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HomeMy WebLinkAbout2010-05-17 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday, May 17, 2010 7 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. March 24, 2010 b. April 19, 2010 5. New Business a. Ramsey-Washington Metro Watershed District Landscape Ecology Awards Program (LEAP) b. Maplewood Tree Program c. Extreme Green Makeover - Request for Judge 6. Unfinished Business a. Alternative Energy Ordinance b. Chickens in Residential Districts 7. Visitor Presentations 8. Commission Presentations a. Sl. Paul Pioneer Press Article - Internet Antenna Proposed for Apple Valley Park (Commissioner Trippler) b. Organized Collection Panel Discussion (Trash Hauling Subcommittee) 9. Staff Presentations a. Update on May 10, 2010, City Council Workshop and Meeting - Organized Collection Discussion, ENR Commission Annual Report, Stormwater Ordinance, Flood Plain Ordinance, and Recycling Request for Proposal b. Recycling Contract Proposal Review Committee c. ENR Subcommittee Update d. Waterfest (May 22) e. Time or Date Change for June 21, 2010, ENR Meeting Due to Special City Council Meeting (Possible New Start Times - 4 or 5 p.m.; Possible New Dates - Wed. June 23, Thurs. June 24) f. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a DRAFT MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 5:30 p.m. (Goal Setting Session) 7:00 p.m. (Regular Meeting) Wednesday, March 24, 2010 Council Chambers, City Hall 1830 County Road BEast 1. GOAL SETTING (5:30 to 6:30 p.m.) The Environmental and Natural Resources Commission held a meeting to discuss the commission's goals for 2010. During the meeting it was decided that the three main goals the commission would focus on in 2010 would be organized trash hauling, greenways, and neighborhood environmental groups. 2. REGULAR MEETING (7 p.m.) A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order for the regular meeting at 7:02 p.m. by Chair Mason Sherrill. B. ROLL CALL Carol Mason Sherrill, Chair Randee Edmundson, Commissioner Judith Johannessen, Commissioner Carole Lynne, Commissioner Bill Schreiner, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Present Present Present Present Present Present Absent Staff Present Shann Finwall, Environmental Planner Ginny Gaynor, Natural Resources Coordinator Michael Thompson, City Engineer, Deputy Public Works Director Steve love, Assistant City Engineer Bill Preiffer, Recycling Coordinator C. APPROVAL OF AGENDA Commissioner Schreiner moved to approve the aqenda as submitted. Seconded by Commissioner Trippler. Ayes-All The motion passed. March 24, 2010 Environmental and Natural Resources Commission Meeting Minutes 1 D. APPROVAL OF MINUTES Commissioner Trippler moved to approve the February 24. 2010. Environmental and Natural Resources Commission meetinq minutes as submitted. Seconded by Commissioner Johannessen. Ayes - Chair Mason Sherrill, Commissioner's Edmundson, Johannessen, Lynne, & Trippler Abstention -Commissioner Schreiner The motion passed. E. NEW BUSINESS 1. Election of Chair and Vice Chair Chair Mason Sherrill moved to table the election of Chair and Vice Chair until all commissioners were present. Seconded by Commissioner Schreiner. Ayes - Chair Mason Sherrill, Commissioners Johannessen, & Schreiner Navs - Commissioners Lynne & Trippler Abstention - Commissioner Edmundson The motion to table passed. F. UNFINISHED BUSINESS 1. Recycling Contract Request For Proposal a. Environmental Planner, Shann Finwall gave an update and answered questions of the commission. b. Jean Buckley, Ramsey County, addressed the commission. c. Mary Chamberlain, R.W. Beck addressed and answered questions of the commission. d. Christopher Goodwin, Director of Customer Service, Eureka Recycling addressed and answered questions of the commission. Some issues that were mentioned by the commission were: a. Can there be recycling containers and services in parks? b. They would like to see something in the contract that limits the size of the truck and gross weight limitation. c. Could there be recycling containers with wheels or wheel kits? d. Do multi-family buildings have the option of using the recycling program? e. Make sure to indicate and identify who gets the RFP at the city. The commission recommended changes to the RFP. Ms. Chamberlain will make the revisions and staff will bring it back to the Environmental & Natural Resources Commission for final approval and recommendation to the city council. March 24, 2010 Environmental and Natural Resources Commission Meeting Minutes 2 2. Chickens In Residential Zoning Districts a. Environmental Planner, Shann Finwall gave an update and answered questions of the commission. Some issues that were mentioned by the commission were: a. the number of acres or amount of space you have to house the chickens b. the coop or living quarters c. not allowing slaughtering on the property d. loose chickens, fining the owner of the chickens that got loose e. noise f. odors g. temperature control h. running electricity to the shelter 1. Mike Gervais, 2420 Hazelwood Street, Maplewood addressed the commission about chickens. He has built chicken coops for friends. He stated the chickens need straw and a 100 watt light bulb to heat the chicken coop. He is in favor of allowing chickens in residential areas. The draft ordinance will be revised and brought back to the Environmental & Natural Resources Commission in April. 3. Stormwater Ordinance a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the commission. b. Environmental Planner, Shann Finwall briefly addressed the commission. The commission discussed using trees as a means of stormwater issues. Commissioner Trippler moved to recommend approval of the stormwater ordinance. Seconded by Commissioner Schreiner. Ayes - All The motion passed. 4. Flood Plain Ordinance a. Assistant City Engineer, Steve Love gave the report and answered questions of the commission. Commissioner Trippler moved to recommend approval of the Flood Plain Ordinance. Seconded by Commissioner Schreiner. Ayes-All The motion passed. G. VISITOR PRESENTATIONS None. H. COMMISSION PRESENTATIONS a. Commissioner Trippler read aloud an article dated March 19, 2010, printed in the St. Paul Pioneer Press regarding for the sixth consecutive year 3M Company has been named a winner of the energy star award for its energy conservation efforts which in 2009 saved March 24, 2010 Environmental and Natural Resources Commission Meeting Minutes 3 approximately 1.3 trillion BTU's across operations in 65 countries. 3M Company deserves a round of thanks for trying to be energy efficient as possible. I. STAFF PRESENTATIONS 1. Spring Clean Up (April 24, 2010) a. Environmental Planner, Shann Finwall reminded everyone that the spring clean up is at Aldrich Arena from 8 a.m. to 1 p.m. The city would appreciate commission volunteers for this event. 2. Maplewood Nature Center Programs a. Environmental Planner, Shann Finwall mentioned some of the programs at the Maplewood Nature Center. More information can be found on the city's website or call the Maplewood Nature Center for further information. 3. Commission Term Expiration Dates a. Environmental Planner, Shann Finwall discussed the proposed altering term expiration dates for commissions. The Environmental and Natural Resources Commission terms will expire September 30th of the year rather than December 31. J. ADJOURNMENT Chair Mason Sherrill adjourned the meeting at 9:50 p.m. March 24, 2010 Environmental and Natural Resources Commission Meeting Minutes 4 Agenda Item 4.b DRAFT MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, April 19, 2010 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 7:01 p.m. by Chair Mason Sherrill. B. ROLL CALL Carol Mason Sherrill, Chair Randee Edmondson, Commissioner Judith Johannessen, Commissioner Carole Lynne, Commissioner Bill Schreiner, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Present Present Present Present Present Present Present Staff Present Shann Finwall, Environmental Planner Bill Priefer, Recycling Coordinator Kathleen Juenemann, City Council member and Liaison C. APPROVAL OF AGENDA Staff added "Solid Waste Panel Discussion" under Staff Presentations. Commissioner Yingling added "Mississippi Critical Area" under Commission Presentations. Commissioner Lynne added "Aesthetic Value with the Alternative Energy Ordinance" under Commission Presentations. Commissioner Trippler moved to approve the aqenda as amended. Seconded by Commissioner Schreiner. Ayes - All The motion passed. D. APPROVAL OF MINUTES Commissioner Schreiner had a correction under 13. Commissioner Terms eliminate the word "not" expire. Commissioner Trippler stated he wants the ENR minutes to be more detailed. April 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 1 Commissioner Trippler moved to table the March 24. 2010. Environmental and Natural Resources Commission meetinq minutes so that the minutes can be further hiqhliqhted to include more details. Seconded by Commissioner Lynne. Ayes - Chair Mason Sherrill, Commissioners Edmundson, Johannessen, Lynne, Schreiner, & Trippler Abstention - Commissioner Yingling The motion passed. E. NEW BUSINESS 1. Oath of Office a. Environmental Planner, Shann Finwall swore in the commissioners and they signed the Oath of Office form. 2. Election of Chair and Vice Chair a. Environmental Planner, Shann Finwall gave a brief report regarding electing a chair and vice chair for 2010. For the position of chair, Commissioner Johannessen nominated Commissioner Mason Sherrill, seconded by Commissioner Schreiner. Commissioner Schreiner nominated Commissioner Trippler, seconded by Commissioner Yingling. A vote was taken and Commission Trippler obtained five votes and Commission Mason Sherrill obtained two votes. Commissioner Trippler is the new chair for the Environmental and Natural Resources Commission for 2010. For the position of vice chair, Commissioner Schreiner nominated Commission Mason Sherrill and Commissioner Yingling nominated Commission Schreiner. A vote was taken and Commissioner Schreiner obtained four votes and Commissioner Mason Sherrill obtained three votes. Commissioner Schreiner is the new vice chair for the commission for 2010. Chairperson Mason Sherrill turned her chair responsibilities over to Commissioner Trippler who took over as chair. 3. Annual Report a. Environmental Planner, Shann Finwall gave the report on the 2009 ENR Annual Report. The commissioners asked questions regarding the annual report and suggested changes to the report before it goes to the city council. Changes include verifying term limit dates and adding additional information to three of the agenda items the commission reviewed in 2009 including Silver Lake Herbicide Treatment Funding, Emerald Ash Borer, and University of Minnesota Study on Maplewood's Tree Policies. Commissioner Johannessen moved to approve the 2009 Annual Report with the revisions. Seconded by Commissioner Schreiner. Ayes - All The motion passed. April 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 2 F. UNFINISHED BUSINESS 1. Recycling Contract Request for Proposal a. Environmental Planner, Shann Finwall gave the report on the recycling contract request for proposal. This is the third review of the RFP by the commission. b. Recycling Coordinator, Bill Priefer answered questions of the commission regarding the recycling contract. c. Mary Chamberlain with R.W. Beck addressed the commission and answered questions of the commission. d. Council Liaison, Kathleen Juenemann addressed the commission regarding the recycling RFP. The commission recommended a few additional changes having to do with how the point system for reviewing proposal is distributed and weight limits for recycling vehicles. Ms. Chamberlain noted the changes to be made to the RFP, which goes to the city council for final review in May. Commissioner Yingling moved to approve the recvclinq contract RFP as amended. Seconded by Commissioner Johannessen. Ayes - All The motion passed. 2. Alternative Energy Ordinance a. Environmental Planner, Shann Finwall gave the report regarding the alternative energy ordinance and answered questions of the commission. b. George Johnson, Senior Scientist with SEH in Vadnais Heights, addressed and answered questions of the commission. The commission discussed various issues regarding alternative energy sources such as the aesthetics of wind turbines, roof- top technology, community wind turbines, and the affect wind turbines would have on a neighborhood. Staff will bring this back to the commission in May. 3. Chickens in Residential Zoning Districts a. Environmental Planner, Shann Finwall gave an update on the proposed ordinance to allow chickens in residential zoning districts and answered questions of the commission. b. George Johnson, with SEH in Vadnais Heights, answered questions of the commission regarding the impacts of chickens in residential zoning districts. Mr. Johnson was a St. Paul Planning Commission during that city's adoption of a similar ordinance. The commission discussed concerns with the ordinance and issues with having chickens in residential areas. The commission discussed if they should continue to review this ordinance. It was determined that there is support for such an ordinance and they should continue the review. Staff will modify the draft ordinance based on the commission's comments and bring it back for further review in May. G. VISITOR PRESENTATIONS None. April 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 3 H. COMMISSION PRESENTATIONS 1. Mississippi Critical Area Commissioner Yingling said she attended the first orientation meeting of the DNR Task Force on the Mississippi River Corridor Critical Area Rule Making Process. The next meeting is to be held at the end of June. Commissioner Yingling will bring further information back to the ENR at that time. 2. Aesthetic Value with the Alternative Energy Ordinance Commissioner Lynne stated she had been thinking of the wind turbine in North St .Paul and she wondered what type of aesthetic impacts wind turbines would have in Maplewood. Commissioner Lynne shared pictures of her neighborhood with the various utility and electric poles, and the aesthetic impacts those have. The commission needs to ensure the aesthetic issues are addressed with such an ordinance. I. STAFF PRESENTATIONS 1. Environmental and Natural Resources Commission 2010 Goals a. Environmental Planner, Shann Finwall discussed implementation strategies for the ENR Commission 2010 Goals. Chairperson Trippler asked commission members who wanted to volunteer to work on subcommittees for each goal. Trash Haulinq: Commissioner's Lynne, Schreiner, and Chair Trippler Greenwavs: Commissioner's Yingling and Johannessen, and Chair Trippler Neiqhborhood Environmental Groups: Commissioner's Mason Sherrill, Edmundson, and Johannessen Commissioner Schreiner moved to approve forminq subcommittees for 2010 to work on trash haulinq. qreenwavs and neiqhborhood environmental qroups as part of the qoals for 2010. Seconded by Commissioner Yingling. Ayes - All The motion passed. 