hall. . Energy efficient lighting upgrades at the Community Center and Goodrich Park. . Contribution to Maplewood Mall parking lot energy efficient lighting upgrades. As part of the grant requirements the city must complete an EECS that describes the energy goals and proposed plan for the use of the grant monies. This requirement aligns with one of the Maplewood Green Team's 2009 goals, which is to promote energy conservation in city operations and the community. The Maplewood Green Team is made up of a group of city employees who take time away from their regular duties to assist the city in sustainable initiatives. The strategy will be reviewed by the Green Team and the Environmental and Natural Resources (ENR) Commission, and will be approved by the City Council. The deadline for submittal of the strategy is December 31, 2009. DISCUSSION George Johnson of Short, Elliot, Hendrickson (SEH) gave a presentation to the ENR Commission on October 19. During the meeting the ENR Commission reviewed the city's draft EECS and offered feedback. That feedback, as well as additional information submitted by the Maplewood Green Team and site analysis, has been implemented into the document for final review by the ENR Commission. RECOMMENDATION During the November 16 Environmental and Natural Resources Commission meeting, George Johnson, senior scientist with SEH, will be present to review the revised draft energy efficiency and conservation strategy. Commission feedback will be integrated into the strategy for review by the Green Team one last time on December 2. Final review of the strategy is scheduled by the City Council on December 14. Attachment: Draft Energy Efficiency and Conservation Strategy A-~t1{Ch me f\ t- \ Energy Efficiency an Strategy Plan November 12,2009 RE:Energy Efficiency and Conservation Strategy Plan City of Maple wood, Minnesota SEHNo. MAPLE 109799 Dear Sincerely, s:\ko\m\maple\common\maplewood eecs\109799 energy efficlency6.doc Executive Summary Tbe International Energy Agency estimates tbat tbe United State's economy is the least energy efficient among industrialized countries. Tbis is largely due to tbe low energy prices tbe United States of America bas paid in tbe past, our nation's very bigb level of per capita income and tbe large land area in tbe nation. Many oftbe "unsustainable" aspects of our current lifestyle relate directly to our use of energy and our acquired dependence on fossil fuels. Tbe Environmental Law and Policy Center estimates tbat Minnesota could reduce future energy consumption 28% by aggressively implementing energy efficiency programs. Tbere are two different ways to reduce energy use: "energy efficiency" and "energy conservation." Efficiency means getting more work from tbe same energy source. Conservation means cboosing to use less energy. Our nation is quite good at energy efficiency, but not so good at energy conservation. Local governments sbould playa strong role in tbe reduction of energy use witbin Minnesota. Maplewood bas the potential to decrease energy consumption and costs by using energy more efficiently. Major energy conservation will require tbat governments, businesses and individuals make a conscious effort to reduce tbe use of resources wbile maintaining tbe quality of life to wbicb we have become accustomed. Tbe creation of an energy efficiency and conservation strategy (EECS) is tbe first step to achieving tbat goal. Following tbat strategy into the future requires an ongoing level of commitment. Maplewood will be receiving federal grants totaling $163,900 as part of the Energy Efficiency and Conservation Block Grant (EECBG) program. The EECBG program, funded by tbe American Recovery and Reinvestment Act, provides grants for projects that reduce total energy use and fossil fuel emissions, improve energy efficiency and stimulate economic growth. The grants also empower local communities to make strategic investments to meet local, state and national long-term clean energy and greenhouse gas reduction goals. Energy efficiency projects covered in tbis grant include: developing of a long-term energy efficiency plan for Maplewood, completing energy audits for all public buildings and facilities, replacing two boilers at city ball with more energy efficient boilers, completing beating, ventilation, air conditioning (HV AC) efficiency upgrades at city hall, completing energy efficient ligbting upgrades at the Community Center and Goodricb Park and making a contribution to Maplewood Mall parking lot energy efficient lighting upgrades. As part of tbe grant requirements tbe city must complete an EECS tbat describes tbe energy goals of tbe proposed plans for tbe use federal grant monies. The Maplewood Green Team, a group of employees assisting the city in sustainable goals, cbose tbe promotion of energy conservation as its 2009 goal. The Green Team strategy is to help provide a road map for reducing energy use and lowering energy costs for local government, businesses and tbe community. Tbe EECS will provide an action plan for the future. It will include a summary of measurable energy efficiency and conservation goals and objectives. There will be a scbedule or major energy efficiency and conservation milestones. Tbe scbedule will provide an implementation plan for spending EECBG funds as well as establishing priorities for future energy efficiency improvements. It will establish a baseline of energy and facility information and require tbe collection of periodic data on power, fuel and expenditures to track energy efficiency progress in Maplewood. Tbis data collection bas already begun as part of tbe B3 bencb- marking program Maplewood participates in. The plan also bas an important public participation component. The Green Team and the environmental and natural resources commission will do mucb of tbe initial plan development. Then Maplewood will hold public meetings to discuss the strategy and seek input for improving tbe plan. The final EECS plan recognizes tbe inter-relationsbip of Maplewood to its surrounding local units of government and tbe overlapping autborities tbat exist in the Twin Cities Metropolitan area. Maplewood will strive to make its .plan consistent witb tbe sustainability efforts of neigbboring communities to promote the common good through energy efficiency, conservation and sustainability. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 Executive Summary (Continued) Maplewood will take the following steps necessary to create and implement the plan: A. Set priorities B. Develop an action plan I. Strategies - policies a. Discuss policies in public forum b. Prioritize problems in terms of cost c. Establish a capital improvement program d. Establish a regular operating and maintenance schedule 2. Tactics - practices 3. Emergency measures 4. Puhlic education C. Assess progress 1. Establish baseline data a. Electricityfbuilding (quantity and unit cost) b. Natural gasfbuilding (quantity and unit cost) c. Petroleum/month/department/vehicle (quantity, unit cost) d. Supplies (quantity and unit cost) e. Equipment (quantity and unit cost) f. Operation and maintenance budget/month/department g. Hours and costs of employees/month/department 2. Measure and monitor key factors 3. Evaluate trends over time 4. Report progress 5. Make midcourse corrections as trends in data are recognized a. Triage b. Replace least efficient appliances first c. Mitigate largest energy losses first d. Increase costs to cover increased expenses e. Eliminate buildings, equipment, programs in order to reduce costs 6. Keep working on constant improvement Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 Table of Contents Letter of Transmittal Title Page Executive Summary Table of Contents Page 1.0 Introduction.......................................................................................................... A-1 2.0 Community Vision for Energy Efficiency and Conservation ............................A-2 2.1 Recognition of Stakeholders Who are Part of the Planning Process..............A-4 3.0 Baseline and Projected Energy Sources and Uses ...........................................A-4 3.1 Overall Goals ................................................................................................A-4 3.2 Electric, Natural Gas, and Petroleum.............................................................A-4 3.3 Stationary Buildings....................................................................................... A-4 3.2.1 Thermal Insulation .............................................................................A-4 3.2.2 Building Codes................................................................................... A-5 3.4 Transportation......................... ................................ ...... .......... .................. .... A-5 4.0 Maximizing the Benefits to the People and Businesses of the Region............A-5 4.1 Household and Business Cost Savings .........................................................A-5 5.0 Priority Actions by Sector ...............................................,...................................A-6 5.1 Building Energy Efficiency .............................................................................A-6 5.1.1 Energy Efficiency In City Buildings - Key Aspects .............................A-7 5.2 Education 6.0 Implementation Action Plans ..............................................................................A-9 6.1 Implementation Activities at Maplewood Public Facilities.............................A-10 6.1.1 Energy Reduction Projects...............................................................A-10 6.1.1.1 Public Works....................................................................A-10 6.1.1.2 City Hall / Police Department ...........................................A-10 6.1.1.3 Maplewood Community Center ........................................A-11 7.0 Budget, Funding, Leverage, and Sustainability Plan ......................................A-12 8.0 Communications and Engagement Plan ..........................................................A-12 9.0 Jobs and Economic Development Plan ...........................................................A-12 9.1 Green jobs for Maplewood ..........................................................................A-12 10.0 Alignment with Plans of Adjacent Municipalities and the State .....................A-12 11.0 Plan for Tracking and Sharing Progress ..........................................................A-13 SEH is a registered trademark of Short Elliott Hendrickson Inc. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 Pagei Table of Contents (Continued) Appendix A Appendix B Appendix C List of Appendices Green Team Comments Analysis of the City of Maplewood's Energy Efficiency and Conservation Outline of Data Collection Needs to Track Energy Efficiency Improvements Project Site Photo Appendix D Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 Page Ii Energy Efficiency and Conservation Strategy Plan Prepared for the City of Maple wood} 1.0 Introduction The world has recently become aware of how important energy efficiency is to our survival and sustainability. Sustainability planning requires the integration of solutions to social, economic and environmental considerations in mutually beneficial ways while trying to preserve or improve the community's quality of life. It has become apparent in recent years that many of our most unsustainable practices relate directly to our dependence on cheap fossil fuels and the energy these provide. Reducing the use of fossil fuel at every level of American society will decrease the political, economic and environmental stress that is caused by air pollution and global warming. The latest general estimates are that 40 percent of the carbon dioxide emissions generated by burning fossil fuel come from the generation of electricity. Thirty-five percent comes from transportation and the remaining 25 percent comes from all other uses of fossil fuel such as heating industrial, commercial and residential customers. Energy sustainability means using human intelligence to find strategies and behaviors that use less energy, use energy more efficiently, and increase the percent of renewable energy in our production portfolio. At present, somewhere between 80 and 90 percent of energy used in the United States comes from nonrenewable fossil fuel, generally, coal, petroleum and natural gas. As this limited supply diminishes, demand and price will have to increase. As awareness of this harsh future economic reality dawns, we have a limited period to begin to adjust to this new paradigm. Many energy planners and futurists are recommending what Amory Lovins of the Rocky Mountain Institute calls the "soft path" to energy independence. Lovins states that our first priority is to generate "negawatts" which means using energy more efficiently and selecting conservation measures to do the same work with less energy. He says we must, "Act Locally and Think Globally". This means gradually changing our lifestyles to use less energy wherever we can. Local governments can reduce energy use and fossil fuel emissions to move forward, towards continual improvements in energy efficiency. Maplewood is charged with regulating and controlling land use, public safety, housing and environmental quality. Every one of these activities involves energy consumption. Each offers the potential for increased efficiency. The city has many opportunities to institute improved energy efficiency and conservation of energy resources as a common part of all design and planning processes. Many cities, including the City of Maplewood, have demonstrated their long-term commitment to sustainability in response to the U.S. Mayors Climate Protection Agreement. One key aspect of sustainability is to recognize energy efficiency as the highest priority energy resource. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-1 Maplewood can make a strong, long-term commitment to implement increased energy efficiency as a cost-effective resource management technique. It can broadly communicate the benefits of and opportunities for energy efficiency. It can also promote sufficient, timely and stable program funding to deliver energy efficiency where it's cost-effective. In addition, the city can modifY policies to align with available utility incentives by delivering cost- effective energy efficiency and adjusting ratemaking practices to promote energy efficiency investments. Xcel Energy is the primary electric and gas provider for most of Maplewood. They provide a number of programs to assist governments, businesses and residences moving toward greater energy efficiency. Parts of the city are also serviced by North Saint Paul Electrical Cooperative. All cooperatives utilities also provide support in energy conservation. It is becoming obvious to most informed citizens that we must use less energy worldwide, or suffer environmental consequences and further economic stress. In response to the new energy paradigm, there are only three basic alternatives available: I. Mitigate our behavior and systems to reduce energy use. 2. Adapt to reduced availability of energy. 