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HomeMy WebLinkAbout2010-08-16 ENR Minutes MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, August 16, 2010 Council Chambers, City Hall 1830 County Road BEast 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Chair Trippler. 2. ROLL CALL Dale Trippler, Chair Randee Edmundson, Commissioner Judith Johannessen, Commissioner Carole Lynne, Commissioner Carol Mason Sherrill, Commissioner Bill Schreiner, Commissioner Ginny Yingling, Commissioner Present Present Present Absent Absent Present Present Staff Present Shann Finwall, Environmental Planner Council member Liaison Present Kathleen Juenemann, Councilmember 3. APPROVAL OF AGENDA Commissioner Yingling will give updates to the Mississippi River Critical Area Rulemaking Process and Fish Creek under Item 8, Commissioner Presentations. Commissioner Johannessen moved to approve the agenda as amended. Seconded by Commissioner Yingling. The motion carried by a vote of 5 to O. 4. APPROVAL OF MINUTES Approval of June 23,2010, Environmental and Natural Resources Commission Minutes The spelling of Commissioner Edmundson's name will be corrected by staff in the final version of the minutes. Commissioner Yingling moved to approve the minutes of June 23, 2010, as amended. Seconded by Commissioner Johannessen. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 1 Ayes, 4; Abstained, 1 (Commissioner Schreiner) The motion carried. Approval of July 19, 2010, Environmental and Natural Resources Commission Minutes Strike 6.a.5. under wind turbines. The spelling of Commissioner Edmundson's name will be corrected by staff in the final version of the minutes. Commissioner Yingling moved to approve the minutes of July 19, 2010, as amended. Seconded by Commissioner Johannessen. Ayes, 4; Abstained, 1 (Commissioner Schreiner) The motion carried. 5. NEW BUSINESS a. Recycling Proposals The city's five-year contract with Eureka Recycling will end on Dec 31,2010. An RFP outlining the city's recycling requirements was submitted to interested contractors. The city received proposals from: Allied Waste, Eureka Recycling, Highland Sanitation, Tennis Sanitation, Veolia Environmental Services, and Waste Management. The Environmental Review Committee (ERC) reviewed the proposals and is recommending its top three in rank order to the Environmental and Natural Resources Commission (ENRC). The ENRC will then recommend their top three to the City Council at the September 13, 2010, meeting. On October 11, 2010, the City Council will approve a recycling contract. The ERC reviewed the proposals based on criteria described in the RFP. 100 points were divided as follows: 40 based on cost, 60 points based on environmental education and vendor qualifications. Chair Trippler and Commissioner Yingling were the ERC members who submitted score sheets. The average of the two scores for each vendor was being used to determine the top three. The ERC is recommending the following three vendors in rank order: Eureka: Tennis (options 4 and 5) Veolia 83.25 pts 74.25 pts for each option 63.00 pts The confidential cost analysis completed by Mary Chamberlain is included in the staff report. Bill Preifer assisted in answering questions regarding the cost analysis, including the annual revenue projections. Commission Schreiner noted that to use options 1 and option 2 of the Tennis proposal would require a significant investment by the city to purchase the new recycling bins. Commissioner Yingling commented that not all vendors have glass to glass recycling. Some proposals are not clear as to where the recycled glass actually goes. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 2 Commissioner Johannessen noted that Eureka has a very strong education program as part of their service. Chair Trippler noted that Tennis is making a greater effort to find buyers for plastics that are not currently being recycled. Councilmember Liaison Juenemann stepped to the podium and questioned whether or not the costs were analyzed or just taken straight from the proposal. Staff explained that proposal costs were analyzed and clarified with the vendor where necessary. Commissioner Edmundson asked that additional information be requested from Tennis regarding the strength of the markets for the wide range of plastics including plastics listed with #3, #4, and #5. The ENRC recommends the following three vendors in rank order: Eureka Recycling Tennis Sanitation Veolia Environmental Services Commissioner Yingling moved that the ENRC adopt the vendor recommendations of the ERC as ranked and recommend these three vendors to the City Council. Commissioner Johannessen seconded the motion. Ayes all, motion passed. The proposal from Eureka Recycling, Tennis Sanitation and Veolia Environmental Services will be presented to the City Council on September 13, 2010. Commissioner Yingling will attend the meeting to represent the ENRC. 6. UNFINISHED BUSINESS a. Alternative Energy Ordinance Ms. Finwall updated the commission and gave the report of the draft alternative energy ordinance. The city adopted the energy efficiency and conservation strategy in December 2009, which was required as part of the Energy Efficiency and Conservation block grant. The strategy was created to improve long-term operational energy efficiency and includes policies to ensure achievement of the city's goals. George Johnson, Senior Scientist with Short Elliott Hendrickson, drafted the alternative energy ordinance, which has been reviewed by the city over the past few months. The ENRC reviewed and offered the following comments on the revised ordinance; however, Ms. Finwall noted that not all changes discussed at the July meeting have been made. Nick Carver, assistant building official, will review and comment on the ordinance. He will be present at the September ENRC meeting to offer feedback. In summary, Mr. Carver's comments include: 1. The ordinance should not be called a supplement to the building code. 2. The ENRC should ensure the ordinance doesn't conflict with other codes. 