2. Spring Clean-Up Day (April 24) a. Environmental Planner, Shann Finwall stated that the spring clean-up is Saturday, April 24, 2010, at Aldrich Arena from 8 a.m. to 1 p.m. Staff is looking for volunteers to handout recycling handouts and other materials. Staff went over the fees that would be charged as a Maplewood resident bringing items to the spring clean up event. 3. Rainbarrel and Compost Bin Sale (May 1) a. Environmental Planner, Shann Finwall said the rainbarrel and compost bin sale is Saturday, May 1, 2010, at Central Park 2555 Dale Street in Roseville. The fee is $45 for the compost bins and $55 for the rainbarrel. The Maplewood Nature Center is sponsoring this event and is looking for volunteers. 4. Waterfest (May 22) a. Environmental Planner, Shann Finwall said Waterfest is sponsored by the Ramsey Washington Watershed District and is held Saturday, May 22,2010, from 10 a.m. to 2 p.m. at Lake Phalen. The Maplewood Nature Center will have a booth's for live animals, the extreme green makeover event, and for tree care. April 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 4 5. Maplewood Nature Center Programs a. Environmental Planner, Shann Finwall said there is a "Treemendous" celebration, Saturday, May 1,2010, from 2 p.m. to 4 p.m. at the Maplewood Nature Center, 2659 East 7th Street. You can take home a tree seedling, learn about tree care and taste tree treats. 6. Solid Waste Panel Discussion a. Environmental Planner, Shann Finwall said the City Planner with the City of Golden Valley is hosting a Solid Waste Panel Discussion which will be held for commissions in the twin cities which is held Monday, April 26, 2010, from 7 to 8:30 p.m. Chair Trippler stated he planned to attend the event. J. ADJOURNMENT Chair Trippler adjourned the meeting at 9:52 p.m. April 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 5 Agenda Item 5.a. MEMORANDUM DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Ramsey-Washington Metro Watershed District Landscape Ecology Awards Program May 12, 2010 for the May 17 ENR Commission Meeting TO: FROM: SUBJECT: The Landscape Ecology Awards Program (LEAP) recognizes landowners in the Ramsey-Washington Metro Watershed District (RWMWD) for the use of management practices on their property that preserves and improves water quality and natural resources. Nominations for this year's LEAP awards will be accepted until July 1, 2010, with winners selected in mid-September. Mark Gernes, Maplewood resident and member of the RWMWD Watershed Advisory Commission, will be present during the May 12 ENR Commission meeting to discuss the program. Mr. Gernes has supplied the commission with the attached LEAP documents for review including a LEAP background, nomination form, and application form. Attachments: RWMWD LEAP Background, LEAP Nomination Form, LEAP Application Form Ramsey-Washington Metro IJftft.~~ District WWbP~@ ad . Landscape Ecology Awards pJrogram Nominate a property (yours or others) for a LEAP Award! LEAP Awards recognize those who help preserve and improve water quality through ecologically responsible yard/property landscaping practices. . Easy to apply! . Win great prizes. Learn More About this Exciting Program: What is the Program About? The Landscape Ecology Awards Program recognizes landowners within the Ramsey-Washington Metro Watershed District, including private residences as well as public and commercial properties, who use good management practices to preserve and improve water quality and natural resources. Examples of these practices include the use of native plants in landscaping, rain gardens for stormwater infiltration, rain barrels, creation of vegetated buffers around lakes, ponds and wetlands, and limited use of fertilizers and pesticides, How Do I Nominate Myself or Someone Else? Nominate an entire property or a single project. Simply fill out both the attached nomination and application forms to enter your property or project. It should only take a short time to complete! Please attach photos of your property or project with your application. You can also nominate a property belonging to a friend, neighbor, business, school or city - just fill out and submit the short nomination form only. It will take just a minute or two. Who is Eligible to Apply? Properties must be located within the Ramsey-Washington Metro Watershed District Boundaries. To see a district map go to www.rwmwd.orq or call 651.792.7950 for assistance. What Prizes Wiff Winners Receive? Winners will receive a $25 gift certificate for native plants, an excellent local native landscaping reference book, an attractive sign to be placed on their property, a plaque, and recognition at an awards ceremony, in local newspapers and on the Watershed District's website. How are Sites Judged? Properties and projects are ranked on how well they have incorporated the use of good management practices on their property (read more under "What is This Program About"). Important Dates: Application Deadline: July 1st Winners selected: Mid-September How Do I Submit My Completed Form? Download and e-mail form(s) to: shelly@rwmwd.ora or mail printed form(s) to: Ramsey-Washington Metro Watershed District c/o Landscape Ecology Awards Program 2665 Noel Drive Little Canada, MN 55117 651-792-7950 For forms and more information on this program, or other informational resources, visit the Watershed District's website, www.rwmwd.ora and click on the short-cut to LEAP Awards. Ramsey~Washington Metro ~DlSlrict 'l~~. Landscape Ecology Awards Program Nomination Form Please fill out the information in the appropriate box below and e-mail to shelly@rwmwd.org or mail to: Ramsey-Washington Metro Watershed District c/o LEAP 2665 Noel Drive Little Canada, MN 55117 Questions: 651-792-7950 I am nominating someone other than myself: My Name: My Address: City: Zip Code: Phone: Nominee/Landowner's Name (if known): Landowner's Address (required): City: Zip Code: Phone (if known): Which category best describes the site? D Residence D Commercial/Public D Other (please specify) What is being nominated? D The entire site (e.g.: yard, school) D Specific project (e.g.: rain garden, pervious parking lot, etc.) Please specify the type of project. What impresses you about the site? Is the person/organization being nominated aware of this nomination? DYes D No Stop here and submit this form to the Watershed District. Thank you for your nomination! I am nominating my property or project: My Name: My Address: City: Zip Code: Phone: e-mail address: Which category best describes the site? D Residence D Commercial/Public D Other (please specify) What is being nominated? D The entire site (e.g.: yard, school) D Specific project (e.g.: rain garden, pervious parking lot, etc.) Please specify the type of project. If you are nominating yourself, also complete the LEAP application that follows and submit it along with this form and photos of your property or project to the Watershed. Thank you! Ramsey-Washington Metro ~istrjct ~'i~~. Landscape Ecology Awards Program Application Form 1. What land stewardship goals do you have for your property? o Preserve or create native woodland, wetland or prairie o Attract wildlife (butterfly garden, etc.) o Establish rain garden o Reduce erosion o Reduce maintenance costs o Reduce the amount of impervious surface, hard surface (rooftops, driveway, sidewalks) o Other 2. Give the size of your property and approximate percentage of: Size of site (if known) % Natural areas % Gardens % Lawn % Hard surfaces % Other 3. How long ago did you begin to implement land stewardship practices on your property? _ years 4. Check all of the good management practices you use in handling your grass clippings. o Compost your grass clippings o Mulch your grass clippings o Keep clippings off hard surfaces o Don't cut grass lower than 3 inches in the summer o Other 5. How often do you water/irrigate? o Only as necessary o On a routine schedule 6. How do you manage fallen leaves? (Check all that apply) Learn More... Mulching is the process of grinding leaves into small pieces that can either be left in place, composted, or placed as mulch around plants in gardens or landscape plantings to deter weed growth and retain moisture. When composting leaves, select a site away from your lake, wetland or impervious surfaces to prevent nutrients from running off into surface waters. o Mulch leaves and o Leave them in place o Move and use them in a garden or landscape planting on your property o Compost the leaves o On site o County compost site o Let leaves lie on natural area o Collect leaves and remove them from your property o Rake and compost your leaves as soon as they fall (multiple times) o Refrain from raking leaves into street o Clear leaves from gutters 7. Describe your fertilizer use on your lawn. (Check all that apply) o No fertilizer is used o Organic fertilizer is used o Only phosphorous free fertilizer is used because local soils are high in phosphorus o Fertilizer that contains phosphorous is used. If you checked this item, have you completed a soil test of your lawn indicating that phosphorous is needed? DYes 0 No o Fertilizer is swept from all hard surfaces (driveway, sidewalks and streets) following application. If fertilizer is used, what is the number on the bag? (e.g., 10"0-10): _-_-_ 8. Describe the use of herbicides/ insecticides on your property. (Check all that apply) o No herbicides/insecticides are used o Natural/alternative methods of control are used o Herbicides are applied o Spot treatment 0 Site-wide Chemicai/brand name: o Insecticides are applied o Spot treatment 0 Site-wide Chemical/brand name: o Herbicides/insecticides are kept from all hard surfaces during application 9. Check all of the ways you manage runoff from your property. Learn More... Runoff is excess water that washes the grass clippings, leaves, fertilizer and other pollutants from lawns, sidewalks, and driveways into our lakes and wetlands. o Reduced the amount of hard surfaces by: o Use rain barrels or cistern o Created a rain garden o Created a detention pond o Direct downspouts onto the lawn o Aerate the lawn o Buiiding has a green roof (e.g., sod or prairie grasses) o Other 10. Do you have a steep slope on your property? o No o Yes. Check all of the ways your landscape design helps reduce runoff: o Swale at base of slope o Deep rooted native plants on slope o Other 11. Does your property border water? o No o Yes, my property has _ feet of shoreline that can be described as: o A buffer of plants between the water and turf o Turf all the way to the water o Rip-rap or rock used to control erosion along the shore o Sand beach to the water 12. Approximately what % of the plants used in your landscaping or project are native to Minnesota? Learn More... Landscaping with native plants improves our local ecosystem. Native plants are adapted to our environment and climate and are tolerant of drought (so there's no need for excessive watering) and tough winters. They are adapted to our soils and, thus, don't need fertilizers or insecticides. This means less maintenance for you. And, because native plants have deeper root systems, they accommodate water infiltration, which in turn, reduces runoff. Finally, native plants also provide habitat for wildlife. \........................................................................................ % that are native to MN Not sure Please list some of the plants that grow on your property (attachments are fine): 13. What invasive non-native plants have you removed from your property? Learn More... Invasive non-native plants crowd out and destroy beneficial native plants. Even a few plants on private property can set seed and these seeds may travel to public open spaces and natural areas. Resources at: www.rwmwd.ora o Amur maple 0 Honeysuckle o Birdsfoot trefoil 0 Purple loosestrife o Black locust 0 Reed canary grass o Buckthorn 0 Ribbon grass o Canada thistle 0 Russian olive o Crown vetch 0 Siberian/Chinese elm o Garlic Mustard 0 Spotted knapweed o Other What removal technique did you use? o Hand pulling o Mechanical (chain saw) o Herbicide o Other Property Owner/Contact Person: Address: 14. Have you removed and replaced any lawn with other types of plantings? o No o Yes. Please describe: 15. Do you have any existing natural habitats that you are protecting or enhancing? o No DYes o Prairie o Forest o Lake/Pond/Stream o Wetland o Other 16. What unique wildlife species visit your property? 