3. Deal with the inability to adaptto reduced energy. 2.0 Community Vision for Energy Efficiency and Conservation The United States of America and the State of Minnesota are committed to improving energy efficiency, increasing energy conservation and maximizing the local and distributed production of renewable energy resources. These goals are driven by a combination of economic and environmental factors that point to the need to modifY our behavior at every level in order to approach a more fully sustainable lifestyle. This paradigm shift will require a deeper realization of our current impact on the environment and a commitment at every level of society to modifY their behavior in ways that will reduce our consumption of fossil fuels. The utility companies and federal and state governments finance a wide variety of measures to improve energy efficiency, mostly through loans, grants and tax incentives to local governments, businesses and individual citizens. A number ofthe techniques discussed have been instituted at the federal and state level, but additional community implementation must be undertaken by local units of government, businesses, industry and individual local residents in order to fully accomplish the changes desired. An energy supply that can meet the demands ofthe future depends on maximizing existing technologies and the early availability of new technology options. Increased efficiency of energy use is the most important energy tool that industrialized countries have. This is equally true of all buildings, electrical appliances and heating and cooling equipment. It also applies to the transportation sector and our use of petroleum fuels. In addition, many energy efficiency measures are also economical when measured over the life of the system. The costs saved for many energy improvements are greater than the investment and capital costs for the energy-saving technology when measured over the life cycle of the technology. The pay back period generally accepted by the industry is three to five years, which reflects any rebates and returns on investments. The rapid pace of innovation in areas of renewable and alternative energy technology is outpacing traditional energy efficiency measures in many cases. Making the shift towards more efficient technologies is not automatic. Fossil fuel energy has been so inexpensive for so long that we have forgotten it is a finite resource. The use of these Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-2 limited fuels has hidden costs that we are just beginning to realize. The historic forces that resist the change away from dependence on coal, oil and natural gas are too great. These include the lack of knowledge about efficiency technologies and alternative energy sources, the lack of capital to make changes immediately, the inertia to changing established patterns of behavior and the lack of financial incentives for decision-makers and established business relationships. There is not just one single way of using the potential of increased energy efficiency. An entire tool kit is needed to fix the many problems past energy inefficiency has left us. The City of Maple wood is committed to becoming a sustainable community by 2050. They have demonstrated this resolve by signing the United States Mayor's Climate Protection Agreement, which obligates cities to meet carbon reduction targets established by the Kyoto protocol. Maplewood is taking proactive steps to protect its air, water, natural and urban landscape by focusing on carbon emission reduction activities in the areas of energy efficiency and conservation. Target areas include: . Improving heating, cooling and lighting efficiency in municipal buildings. . Providing a cleaner energy supply, and increased use of alternative fuels in stationary assets and transportation options. . Improved recycling and waste reduction. . Reforestation and preservation of green spaces. . Reduction in storm water runoff and improved water quality. In order to accomplish these goals Maplewood is committed to a step-by-step incremental policy of gradually improving and replacing existing infrastructure to improve energy efficiency in city-owned buildings, vehicles and city-run programs. This will require continued attention by staff and long-term commitment by managers and elected officials to this over-riding principle of improved efficiency and conservation. Maplewood strives to become a pilot city for Minnesota GreenStar Cities initiative. Maplewood should continue to track and apply for appropriate energy efficiency and alternative energy support programs, grants and low interest loans available through the federal and state governments and also Xcel Energy to move towards increased efficiency in energy use. The city should consider either installing alternative energy systems, such as solar or wind energy generators at city-owned property. If these are not feasible, Maplewood should purchase renewable energy certificates which require slightly increased utility rates to subsidize green energy production at remote locations. The Maplewood planning commission, community design review board, environmental and natural resources commission, city council and mayor should officially recognize the importance of energy efficiency and conservation and codity this as a formal city policy or ordinance. Maplewood should institute and mandate an environmentally-oriented purchasing policy that makes energy efficiency and sustainability one of the top criteria for future purchasing decisions. It is recognized that this community vision cannot be accomplished quickly or inexpensively. Maplewood officials and key staff members have undertaken an ongoing plan to address many aspects of the sustainability issue. Planning for energy efficiency and increased conservation is a key part of a long-term plan. In the next several years, the city will evaluate all city-owned buildings and make the necessary changes to include energy efficiency, reduce carbon fuels and save taxpayer dollars. Maplewood is participating in the State of Minnesota Building, Benchmarking and Beyond (B3) guidelines to identity and prioritize energy Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-3 efficiency remediation needs for public buildings. Using this B3 protocol also pre-qualifies the city to apply for future energy assistance funding available from the Minnesota Department of COl1l1llerce. In the last few years, Maplewood has made a number of improvements in its energy efficiency practices and purchasing policies. Still, there are a number of areas where changes are needed. This plan is an attempt to describe the energy efficiency and conservation goals, what steps Maplewood has taken to date, and future steps needed to achieve those goals. 2.1 Recognition of Stakeholders Who are Part of the Planning Process This EECS would not be possible without the combined, ongoing efforts of key members of city staff, elected officials and the citizens of Maple wood. In particular, Maplewood's Green Team and the Environmental and Natural Resources COl1l1llission played leading roles in defining the problem, suggesting policy, developing alternatives, and implementing solutions. Comments raised during the planning process by the Green Team are found in Appendix A at the end of this report. The Maplewood Nature Center serves an important environmental education function that can be further focused on issues of energy efficiency and the ecosystem. Maplewood currently distributes a monthly and quarterly publication that helps raise awareness on energy issues for the entire city population. The city also uses its website as another way to educate and inform the public on energy, environmental and sustainability issues. 3.0 Baseline and Projected Energy Sources and Uses 3.1 Overall Goals Reduce fossil fuel emissions in a manner that is environmentally sustainable and maximizes benefits for local and regional cOl1l1llunities. 3.2 Electric, Natural Gas, and Petroleum Utility records for the last five years were examined for electric and natural gas consumption at city-owned buildings. This data is found in Appendix B. Fuel consumption by city vehicles can be estimated by records of gasoline and diesel fuel dispensed from the city fuel tanks. A formal energy audit of the Nature Center through RET AP is planned. 3.3 Stationary Buildings Building heating and cooling requires approximately 40 percent of all energy consumed. There are several approaches for improving energy efficiency in buildings, some of which are discussed below. This initiative will demonstrate a methodology that can be applied ultimately to every city-owned building. 3.3.1 Thermal Insulation One of the most cost-effective ways to improve energy efficiency in buildings is with improved thermal insulation of roofs and outside walls. Many of our older buildings were constructed when energy was cheap. Studies have shown that heating requirements and CO' emissions for new buildings can be reduced by an average of about 30 percent with adequate insulation. Building codes can require improved thermal insulation requirements for existing buildings if particular retrofitting measures are made. This single measure could result in substantial improvements in the energy efficiency of Maple wood's building stock. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-4 Insulation can also be improved by caulking or patching air leaks in existing buildings around doors, windows and areas where building additions were added. Window areas are another zone of substantial heat loss. Using smaller windows and/or replacing existing single pane windows with multi-pane windows are recommended. In cases where these options are not feasible, insulating window films can provide additional heat loss prevention. Work must continue to further tighten the standards for the conservation of heat energy in buildings. 3.3.2 Building Codes You can use legal requirements such as building codes and standards for new construction or rehabilitation of existing structures. Maplewood has already adopted the State Energy Code. These codes may require the replacement of older appliances and equipment with newer more energy efficient models. One way to accomplish this is to take advantage of existing energy . improvement loans and subsidies. There are also a number oftax incentives available through the federal and state government that work to encourage energy improvement. In dealing with existing infrastructure, one has the difficulty of having to maintain that which you have, while slowly and steadily improving the buildings with incremental energy improvements. These improvements will he initiated as items need replacement or new incentives become available. Overarching regulatory policy coupled with financial support and public education leads to the creation of markets for energy improvements. It is also necessary that the public be aware of these measures and there is transparency of pilot projects in new technologies and innovations that increase energy efficiency. 3.4 Transportation According to Lawrence Livermore National Laboratory transportation requires approximately 40 percent of all energy consumed in the USA. We have become such a mobility-oriented society that our existing infrastructure is strongly directed at individual automobile and truck transportation. The Maplewood EECBG funds are not directly programmed to improve energy efficiency in the transportation sector, except through long-term strategies to improve the use of mass transit, biking and pedestrian modes of travel to the maximum extent practicable. Maplewood has a diesel and gasoline fuel station for city vehicles. Fuel use should be tracked monthly and by department to determine this aspect of transportation energy consumption and expense. Vehicle replacement policies should include a strong consideration of higher mileage and more energy efficient vehicles. City staff should endeavor to drive less, car pool and use mass transportation whenever possible. A number of recent studies have shown that controlling traffic with roundabouts is actually much more efficient than conventional signalized intersections. Maplewood has constructed several roundahouts with new road construction in the last few years. As Maplewood plans for future roadway construction and reconstruction, roundabouts should continue to be evaluated as an alternative to controlling traffic. 4.0 Maximizing the Benefits to the People and Businesses of the Region 4.1 Household and Business Cost Savings Homeowners and renters are ultimately taxpayers and utility ratepayers. They pay directly and indirectly for all inefficiency through their taxes and utility fees. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-5 Community and economic development to maximize energy efficiency and conservation requires a "Smart Growth" approach to planning and future development. Existing infrastructure must be maintained and upgraded where practicable. All new facilities or major remodels should be held to a higher efficiency standard. Energy efficient purchases and operations, reduction in energy use, installation of local renewable energy production where feasible, and an increase in local green space for passive and active use should be part of the city's overriding policies. Maplewood's livability and environmental quality can be enhanced by establishing pedestrian paths and bikeways and providing areas for community gardens. Targeted tree planting can be used to improve aesthetics and help reverse the extent of the urban "heat-island" affect. Greenhouse gas reductions should be a consideration in all city purchasing and operational decisions. 5.0 Priority Actions by Sector In order to improve its energy efficiency the city should take these steps: . Maplewood must improve existing buildings and facilities to lower the city's energy costs and reduce emissions . Maplewood must commit to continuously improve facility operations through operation and maintenance of existing systems and upgrading facilities and appliances as these are replaced. . Maplewood must set an example for the community by creating an administrative office complex focused on energy efficiency and sustainable development. 