3. There are concerns around the building code aspects of the roof-mounted turbines. 4. The permit section needs revision. 5. Proof of home owner's coverage should not be a requirement. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 3 The ENRC will not finalize the ordinance today; however, additional discussion and input was requested by staff. Wind Turbines: Staff researched and learned that the only way to combat the negative impact on birds and bats is to ensure proper placement of the turbine. It may be necessary to expand the language on this in the ordinance. Page 3: Include a definition of the phrase "significant tree." Item b: Modify to include commercial wind turbines allowed with CUP. Page 4: The statement regarding ground-mounted commercial and roof-mounted commercial systems...should read "shall be permitted..." vs. "shall not be permitted." Page 4: Non-commercial systems are allowed in all non-residential zoned districts with a building permit. Strike term "utility scale." Item C, Free-standing, Design and Placement: Add "commercial" with a max of 125'. Non- commercial has a 75' restriction, and micro system has a 60' restriction. Placement: States that the structure must be entirely in the rear yard. Amend to read "rear or side yard." Non-commercial wind turbines: Chair Trippler suggested the following wording regarding lot sizes: Strike "...one acre or more acres." and add "...one to five acres." Also, add "all other larger parcels will be limited to one EWCS per five acres of land." Currently micros are allowed on "lots less than 1 acre." Should read "...allowed on any lot." Commissioner Yingling would like to revisit Residential at 1 0 watts vs. Micro at 2 watts to determine what makes the most sense for residential turbines. She suggested using the term "residential" versus "micro." She also recommends clarifying the non-commercial and commercial systems since both will be used by commercial entities. Roof-mounted Systems, Page 5, D, 1.b.: It was questioned why the system would be limited to the principal building. Recommend allowing system to be placed on the garage. Clarify the baseline height measurement as mid-point of the roof or use whatever is consistent with current building codes. Roof-mounted Systems, D, 2: Clarify the statement "... withstand the environmental pressures exerted on the system." Aesthetics: Correct the sentence regarding color. Feeder Lines, Item H: It was recommended that the ordinance require that lines from the generator to the residence be buried, but the line back to the grid can be exposed if exposed lines already exist. Standards and Certification: Minutes reflect that language referring to a model community, general development standards for central services was to be restated, but the entire paragraph was deleted. Staff will insert the restated language. Safety Design Standards, Engineer Certification: Strike "foundation" and include "... turbine and tower design of all units..." and add "... for WECS of 20 kilowatts or less, engineering certification for the foundation shall comply with C, 1, f. above." August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 4 Item 5, Free-standing WECS, Design and Placement: This should require that all free-standing towers be installed with a tubular mono-pole type tower, not just free-standing commercial towers. Part K, Procedures for Permits: Concern on whether a homeowner will be able to fulfill all these requirements by submitting a hand drawing or if they would be required to hire an architect to draw these. Staff will discuss with Mr. Carver. Placement should be such that it doesn't create "flicker" on adjoining properties. Delete any definitions that aren't used in the ordinance. Solar Enerqv Svstems: Change Solar System to Solar Energy System (SES) throughout. Part B, 3, Solar Systems with Mounting Devices: Reword to say it will be restricted if visible. Under coverage: Chair Trippler inquired about the basis for the limits placed on the following: 1. A roof- or building-mounted solar system shall not cover 80% of the south facing 2. Surface area of a pole or ground-mounted system, shall not excel one-half of the building's footprint of the principal structure. Clarify and remove redundancies from the Design Requirements section. 3,a,3: The term 'to the extent possible" is too vague and open to interpretation. Commissioner Schreiner will submit alternative language to staff. 5, Plan Applications, Pitched-roof Mounted Solar Systems: Revise to say "for all pitch-mounted solar systems." Flat roofs are addressed in the next item. Insert a period after "building official." Section D, Solar Access: The commission would like an evaluation of the implications of this policy on the city's tree ordinance. Solar Energy System (SES) definition: Correct the definition of an SES. Strike "structural design feature..." and "... to provide daylight for interior lighting." C,3,b,6: Under 3, b, ".. .shall be no higher than 10 inches above the roof." Staff will pose this question of whether or not the ordinance needs to address the wind factor for roof panels to Nick Carver to determine if a requirement needs to be added to prevent wind from getting under the structure. Standards, Visibility and Aesthetics: Both sections contain language regarding color. Combine statements regarding color so that it does not seem inconsistent. Geothermal: Definitions, fifth paragraph, third line: Should specifically state that open systems are not allowed and include definition of an open system. Standards, B, 2,a,2: Clarification is needed of the sentence regarding boundaries. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 5 3,a,2: Recommend using same language used in wetlands ordinance and define that we are just talking about storm water ponds, not in natural water bodies rather than stating "...water bodies owned by the city of Maplewood." Definitions: Staff will reword language regarding closed-loop ground source heat pump system (currently: "... buried.. .or anchored to the bottom of a body of water."). Standards, D,3,b,2, Associated Equipment. Currently restricts from front and side yards. Reevaluate if this should be restricted or not. Consider leaving it as a front yard restriction. Staff will investigate the size and appearance of the associated equipment. G, Abandonment: It was questioned how the city would know if a system has been abandoned. It was noted that item G3 was removed; consider adding it but rewording to address storm water ponds. H, Permits: Delete reference to "lnterim Use Permits" since the city doesn't use them. The draft ordinance will be presented at the September ENRC meeting; the ordinance will include all changes as well as the input of Nick Carver. 7. VISITOR PRESENTATIONS There were no visitor presentations. 8. COMMISSION PRESENTATIONS Commissioner Yingling reported on the following: Commission Yingling is participating in the Mississippi River Corridor Rule Making Process, which was established by the state legislature under the auspices of the DNR. The group is discussing standards that may overlap with issues that the ENRC is also discussing including wind turbines, slope considerations, etc. Fish Creek: The offer from the city for the purchase of 20 acres of the 73 available acres was not accepted by bank that currently owns the property; the bank is not willing to break the property into parcels. The city is now exploring other options including working with Conservation Fund to see if they can assist us in the acquisition of the land, meeting with state legislative delegation and Betty McCullum's office to see of they can provide any assistance in the acquisition. Commissioner Edmundson reported on the Neighborhood Sub-Committee. The committee met recently to discuss the Energy Squad program offered by Xcel Energy, to clarify the partnership between Maplewood, Xcel and the Clean Energy Resource Team (CERT), and explain the reasons Maplewood was selected. Xcel and CERT will attend the September 20, 2010, ENRC meeting to present the Energy Squad program to the commission. They will sponsor a workshop, which will be held on October 19, to present the program to the residents of Maplewood. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 6 9. STAFF PRESENTATIONS a. Update on the August 9,2010, City Council Meeting - Wetland Buffer Variance Request for The Shores at Lake Phalen Ms. Finwall updated the commission on The Shores project. The buffer variance for the Lake Phalen was approved along with the tax increment financing request. The Planning Commission will review the Chicken ordinance at the August 17, 2010, meeting. b. Subcommittee Updates Neighborhood Committee Ms. Finwall showed the flyer that was distributed at the recent National Night Out regarding the Energy Squad program. Clean Energy Resource Team (CERT) and Xcel will host the workshop at the community center on October 19. Residents will be able to sign up for the free energy squad service at the workshop. Greenway Subcommittee The next meeting will be held on August 24, 2010. The committee will focus on the Priory greenway and the planned improvements. Trash Collection System Analysis (organized trash) The City Council reviewed the proposed work plan at a recent workshop. During workshop, representatives from the National Solid Waste Management Association discussed the feasibility of having an open forum prior to having a public hearing to adopt the statute. The City Council agreed to a special meeting, which will be held October 4 at 7:00. The meeting will give the council an opportunity to hear all sides of this issue at one session. It is expected that the holding of this special meeting will push the schedule back approximately one month. Ms. Finwall reported that a piece highlighting the issues has been airing on the cable show Spotlight on Maplewood and will continue to air on channel 16 through September 9, 2010. Staff has been receiving calls from residents who are concerned about losing their hauler that they are happy with. Chair Trippler requested ENRC members to listen to what residents are saying and contact the city if it is something you support. Maplewood Nature Center Programs, 2659 East Seventh Street: Staff updated the commission on programs being offered in August: 1. Saturday, August 21, 2010, a free event to celebrate the new natural play area. 2. Extreme Green Makeover winner was announced: Michelle and Michael Tibodeau won a $15,000 green makeover for their front yard. 10. ADJOURNMENT Chair Trippler adjourned the meeting at 9:16 p.m. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 7