17. Please share some of the benefits you are seeing as a result of your land stewardship practices. City: Zip Code: Phone (if known): Submit your completed application form and photos of your property or project to: e-mail to: shelly@rwmwd.ora or mail to: Ramsey-Washington Metro Watershed District c/o Landscape Ecology Awards Program 2665 Noel Drive Little Canada, MN 55117 651-792-7950 Thank you for applying for a LEAP award! We look forward to reading your application! Agenda Item S.b MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Ginny Gaynor, Natural Resources Coordinator DATE: May 10, 2010 RE: Update on Tree Program Background Maplewood's Tree Program encompasses several activities. Staff will present an update on the tree program at the Mav 17, 2010 Environmental and Natural Resources (ENR) Commission meeting and answer questions. Discussion Tree Disease Program. Maplewood has hired Andrew Hovland as Maplewood's tree inspector for 2010, Mr. Hovland will inspect trees on public and private lands for Dutch elm disease and oak wilt. Trees with Dutch elm disease are condemned and must be removed within 20 davs of notification, Trees with oak wilt are marked in summer and fall and those likely to produce spore mats in spring are condemned in February. Residents are required to remove condemned oak by mid-March. Mr. Hovland will respond to questions about emerald ash borer (EAB) via phone and visit sites that have svmptoms consistent with EAB (not every declining ash tree has EAB symptoms). If EAB is found in Maplewood this year, the citV will need to significantly increase hours devoted to EAB. The Minnesota Department of Agriculture is placing 150 EAB traps in Ramsev County and will place some traps at Maplewood parks and open space sites. Residents that suspect theV have a tree with one of the above diseases should call Maplewood's Disease Tree Hotline at 651-249-2177 and leave a message, Emerald Ash Borer Plan. Mr. Hovland will assist the city in developing an EAB plan. ENR and Parks Commissions have both expressed an interest in participating, The tentative schedule for plan development is as follows: August - Joint commissions meeting: EAB basics and management options Sept - Tree inventory data completed Sept - Contractor and staff draft management plan Early October - Joint commission meeting: Review and discuss draft plan Mid-October - Commissions make recommendation Late October - Plan submitted to council Commissioner Mason Sherrill has requested the opportunity to participate in the EAB planning meetings between staff and contractor, and staff will notify her of these meetings. Tree Inventory. State agencies recommend that the first step in developing a plan for EAB is to conduct a tree Inventory, In addition to helping determine an EAB strategy, a tree inventory provides crucial data for managing our urban forest. The city received bids for inventory of boulevard and park trees, but does not have adequate funding to do a complete inventory in 2010. It is important to have some data to develop a realistic EAB plan, so the city will collect preliminary inventory data in 2010, with the hope of funding its completion in 2011. S&S Tree Service is being hired to inventory trees in manicured areas of parks, and staff will devote time this summer to beginning an inventory of boulevard trees. Removal of Dead, Diseased or Hazard Trees. Our parks and public works crews remove dead, dying, or hazard trees on citv lands, including boulevards. If residents have a boulevard tree that needs removal thev can leave a message on the Tree Disease Hotline or call public works or parks maintenance, Tree City USA. Maplewood has participated in Tree City USA in prior years. We have been notified that we can still apply for the 2010 vear and staff is pursing this. To qualify a city must: 1) Have a tree board or department (ENR serves in this capacity), 2) have a tree ordinance, 3) Have a tree program with a minimum budget of $2 per capita annually, and 4) hold an arbor daV event. The program requires annual recertification, Information on Tree City USA is available at www.arbordav.org. Buckthorn RemovaL Maplewood Nature Center provides educational programs on buckthorn removal and provides a weed-wrench loan program. Residents that have questions about buckthorn identification and management can bring samples to the Nature Center and talk to a naturalist. Participation in Maplewood's curbside buckthorn removal program has waned over the past few years and staff is evaluating whether to continue this program. The program offers curbside pickup to anv neighborhood or block that has at least three homes removing buckthorn. Buckthorn removal will be conducted on at least one Maplewood park or open space site in 2010. Tree Planting. The citV replaces trees removed during street reconstruction projects and for the past two years has been doing an annual fall tree planting project. In 2008, volunteers planted 50 trees near the Public Works parking lot, In 2009, volunteers planted 50 trees at Spoon lake basin. In 2010, a tree planting is planned for lion's Park as part of the park renovation. After the city completes its tree inventory, staff would like to develop a plan for tree planting and replacement. Tree Purchase Rebate Program. In 2008 the city initiated a Tree Purchase Rebate Program. This is a cost share program established to support residents in planting trees on private property. The program was very popular with residents in 2008 and 2009 and is being offered again 2010. Details are available on-line at www.cLmaplewood.mn.us/trees. Big Tree Registry. With the help of several Tree Care Advisors and Master Naturalist volunteers, the city has created a Big Tree Registry program to catalog large trees in the city. There are 18 trees in the city's registry so far. Residents can submit an online form nominating their tree and our volunteer corps will go out and measure it. If it's large enough we add the tree to the registry. Residents can also then compare their city champ to the state champions on the Minnesota state registry. Educational Events and Programs. The Maplewood Nature Center offers many programs related to trees. A special "Tree-Mendous" celebration was held on May 1 in honor of Arbor Day and to celebrate Maplewood's state champion pin oak, About 60 people braved the windy weather to attend the event. Free sugar maple and red oak seedlings were given to participants, manv information handouts were available including tree disease, tree rebate program, how to plant a tree, and Big Tree registry. The city's tree inspector, Andv Hovland, was on hand to answer questions. A special ceremony (written and emceed bV volunteer Dan Sadoff) was conducted at the naming of the state champion Pin Oak - officiallv named "Kingpin" and affectionately known as "Pin-Oakeeo". GTN cable was there to video the demonstration tree planting, folks riding in the tree bucket and the naming ceremonv. Carol Mason Sherrill, Environmental and Natural Resources Commissioner, volunteered her time to help naturalists plan the event and assisted at the various stations. Recommendation This update is provided for information and discussion, No action is required. 2 Agenda Item 5.c MEMO To: Community Design Review Board (CDRB) Environmental and Natural Resources (ENR) Commission Parks and Recreation Commission From: Ann Hutchinson, Lead Naturalist cc: Virginia Gaynor, Natural Resources Coordinator Date: 5/12/2010 Re: Extreme Green Makeover - Request for Judge BACKGROUND In 2010, the City of Maplewood, in partnership with Ramsey-Washington Metro Watershed District (RWMWD) and the Ramsey County Library, launched the Extreme Green Makeover.' Transforming Yards for a Sustainable Maplewood. The goal of this project is to raise public awareness and increase the use of sustainable landscaping practices in our community. An educational series will teach residents how to create landscapes that benefit both people and the environment. One lucky resident will win a $15,000 yard makeover! DISCUSSION Education Series The education series will give participants the knowledge to implement GREEN landscaping practices in their yards. Educational activities include: . Classes and demonstrations covering rain gardens, low input lawn care, design, native plantings, rain barrels, and composting. . Tours of natural areas, rain gardens, and native plantings. . Project website with information on GREEN landscaping. . GREEN landscaping display at Ramsey County Library-Maplewood. . News campaign with press releases for each event and educational pieces. . Video of the Extreme Green Makeover highlighting the design and installation process. The Makeover One Maplewood homeowner will be awarded a $15,000 front-yard makeover that features GREEN landscaping principles. Interested residents will submit an application and photos of their yard. A panel of judges will review applications according to criteria such as site visibility and compatibility of homeowner goals with GREEN landscaping principles. The new landscape will integrate features such as a driveway trench drain, rain garden, native landscaping, and rain barrels. Maplewood's Extreme Green Makeover will yield a design that demonstrates innovative solutions to address the environmental issues on site. The Makeover Team will include a project manager, landscape designer, landscape contractor, the homeowner, and a staff representative from Maplewood and RWMWD. The contractor will hire and manage any subcontractors needed. Volunteers will not be used to implement the makeover. The Makeover is a take-off on the Extreme Home Makeover television series. We hope to model certain elements from the TV show in the yard makeover, such as using video to interview the final contestants, to announce the winner, and take before-during-after shots of the makeover. RECOMMENDATION Participants Needed for the Extreme Green Makeover Judging Panel One judge is needed from the Commissions to be on the Extreme Green Makeover selection committee. There will be seven people total on the committee including nature center staff, watershed district volunteers and staff, and one member each from the CDRB, ENR, and Parks. Judges need to be available on the following dates for making site visits and reviewing applications (the deadline for turning in applications is June 25'"): . Wed., July 14: 5-8 pm - Review applications at MNC, light supper . Thurs., July 15: 5-8 pm - Site visits with judges . Mon., July 19: 3-6:30 pm - Site visits with judges . Tues. and Wed., July 27 and 28: evening - Final interviews We hope to notify the finalists by July 23 and interview finalists on July 28 or 29. We will announce the winner on August 2, 2010. Summary Staff requests that one commissioner from each of the three commissions volunteer or be nominated by the full commission to participate in the judging of the Extreme Green Makeover Contest. Your assistance in this important program is appreciated. 2 Agenda Item 6.a MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwali, AICP, Environmental Planner Alternative Energy Ordinance May 13, 2010 for the May 17 ENR Commission Meeting BACKGROUND Last year the Environmental and Natural Resources Commission began reviewing the benefits and negative aspects of wind turbines. The city had received a few inquiries about the installation of wind turbines on commercial, school, and residential properties. The city does not have an ordinance which would allow the installation of wind turbines. The city does have a tower ordinance which allows for the installation of cell towers with approval of a conditional use permit. This ordinance was adopted to address the cell phone technology ten years ago, but could be interpreted to allow for wind "towers" as well. On September 21,2010, the commission reviewed a model wind tower turbine ordinance created by the American Wind Energy Association. It was determined at that time that the city should expand the wind turbine ordinance to include other alternative energy sources. On April 19, 2010, the commission reviewed two model alternative energy ordinances drafted by CR Planning including the Solar Energy Standards and Model Wind Energy ordinances. CR Planning is a firm that provides consultant services in the areas of sustainable development and zoning and land use ordinances. The solar energy standards ordinance was based primarily on a model ordinance created for Solar Minnesota, under a Million Solar Roofs grant from the U.S. Department of Energy. The wind energy ordinance was based primarily on the model ordinance for county governments created in 2005 by the Clean Energy Resource Teams and the Minnesota Project. During review of these ordinances, the commission posed the following questions/comments: 1. In Iceland and other European countries they promote community wind? 2. A good use of wind would be a community joining together to put up a community wind turbine. 3, Are there any government incentives for wind? 4. What is the life expectancy of a wind turbine? 5. There is nothing in the model ordinances about maintenance and repair of the turbines. 6. What about the noise levels for neighborhood wind turbines? 7. Noise for turbines should meet MPCA guidelines. 8. The noise from a turbine might not be as bad as the noise from central air conditioners. 9. What about the resale of property if a neighbor puts up a turbine? 10. The ordinance should address flicker issues. 11. Are the residential turbines that are installed on roofs efficient? 12. With the European countries promoting community wind, does that include rooftop wind? 13. Maplewood's ordinance should address aesthetics of turbines. DISCUSSION The city adopted an energy efficiency and conservation strategy in December 2009. The strategy was required as part of the city's energy efficiency conservation block grant. One of the purposes of the strategy was to help establish policies and priorities to move Maplewood in the direction of improved long-term operational energy efficiency. Implementation of the strategy includes the adoption of energy policies that will ensure achievement of the city's energy goals. The alternative energy ordinance, which will assist in the promotion of alternative energy sources throughout the city, will help Maplewood meet that goal. George Johnson, senior scientist with Short Elliot Hendrickson (SEH), will be assisting the ENR Commission and staff on the drafting of an alternative energy ordinance from this point forward. Mr. Johnson also assisted the city on the creation of the energy strategy. To continue discussions of a proposed alternative energy ordinance, Mr. Johnson has drafted a background and rationale document (Attachment 1) and a model alternative energy ordinance (Attachment 2). RECOMMENDATIONS Review the attached documents. Be prepared to discuss the issues during the May 17, 2010, Environmental and Natural Resources Commission meeting. In particular, be prepared to discuss these questions: Should Maplewood.... 1. Limit size (power or height) of wind turbines? 2. Allow wind turbines in some or all zoning classifications? 3. Allow aggregated systems? 4. Encourage alternative energy by establishing overlay districts? 5. Restrict any areas of the city from wind development? 6. Limit size (power or height) of solar systems? 7. Allow solar energy systems in some or all zoning classifications? 8. Allow aggregated systems? 9. Encourage alternative energy by establishing overlay districts? 10. Restrict any areas of the city from solar development? 