5.1 Building Energy Efficiency The greatest potential for conserving energy in buildings can be tapped by insulating roofs and external walls, replacing windows, installing heat recovery systems and low-temperature boilers or gas condensing boilers. The U.S. government's energy aid is focused on improving building energy efficiency, and providing citizens with financial assistance and information about appropriate and cost-effective energy conservation measures. The federal government covers part of the equipment and supply costs with grants and tax credits. They also encourage implementation of energy conservation measures in government and residential buildings by offering low-interest loans for this purpose. Further assistance is available through the market incentive programs to foster the use of renewable sources of energy. Besides reducing energy costs, these improvements will enhance occupant comfort, reduce deferred maintenance, decrease the need for capital dollars, replace banned refrigerants with environmentally friendly coolants, and lower the number of hot and cold service calls in these facilities. In the Maplewood city hall complex there are a number of older windows that could be a major source of heat loss. These windows should be checked for energy tightness with visual inspection and/or an infrared camera. Heat loss can be reduced through caulking and weather-stripping windows. It may also be cost-effective to apply a thermal window film to reduce heat transmission through the windows. An energy audit should be conducted for every major city building including: . Energy demand analysis (computer-modeled energy audit). Required for all new construction and major renovations. Optional for all existing buildings. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-6 . Building size and materials used. . Projected building use and HV AC systems. . Climate conditions. . Energy use (actual historical usage). Required for all existing buildings (At least the last three calendar years, normalized against weather data). 5.1.1 Energy Efficiency In City Buildings - Key Aspects The introduction of innovations that are more efficient or newer renewable energy technologies do not happen naturally. They require significant changes in citizen behavior and changes in the way energy companies and communities make their investment decisions. Local governments as stewards ofthe citizen's collective resources have an obligation to adopt energy saving techniques as soon as these are economically practicable. The overwhelming amount of data, lack of comparative information or imperfect knowledge on the part of citizens, facilities managers, equipment vendors, manufacturers and policy makers may prevent introduction of efficiency measures in many situations where these make technical and economic sense. People are frequently unaware of all the practices and technologies available to conserve energy. They may have misconceptions or ignorance about new or unfamiliar technologies. City planning staff may lack the personnel with expertise on the details of the energy market. They may not know how to implement policies needed to alter existing patterns of energy consumption. Legal barriers may limit the scope of the planning activities of the energy companies. Legal accounting procedures may impede utilities from considering investments in their customers' facilities as part of the utility investment: Institutional and legal barriers impede rates that allow utilities to recover the costs of energy efficiency and conservation programs Many communities will not make investments in energy efficiency because they lack capital to buy new energy-efficient equipment or make the required retrofit in their installations. A certain measure might be very cost effective, with fast payback, but it will not be implemented unless the community can meet the up-front capital costs. In addition, energy efficiency might not be the highest priority for local investment. For instance, a community considering the purchase of a new refrigerator might prefer a less efficient model if it is available in the color they prefer. An industrial customer may prefer to spend capital on a new line of products rather than consider a retrofit in existing installations. Furthermore, it is often not the person who pays the energy bill who is responsible for the selection and purchase of energy-using equipment. Several opportunities to produce and to conserve energy depend on new technologies that might not be appropriate in some communities. Many new and efficient technologies incorporate electronic components that rely on good quality power to operate. Voltage fluctuations and frequent power failures will shorten the equipment's designed lifetime. Electricity rates (tariffs) in many instances have been a barrier to attracting communities to invest in energy efficiency. Very often tariffs do not reflect the marginal costs of producing electricity. Traditional ratemaking encourages sales of kWh (for an electric utility), and discourages efficiency measures. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-7 Energy efficiency programs need to consider the diversity of actors involved and the different perceptions about costs and benefits, along with risks and uncertainties of each energy saving measure. The evaluation of the economic attractiveness and the convenience (or inconvenience) of implementing a given measure depends on the perspective and criteria of each perspective. Most utilities, large communities and the government have access to low-cost capital, which is not the case for the majority of citizens. Government or utilities can afford to make longer- term investments, which often have longer payback periods, and spread the risks of individual investments across a broad range of ratepayers and taxpayers. The power sector tends to assume a lower discount rate compared to an energy consumer, which reflects its greater access to capital. A perception of greater future risks will also be reflected in the rates used to discount future costs and benefits. A lower discount rate for utilities, for example, will make many investments in energy efficiency cost-effective, but that is not necessarily directly relevant for the client communities. 5.2 Education Staff, managers, elected officials and members of the public should be educated on the considerations that go into making energy efficient investment and energy conservation- oriented system operations. These factors include: I. Type of building - whether it is isolated or aggregated, construction should maximize cubic space and minimize surface area of the building exposed to the weather. 2. Geographical position - orientation of buildings to capture sunlight and reduce energy use. 3. Landscaping - landscape material around buildings to help create more energy efficient micro-climates should be reviewed as part of the planning process. 4. Building materials and insulation - a relatively low-cost way to improve energy efficiency. All materials used in new construction and remodeling should improve insulation value and move the building towards reduced heat loss to the environment. S. Windows - double or triple pane are best for new windows, existing windows should be fUm coated and targeted for replacement as the operation and maintenance budget permits. 6. Ventilation outlet, air ventilation or centralized ventilation unit with heat recovery or distributed ventilation unit with heat recovery is recommended. 7. Heating systems: combined heat and power use is recommended, perhaps the city campus could move towards a district energy approach combining supplemental wood heating, solar thermal water heating, solar photovoltaic or wind-power systems integrated into the existing fossil fuel system. 8. Promoting clean and renewable energy - solar, wind, geothermal in new construction. 9. Transportation and land use - Zoning and economic development policies should be modified to direct all future development towards a more compact sustainable use of land and other resources. Maplewood geographically is quite extended, so efforts should be made to minimize unnecessary trips to the periphery of the city through better transportation planning of city maintenance activities. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-8 10. Reduced waste and increased recycling - Reducing waste consumption and maximizing recycling is a major tool in energy conservation. This should be required in the workplace and strongly encouraged for all employees and citizens. Maplewood will continue to emphasize the importance of continued public education to help citizens modifY their energy awareness and change their behavior gradually to improve energy conservation. This can be done at every level of public interaction, but the nature center offers a particularly rich opportunity to provide environmental education on the role of energy in the ecosystem. The energy bike is an educational display at the nature center. People use their muscle power to create energy from the bike to power a fan, and a fluorescent or incandescent light bulb. The energy bike demonstrates the amount of energy it takes to generate electricity for various electrical appliances and lighting. The use of the energy bike at the community center and other city and community venues will help to raise citizen awareness of energy issues. As stated, the Green Team's 2009 goal is to promote energy conservation. As an introduction the Green Team introduced the Minnesota Energy Challenge to city employees and city residents and business owners. The Minnesota Energy Challenge is a local resource for information on saving money and energy in your home (www.mnenergychallenge.org).It was created by the Center for Energy and Environment, which is a local nonprofit that provides energy services to single-family, multi-family and commercial property owners throughout Minnesota. By taking the challenge, people agree to a few simple steps to conserve energy and reduce emissions. Examples of savings to C02 emissions and energy include: . Wash clothes in cold water. 930 lbs CO2 emissions, $86/year . Low flow showerhead. 381lbs CO, emissions, $35/year . 5 minute showers. 261lbs CO2 emissions, $24/year Progress made by the city on the Minnesota Energy challenge should be published in city publications and on the city's website. 6.0 Implementation Action Plans . Continue planning efforts with the general population, the Green Team, environmental and natural resources commission, planning commission, community design review board, city council and mayor. . Coordinate city actions with overlapping jurisdictions at the watershed, county, state and federal levels on coordinated energy and sustainability projects. . Seek all appropriate energy improvement grants from federal, state and utility sponsored programs. . Continue to complete energy audits on all city-owned buildings and facilities as resources allow. . Complete a five-step building analysis program "retro-commissioning study" on all city- owned buildings. . Work with the chamber of commerce, business associations, and large commercial and industrial firms in Maplewood and immediately adjacent cities to cooperate more fully in energy conservation goals. . Modernization and renovation work on city buildings should use the latest high-energy efficiency standards in Minnesota Building Codes. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-9 6.1 6.1.1 6.1.1.1 6.1.1.2 . In new city and commercia] buildings, standards for average heating energy consumption should be reduced by 25 percent. . In all newly constructed city and commercial buildings an energy analysis should be provided during the planning and permit process. . The city will undertake a long-range program of gradually improving and replacing older HV AC systems as these near the end of their service life. Implementation Activities at Maplewood Public Facilities Energy Reduction Projects The following items or projects have been implemented or are in the process for consideration of implementation that would fall under Energy Reduction Projects. These projects are listed by facility so that there is an understanding of the progress being made for each facility. Public Works BuildinQ . 2001 Radiant gas heating replacing hot water fan units in lower garage/shop/vehicle parking areas Trane HV AC rooftop unit, more efficient boiler reheating in heating season High efficiency hot water heater . 2005 - New boilers with 89 percent efficiency and VA V boxes with boiler reheating, T-8 fixtures in new expansion office areas with occupancy sensors, T-5 fixtures in new vehicle garage area with control panel. Sensors to be added. - Facility heating and cooling completely on Summit Energy Management System (EMS) with frequency drives for rooftop motor control, implement hours of usage schedules where applicable. Start implementation of preventative maintenance program tied to five-step building analysis program "retro-commissioning study." Implement energy star or high efficiency equipment replacement or retrofitting as required . 2006 Retrofit older second floor, garage, and shop areas with T -8 fixtures. . 2007 - B3 energy and building benchmarking program data collected and entered into Minnesota B3 program. . 2009 - X-cel energy assessment completed for city hall, community center, and public works buildings. Review and recommendation in process. City Hall/Police Department 8uildinQ . ]998 T-8 fixtures installed in facility with occupancy sensors in offices with a ten-year payback. Frequency drives installed for air handler units (AHU) 1 & 2 - UHL energy management system installed for AHU's . 2005 MAPLE 109799 A-10 Energy Efficiency and Conservation Strategy Plan City of Maplewood 6.1.1.3 Summit EMS replaces UHL system, pneumatic control still on V A V boxes, and implement hours of usage schedules where applicable. Start implementation of preventative maintenance program tied to five-step building analysis program "retro-commissioning study" Implement energy star or high efficiency equipment replacement or retrofitting as required. . 2006 Submit proposal to start retrofitting V A V boxes to electronic control for more accurate control of areas, over three years. Investigate-replacement of boilers I and 2 with high efficiency units and high efficiency pump . 2007 Replacement of seven rooftop exhaust units with more efficient internally accessible direct drive units. T-8lamps starting to be replaced with Super T-8's Beta test for usage and output quality. Investigate utilizing glycol in heating loop to be able to use Summit system to shut down after hours. Investigate replacement of air conditioning compressor units 1 and 2 with multi-stage fans and high efficiency compressors. B3 energy and building benchmarking program data collected and entered into Minnesota B3 program. . 2008 - Investigating T -8 and other styles of LED available lamps and fixtures. . 