11. Consider special aesthetic considerations for wind or solar systems? Attachments: 1. Background and Rationale 2. Draft Alternative Energy Ordinance 2 Attaclunent 1 Background and Rationale for Maplewood Alternative Energy Ordinance Prepared by George Johnson, Senior Scientist with Short, Elliott and Hendrickson May 12, 2010 INTRODUCTION There are an increasing number of alternative energy systems becoming available to the general public. As the options increase, local units of government will be confronted with the interest of businesses and residences to install this equipment. The need to promote sustainability must be balanced with the existing zoning and land use regulations of the local governmental unit. This document and the accompanying draft ordinance will address primarily wind and solar energy conversion systems. The State of Minnesota has regulatory authority over large and medium energy systems, Generally speaking, cities and towns will be responsible for regulating the smaller systems. This background paper covers systems of all sizes and provides general information. Maplewood will likely consider only the smallest energy conversion systems. The background and rationale information in tlus document that are most directly applicable to Maplewood are highlighted. WIND The growth in the number of wind energy conversion systems (WECS) in Minnesota over the last 15 years is a remarkable sustainability initiative. But WECS have impacts on other land uses that are found in areas of wind resources, including residential homes, some agriculture, natural resources, and community character. During the 1990's, several counties in M1nnesota adopted wind ordinances to address the land use conflicts of local wind development. As the popularity of wind energy increased, and as the cost dropped to the point of being cost-competitive with other sources of electric power, an increasing number of local governments found themselves trying to address proposed WECS without the proper policies or zoning tools in place. Cities have now begun to address these issues as urban residents and businesses start looking for opportunities to improve sustainability and energy independence. In order to address the issues associated with WECS, local governments must understand that WECS come in many different sizes and designs, with dramatically different impacts on, and benefits to, the community. The first distinction communities need to make in addressing WECS in their development regulations is between systems that are primarily designed as electric power generators for utility systems or wholesale power markets, and those systems that are designed primarily to provide power to a single residence or business. The former use (i.e., utility-scale turbines with a capacity measured in megawatts) can rise hundreds of feet into the air, and are typically (but not always) part of a wind farm system with other similar turbines. The latter are, by contrast, quite small in terms of generating capacity, height, and frequency in the landscape. Small wind systems are sometimes further divided into two categories of very small systems and larger systems. Where these divisions are made is highly dependent upon the character of the community, the type of local government, and the magnitude of the wind resource. 1 Elements of a WECS Ordinance Counties, cities, and townships are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of: promoting the health, safety, morals, and general welfare of the community. How wind energy hnd use issues affect each type of community will significantly change the structure and foens of the WECS ordinance. Some common elements to consider in all communities are noted below: A. Distinguish between Types of Wind Energy Applications As noted earlier in the introduction, the community will likely need to distinguish between the different sizes of wind energy systems relative to the typical lot size, density, natural resources, and wind resource. Two or three categories of WECS may need to be identified in tl,e ordinance: large scale (commercial), small scale (non-commercial), very small (micro). B. Define Necessary Permits Some WECS can be listed as permitted uses, but others should be considered conditional uses, and some applications should be prohibited. Large-scale WECS shonld always be conditional, in order to ensure that the specific design of the system minimizes nuisances and allows for public comment. Non-commercial WECS in rural areas should probably be permitted uses. Conditional use permits may be justified for non-commercial systems where housing density is greater than a rural setting. WECS on lots smaller than one acre become problematic, although in certain circumstances half-acre lots can accommodate micro- WECS. Genuine urban density areas (either in existence or phnned) should not include WECS as a permitted or conditional use, barring a change in technology that allows for decreased visual, safety, and noise impacts. If the community chooses to utilize a wind-energy overlay district, a greater degree of flexibility should be built into the development process. Large-scale projects should probably still be conditional, but fewer conditions will allow the district to serve as an encouragement for sustainable development of local wind resources. C. Model Wind Energy Ordinance This ordinance is based primarily on the model ordinance for connty governments created in 2005 by the Clean Energy Resource Teams and the 1V1innesota Project. The ordinance was created to help counties address the evolving dilemmas associated with utility-scale wind development (large turbines typically with over one megawatt (I MW) of capacity). Alternatives to Zoning District Regulation An alternative to setting commerciallVECS standards for each zoning disttict is to establish a Wind Energy Development Overlay District. The community can proactivefy identify where the conditions are good and bad for large scale wind development based on communiry ptiotities such as viewshed protection, natural resource areas, or ultimate build-out for rural residential or urban development. The community would map an overlqy with a separate set qfU?ECS standards. The overiqy concept could also be applied to small (non-commercia~ U?ECS il1 some circumstances. District Agriculture (A-I, A-2, A-3) Rural Residential Rural Town Site General Business District Highway Commercial Light Industry Non-Commercial* Permitted Conditionally pennitted Not pennitted Not pennitted Conditionally permitted Permitted Commercial Conditionally Pennitted Not permitted Not pennitted Not Permitted Not Pennitted Conditionally Pennitted Meteorological Tower* Permitted Not Permitted Not Permitted Not pennitted Permitted Permitted 2 Heavy Industry Shoreland Permitted [may depend upon the lake and the specific district] Condirionally permitted Urban Expansion Overlay District Conservation / Special Protection [requires examination of the district purpose, the underly- ing resource and the impacts of a wmd turbine on that resource] Conditionally permitted Conditionally permitted Shoreland Wild and Scenic River Conditionally Permitted Not permitted Permitted Not permitted Not permitted Not permitted [requires examination of the district purpose, the underlying resource and the impacts of a wind turbine on that resource] Not permitted Not permitted [Requires examination of the district purpose, the underlying resource and the impacts of a wind turbine on that resource] Not permitted Not permitted Alternative Standards This model ordinance was written pn"manYJ for coun!!y or township governments, and targeted for situations typical for rural southwestern Min- nesota. Ma'!Y standards will need to be adapted for communities that are less rural or that have lower quality wind resources. Most cities can disregard virtuallY all of the commercial WECS provision except for the possibility of isolated utiliry-scale turbines on very latge parcelr that are unlikelY to be subdivided or redeveloped (tondustnOal or institutional areas). LAcal units of government will need to assess their own commu- nity standards and mqy choose alternative thresholds than shown here. Interpretation, Conflict and Separability The community mqy wish to examine the Interpretation, Cotiflict and Separability language in its other ordinances and utilize consistent language. Commercial, Non-Commercial Difftrent communities will set difftrent thresholds to distinguish between commercial and non-commercial wind energy .rystems. Under existing Minnesota law renewable energy projects with a electn'c generating capacity of less than 40 kW qualify fOr IInet metering," in which electnOc generation in excess rif on-site demand is purchased fry the electric utiliry at the retail rate. While the net metering threshold seems reasonable, the standard is actuallY somewhat artificiaL The land use and nuisance characteristics of a 40 kW .rystem and a 100 kW.rys/em are quite similar, especiaf!y in rural communities. Federal and state laws have established relative!yfavorab/e procedures and rates for interconnecting re- 3 newab!e generators cif under 100 k W capacity. Some communities mqy find that turbines cif up to 100 k W are fulfy consistent with other land uses and reasonabjy qualiry for a less rigorous (non-commercial) set of standards and review procedures. Aggregated Projects Lat;ge electric generatingfacilities are regulated ry the State rather than ry local governments. Aggregated prqjects having a combined capacity equal to or greater than the threshold for State oversight as setforth in MS Statute 216F.OI through 216F.09 (cumntly 5 MW for wind energy projects, except as noted below) shall be regulated ry the State qf Minnesota. Commercial wind developments (wind farms) are, however, sometimes broken into phases, or separated ry ownership but not lry geograplij. Aggregated projects have been a grey area regarding whether the local government has regulatory authority. Alternatives to Zoning District Regulation An alternative to setting commercial W'ECS standards for each zoning district is to establish a The community can proactivefy identify where the conditions are good and bad for large scale wind development based on community priorities such as :~iW!/jk*4(Pfbtre?{~#, natural resource areas, or ultimate build-out for rural residential or urban development. The communiry would map an over!t!J with a separate set of W'ECS standards. The overlqy concept could also be applied to small (non-commercial) W'ECS in some circumstances. Substations and Accessory Facilities Ma'!Y zoning ordinances address 'essential services" which includes electric power lines and substations. Most substations are sited a4jacent to the road ROWs. This conserves farm land and reduces costs for such facilities, but creates some concerns for road authorities including sight lines, snow dri.ftin~ and financial liabilities during road re-construction. Substations associated with W'ECf should be regulated in a manner consistent with essential service regulations. However, if not regulated under a separate standard, the W'ECS ordinance should establish specific setbacks fir substations and lines. Meteorological Towers Exempt from Zoning District Standards This subsection presumes that land uses with a height greater than 100' require a conditional use permit (common in counry zoning ordinances). Communities should ensure condstenD' between the Standards section and District Regulations. Essential Services The model ordinance references the EssentialS ervices Ordinance fir determining substation and feeder line setbacks (Setbacks, Substations on previous page, Feeder lines on cutTent page). The intent is not to necessanfy difine the feeder lines as an essential service. The model ordinance anticipates that there will be pro/ects that run feeder lines to interconnection points that are off site. The ordinance does not intend to provide commercial projects with the same prerogatives as a essential services, but rather to simplify determination of setbacks and placement qf substa- tions and feeder lines relative to rights-of-wqys. Feeder Lines The requirement to bury all feeder lines mqy, in some communities, need to if/c/ude provisions fir exceptions. Discontinuation and Decommissioning Provisions for decommissioning the site qfter productive use has stopped protects the communiry in a variety qf wqys. Removal of the tower and accessory structures will limit the potential fir blight and safery concerns associated with un-maintained equipment. An alternative to removal is restoration cif the site, in which subterranean fixtures/foundations are also removed. Restoration will facilitate the return cif the site to 4 agricultural production or other uses. The communi(y should also require that the developer post a decommissioning bond or other financial assurance. The local government should not bear the risk qf decommissioning should the wind developer go bankrupt. Interference The radius jOr notification of all communications tower operators will range from two to five miles, depending on the community. Avoidance and Mitigation of Damages T ranspotting large wind turbines and components to remote sites sometimes requires using roads that are not rated for the weight qf the turbine. Developers should notify local road authorities and mitigate fOr damage risk prior to transporting the turbine and equipment. Similar provisions should be made green iJifrastructurc. The USFWS and the Minnesota DNR have adopted guidelines for identifying risks and best management practices for mitigating those risks. If the communi(y uses a wind over!qy approach rather than the district-based regulation outlined here, the DNRguidelines can help dtifine the overlqy district. D. Establish Setbacks Communities need to identify setbacks that protect surrounding land uses and community character but still allow reasonable WECS to be developed. Examples of setbacks include: 1. Commercial: Homes 750 feet, property lines 1.1 - 1.25 of the WECS total height, road rights-of-way 1 x total height, conservation lands 600 feet, type III, IV and V wetlands 600 feet, scenic river bluffs 500 - 1340 feet. 2. Non-Commercial: Property lines 1.1 x total height, ROWs 1 x total height or fall zone + 10'. E. Establish Safety Standards Communities need to identify safety standards that protect the public, without effectively prohibiting the WECS. Requiring engineering certification on very small systems may have the same effect as prohibiting WECS. Residential areas may need some consideration of a tower as an attractive nuisance, and reasonable fall zones should always be considered. 5 F. Establish Design Standards Design standards need to be matched to the type ofWECS. Commercial systems shonld always have tubular towers. Treatment of power lines, color, lighting, signage, and substation should be specified. Non-commercial systems, depending on the allowed height and the surrounding land uses, may also have specific design considerations that must be followed. All WECS, other than the very small category, should have a decommissioning plan and provisions. G. Establish Other Applicable Standards Noise standards are particularly important for non-commercial systems in non-agricultural areas for the satisfaction of surrounding land owners and protection of the WECS owner from unwarranted complaints. Minnesota state law is based on a standard of 50 decibels at the nearest house. Electric code compliance and FAA regulations may also need to be addressed. Cities and rural areas near may need to address visual impacts H. Minimize Infrastructure Impacts Commercial systems need to address the risk to roads for both initial transportation of components and on-going maintenance of the WECS. Any system (commercial or non-commercial) that includes excavations for creating a foundation needs to protect drainage systems. Telecommunications infrastructure can be affected if care is not taken. Green infrastructure can also be affected, including habitat systems and natural viewsheds that define community character. I. Wind Energy Conversion System Ordinance 1. Purpose - This ordinance is established to regulate the installation and operation of Wind Energy Conversion Systems (WECS) within Model Community not otherwise snbject to siting and oversight by the State of Minnesota under the Minnesota Power Plant Siting Act (MS 116C.51-116C.697. ), and consistent with Model Community's Comprehensive Plan goals, including the following: a. Encourage the sustainable use of local economic resources. b. Encourage development that helps meet Model Community's and the State of Minnesota's climate protection goals. c. Minimize conflicts between desirable land uses that may need to coexist in the same area. 2. Interpretation, Conflict and Separability a. Interpretation - In interpreting these regnhtions and their application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be constructed to broadly promote the purposes for which they are adopted. b. Conflict - These regulations are not intended to interfere with, abrogate or annnl any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. No other provision of these regulations that impose restrictions different from any other ordinance, rule or regulation, statute or 6 provision of law, the provision that is more restrictive or imposes higher standards shall control. c. Separability - If any part or provision of these regulations or the application of these regulations to any developer or circumstances is a judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application direcdy involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. 3. Enforcement, Violations, Remedies and Penalties - Enforcement of the Wind Energy Conversion System Ordinance shall be done in accordance with process and procedures established in Section _ of the Model Community Zoning Ordinance. SOLAR In spite of its cold and dark reputation, Minnesota has good solar potential, as good as Houston, Texas and many parts of Florida. As solar energy system components have become more efficient and less costly an in- creasing number of solar energy installations have been installed in Minnesota. Since 2005, the interest in solar energy has rapidly increased such that many communities have had to address solar installations as a land use issue. Solar energy components continue to improve in efficiency and decline in price, and Hcost parity" with some retail electric and natural gas costs is likely within the next 8 to 10 years, But solar energy is much more than an alternative (or supplement) to utility power. Solar energy has become a symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attributable more to the non-economic benefits than as an economic substitute for the electric utility. Households and businesses wanting to reduce their carbon footprint see solar energy as a strong complement to energy efficiency. Volatility in natural gas prices makes free solar fuel look attractive as a price hedge. D. Components of a solar standards ordinance Solar energy standards should consider the following elements: 7 1. Remove regulatory barriers and create a clear regufatory path to approving solar energy systems. 2. Limit aesthetic objections by setting reasonable design standards for solar energy in urban neighborhoods, historic districts, and new subdivisions. 3, Address solar access issues in subdivisions and zoning districts that allow taller buildings on smaller (urban density) lots, 4. Encourage solar-ready subdivision and building design. 5. Incorporate regulatory incentives that can spur private-sector solar investment. 6, Urban and Rural Communities 7. Comprehensive Plan Goals. Tying the solar energy ordinance to Comprehensive Plan goals is particularly important when the solar standards include regulatory incentives or solar requirements as described in the last section of this ordinance. If the Comprehensive Plan does not include goals that could address solar energy. and the community does not have some of policy foundation for encouraging private investment in solar energy (such as climate protection goals) the community should consider creating a local energy plan. 8. Climate Protection Strategies. Solar energy should be part of every community's portfolio for addressing climate change or energy transitions (also known as "peak oil") considerations. Local governments that are participating in the Cities for Climate Protection program, Mayor's Climate Protection signatories, or the Cool Cities/Cool Counties program can use private solar investment as a vehicle for meeting goals. .Additional community benefits that improve sustainability are also spelled out in the findings section. E. Model Solar Energy Standards This ordinance is based primarily on the model solar energy ordinance created for Solar :Minnesota, under a :Million Solar Roofs grant from the U.S. Department of Energy. Issues of solar access and nuisances associated with solar systems are generally of little consequence outside urban density areas, where lot sizes are almost always greater than one acre. Counties and townships can address most barriers by simply stating in their development regulations that solar systems are an allowed accessory use in all districts. Aesthetic issues or solar access issues might come into play in lakeshore areas or conservation development areas, where homes are closer together or protected trees might limit solar access. The incentive potion of the model ordinance can also be applied in rural areas. However, most of the language in this model ordinance is directed to situations seen in cities. Scope - This article applies to all solar energy installations in Model Community. Purpose - Model Community has adopted this regulation for the following purposes: Comprehensive Plan Goals - To meet the goals of the Comprehensive Plan and preserve the health, safety and welfare of the Community's citizens by promote the safe, effective and efficient use of active solar energy 8 systems installed to reduce the on-site consumption of fossil fuels or utility-supplied electric energy. The following solar energy standards specifically implement the following goals from the Comprehensive Plan: A. Encourage the use of local renewable energy resources, including appropriate applications for wind, solar, and biomass ehergy. B. Promote sustainable building design and management practices in residential, commercial, and industrial buildings to serve the needs of current and future generations. C. Assist local businesses to lower financial and regulatory risks and improve their economic, community, and environmental sustainability. D. Efficiently invest in and manage public infrastructure systems to support development and growth, Climate Change Goals - As a signatory of the Cool Cities program, Model Community has committed to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity or heat will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Infrastructure - Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of Model Community's electric distribution infrastructure. Local Resource - Solar energy is an undemsed local energy resource and encouraging the use of solar energy will diversify the community's energy supply portfolio and exposure to fiscal risks associated with fossil fuels. Improve Competitive Markets - Solar energy systems offer additional energy choice to consumers and will improve competition in the electricity and natural gas supply market. Solar Definitions Not al! these terms are used in this mode! ordinance, nor is this a complete list if" so/ar definitions. As a community develops its own design standards for solar technology, ma'!)' of the concepts difined here mqy be helpful in meeting local goals. For instance, solar dqyh"ghting devices mqy change the exterior appearance of the building, and the community mqy choose to distinguish between these devices and other architectural changes. Height- Ground or Pole Mounted This ordinance sets a 15 foot height limit, assuming a standard that is higher than typical height limits fOr accessory structures, but well lower than the principal structure. Communities mqy want to consider allowing taller [Ystems if set back farther, fOr instance, an extra fOot of height fOr every additional two fiet of setback. Communities mqy also consider allowing higher .rystems if the size of the panel is less than allowed, for instance, an additional foot of height for every 10 sq. ft. of reduction of suiface area. Mounted Solar Systems This ordinance uses a threshold of 5% steeper than finished roof pitch to require a conditional use permit. Mounted .rystems that have a pitch steeper than the finished roof pitch change the appearance of the roof, and are exposed to additional s4e!Y considerations in regard to the wind load on structural roof components. 9 irel/b7iJiii:reqiiirijftes:aniJitpp'irJvaij{iOcesses:'tiidt'mqy' be oiJiiJjjprJj/oiiionnto:'~,jy riiklro,;;'th~' aejt~etk ii!Jj[iir:t:dj;a"fbiar/'iYitedi,: fj;(}m.m~nii;ei::~~:,'<<jendjiJrn;;iiv/tifh:n;q~eLJ!ldp',a1;,j:i(/jjjitiiii;/atlfjTva!j~1JbeI:i/Jdt--J1!ou/d.-qtk)o/::!fi!jjJto.f!1/prb~~:soiiir lrltiiems th#lam--;Jpproj[nat4fsC;jc~ed:or-{JeSigned: ib::~Ji~ili~!o iJj~ :~uiliii~g.):he:iid#1inistratife .ya,rmnci liFnguage.'.lviJuWLjjeid .to. JP'dj{o~.t,tfje ~odilj#o~i !h9t 'ftitfjJ~~~!4.:i!!f- jo;/1jlfgeIf/t~i.Jyjie?itjgilttitYtijiijjiijiiti(Ji b~ iJ;/sig~elt~o'ttfiitetlfJY'i1Jit4:$;~t!1(;n:if tijtch'itii/Jick:--dj)foi!ii/tiicfJSS ~xqep~--~n' iik/{itdf1ioj}th.c:__bitild/iijJ; and.- thVmetfici l!;Y:which Siiiff.-wouliljiidge,iCf'eening --or:vlsuafinteg.ra!fon. ',J1I~tfJ iDe'.bUilding. l:~: d~llekfping i{irfai are. reiji/cti~e .€o~enanfS 1n ,new sll,bdivisionL' --.7.:&e. cope1!ants.arf! .#iti~fijil10 maintain an the^appearan" if homes, pf'Oper!JI val ties, and saleability. if, however, the local goverm",nt pf'Ovides solar design standards that pivtect-,ijit'~.ft'Pobr__dej(gii':rifibta~'act~sso:ry'__uscs~ji i/fedsonal,/k tojjie-UiJtt-the':devdapeF or hOffieo-'J!izif,~s assoCiationJroin',crcat{ng ~~lyafja#i!if-:rejtiict~o..fz~:~n.' :(j it!sta!nak?e;!~#rce'lff::el!(Jr,gJ!; Solar Easements Mimlesota allows the purchase and holding of easements protecting access to solar and wind ener;gy. The easement must specify the following i-rifimnation: Required Contents - Airy deed, will, or other instrument that creates a so/ar or wind easement shall include, but the contents are no! limited to: (a) A description of the real propertY suiject to the easement and a description 0/ the rea! properry benifitingfrom the so/ar or wind easement; and (b) For solar easements, a description 0/ the vettica! and horizontal angles, exprr:ssed in degrees and measured from the site 0/ the solar ener;gy [)Istem, at ,phich the solar easement extmds over the rea! properry suijeet to the easement, or O'!Y other description which drjines the three dimensional space, or the place and times 0/ dqy in which an obstruction to direct sunlight is prohibited or h'mited; (c) A description of the vertical and horizontal angles, e:>..pressed in degrees, and distances from the site of the wind power fYstem in which an obstruction to the winds is prohibited or limited; (d) A1!Y terms or conditions under which the easement is granted or mqy be terminated; (e) A1!J provisions for compensation of the owner of the real property benefitingfrom the easeme1zt in the event of inteiference with the ef!iqyment of the easement, or compensation of the owner of the real property suo/ect to the easement for maintaining the easement; (j) AJry other provisions necessary or desirable to execute the instrument. Source: Mil1Nesota Stat. 500.30 Subd 3. ,lit to.Olf 'sric7?:'~ Fo.~4i.tz:ol1dJ,iiieifjermfii, :'lBrgDs" or: ot4er--di.fr:tjtfo,!arypcr!,!iirjo .e1tprru..ragf! pdjjat~'~nve1!lttcnt t1!.solar enei;gy'-".fystems;,This: m(/dej.~iilinani:c.::notes.- ,th~se ojj/(}ffui;itieijffil{co'i;iidet&ion":/y: /fJjdlgove~menis. :Ik 'most'lases, dddit{(iiiak.Drdln.aniilanjpiige JJJo~ki; :'nee~iill(iiisiJ:i1ed tit/o' tqi:.colllmMnifjs 'ordillantis." Eor,instiiitce;.-C{ provli1:on)h~~p:f;rD ~sini:op.()tat(so...: Jdr}nergy would JZcedto. be iiiCltiaed-iiz' the. coin!Jtu~iiY) :J5:ti'j;X--ofcfjnance/--of ,fl-ti:contJ/:!t'r)J'i'OJ-.a:t;;Ui!,wai .to: ma'kb .t#(( ,but!#i;/g"'s//lrir:'reaqy; tfjj:i.wbuld;.~ei:liAi.be 'iitc!iiit;#l~' ih~ ~bndt~lblt(ji use.-p/rmi'i ieCtiok OjJthe ,ofditi()nce Solar Roof Incentives This section of the model ordinance includes a series of incentives that can be incorporated into development regulation. Most cities and maJry counties make requirements or use incentives to ensure that cerlain pubh'c amenities are included in development. These same tools and incentives can be used to encourage private investment in solar energy. Communities will not want to use all these incentives, but should select which ones make the most sense in their community (or create some other incentive that encourages solar energy). As with a1!Y incentive, an important element of creating the incentive is to engage planning or economic development st4f in the creation of the incentive} so that staff can assist the developer in taking advantage of the provisions. 10 GROUND SOURCE HEAT PUMPS (GEOTHERMAL ENERGY SYSTEMS) 11innesota's geothermal resource is not sufficient to allow for direct use (i.e., electricity generation from geothermal steam resources); however, ground source heat pumps are an option in Minnesota. Ground source heat pump systems use the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. Ground source heat pumps would be permitted as an accessory use in all zoning districts. Standards address protection of ground and surface water resources, setbacks, noise and screening. Requirements for proper abandonment are also provided. 