2009 Investigating geo-thermal system for campus usage. Investigating solar photo-cells technology to supplement electrical usage for campus. X-cel energy assessment complete. Review and recommendation in process. Maplewood Community Center Buildinq . 1994 T-8 fixtures installed during building offacility. Tracer Energy Management System installed with electronic controls on units. Glycol in system to allow unoccupied time shut down schedules during cold weather. . 2003 - Summit EMS replaces Tracer system. . 2005 Start implementation of preventative maintenance program tied to five-step building analysis program "retro-commissioning study" Implement energy star or high efficiency equipment replacement or retrofitting as required. Improper mixing of glycols caused acidic condition in loop system flushed only; treated water put back in. Thermo-Dyne loop only part protected by glycol, unoccupied time schedule not used. . 2006 - Investigated adding glycol back into closed loop system cost too high at the time. . 2007 - B3 energy and building benchmarking program data collected and entered into Minnesota B3 Benchmarking program. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-11 7.0 Budget, Funding, Leverage, and Sustainability Plan The city will rely primarily on federal and state grants, loans and tax credits to fund energy improvements initially. Local tax increases for energy efficiency are not envisioned in the near future. Maplewood will continue utilizing the B3 Benchmarking system to track energy use and qualify for further energy grants and loans administered by the State of Minnesota, Department of Commerce, Office of Energy Security Under the eligible activity, energy efficiency retrofits, Maplewood could use the RETAP energy audit services as a basis for the city's building energy efficiency implementation plan. Maplewood will use the EECBG funds to provide upfront capital for the energy efficiency strategies outlined in the grant agreement. The energy audits will define areas to achieve the target 25 percent reduction in electricity use. Each of the following capital retrofit activities relates directly to reducing energy consumption, providing electricity savings and greenhouse gas reductions. Potential measures that may be implemented include but are not limited to the following: . Replace all non-energy efficient lamps in lighting fixtures in all facilities. . Replace all existing exit signs with LED exit signage. . Replace or upgrade all HV AC systems. . Install Smart grid computerized control software and equipment. . Conduct selective retro commissioning on the city hall, community center, municipal garage, nature center and fire stations, as permitted by availability of funding. 8.0 Communications and Engagement Plan The Maplewood Green Team and the environmental and natural resources commission will proactively communicate and engage the plan with the community and city employees. In addition, the city will communicate energy conservation and efficiency news and developments through the city's newsletter, quarterly Maplewood Seasous (environmental insert), Maplewood Review, city website, and distribution of information in a kiosk at the Maplewood Mall. The Maplewood nature center will engage in energy focused environmental education as can be programmed into their operating schedule. As new information on energy and sustainability emerges it will be disseminated in print, online and through city outreach programs in housing, education, planning and other areas. 9.0 Jobs and Economic Development Plan 9.1 Green Jobs for Maplewood As Maplewood looks to its sustainable future, its target is to become a sustainable community. Many innovative environmental products are being developed by 3M, a Maplewood based business. Additional green jobs may involve local food production or manufacturing more environmentally friendly products and services, which require fewer materials for production and less water and energy for transportation. Minnesota is a national leader in fmding ways of recycling our water and biomass into ecologically sensitive products. 10.0 Alignment with Plans of Adjacent Municipalities and the State Maplewood has a symbiotic relationship with its adjacent neighbors of Saint Paul, North Saint Paul, Little Canada, White Bear Lake, Oakdale, Woodbury, Vadnais Heights and Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-12 Ramsey and Washington County, in particular. Maplewood will strive to cooperate with other adjacent and nearby municipalities and jurisdictions to the extent feasible. As the energy crisis becomes more apparent, cooperation between adjacent jurisdictions and avoidance of unnecessary duplication of goods and services will increase these interactions between adjacent political units. 11.0 Plan for Tracking and Sharing Progress The Chief Building Engineer and Environmental Planner, or their representatives, will promote, monitor and maintain the capital and operational aspects of the energy efficiency and conservation measures. These positions should expand to address other energy-related initiatives as they develop in Maplewood, providing continuity and a foundation for additional energy use reductions moving forward. The Green Team participants will meet on a monthly basis to develop ideas, share best practices, and monitor, analyze and package program results. The most effective means of sharing information statewide is to share monthly reports with the department managers and elected officials. The Green Team is responsible for reporting energy reduction progress to the city council. The City of Maplewood will pursue long-term strategies to strive for constantly increasing energy efficiency and overall reduction in energy expenses. Energy reductions and cost savings associated with the energy conservation measures will sustain over the lifetime of the installed equipment, with added assurance as a result of the city's regular maintenance and operations schedule and plan for annual retro-commissioning to ensure that all equipment performs optimally. Future city-wide energy cost savings will be needed to support and sustain this critical initiative. Sustained benefits will also result from the installation of Summit EMS. software and equipment in buildings not currently on the campus system. Summit EMS provides centralized real-time energy tracking to identifY quickly changes in energy use patterns that could mean mechanical failure or mis-calibration. Summit EMS combines environmental controls with facility and energy management features into a low-cost and easy to use solution to track operations and savings, all of which maximizes the benefits of energy efficiency equipment upgrades over the sbort and long term. Besides reducing energy costs, these improvements will enhance occupant comfort, reduce deferred maintenance and decrease the need for community capital dollars. Monthly statements of energy performance for each county-owned facility are also available on the website and will continue to be updated as the project moves forward. Key metrics such as energy savings, cost savings per sq. ft., and Green House Gas (GHG) emission reductions will be highlighted from among the other metrics. All plans and activities are subject to city council oversight and approval before and after being vetted through the Green Team. The energy efficiency retrofit program will be managed by Chief Building Engineer with oversight by Environmental Planner. This plan includes implementing the specific steps specified in the EECBG application. An outline of many of the specific metrics and data categories required to more closely track Maplewood's baseline energy efficiency and ongoing improvement is provided in Appendix B. A number of these items would be required by the B3 benchmarking protocol. Staff should collect this data and maintain a database which records the information so trends in Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-13 energy nse and the effects of efficiency and conservation practices implemented can be verified numerically. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-14 Appendix A Green Team Comments Members of the Green Team held two meetings in September and October to brainstorm energy efficiency and conservation strategies for the city and at home. The members were clearly aware of the need for energy conservation at every level of their operation with comments as follows: . Consideration of led exterior lighting in a number of community facility applications. . Make a concerted effort to turn off interior and exterior lighting when not in use and considering installation of automatic light/motion controllers in highly trafficked areas or offices. . Office staff felt that great savings could be obtained by minimizing the number of paper copies of documents made. . There was a strong preference for double-sided copies wherever possible and acclimation to reliance on electronic versions of documents and internet archives for most purposes. . One individual suggested putting a timer on the pool pump. . There was general agreement on the need to reduce excessive personal computer use at home and at work. . There were multiple suggestions to converting to fluorescent lamps. . The idea of urban wind towers was recommended for city buildings. . Comments were made about the large number of small appliances used in city offices, heaters, fans coffee makers, refrigerators and others. This appliance use should be reduced and the existing equipment replaced with higher efficiency units as time goes on. . Maplewood is participating in the B3 Benchmarking program for energy use that should yield future benefits with the State of Minnesota. . The idea was presented to upgrade all existing equipment to EP A Energy Star standards. . The need to seal completely the city building envelope, especially for city hall was recognized. . As part of the EECBG Maplewood is replacing two older boilers with more efficient models for city hall lamp replacements in the Community Center have been undertaken. . Again, Zone sensors for lighting were recommended for these areas. . A key purchase from the EECBG is new improved heating and cooling electronic control systems. . Other ideas presented included staggered work schedules and telecommuting in those limited circumstances where this is feasible. . Staff was reminded by the IT support to turn off their computers when not in use. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-15 Based on this brainstorming event and a review of the draft strategy, the Green Team compiled the following information for further review: . Overall Goals of the of Maplewood's EECS must include specific steps for: Reducing fossil fuel in buildings, vehicles and city operations Reducing energy use wherever possible without compromising quality of life Improving energy efficiency in existing infrastructure and operations incrementally . Community Vision Improve energy efficiency Reduce carbon fuels Save taxpayer dollars Lead by example (how will this benefit the public?) Smart Green Directives (best management practices) Human behavior Educate and motivate Policy/law/code Energy conservation Reduce carbon "fuels" not "footprint" . Communication and Engagement Public Business Resident Contractor Employees Energy programming Website improvements Issue building permits and other permits on line with credit cards Building inspector seminars Educate through the planning process Equipment rental Home expo Promote Incentives Marketing Building/energy code Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 A-16 Appendix B Analysis of the City of Maplewood's Existing Energy Efficiency and Conservation The city is cognizant of the need for energy conservation and is instituting a number of measures to save energy. These measures include: . Automatic computer shutoff programs when not in use, new power strips and more paperless and telecommuting activity. . The IT group also ensures all new equipment is energy star rated. In reconfiguring the server fanns for the city it has moved to virtualization which significantly reduces the number of server units and the power consumption. . Public Works has moved to a new higher energy saving facility in the existing campus of Maplewood. . The city has purchased an electric car and is monitoring fuel consumption of all city departments. . Public Works has gone to a 4 by 10 operations schedule and allows some flexibility in scheduling for personal needs. The Nature Center is well designed to begin with so their efforts have focused on ecological education. This could certainly be expanded to included energy aspects of environmental education. This could possibly be a good demonstration site for advanced renewable energy technology such as solar cells, urban wind turbines and groundwater heat pumps. Representatives from the Maplewood Mall who were receiving a small share of Maple wood's energy grant talked about their unique problems with commercial tenants and the energy management techniques and systems they had instituted. They also agreed to assist the City of Maplewood in energy related environmental education by providing a kiosk to distribute relevant information to shoppers at the Mall. The Maplewood Facilities Manager, Larry Farr has provided utility information that will be integrated into the Final Energy Plan as baseline data. Mr. Farr's technical knowledge is formidable and he is clearly doing many of the things Maplewood needs done. It appears that he is operating with an Operations and Maintenance budget that will require several years to make necessary improvements and repairs. There are some areas and problems, which are being neglected, due to lack of immediate funds. On the positive side, Maplewood has adopted the new State of Minnesota Energy Code requirements for new buildings and major remodels. Mr. Fisher is justly proud of this forward -looking strategy. The city is using frequency drives on every power system and has upgraded almost all of its lighting to more efficient lamps. All toilets are water savers. The city is retrofitting old light fixtures by changing out ballasts. There is some new energy efficient equipment in a number of places. Day lighting is and sophisticated lighting control is used in the New Maintenance building. On the negative side, there is a great deal of pre-1980's infrastructure that presents significant energy management problems. The roof and windows of the city hall and adjacent offices are not well insulated and there appears to be major energy loss and Ice-damming occurring in these roofs. There is a great deal of exposed single pane glass windows that must contribute to heat loss. There are thermal air conditioners with lots of wasted space. The Community Center appears to be a major energy consumer and there could be several increased efficiencies there. The RETAP audit will focus on this building, as this is where the greatest immediate need seems to be for energy conservation. There are a number of old compressors and Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 B-17 other units operating in various places in Maplewood. These should be replaced with higher quality units at the end of their service life. According to Mr. Farr the Gladstone Fire Station is the largest and most modern of the five fire stations. The energy consumption in these units is less than in the campus complex but there is always room for improvement. There is an inordinate amount of glass and other minor inefficiencies but overall it was reasonable energy efficient. Other Maplewood fire stations appear to be in need of much more retrofit than the Gladstone Fire Station. The Maplewood Nature Center is a small energy user but it has the potential to make a major impact in the area of environmental education on energy efficiency and ecology. Nature Center staff can develop facility programming to make visitors more aware of issues of the flows of energy and water in the ecosystem. This will help increase the overall level of public understanding on the implications of energy use in their lives. As part of the Energy Plan, electrical engineers from Minnesota's Retired Engineer Technical Assistance Program (RET AP) will conduct a formal energy audit on the Maplewood Nature Center. It is quite likely that future energy audits will be conducted of Maplewood facilities in order of decreasing energy consumption as permitted by available resources. The RET AP audit is at no charge to Maplewood, however due to the increasing demand for this service, in the future Maplewood may be asked to provide some token fee towards this service. Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 8-18 Appendix C Outline of Data Collection Needs to Track Energy Efficiency Improvements For each building, vehicle, appliance and system in Maplewood trends in energy use can be more effectively understood if a database of relevant data is established. The following outline presents a conceptual framework for establishing a database to accomplish this measurement. Buildings Energy Use A. For each building, collect data in a comments section for: 1. Hours of operation 2. Level of employee coverage 3. Extent of services offered 4. Flexible scheduling 5. Evaluate level of fee for service 6. Contingency planning for unexpected 7. Operation and maintenance budget annually 8. Capital improvement budget needs 9. Number and type ofHVAC units, lamps, computers per building 10. Specific energy cost data for each building or complex of buildings 11. Energy use for gas, electric by units consumed, and by cost per unit of fuel a. Community Center I) Heating 2) Cooling 3) Lighting 4) Computer 5) Other Water, Paper, Supplies b. Administrative Center (City Hall/Police Dept.) 1) Heating 2) Cooling 3) Lighting 4) Computer 5) Other Water, Paper, Supplies Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 C-1 c. Municipal Shop (Public Works and Parks) I) Heating 2) Cooling 3) Lighting 4) Computer 5) Other Water, Paper, Supplies a. Fire Stations (Five) I) Heating 2) Cooling 3) Lighting 4) Computer 5) Other Water, Paper, Supplies b. Nature Center I) Heating 2) Cooling 3) Lighting 4) Computer 5) Other Water, Paper, Supplies c. Other Facilities I) Heating 2) Cooling 3) Lighting 4) Computer 5) Other Water, Paper, Supplies Transportation Energy Use A. For each department, collect data in a comments section for I. Hours of operation 2. Level of employee coverage 3. Extent of services offered 4. Flexible scheduling 5. Evaluate level of fee for service 6. Number and type of vehicles 7. Mission specific expenses Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 1 09799 C-2 8. Contingency planning for unexpected 9. Operation and maintenance budget annually 10. Capital improvement budget projected II. Specific energy cost data for each department 12. Energy use for gasoline, diesel or electric vehicles by number of fuel units consumed, and by cost per unit of fuel) a. Police b. Fire c. Maintenance d. Staff Personal vehicles (for work purposes) e. Public transportation (for work purposes) I) Office Supplies Community Center Gas Usage y = 4729.7x + 71307 R2 = 0.5743 120000 100000 ~ .. u 80000 :E - 0 ~ E 60000 0; '" t- o 40000 0> . ~ => 20000 0 09{2003-08{2004 09{2004-08{200S 09{200S-08{2006 09{2006-08{2007 09{2007-08{2008 Read Date (Sept. 2003-Aug. 2008) Photo 1 Description Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 C-3 Community Center Electric Usage y =: - 2565x + lE+06 R2 = 0.0025 2475000 2425000 :2 2375000 ~ "" ';' 2325000 '" m ~ :;) 2275000 :E u iii 2225000 2175000 2125000 09/2003- 08/2004 0912004-08/2005 09/2005- 08/2006 09/2006-08/2007 09/2007- 08/2008 Read Date (Sept. 2003-Aug. 2008) City Hall Gas Usage y = -398.3Sx + 30778 R2 = 0.2219 32000 31000 ~ ~ E 30000 m " t- ';' 29000 '" m ~ :; 28000 m '" 27000 26000 Sept.2003-Aug. Sept.2004-Aug. Sept.200S-Aug. Sept. 2006~Aug. Sept.20G7-Aug. 2004 200S 2006 2007 2008 Read Date (Sept. 2003-Aug. 2008) Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 C-4 670000 660000 650000 ~ 640000 '" ...... 630000 w en :g 620000 ::> .~ 610000 ~ ~ 600000 '" S90000 S80000 S70000 City Hall Electric Usage y = 8768x + 600S44 R2 = OA04 Sept.2003-Aug. Sept.2004-Aug. Sept.200S-Aug. Sept.2006-Aug. Sept.2007-Aug. 2004 200S 2006 2007 2008 Read Date (Sept. 2003-Aug. 2008) Energy Efficiency and Conservation Strategy Plan City of Maplewood MAPLE 109799 C-5 Appendix D Project Site Photo Agenda Item 6.b. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Wetland Ordinance November 12, 2009 for the November 16 ENR Commission INTRODUCTION Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants and reduce flooding and erosion, they provide food and habitat for wildlife, open space for human interaction, and they are an integral part of the city's environment. Development surrounding wetlands may degrade, pollute, or accelerate the aging of wetlands. Regulating land use around wetlands is therefore in the public interest. The City of Maplewood has over 300 wetlands. The city regulates land use around these wetlands through our wetland ordinance; which was originally adopted in 1996 and has been under review and revision by the environmental and natural resources (ENR) commission and the city council since 2006. BACKGROUND Over the last few years the ENR Commission has been reviewing the city's wetland regulations. The city council approved the first reading of the ENR Commission's proposed wetland ordinance on March 24, 2008. During the meeting the city council requested that staff look into several issues prior to the second reading as well as notify all property owners within 500 feet of a proposed Manage A wetland (highest quality wetland) of the second reading of the ordinance. On April 28, 2008, the city council held the second reading of the ordinance. Of the 757 notices mailed to property owners within 500 feet of a proposed Manage A wetland, 12 residents attended and spoke at the city council meeting. Due to the residents' concerns, the city council tabled the wetland ordinance and sent it back to the ENR Commission for review. The following months the ENR Commission took public testimony regarding the draft wetland ordinance and formulated recommendations to address the concerns raised. On October 7, 2008, the ENR Commission recommended approval of the wetland ordinance with changes that attempted to address resident concerns expressed during the city council's second reading of the ordinance in April 2008. On March 24, 2009, the city council held a workshop to review the additional changes proposed by the ENR Commission. The city council discussed several aspects of the ordinance including, but not limited to, scientific research regarding buffer widths, property rights, property values, reduced buffers for buffers restored to native plantings, nonconforming manufactured homes, and variance process. 1 On April 13, 2009, the city council held the first reading of the revised wetland ordinance (recommended for approval by the ENR on 10-7-08 with staff modifications based on feedback received during the 3-24-09 workshop). The city council adopted the first reading of the ordinance and requested that staff research eight additional areas of the ordinance where concern was expressed (see Discussion Section below). On June 1, 2009, the city council held a workshop to review how city staff proposed to deal with the eight areas of concern expressed about the draft wetland ordinance during the first reading. The city council came to a consensus on how to deal with five of the outstanding items and directed staff to continue to review and address the remaining two items prior to another first reading of the ordinance. In addition, staff was directed to work with resident representative, Sharon Sandeen, on these remaining issues. On September 28, 2009, the city council held a public forum to review revisions to the wetland ordinance. During the public forum staff outlined solutions to the two remaining areas of concern expressed by the city council during the June workshop. During the public forum, staff and resident representative, Sharon Sandeen, also discussed two alternative ordinance formatting proposals intended to clarify regulations that would apply to new development and construction versus regulations that would apply to existing homeowners. The city council offered feedback on the proposed solutions and directed staff to continue to work with Ms. Sandeen to combine the staff and resident ordinance formats into one document. On November 9, 2009, the city council held the first reading of the revised wetland ordinance (recommended for approval by city staff based on revisions made since 4-13-09) (Attachment 1). The city council adopted the first reading of the ordinance and directed staff to continue to work with Ms. Sandeen on her proposed language for offering reduced buffers as an incentive for single-family homeowners to implement best management practices on their property (Attachment 2). Second reading of the ordinance is scheduled for December 14, 2009. DISCUSSION Areas of Concern Following is a summary of the eight areas of concern expressed by the city council during the April 13, 2009, first reading of the wetland ordinance: 1. Review averaging, it may be too restrictive. 2. Better define best management practices. 3. Eliminate all of the 10-foot building setback requirements from a buffer, except for the setback to a utility class wetland. 4. Clarify which parts of the ordinance pertain to single-family homes and which parts pertain to new development. 5. Clarify that single-family homeowners are able to do work on their own property without the assistance of a contractor. 2 6. Consider a decrease in buffers as an incentive to the implementation of best management practices on single-family lots. 7. Consider regulating wetlands around lakes differently than other wetlands. 8. Consider allowing pre-existing, nonconforming single-family homes to rebuild on the same footprint. Ordinance Format City staff had been using the city's 1995 wetland ordinance as an outline for the new ordinance. All revisions had been shown as underlined if added and sticken if deleted. Due to the number and complexity of the revisions made to the ordinance over time, the redlined version of the ordinance became difficult to follow. During the September 2009 public forum Ms. Sandeen presented a reformatted ordinance she had drafted to clarify regulations that would apply to new development and construction versus regulations that would apply to existing homeowners. Since the public forum city staff, the city attorney, and Ms. Sandeen worked together to rewrite the wetland ordinance to ensure better formatting and to ensure that it covered all areas of the ordinance previously adopted by the city council. The outline of the draft ordinance is as follows: Section 1. Findings: This section covers the city's findings for regulating wetlands, streams, and their buffers. Section 2. Definitions: This section covers definitions of important words and phrases used in the wetland ordinance. Section 3. Applicability and Effective Date: This section covers who and what property is bound by the wetland ordinance, what wetland classifications and wetland map (Attachment 3) will be adopted, and the date the ordinance will become effective. This section also discusses the sunset provision for wetlands adjacent to lakes. Section 4. Buffer Widths and Requirements: This section covers the required wetland buffer widths for each wetland classification, including buffer averaging which would be allowed on Manage A and B wetlands. This section also discusses the alternative buffer widths for wetlands adjacent to lakes. Section 5. Development and Construction: This section covers regulations for new development and construction adjacent to and within a buffer. Section 6. Activities in Wetlands, Streams, and Buffers: This section covers regulations for pre-existing, nonconforming lawn areas. This includes the types of activities that can take place in an existing lawn area, the types of activities that require a wetland management worksheet approval (Attachment 4), and the types of activities that are prohibited or would require a variance. Section 7. Best Management Practices: This section covers guidelines for required and encouraged best management practices. 3 Section 8. Variances: This section covers procedures for granting a variance. It also discusses projects which would be exempt from variances including the replacement of a pre-existing, nonconforming manufactured home within or too close to a buffer; rebuilding of a pre-existing, nonconforming single or double dwelling residential structure within or too close to a buffer; and straight-edge additions to pre-existing, nonconforming single or double dwelling residential structures within or too close to a buffer. Section 9. Enforcement: This section covers how the ordinance will be enforced and the penalties for violations of the ordinance for new development and construction and existing property owners. SUMMARY The draft wetland ordinance has undergone thorough research, planning, and reviews by the ENR Commission, city council, staff, and residents. Many changes have been made to the ordinance as requested by the city council since the ENR Commission's last review over a year ago (October 2008). The end result is an ordinance that attempts to balance the protection of wetlands with the right of private land owners to use their land. RECOMMENDATION Review and offer feedback on the draft wetland ordinance attached. This ordinance was approved as a first reading by the city council on November 9, 2009. Second reading of the wetland ordinance is scheduled for December 14, 2009. P:\com-dev\ord\environmental protection\wetiand\11-16 ENR Review Attachments: 1. Draft Wetland Ordinance 2. Sharon Sandeen Memorandum on Best Management Practices 3. Draft Wetland Map (Separate Attachment) 4. Draft Wetland Resident Guide 4 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ARTICLE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of Article VII. (Environmental Protection and Critical Area) dealing with wetlands. Section 1. Findings. a. Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality by filtering suspended solids and pollutants.They reduce flooding and erosion. They provide food and habitat for wildlife and open space for human interaction, and are an integral part of the city's environment. Depending upon their type, size, and location within a watershed, they represent important physical, educational, ecological, aesthetic, recreational, and economic assets of the city. Properly managed wetlands are needed to support the city's efforts to reduce flooding and to protect the public health, safety, and general welfare. b. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. c. Various existing state and federal laws restrict activities and development within wetlands and streams, The city finds that development adjacent to and surrounding wetlands may also degrade and pollute wetlands or accelerate the aging or elimination of wetlands and that development next to streams may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating development and land use around wetlands and streams is therefore in the public interest. d. As defined and used herein, buffers are land areas adjacent to wetlands and streams that are deemed important for maintaining the health and valuable functions of such wetlands and streams. Restricting development of and land use in buffers recognizes that the surrounding upland impacts the quality and functions of wetlands and streams and, therefore, is in the public interest. e. Buffers with native or naturalized vegetation serve the following functions: (1) Stabilize soil and prevent erosion. (2) Preserve and enhance surface water quality by reducing the input of suspended solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. (3) Filter suspended solids, nutrients, pollutants, and harmful substances. 1 (4) Moderate water level fluctuations during storms. (5) Protect beneficial plant life and provide habitat for wildlife. (6) Provide shade to reduce the temperature of both stormwater runoff and the wetland, thereby helping to maintain the conditions for healthy aquatic life. (7) Reduce the adverse impacts of human activities on wetlands and streams and thereby preserve them in a natural state. g. In addition to regulating development and land use around wetlands, this ordinance is intended to educate the public (including appraisers, owners, potential buyers, and developers) about the importance of wetlands and streams and the functions of buffers and to encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards by managing and enhancing the quality of buffers as hereinafter described. Section 2. Definitions. The following words, terms, and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the context of the word, terms, and phrases clearly indicates a different meaning. Alteration means human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat in a wetland,stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal of vegetation by means of cutting, pruning, topping, clearing, relocating, or applying herbicides or any hazardous or toxic substance designed to kill plant life, Alteration does not include the following: a. Walking, passive recreation, fishing, maintenance of pre-existing, nonconforming lawn areas, or other similar low-impact activities. b. Selective planting of vegetation that is native to Minnesota. c. The management of native plants and trees in order to enhance their health through selective cutting, pruning, topping, clearing, and relocating. d. The management of or removal of non-native plants and trees through selective cutting, pruning, topping, clearing, and relocating, provided that any removal of non-native vegetation is accomplished by using best practices that are designed to eliminate the possibility of soil compaction and erosion. e. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. f. The non-chemical control or removal of weeds and noxious weeds within the buffer. 2 g. The removal of noxious weeds by means of chemical treatment in accordance with application methods that are designed to prevent the dissipation of toxic chemicals into wetlands and streams. h. Selective pruning of trees to enhance health (not to improve aesthetics or gain a view). i. Selective removal of saplings. j. Removal of non-native shrubs, such as buckthorn, if: 1. there is little chance of erosion; and 2. site is flat or has only slight slopes; and 3. cut and treat method of removal is used on shrubs less than one-half (Yz) inches in diameter (not pulling). k. Selective removal of herbaceous vegetation (grasses, flowers, ferns). I. Installation of temporary fencing without footings. m. Projects within the buffer which are the subject of a wetland management worksheet approved by city staff. Best manaaement practices (BMP's) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep-rooted native plants, landscape and pavement maintenance. Buffers are land areas adjacent to wetlands and streams in which development and land use are restricted as set forth herein and in which the growth of native and naturalized plants and trees are to be preserved and encouraged in accordance with this ordinance. Clearina means the cutting or removal of vegetation. Enhancement means an action that increases the functions and values of a wetland, stream, or buffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty-eight (48) hours of a storm event. Lake means an area of open, relatively deep water that is large enough to produce a wave- swept shore. Lake shall also be defined as a "public water" as delineated and listed in the city's shoreland ordinance (Article IX). Laroe-scale proiect means a vegetation maintenance, control, removal, mitigation or restoration project that will affect more than fifty percent (50%) of a buffer located on a piece of property. 3 Lawn area means that area within a buffer with manicured landscape, including areas of mowed turf grass, gardens, play areas, work areas, patios, play structures, and nonpermanent structures. Lawn area does not include: (1) areas within a buffer consisting of native or naturalized vegetation; and (2) the land area that is outside of a buffer. Mitiqation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer or wetland. Native area means an area where native vegetation exists. Native veqetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized area means an area where naturalized vegetation exists and does not include a lawn area. Naturalized veqetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted or maintained as a lawn area. It may be a native or non- native species. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinary hiqh water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Public waters means water basins assigned a shoreline management classification by the Minnesota Department of Natural Resources commissioner under Minnesota Statutes, sections 103F.201 to 1 03F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes. . Rain qarden means an infiltration basin that is planted as a garden that allows water to infiltrate within forty-eight (48) hours of a storm event. Restoration means restoring a wetland, stream, or buffer in whole or in part to a condition that is similar to that before development of the surrounding area. Selective refers to work done in a naturalized or native buffer to improve the number and viability of native or naturalized plants or to remove non-native vegetation. Selective planting of native vegetation refers to the planting of seeds, seedlings, or plants in a manner that does not result in bare soil or the possibility of soil erosion. Selective cutting, pruning, and topping of plants refers to actions targeted at individual parts of plants and trees for the purpose of encouraging new growth, to shape the plant or tree as recommended for the plant species, to remove crossing limbs and branches, or to reduce or eliminate competition among adjoining plants. Selective removal or relocation of plants, including saplings, refers to a process of thinning vegetation by carefully removing a small percentage of vegetation in order to improve the viability of the remaining plant species, to remove non-native species, or to restore densities typical of native vegetation. Selective does not include large-scale projects. 4 Semipublic means land that is maintained by a private organization for public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the wetland, stream, or buffer. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Straiqht-edqe setback is measurement to determine the allowable setback of an addition to an existing house, garage, deck or driveway which is located closer to or within the required buffer. Straight-edge setback additions are measured by using the exsting edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable desiqn means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Stormwater pond means a pond that has been created to capture stormwater runoff. These are not natural wetlands. Stormwater is often piped into these ponds but may also enter through sheet runoff. Variance means a deviation from the standards of this ordinance that is not specifically allowed. Veqetation means any plant life growing at, below, or above the soil surface. Storm water pond edqe means the normal high water level for a stormwater pond. Weed means a plant which causes damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetlands means those areas of the city inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. This definition does not include lakes or stormwater ponds as herein defined. 5 Wetlands adiacent to lakes means those areas of land or vegetation that have been classified as wetlands by an applicable Watershed District in accordance with the Minnesota Routine Assessment Method (MnRAM) system but which are attached to or part of the edge of a lake as defined herein. Wetland classes are defined follows: a. Manaqe A wetlands are based on the "Preserve" wetland classification as defined in MnRAM. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. b. Manaqe B wetlands are based on the "Manage 1" wetland classifications as defined in MnRAM. These wetlands are high-quality wetlands. c. Manaqe C wetlands are based on the "Manage 2" wetland classifications as defined in MnRAM. These wetlands provide moderate quality. d. Stormwater Pond - These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. Wetland functions means the natural processes performed by wetlands, such as helping the food chain production, providing wildlife habitat, maintaining the availability and quality of water such as purifying water, acting as a recharge and discharge area for groundwater aquifers, and moderating surface water and stormwater flows, and performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations. Wetland manaqement worksheet is a worksheet which is required to be completed by a property owner who wishes to undertake non-selective activities in a wetland or stream buffer. Such worksheet must be approved by city staff prior to any non-selective work in the buffer. Wetland or stream edqe means the line delineating the outer edge of a wetland or stream. The wetland edge shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service, or succeeding publication that is adopted by the Federal Government. The applicable watershed district must verify this line. Section 3. Applicability and Effective Date. a. Applicability. 1. This ordinance shall take effect after the city publishes it in the official newspaper. 2. Except as specified elsewhere in this ordinance, this ordinance shall apply to all real property which is located in a wetland, stream, or buffer or any person or use that would alter a wetland, stream, or buffer after adoption of this ordinance (add date of adoption of new ordinance). 3. The city adopts the wetland classification map dated (add date of adoption of new ordinance), which is based on wetland classifications from the MnRAM 6 studies and assigned by the applicable watershed district. Other wetland classification regulations are as follows: a. The city council will adopt changes to the wetland map which are based on MnRAM studies conducted and approved by watershed districts. b. Any wetland not currently assigned a classification based on MnRAM studies as of the date of the adoption of this ordinance (add date) shall carry over the city's April 24, 1995, wetland classifications and shall be assigned the following management classes: 1) Class 1 wetlands are defined as Manage A wetlands. 2) Class 2 wetlands are defined as Manage A wetlands. 3) Class 3 wetlands are defined as Manage B wetlands. 4) Class 4 wetlands are defined as Manage C wetlands. 5) Class 5 wetlands are defined as stormwater ponds. c. Wetlands adjacent to lakes will be regulated by this ordinance until December 31,2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever occurs first. d. Appeals to the wetland classifications are within the jurisdiction of the applicable watershed district and shall be filed and heard pursuant to the administrative review process of that district. In the event that an appeal is granted, the city will recognize the results of that appeal for purposes of the classification of wetlands within the city. 4. When any provision of any ordinance conflicts with this ordinance, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this ordinance. This also applies to the applicable watershed district regulations. b. Exemptions. This ordinance does not apply to the following property located in the city limits of Maplewood: 1. Property which is located within a buffer, but is separated from the wetland or stream by an existing road. 2. Nonconforming buildings and structures not in conformity with the regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. 3. Nonconforming lawn areas not in conformity with regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. Nonconforming lawn areas will lose its legal nonconforming status if it is converted to native or naturalized buffer. 7 Section 4. Buffer Widths and Requirements. a. Minimum buffers. The following are the minimum required buffer widths and structure setbacks: Buffer Wetland Classes Manage A & Streams Manage B Stormwater Manage C Pond Minimum Buffer Width 100 ft. 75 ft. 50ft. 10ft. Structure Setback from Edge of Buffer o o o 10ft. b. Buffer measurement. Buffers shall be measured from the wetland or stream edge. c. Buffers containing slopes. For new development or construction on slopes greater than eighteen percent (18%) that are within a buffer, the buffer width shall be increased to ten (10) feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. d. Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functions than wetlands and streams and are used for different recreational purposes, wetlands adjacent to lakes and their designated buffers shall have alternative buffers based on the Ramsey-Washington Metro Watershed District's wetland buffer requirements. The following alternative buffers for wetland adjacent to lakes will apply until December 31,2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever comes first. Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 25 ft. e. Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. In such cases decreasing the minimum buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. 1. The average buffer standards set forth below may be applied based on an assessment of the following: a) Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. b) Size of parcel. 8 c) Configuration of existing roads and utilities. d) Percentage of parcel covered by wetland. e) Configuration of wetlands on the parcel. f) Averaging will not cause degradation of the wetland or stream. g) Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 2. The following are the average buffer widths: Buffer Wetland Classes Manage A & Streams Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. Average Buffer Width 100 ft. 75 ft. N/A 3. A mitigation plan is required for construction of development projects which meet the requirements described in Section 5.d. (Mitigation). 4. The appropriateness of using average buffers will be evaluated as part of the review of the contractor's or owner's development application. The average buffer used must be within the spirit and intent of this ordinance and must meet one or more of the requirements described in Section 7 (Best Management Practices). Section 5. Development and Construction. a. Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. The discharging of stormwater to a wetland must comply with the city's stormwater management ordinance (Section 44-1245, or subsequent ordinances). 9 b. Exemptions. This ordinance does not apply to the following: 1. Walking, passive recreation, fishing, maintenance of pre-existing, nonconforming lawn area, or other similar low-impact activities. 2. Selective planting of vegetation that is native to Minnesota. 3. The management of native plants and trees in order to enhance their health through selective cutting, pruning, topping, clearing, and relocating. 4. The management of or removal of non-native plants and trees through selective cutting, pruning, topping, clearing, and relocating, provided that any removal of non-native vegetation is accomplished by using best practices that are designed to eliminate the possibility of soil compaction and erosion. 5. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 6. The non-chemical control or removal of weeds and noxious weeds within the buffer. 7. The removal of noxious weeds by means of chemical treatment in accordance with application methods that are designed to prevent the dissipation of toxic chemicals into wetlands and streams. 8. Selective pruning of trees to enhance health (not to improve aesthetics or gain a view). 9. Selective removal of saplings. 10. Removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or has only slight slopes; and c) cut and treat method of removal is used on shrubs less than one-half (Yz) inches in diameter (not pulling). 11. Selective removal of herbaceous vegetation (grasses, flowers, ferns). 12. Installation of temporary fencing without footings. 13. Projects within the buffer which are subject of a wetland management worksheet approved by staff, such as the conversion of lawn area to native or naturalized. 14. Public or semi-public streets and utilities. The city council may waive the requirements of this ordinance for the construction or maintenance of public or semipublic streets and utilities through buffers where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city council shall apply the following standards: 10 a) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative. b) Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the waiver. The city shall notify the property owners within five hundred (500) feet of the property which the waiver is being requested at least ten (10) days before the hearing. c) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. d) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. e) Utility or street corridor construction and maintenance shall protect the wetland and buffer and avoid large trees as much as possible. f) The city shall not allow the use of pesticides herbicides or other hazardous or toxic substances in buffers or wetlands, however, in some situations the use of herbicides may be used if prior approval is obtained from city staff. g) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city ordinance. h) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. i) The city council, upon recommendation of the city staff, may require additional mitigation actions as a condition of granting the waiver. 15. Public or semipublic trails. The City may waive the requirements of this ordinance for the construction or maintenance of public or semipublic trails through buffers, and boardwalks in wetlands, where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a) Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. b) Buffers shall be expanded, equal to the width of the trail corridor. c) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by the city. 11 d) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. e) The trail must be designed and constructed with sustainable design methods. f) The trail may provide one access point to the wetland but such an access shall be no more than four (4) feet wide. g) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. h) City staff may require additional mitigation actions as specified in Section 5.d. (Mitigation). c. Construction Practices. Special construction practices shall be required on projects or developments adjacent to wetlands and adjacent to and in their buffers. Such practices (to be approved by city staff before issuance of a grading or building permit) may include, but are not limited to, grading, sequencing, vehicle tracking platforms, additional silt fences, and additional sediment control. They may also include the following: 1. Wetland Buffer Sign Standards: The city may require that a property owner or developer install wetland signs before grading or starting construction. The buffer will be identified by installing wetland signs on the boundary between a buffer and adjacent land. These signs shall mark the edge of the buffer and shall state there shall be no building, mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour ofthe buffer, with a maximum spacing of one-hundred (100) fe.et of wetland or stream edge. 2. Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractor have finished all development activities that may affect the buffer. 3. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The owner or contractor shall be responsible for all erosion/sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. 4. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. 5. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. 12 6. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. d. Mitigation. For large-scale projects or new development or construction, the city requires mitigation when a property owner or contractor has altered or will alter a wetland or buffer. The property owner or contractor shall submit a mitigation plan to city staff for approval. In reviewing the plan, the city may require one or more of the following actions: 1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by staff. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. - Section 6. Activities in Wetlands, Streams, and Buffers. a. Unless an exemption applies, the following activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 13 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. The discharging of stormwater to a wetland must comply with the city's stormwater management ordinance (Section 44-1245, or subsequent stormwater ordinances). b. Wetland management worksheet. A wetland management worksheet is required for non-selective activities within a wetland and stream buffer. Such worksheet must be approved by city staff prior to any non-selective alteration work in the buffer. An applicant may appeal the denial of a wetland management worksheet by submitting a written appeal request to the director of community development within fifteen (15) days of city staff's written denial of the worksheet. The director shall send appeals of wetland management worksheets to the city council. c. Exemptions. This ordinance does not apply to the following: 1. Walking, passive recreation, fishing, maintenance of pre-existing, nonconforming lawn area, or other similar low impact activities. 2. Selective planting of vegetation that is native to Minnesota. 3. The management of native plants and trees in order to enhance their health through selective cutting, pruning, topping, clearing, and relocating. 4. The management of or removal of non-native plants and trees through selective cutting, pruning, topping, clearing, and relocating, provided that any removal of non-native vegetation is accomplished by using best practices that are designed to eliminate the possibility of soil compaction and erosion. 5. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 6. The non-chemical control or removal of weeds and noxious weeds within the buffer. 7. The removal of noxious weeds by means of chemical treatment in accordance with application methods that are designed to prevent the dissipation of toxic chemicals into wetlands and streams. 8. Selective pruning of trees to enhance health (not to improve aesthetics or gain a view). 9. Selective removal of saplings. 10. Removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or has only slight slopes; and 14 c) cut and treat method of removal is used on shrubs less than one-half (Y:,) inches in diameter (not pulling). 11. Selective removal of herbaceous vegetation (grasses, flowers, ferns). 12. Installation of temporary fencing without footings. 13. Projects within the buffer which are subject of a wetland management worksheet approved by staff, such as the conversion of lawn area to native or naturalized. 14. For properties that are zoned single or double-dwelling residential or are used as a single or double-dwelling residential use: a) The use, maintenance, and alteration of existing nonconforming lawn area for the purpose of outdoor enjoyment which may include gardening, nonpermanent structures (including such things as swing sets and volleyball nets), impervious patios, or fire pits. b) Work within a wetland, stream, or buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the permit. Section 7. Best Management Practices. The city encourages and in some cases requires that best management practices be implemented to minimize negative effects of stormwater runoff on the environment when a property owner or contractor has altered or will alter a wetland, stream, or buffer. Best management practices may include the following: a. Restore buffer with native plantings. For large-scale projects or new development or construction refer to Section 5.d. (Mitigation). b. Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a wetland management worksheet is required for management of weeds within the native and naturalized areas of buffers, except for selective treatment. In addition, a management plan drafted by a professional experienced in wetland and stream restoration may be needed for large-scale projects or new development including: 1. Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by city staff as part of the management plan. 3. Management schedule. 4. Erosion control and reseeding if management will create large areas of dead vegetation. 15 5. Cash escrow or letter of credit to cover 150 percent of the required work. c. Reduce stormwater runoff and/or improve the quality of stormwater runoff entering a wetland or stream. This may be achieved through the following strategies or other staff approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1. Reduce amount of pavement on site (I.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. 5. Install rock trench or rock pit. 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 9. Install a green roof on buildings. 10. Install grit chambers, sediment traps, or forebays. Section 8. Variances. a. Procedures. Procedures for granting variances from this ordinance are as follows: 1. The city council may approve variances to the requirements in this ordinance. 2. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council. The planning commission shall hold a public hearing for the variance. The city shall notify property owners within five hundred (500) feet of the property for which the variance is being requested at least ten (10) days before the hearing. 3. The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies listed in Section 5.d. (Mitigation). 4. To approve a variance, the council must make the following findings as depicted in Minnesota Statutes, section 44-13: a) Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The term 16 "undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of this ordinance. b) The variance would be in keeping with the spirit and intent of this ordinance. b. Exemptions to Variances. Variances are not needed for the following: 1. A nonconforming single or double-dwelling residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1 (e) is allowed to be rebuilt on its same footprint in its entirety (including foundations and decks) in the buffer if the new single or double- dwelling family residential structure meets the following conditions: a) Best management practices are implemented to help protect the wetland as described in Section 7 (Best Management Practices). City staff approves the location and best management practices through the building permit process. b) All other applicable building ordinance requirements are met. 2. A nonconforming manufactured home which is located within a wetland buffer can be replaced with a new manufactured home without approval of a variance as long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subdivision 1(a). 