11 Attachment 2 Draft AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING ALTERNATIVE ENERGY SYSTEMS (Wind, Solar, Geothermal) Scope. This ordinance applies to the regulations of alternative energy systems within the City of Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines and solar photovoltaic systems. Purpose and Intent. It is the goal of the City Council to provide a sustainable quality of life for the City's residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. Counties, cities, and townships are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of: "promoting the health, safety, morals, and general welfare of the community. Maplewood believes it is in the public interest to encourage alterative energy systems that have a positive impact in energy conservation but have limited adverse impact on the community. In order to balance the use of alternative energy systems with the necessity to protect the public health, safety and welfare of the community, the City finds these regulations are necessary to ensure that alternative energy systems are appropriately designed, sited and installed. Sec. 1 Wind Enenw Sources & Systems 1.1 Definitions The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Aggregated Project - Aggregated projects are those which are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included in the aggregated project. Commercial WECS - A WECS of equal to or greater than 100 kW in total name plate generating capacity. Non-Commercial WECS - A WECS less than 100 kW in total name plate generating Capacity. Fall Zone - The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure. Feeder Line - Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. 1 Horizontal axis wind turbine - means a wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. Hub- means the center of a wind generator rotor, which holds the blades in place and attaches to the shaft. Hub height - means the distance measured from natural grade to the center of the turbine hub. Meteorological Tower - For the purposes of this Wind Energy Conversation System Ordinance, meteorological towers are those tower which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS, Meteorological towers do not include towers and equipment used by airports, the Minnesota Department of Transportation, or other similar applications to monitor weather conditions. Micro.WECS - Micro-WECS are WECS of two (2) kW nameplate generating capacity or less mounted on a tower of 60 feet or less. Monopole tower - means a tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. Property Line - The boundary line of the area over which the entity applying for WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the project developer and landowner. Residential wind turbine - means a wind turbine of 10 kilowatt (kW) nameplate generating capacity or less. Roof.Mounted WECS means a WECS utilizing a turbine mounted to the roof of a structure and having a maximum rotor diameter of seven (7) feet. Rotor Diameter - The diameter of the circle described by the moving rotor blades. Small wind turbine - means a wind turbine of 100 kW nameplate generating capacity or less. Standard Soil Conditions means average area soil conditions not including; gravel, sand, loose rock, mud, muck, or any ground that would reasonably be expected to affect the stability and/or strength of an artificial foundation, System Height means the highest point above grade, measured from the base of a WECS to the tallest point of the system and shall include the systems rotor plane. Total Height - The highest point, above ground level, reached by a rotor tip Or any other part of the WECS. Tower - Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment. Tower Height - The total height of the WECS exclusive of the rotor blades. 2 Utility wind turbine - means a wind turbine of more than 100 kW nameplate generating capacity. Vertical axis wind turbine - means a type of wind turbine where the main rotor shaft runs vertically. WECS - Wind Energy Conversion System - An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy maybe used on-site or distributed into the electrical grid. Wind energy system - means an electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. Wind Turbine - A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. 1.2 Standards 1.2.1. Districts. WECS, in accordance with the standards contained in this Section, shall be deemed an accessory use, permissible in all zoning districts through special exception. 2. Procedures for Permits - Building permit applications for a WECS shall be accompanied by: a. The names of project applicant b. The name of the project owner c, The legal description and address of the project d. A scaled site plan drawing showing features of the property, including but not limited to: i, Location and height of the WECS; ii. Property boundaries and the distances of those boundaries from the WECS and from all other boundaries; iii. Location and dimensions of any easements; and iv. Location of overhead utility lines. e. Stamped engineered drawings of any tower, base, footings, and/or foundation as provided by the manufacturer or otherwise. f. Manufacturer's certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the National Electric Code. g. Proof of homeowners' insurance coverage. 3 h. Non-commercial WECS shall submit a copy of the interconnection agreement with the utility or documentation that an interconnection agreement is not necessary. i. Non-commercial WECS that are not connected to the electric grid shall identify location of battery or other storage device. 3. Freestandina WECS 3.1 Design and Placement. All Freestanding WECS shall: a. Have a maximum system height not to exceed district requirements or seventy-five (75) feet in zoning districts having no height restriction. b. Have a minimum system height of twenty-five (25) feet and no portion of the WECS blade shall extend within twenty (20) feet of the ground. c. Have a maximum power rating of one hundred (100) kW nameplate generating capacity. d. Have no guyed wires attached to the tower or other components. e. Have no ladder, step bolts, rungs, or other feature used for tower access to extend within eight (8) feet of the ground, Lattice-style towers shall have a protective barrier to prevent unauthorized access to the lower eight (8) feet of the tower. f. Be located entirely in the rear yard. 3.2. Foundation. For standard soil conditions, foundations or foundation specifications developed by a WECS manufacturer shall be acceptable for installations of a WECS with a generating capacity of twenty (20) kW or less. All other installations shall require an engineer's stamped site-specific soil study. 3.3. Number. No more than one (1) WECS shall be installed on a single lot offive (5) acres or less. All other parcels will be limited to one (1) WECS per five (5) acres of land area. 3. 4. Signs. A WECS operator is required to provide a single posting, not to exceed four (4) square feet, at the base of a WECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator. 4 Roof-Mounted WECS. 4.1.Design and Placement. All Roof-Mounted WECS shall: a. Have a maximum power rating of ten (10) kW nameplate generating capacity b. Be limited to the principal building for any parcel unless approved by the Zoning Board of Adjustment. c. Be erected within the confines of the principle building's roof and no portion of the WECS shall extend beyond the edges of the roof. d. Shall not extend to a height that exceeds applicable district requirements and 4 shall have a system height not to exceed fifteen (15) feet. e. Be mounted so that no portion of the WECS blade extends within twenty (20) feet of the ground. 4.2. Site Structure. Prior to the installation of any Roof-Mounted WECS, the operator shall cause a site-specific analysis to be performed by a licensed structural engineer addressing the suitability of the host structure to support the WECS and withstand the environmental pressures exerted on the system. 4.3. Number. No more than one (1) WECS shall be installed on a single rooftop unless approved by the Zoning Board of Adjustment. Multiple WECS will be permitted only within commercial or industrial zoned districts. 5 General Provisions. The following provisions will apply to all WECS erected under the provisions of this Code: 5.1. Noise: have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA and shall conform to this standard under normal operating conditions as measured at any property line. 5.2, Color: be white, light gray, or a similar a neutral tone approved by the Zoning Board of Adjustment and all surface finishing shall be non-reflective. 5.3. Over Speed Controls: shall be equipped with manual and automatic over speed controls to limit the blade rotation within design specifications. 5.4. Lighting: have no installed or accessory lighting, unless required by Federal or State regulation. 5.5. State, Federal and Local Regulations. In addition to the requirements listed in this Section, a WECS must: a. Comply with all Federal and State regulations. b. Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, noise, and nuisance requirements. c. Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. d. A WECS must have a minimum setback distance of two and one-half (2 %) one point one (1.1) times the system height from any property line, public right-of-way, electric substation, transmission line, dwelling, or other WECS. e. The placement of all other signs, postings, or advertisements shall be prohibited. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels. 5 6. Commercial Installations All WECS shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. 7. Abandonment. A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of 12 consecutive months, and which is not brought in operation within the time specified by City officials, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 8. Feeder lines. Any lines accompanying a WECS, other than those contained within the WECS tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel. 9. Standards and Certification 9.1. Standards. WECS shall meet minimum standards such as International Electro technical Commission (IEC) or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the Planning and Zoning Director. 9.2. Certification. WECS shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the Planning and Zoning Director. The City reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification. 9.3. Setbacks, Substations and Accessory Facilities - Minimum setback standards for substations and feeder lines shall be consistent with the standards established in the Model Community General Development Standards for Essential Services. 9.4. Safety Design Standards a. Engineering Certification - For all WECS, applicant must provide engineering certification of turbine, foundation, and tower design is within accepted professional standards, given local soil and climate conditions. For non-commercial and micro- WECS, certification can be demonstrated by the manufacture's engineer or another qualified engineer. b. Clearance - Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground. c. Warnings i. For all commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. ii. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the 6 outer and innermost guy wires up to a height of 8 feet above the ground. Model Community may require that visible fencing be installed around anchor points of guy wires. iii. Consideration shall be given to painted aviation warning on metrological towers of less than 200 feet. d. Energy Storage - Batteries or other energy storage devices shall be designed consistent with the Minnesota Electric Code and Minnesota Fire Code. 9.5. Other Standards a. Total Height, Non-Commercial WECS - Non-Commercial WECS shall have a total height, including tower and rotor at its highest point, of less than 60 feet. b. Tower Configuration i. All wind turbines that are part of a commercial WECS shall be installed with a tubular, monopole type tower. 1. Noise - All WECS shall comply with Minnesota Rules 7030 governing noise. 2. Electrical Codes and Standards - All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards. 3. Green Infrastructure - The Applicant shall meet the Minnesota Department of Natural Resources Guidance for Wind Projects, June, 2009 version or most recent version, for siting wind energy facilities and mitigation of risk to natural resources, including the following standards: a. Providing the following information in the application: i. natural heritage concerns within the project ii. public lands within one mile of the project iii. conservation easements and other officially protected natural areas within a quarter mile of the project iv. shoreland areas, wildlife corridors and habitat complexes, and designated scenic views. 4 Micro-turbine Standards and Urban Lots - WECS shall be allowed on lots of less than one acre provided the following conditions are met: a. WECS are a permitted, provisional, conditional, or allowed accessory land use in the district, b. The setback requirements can be met on the lot, and c, The tower height is less than 60 feet. 7 Sec. 2 Solar Enerqy Sources & Systems 2.1 Definitions The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Active Solar System - A solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. Building-integrated Solar energy Systems - An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings. Flush-mounted solar energy system - means a roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than 10 inches above the roof. Grid-intertie Solar System - A photovoltaic solar system that is connected to an electric circuit served by an electric utility company. Ground-Mounted Panels means freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Off-grid Solar System - A photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company. Passive Solar System - A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Photovoltaic System - An active solar energy system that converts solar energy directly into electricity. Renewable Energy Easement, Solar Energy Easement - An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land. Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window. Roof-Mounted Panels means solar panels that are mounted to the roof of a structure using brackets, stands or other apparatus. Roof Pitch - The final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12. 