3. Additions to a nonconforming single or double-dwelling family house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland or stream if the following apply: a) Property that is zoned single or double-dwelling residential or is being used as a single or double-dwelling residence. b) There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. c) The house, garage, deck, or driveway is a minimum of twenty-five (25) feet from the wetland or stream edge. d) The process of constructing the addition does not cause degradation of the wetland, stream, or the existing buffer. e) Mitigation actions must be met as specified in Section 5.d. (Mitigation). 17 Section 9. Enforcement. The city reserves the right to inspect the site or property during regular city business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance dl;lring development or construction or alteration pursuant to an approved wetland management worksheet or plan. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance may be charged with a misdemeanor and, upon conviction, shall be subject to punishment in accordance with misdemeanor level convictions as set by State Statute. The violator may be civilly fined and/or liable for restoration costs as well. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city council approved the first reading of this ordinance on November 9, 2009. The city council approved the second reading of this ordinance on Diana Longrie, Mayor Attest: Karen Guilfoile, City Clerk 18 Attachment 2 MEMORANDUM TO: MAPlEWOOD CITY COUNCil FROM: Sharon K. Sandeen DATE: November 9, 2009 RE: Wetlands Ordinance: Incentives for BMP's Over the course of this past summer and into the fall, I worked with City staff to amend the draft Wetland Ordinance for the purpose of (1) addressing the eight issues that were raised by the City Council at its workshop on June 1, 2009 and (2) making the Ordinance clearer and easier for homeowners to read and understand. I believe the resulting draft which is the subject of a First Reading tonight, November 9, 2009, accomplished both goals with one exception: it does not directly address the issue of how the City might provide incentives to property owners to engage in the Best Management Practices (BMP's) as defined in the Ordinance. It is the purpose of this memorandum to give some background and suggestions on the issue of incentives so that it may be fully considered by the Council. As previously explained by City staff, and as explored during several meetings this summer, there are at least two ways to look at the incentive issue: 1. Allow reduced buffer widths as an incentive for storm water best management practices; and 2. Create [other] incentives for the establishment of storm water best management practices that are similar to (and expand upon) existing City programs that encourage rainwater gardens, rain barrels, wetland buffer restoration, etc... The second of the two approaches does not need to be addressed in the Wetlands Ordinance because it is part of what the City does anyway. The second approach does, however, raise questions about whether the City wishes to dedicate additional resources (e.g., in the form of grants, material goods, or technical support) to support more BMP's. In this regard, note that Section 7 of the Draft Ordinance explicitly states that the City encourages BMP's. Also note that the Ordinance sets up a system whereby individuals who wish to restore portions of their buffers to native vegetation will be required to complete a wetland management worksheet that must be approved by City Staff. This will provide an opportunity for City Staff to engage with property owners concerning the issue of BMP's. The question presented by the first of the two incentive approaches listed above is whether there is a better way to encourage BMP's. I believe there is. I believe homeowners can be encouraged to engage in BMP's by being given the ability to reduce their applicable buffer widths. In this regard, keep in mind that the issue of incentives was raised when debate was occurring regarding the appropriate buffer 1 widths. At that time I noted that applicable scientific studies demonstrate that the water quality benefits of wetland and stream buffers diminish greatly after 50 feet. In light of this, there is no question that the potential water quality benefits of BMP's is greater than the marginal water quality benefits that occur on that portion of a buffer that is more than 50 feet away from a wetland or stream. This presents a potential "win-win" solution for homeowners and the City. Homeowners can have fewer restrictions placed on their property and the City can get better storm water management practices. To accomplish the foregoing, I propose that a provision be added to section 7 of the proposed Ordinance which reads: "d. Single-family residential homeowners who live next to Manage A and Manage B wetlands or streams and who engage in BMP's may apply to the City for a reduction of up to twenty-five feet in the buffer width applicable to their property. Such application shall be reviewed by city staff and approved upon a showing that the BMP's result in a significant reduction of storm-water run-off entering the nearby wetland or stream from the applicant's property. The reduced buffer zones will be applicable for so long as the best management practices on which the application is based remain in place." City staff has expressed concern that the foregoing provision will require too much staff time and that it will be difficult to keep track of the properties to which the lesser buffer zones are applicable. The latter issue does not seem insurmountable given that it is mainly a record keeping problem and there are existing analogous situations (such as DNR permits and cost-sharing programs) for which this has not proved to be a problem. Property owners can, and will, share part of this burden by keeping a copy of the applicable approval. The issue of staff time and resources is obviously important, but we have to keep in mind the corresponding benefits to be derived by the City. The City of Maplewood has a storm water problem that is adversely affecting its natural resources and that will require it to spend hundreds of thousands of dollars in the future (if not millions) to fix. The more success the City has in making its citizens a part of the solution, the less the City will have to spend. Although education will go part of the way to encourage BMP's, the fact is that BMP's cost a lot of money to install (I estimate that I have spent over three-thousand dollars on my two rain gardens and associated drain system, not including the cost-share grants I received). Thus, to encourage more, you have to be willing to give more. Lesser buffer widths (i.e., the use of more property without applicable buffer zone restrictions)' are a potential benefit that I think will appeal to many homeowners. Instituting such a program has the added benefit of ameliorating negative reactions toward wide-buffers. Those citizens who complain can be given the option of instituting BMP's in exchange for a lesser buffer width. , Note: Even though the Ordinance is written to allow homeowners to continue many pre-existing uses of their 'property, the institution of buffer zones still imposes several restrictions on use that homeowners may wish to avoid. For instance, non-selective work is not allowed inside a buffer whereas (unless another Ordinance or law applies) it is allowed outside of a buffer. 2 Maplewood's Wetland Ordinance What Property OWners Living Adjacent to Wetlands Should Know. DRAFT 9/23/09 Maplewood's wetland ordinance Maplewood's wetland ordinance is found in Maplewood Code, Article VII, Section 12-310. Wetlands serve beneficial environmental and economic functions. They maintain water quality by filtering pollutants and reducing flooding and erosion, provide food and habitat for wildlife, provide open space for human interaction,and are an integral part of the city's environment. Activity surrounding wetlands may degrade, pollute, or accelerate the aging of wetlands. The information below summarizes the parts ofthe wetland ordinance that are particularly applicable to homeowners. What is a wetland buffer? The buffer zone is the strip of vegetation located between developed land and a lake, stream, or wetland. A good buffer protects the water or wetland, adds beauty, and provides habitat for wildlife. The best buffers have a diverse mix of native or naturalized vegetation. This protects the wetland by stabilizing the shoreline, slowing and filtering runoff, and providing habitat needed for biological processes and plant and animal life. Why does the ordinance restrict activities on naturalized buffers? The ordinance tries to balance the protection of wetlands with the right of private land owners to use their land. The city's goal is to ensure that the quality of buffers and wetlands improves over time, rather than deteriorates. At a minimum, the city does not want to lose any buffers that are currently in native or naturalized vegetation. Thus, buffers with native or naturalized vegetation have restrictions and cannot be changed to lawn or to play areas. The ordinance allows for existing lawn and yards to be used to their full potential as lawns and yards. Residents that are currently mowing lawn to the water's edge may continue to do so; they are encouraged to restore a strip of non- mowed vegetation at the water's edge, but they are not required to do so. Why do I need to fill out a Wetland Management Worksheet to manage my naturalized buffer? Some management activities can inadvertently result in damage to a wetland (ex: erosion, herbicide drift). The ordinance permits some activities that are small scale and unlikely to lead to harm. But a Wetland Management Worksheet and staff approval is required for many activities in buffers with native or naturalized vegetation. The worksheet is intended to help residents understand the potential for damage and make sure the plans for their project have minimized that risk. ACTIVITIES PERMITTED IN THE BVFFER IFBUFFER AREA IS CURRENTLY LAWN OR YARD . The wetland ordinance restricts alteration of the wetland itself. It does not restrict alteration of :buffer areas that are currently [as of date of ordinance] lawn or yard. Homeowners may continue to have these areas in lawn or yard and may make improvements and changes to these areas that are consistent with yard use. For example, a swing set or vegetable garden could be added to an area that is currently lawn, shrubs may be removed, a bufferfly garden could be taken out and planted as lawn. The wetland ordinance does not require that you get permission for altering areas of your buffer that are in lawn or yard. However, other city ordinances and permits may apply for activities such as grading and building walls. Projects that have potential for erosion or will have large areas of bare soil for more than a few days should provide erosion control. If a homeowner would like to restore the buffer to native vegetation they may do so. No permission is needed for areas that are currently lawn or yard. You do not have to fill out the Wetland Management Worksheet. Insert diagram of yard IF THE BUFFER CURRENTLY HAS NATIVE OR NATURALIZED VEGETATION The wetland ordinance restricts activities in buffer areas that are in native or naturalized vegetation. Native vegetation includes plant species that are indigenous to Minnesota and would have existed here prior to European settlement. Naturalized vegetation includes plant species that exist on a site without having been planted. They may be native or non-native. See next page for permitted activities. Insert diagram of yard Activities permitted in naturalized or nath!e buffer:, The following activities are permitted in naturalized or native buffesr and do not require staff approval:> . 1. Selective pruning of trees to enhance health of tree, buffer, or wetland . 2. Removal of dead, dying, diseased or hazardous. trees or limbs (but no vehicles or heavy equipment allowed in the buffer) 3. Selective' removal of saplings <3" in diameter 4. Removal of non-native shrubs, such as buckthorn, if: a. there is little chance Of erosion, and ~ b. site is flat or has only slight slopes, and c. cut and treat method of removal is used on shrubs >)1," diameter (not pulling) 5. Selective' removal of non-native herbaceous vegetation (grasses, flowers,ferns) 6. Selective' planting of native vegetation 7. Installation of temporary fencing without footings 'Selective means a few individual plants or a few small patches of vegetation <3' diameter. Activities in naturalized or native buffer requiring . Residential Wetland Management Worksheet and staff approval The following activities, or others not listed to the left, require a Wetland Management Worksheet with staff approval. Many of these activities will be approved if done in conjunction with restoration or management that leads to enhancement of the buffer andjor wetland health and function. 1. Restoration of buffer to native plants 2. Removal of healthy trees 3. Removal of non-native shrubs (except as indicated in adjacent column) 4. Removal of native shrubs 5. Removal of native or non~native herbaceous vegetation (except state or county listed noxious weeds or indicated in adjacent column) 6. Planting native vegetation (except selective as indicated in adjacent column) 7. Killing existing vegetation in preparation for restoration 8. Installing stonework or retaining walls 9. Using motorized vehicles and heavy equipment 10.Grading or filling 11.1nstalling a trail 12.lnstalling boardwalk or dock 13.Mowing How do I know what my wetland's classification is? A map showing the classification for each Mpalewood wetland can be found on the city website at www.cLmaplewood.mn.us\wetlands. If you do not have web access, or if you have questions about the classifications, contact Maplewood's Community Development and Parks Department at 651-249-2300. What is the buffer width for my wetland? Required buffer width is as follows: Manage A 100' minimum Manage B 75' minimum Manage C 50' minimum Where does the buffer start? The buffer starts at the wetland edge. For existing properties, you can use the high water mark as the wetland edge. Some wetlands dry up during summer so the water's edge is not the wetland edge. In new development the wetland edge will usually need to be delineated by a professional wetland delineator. How do I know if a plant is native? A list of Minnesota native plants is maintained by the University of Minnesota Herbarium and can be accessed at: www.bellmuseum.orgjplantsjmn_flora.html(c1ick on state checklist). The list includes both native and non-native plants. For property owners intending to plant native plants, it is easier to use native plant lists from Minnesota nurseries that specialize in native plants (for example: Prairie Restorations, Inc., landscape Alternatives, or Prairie Moon Nursery.)