8 Solar Access - A view of the sun, from any point on the collector surface, that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. Solar Collector - A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware. Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting. . Solar Energy - Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy Device - A system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization, Passive solar systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window. Solar Energy System - A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas. Solar Hot Water System - A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. Solar Mounting Devices - Devices that allow the mounting of a solar collector onto a roof surface or the ground. Solar Storage Unit - A component of a solar energy device that is used to store solar generated electricity or heat for later use. 2.2 Standards Active solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below: 2.2.1. Height - Active solar systems must meet the following height requirements: 9 a. Building- or roof- mounted solar systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices. b. Ground- or pole-mounted solar systems shall not exceed 15 feet in height when oriented at maximum tilt. 2.2.2. Set-back - Active solar systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located. a. Roof-mounted Solar Systems - In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. b. Ground-mounted Solar Systems - Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt. 2.2.3. Visibility - Active solar systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. The color of the solar collector is not required to be consistent with other roofing materials except in those instances when a conditional use permit is required consistent with the provisions of this ordinance. a. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located. b. Solar Systems with Mounting Devices - Solar systems using roof mounting devices or ground-mount solar systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way other than an alley. Roof-mount systems that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch more than five (5) percent steeper than the roof pitch on which the system is mounted, and shall be no higher than ten (10) inches above the roof. Systems with a pitch more than five percent greater than the finished roof pitch must acquire a conditional use permit. 2.2.4. Coverage - Roof or building mounted solar systems, excluding building-integrated systems, shall not cover more than 80% of the south-facing or flat roof upon which the panels are mounted, and shall be set back from the roof edge by a minimum of one (1) foot. The surface area of pole or ground mount systems shall not exceed half the building footprint of the principal structure. 2.2.5. Historic Buildings - Solar systems on buildings within designated historic districts or on locally designated historic buildings will require a conditional use permit, as provided in this ordinance. 10 2.2.6. Approved Solar Components - Electric solar system components must have a UL listing. 2.3 Plan Application and Approval 2,3.1, Districts. a. Ground Mounted SES shall be deemed an accessory structure, permissible in all zoning districts, b. Roof Mounted SES shall be permitted in all zoning districts. 2.3.2, Application for Permit. A building permit application for a SES shall be accompanied by: a. A scaled site plan drawing showing features of the property, including but not limited to: i. Location and dimensions of the SES; ii. Property boundaries the distances of those boundaries from the SES and from all other boundaries; iii. Location and dimensions of any easements; and iv. Location of utility lines. b. Engineer stamped drawings of the SES components, as provided by the manufacturer or otherwise. c. Manufacturer's certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the National Electric Code. 2.3.3 Placement and Design 1. Ground Mounting. All ground-mounted panels shall: a. Be limited to a total system height of ten (10) feet. b. Be limited to the rear yard. c. Exceed no more than fifteen percent (15%) lot coverage and may not exceed the area restrictions placed on accessory structures within the subject district. d. Be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. e. Be installed in a manner that will not exacerbate storm water runoff that may adversely affect neighboring properties. 2. Roof Mounting. All roof-mounted panels shall: a. Comply with the maximum height requirements of the zoning district. 11 b. Have a system height not to exceed six (6) feet on a structure with a flat roof and a system height not to exceed three (3) feet on a structure with a sloped roof. c. Not extend beyond the edge of the roof. d. Not project vertically above the peak of the roof on a building with a sloped roof. e. Be mounted with a maximum angle of sixty (60) degrees from horizontal on a flat or sloped roof. f. Be installed only on structures having a roof capable of supporting the weight of all SES components to be mounted on the roof, plus a forty (40) pound per square foot snow load. 3. Aesthetics. SES panels shall be of a neutral color and reflection angles shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. 2.3.4 Plan Approval Required - All solar systems shall require administrative plan approval by Maplewood zoning officials. 2.3.5 Plan Applications - Plan applications for solar systems shall be accompanied by to- scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines. a. Pitched Roof Mounted Solar Systems - For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. b. Flat Roof Mounted Solar Systems - For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof. c. Plan Approvals - Applications that meet the design requirements of this ordinance, and do not require a conditional use permit, shall be granted administrative approval by the zoning official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code. d. Compliance with Building Code - All active solar systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code. e. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota State Electric Code. f. Utility Notification - No grid-inter-tie photovoltaic system shall be installed until evidence has been given to the Planning and Zoning Department that 12 the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement. 2.4 Conditional Uses Where the standards in Section 2.2 and/or 2.3 are not met, active solar energy systems shall be considered a conditional use. The following conditions shall govern approval of a conditional use application for an active solar energy system. 2.4.1. Standards for Solar System Conditional Use Permits - When a conditional use permit is required, the permit shall be granted if the applicant demonstrates that the following safety and aesthetic conditions are met: a. Aesthetic Conditions - The solar system must blend into the building on which the system is mounted by being sufficiently set back from public right-of-ways or screened from view from the right-of-way, or by using a surface collector color that blends into the roof or wall of the building as seen from the public right-of-way b. Safety Conditions - The solar system must be anchored in such a manner as to withstand windspeeds of 90 mph, and must be set back from adjoining properties far enough so as to present no reasonable risk of accidental contact with electrical components from adjoining properties. c. Pole-mounted Systems Restricted - Pole-mounted or ground-mounted active solar systems shall not be allowed in residential districts between the front of the building and the front public right-of-way, and must be set back from the property line, when in minimum design tilt, by one foot. 2.4.2 Restrictions on Solar Systems limited - No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Maplewood shall restrict or limit solar systems to a greater extent than Maplewood's alternative energy ordinance solar performance standards. 2.4.3. Solar Access - Maplewood encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Stat. Chapter 500 Section 30. Any building owner can purchase an easement across neighboring properties to protect access to sunlight. The easement is purchased from or granted by owners of neighboring properties and can apply to buildings, trees, or other structures that would diminish solar access. Maplewood may require new subdivisions to identify and create solar easements when solar energy systems are implemented as a condition of a PUD, subdivision, conditional use, or other permit specified in this ordinance. 2.4.4 Renewable Energy Condition for Certain Permits Condition for Rezoning or Conditional Use Permit - Maplewood may, in an area where the local electric distribution system was installed more than twenty years ago, or where the local electric utility has documented a near-term need for additional distribution substation or 13 conductor capacity, require on-site renewable energy systems as a condition for a rezoning or a conditional use permit. a. The renewable energy condition may only be exercised for new construction or major reconstruction projects. b. The renewable energy condition may only be exercised for sites that have 90% unimpeded solar or wind energy access, and for which the renewable energy system can reasonably meet all performance standards and building code requirements 2.5 General Provisions 1. Additional Requirements. In addition to the requirements listed in this Section, a SES must: a, Comply with all Federal and State regulations. b. Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, and nuisance requirements. 2. Notification. Prior to the installation or erection of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. 3. Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel. 4. Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total on site demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. 2.6 Safety Standards and Certification. 1. Standards. SES shall meet the minimum standards outlined by the International Electrotechnical Commission (lEG), the American Society of Heating, Refrigerating, and Air- conditioning Engineers (ASHRAE), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC), or other national standards as determined by the Planning and Zoning Director. 2. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Planning and Zoning Director. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. 14 Sec. 3 Geothermal Enerqy Sources & Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: 3.1 Definitions The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section: Accessory - means a system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. Alternative energy system - means a ground source heat pump, wind or solar energy system. Closed loop GSHPS- means a system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. GSHPS- means a system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. Horizontal GSHPS- means a closed loop GSHPS where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface. Heat transfer fluid -means a non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight. Open loop GSHPS- means a system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well. Vertical GSHPS- means a closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface. 3.2 Standards 3.2; 1 Plan Application and Approval 3.3.1. Districts. a. GSHPS shall be deemed an accessory structure, permissible in all zoning districts. 3.3.2. Application for Permit. A building permit application for a GSHPS shall be accompanied by: a. A scaled site plan drawing showing features of the property, including but not limited to: 15 i. Location and dimensions of the GSHPS; ii. Property boundaries the distances of those boundaries from the GSHPS and from all other boundaries; iii. Location and dimensions of any easements; and iv. Location of utility lines. b. Engineer stamped drawings of the GSHPS components, as provided by the manufacturer or otherwise. c. Manufacturer's certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the National Electric Code. d. Installers as-built drawings to show that the system complies with all mechanical Permits and MDH requirements 3.3 General Application Requirements 3.3.1 Ground source heat pump systems (GSHPS). GSHPS in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. 1. System requirements. a. Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. Open loop GSHPS are not permitted. b. GSHPS in public waters may be permitted as an interim conditional use subject to approval from the Minnesota Department of Natural Resources and subject to written consent of all property owners and/or approval by an association in accordance with its adopted bylaws. c. GSHPS in water bodies owned or managed by the City of Maplewood are not permitted. 2. Setbacks. a. All components of GSHPS including pumps, borings and loops shall be set back at least 5 feet from interior side lot lines and at least 10 feet from rear lot lines. b, Above-ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district. 3. Easements. GSHPS shall not encroach on public drainage, utility roadway or trail easements. 16 4. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. 5. Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of Maplewood Building Permit Standards. 6. Deviations. Any deviation from the required standards of this ordinance may be permitted through an interim conditional use permit in accordance with Maplewood Zoning ordinances. 7. Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc, and meet the requirements of the State Building Code. 8. Abandonment. If the GSHPS remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following: a, The heat pump and any external mechanical equipment shall be removed. b, Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted, c, Lake GSHPS shall be completely removed from the bottom of the body of water. 9. Permits. A building permit and interim conditional use permit, if required, shall be obtained for any GSHPS prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health. 4. General Ordinance Provisions 4.1 Interpretation. In interpreting this ordinance and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted. 4.2 Conflict. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control. 17 4.3 Separability. If any part or provision of this ordinance or its application to any developer or circumstance is judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. 18 Agenda Item B.b MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Chickens in Residential Districts May 13, 2010 for the May 17 ENR Commission Meeting BACKGROUND Urban communities throughout the country are considering allowing chickens in residential areas as a way of promoting urban agriculture and sustainability. There has been an interest by some Maplewood residents and the Environmental and Natural Resources (ENR) Commission to allow chickens in Maplewood for this purpose as well. Maplewood's ordinance currently prohibits poultry, including chickens, in residential zoning districts. DISCUSSION Impacts of Chickens in Residential Zoning Districts Since last fall, the ENR Commission has reviewed surrounding communities' ordinances that allow for chickens; the positive aspects of raising chickens; and the possible negative or nuisance impacts. Because of the continued interest in allowing chickens in residential areas by residents and the commission, the ENR Commission requested that staff draft an ordinance which would allow chickens in residential areas, while regulating the use to ensure negative impacts are addressed. The ENR Commission has briefly reviewed the ordinance drafted by staff below during the March and April meetings. Proposed Ordinance Amendment Residential Zoning: Following is language which currently exists in the city code regarding residential areas. Additions to this language which would allow chickens in residential areas are underlined, Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence District) Sec. 44-6. Definitions. Poultry means domesticated birds that serve as a source of eggs or meat and that include among commercially important kinds, chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others. Sec. 44-103. Prohibited uses. The following uses are prohibited in the R-1 residence district: (1) The raising or handling or livestock, poultry (except for chickens as outlined in Sections 10-476 throuqh 10-487, Chickens) or animals causing a nuisance, except for licensed kennels. Animals: Following is proposed language which would specify the permitting requirements for chickens in residential areas. This language would be added to animal chapter of the city code. Much of the language is taken from the city's existing dog section of the animal ordinance. Chapter 10 (Animals), Article IX (Chickens) Sec. 10-476. Definitions. Chicken means a domesticated bird that serves as a source of eggs or meat. Hen means a female chicken. Rooster means a male chicken. Sec. 10-477. Investigation and enforcement. Officers designated by the city manager and approved by the council shall have police powers in the investigation and enforcement of this article, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The officer shall make investigations as is necessary and may grant, deny or refuse to renew any application for permit under this article. Sec. 10-478. Limitations for each dwelling unit in residential zones. No more than six (6) hens shall be housed or kept on anyone residential site in any area of the city zoned for single dwelling residential with a permit as outlined below. Roosters are prohibited. Slaughtering of chickens is prohibited. Sec. 10-479. Permit required. The officer shall grant a permit for chickens after the applicant has sought the written consent of seventy-five (75) percent of the owners or occupants of privately or publicly owned real estate within one hundred fifty (150) feet of the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant's property lines are one hundred fifty (150) feet or more from any structure. Consent is also required where a street separates the premises for which the permit is being requested from other neighboring property if it meets the distance requirements specified above. Where a property within one hundred fifty (150) feet consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. 2 Sec. 10-480. Application. Any person desiring a permit required under the provisions of this article shall make written application to the city clerk upon a form prescribed by and containing such information as required by the city clerk and officer. Among other things, the application shall contain the following information: (a) A description of the real property upon which it is desired to keep the chickens. (b) The species and number of chickens to be maintained on the premises. (c) A site plan of the property showing the location and size of the proposed chicken coop, setbacks from the chicken coop to surrounding buildings (including houses and buildings on adjacent lots, and the location, style, and height of fencing proposed to contain the chickens. (d) A statement that the applicant will at all times keep the animals in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit. (e) Such other and further information as may be required by the officer. Sec. 10-481. Permit conditions. If granted, the permit shall be issued by the city clerk and officer and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintain such chickens. Sec. 10-482. Violations. (a) Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and upon conviction, shall be punished in accordance with section 1- 15. (b) If any person is found guilty by a court of violation of section 10-1, their permit to owner, keep, harbor, or have custody of chickens shall be deemed automatically revoked and no new permit may be issued for a period of one year. (c) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including the pick up and impounding of uncontained chickens. Sec. 10-483. Required; exceptions. No person shall (without first obtaining a permit in writing from the city clerk) own, keep, harbor or have custody of any chicken. Sec. 10-484. Fees; issuance. For each residential site the fee for a permit is as may be imposed, set, established and fixed by the city council, by resolution, from time to time. 3 Sec. 10-485. Term. The permit period under this division shall commence on January 1 of the year the permit is issued and will terminate on December 31 of the year after the permit is issued. Sec. 10-486. Revocation. The city manager may revoke any permit issued under this division if the person holding the permit refuses or fails to comply with this article, with any regulations promulgated by the council pursuant to this article, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded. RECOMMENDATION Review and comment on the proposed ordinance amendment outlined above. This amendment would allow residential property owners to own chickens with a permit. 4 ~ + twincities.com St. Paul Pioneer Press Apple Valley YJ1a( ') , :J-:::Q/ 0 / A~~{)(kTteVY\ D~ Foes of tower state their case: no Internet antenna proposed for park By Frederick MelD fmeJo@p;oneerpress.com A telecommunications com- pany attempting to penetrate Minnesota's wireless Internet market is finding suburban locations for its giant Internet towers to be in short supply and community outcry some- times deafeuing, Dozens of Apple Valley resi- dents living near Wildwood Park -llIe site of a proposed Clearwire Wireless tower - , made llIeir opposition to llIe project abundantly clear at a public bearing Wednesday before llIe city's planuing com- mission. "We believe llIe tower would be a ghastly eyesore llIat would spoil a beautiful green space forever, jutting like a nuclear ballistic missile," said Jobn Hessburg, chair of llIe Wildwood Park Alliance. "It's like some corporate structure nightmare out of llIe movies 'FernGully' or 'Avatar.' " The crowd took every seat in the municipal center meeting room More than two dozen residents, unable to find chairs, lined the back walls, and others crowded into an overflow rooUL Clearwire hopes to blanket the city willI its WlMax Inter- net service, transmitted by a tower that would rise several stories above the park's treeline. The company has uot announced a price structure for its Minnesota services, but ouline lists its wireless Inter- uet packages as starting at $30 per month. On Wednesday, Steveu Kenny, a site acquisition spe- cialist for the FMHC Corp., the project developer; said' the height of the tower had been revised downward from 145 feet to 125 feet to accommo- date setback requirements, , but it could be shortened no farther. "It is a line-of-sight thing. We have to be aboVe the trees," Kenny said. The company needs a coudi- tional use permit from the city to proceed with construction. Apple Valley would be Clear- ' wire's first entry into the Twin Cities market. The company already sells its subscription service in Duluth and St. Cloud, Minn" and Eau Claire, Wis., as well as several cities in Washington state, Oregon, California, Texas, Pennsylva- ula and llIe Carolinas. To situate the Wildwood Park structure, Clearwire, which is half-owned by Sprint and based in Kirkland, Wash., plans to lease a piece of the 8- acre park along the west side of 137th Street West and the east side of Herald Way, north of14oth Street West. As part of the sallie network, 90-foot-tall towers are pro- posed in Hayes Park ou Hayes Road; Galaxie Park along the west side of Galaxie Avenue, north of14oth Street West; and in the parking lot of Christ Church, at Johnny Cake Ridge Road and County Road 38. The official petitioner is FMHC. City officials have been work- ing for months with Clearwire to find appropriate locations. At Wildwood Park, planning staff had previously expreSsed concern about the tower's "fall zone," the radius 1.5 times the height of the structure, inspir- ing the lower height. Residents noted the tower would be twice as tall as the city's tallest bullding, Wmgs Financial, and expressed dis- may over views, properly val- ues and possible - although unproved - health effects, , Clearwire spokesman Chris Comes said bullding Internet towers is a last resort for the company, and hanging anten- nae from pre-existing struc- tures such as water towers is always preferred. "Existing (structure) is our first choice - always is," he said Hessburg, director of the Wildwood Park Alliance, said ' more than 380 homeowners within a one-block radius of the park have signed his peti- tion against the tower. Christopher Lee, a Min- neapolis attorney Wed by the alliance, said city codes allow the planning commission to reject the proposal based on its impact upon property values and the fact that it does not fit the character of the area. "The feeling is this would be a disaster for our neighbor- hood. ... From my own experi- ence, we can expect to see drops in value from 10 to 15 percent," said Bill Tschohl, a real estate agent who lives in Palomino .Woods. "For many, this is their nest egg. This is their economic retirement." The Clearwire towers also have run into opposition in Blaine, where planning commissioners unllhbnously rejected a conditional use per- mit in March. In Andover, the city council approved towers in two city parks and antennae on two water towers while rejecting a fifth location, said Dave Berkowitz, the city's pub- lic works director. In Coon Rapids, the city council in February approved a lease agreement for anten- nae on three water towers but deadlocked this week on whether to allow a, 90-foot tower at Morningside Memori- al Gardens. Assistant Apple Valley Plan- uing Commission Chair Toni Melander said the commission would revisit the Clearwire proposal when the hearing resumes May, 19. The city council will have final say over whether to grant the permit. Frederick Melo can be reached at 651-228-2172. APPLE VALLEY T_-'---^'~"""'''_''_'___''~~~~_'''''~.~.~__~"~~_N_'.M=.___"'_^_~~~~="__'W~_'''~__'<~'_W~~___~~~~_~_'''_'~______'___"'~W~~_'____'._~,.=_=__,."____A~~~."A'_~'~''','___'~"~~""_'.Th__.__'_______~__^'^'~~c_"_~,",~~,__~_,~~M'_.....^~~~ Retiree who helps others tackle Medicare receives national honor By Rhoda Fukushima rgfukushima@pianeerpress.cam Larry Rivers of Apple Valley may be retired, but he still keeps a daily calendar. He golfs, plays telmis, enjoys ''I like to solve people's proh- lems," Rivers said. ''I can help them by bullding a little strate- gy." Rivers, 67, will be in Wash- ington, D.C., today to be hon- ored for his voluntee. wo.k he read about a volunteer opeuing with the Senior Link- Age Line in Minnesota The posting for a ''health care counselor" seemed a, good match for Rivers, who had workp.r1 in inf{)rm~tinn t,p,..hnnL him Up. ' Rivers began working with clients at senior centers in Burnsville, Prior Lake. and Lakeville. He later began train- ing new volunteers and giving n...a"..','v,+-.-.Hn......-. "'... l\tr~..;J~~___ --~'~~~~"=,~ , Mahto~ Re4 vat Measu By Megan I mboldt@p;o, 'The Mah, trict will Wednesda) bond refen The . com , was approv , 22 votes ot cast. Mah Henry De' enough sig $500 neces, recount. Mahtomet $45 milliou wood Elerr three other District E, and upgrad ties. The distri, ington Cou duct the r they have with elecl recount pro spokeswoID( The 'recOI fo.1 p.m in the Washin[ emment Cel Carol Peter: elections ~ been app' recount off election jud; to help her. All ballots by hand. Mer lic can obse but they ar, even touch I son who filet . a recount ca lots' or appoi to do so. The The close -- Ill. Agenda Item 8.b Solid Waste Collection Practices Panel Discussion Discussion Notes Submitted by Commissioner Lynne Hosted by Golden Valley Environmental Commission one April 26, 2010 SOLID WASTE Trash Hauling Maplewood - Commissioners Dale Trippler & Carole Lynne present. Staff Steve Kummer, engineer, and John Helcl, Public Administration Intern present. Robbinsdale - Population 12,000 Organized - one single weekly hauler since 1972 - 5 year contract 5 zones Cost is by container size on utility bill Once adopted it took a year to educate and let the dust settle. City staff took calls. Volume based pricing. St. Louis Park - Population 44,000 Organized - one single weekly hauler since 1990 - 5 year contract Small businesses are included in services 12 levels of service - volume based. City has "Solid Waste Inspector" with support of public works secretary City purchased carts. City bills quarterly Edina - Population 45,000 Open with weekly removal- Six haulers Contact person: Dianne Plunkett Latham at 952-941-3542 Golden Valley - Population 21,000 (additional workforce commuters 14,000) Open with weekly removal Programs for brush and leave removal WHAT WOULD YOU DO DIFFERENTLY? Prevent haulers from communication with the residents before the RFP. Charge for resident changing cart size. Mandatory upgrade of cart size if cart overflows weekly. Communicate with the public!!!!!!!! I!! Have informational meetings!!!!!!!!!! Educate the public on the costs.