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Conservation Commission - 10/14/2008 APPROVED MINUTES CONSERVATION COMMISSION TUESDAY, OCTOBER 14, 2008 7:00 PM, CITY CENTER Prairie Room 8080 Mitchell Road COMMISSION MEMBERS: Eapen Chacko (Chair), Ray Daniels, Laura Jester, Sean Katof, Geneva MacMillan, Jan Mosman STAFF: Gene Dietz, Public Works Director Leslie A. Stovring, Staff Liaison Jan Curielli, Recording Secretary STUDENT REPRESENTATIVES: Vallari Ajgaonkar, Alexandra(Alex) Baumhardt, Michael (Paco) Caughill GUESTS: Joe Scholz (student) I. CALL TO ORDER/ROLL CALL Chair Chacko called the meeting to order at 7:05 PM. Ajgaonkar and Baumhardt were absent. II. APPROVAL OF AGENDA MOTION: Daniels moved, seconded by MacMillan, to approve the agenda as published. Motion carried 6-0. III. APPROVAL OF MINUTES A. Commission Meeting held August 12, 2008 MOTION: Jester moved, seconded by Daniels, to approve the minutes of the August 12, 2008 meeting as published. Motion carried 5-0-1, with Katof abstaining. B. Commission Meeting held September 16,2008 MOTION: Mosman moved, seconded by Jester, to approve the minutes of the September 16, 2008 meeting as published. Motion carried 4-0-2, with Katof and MacMillan abstaining. Conservation Commission October 14, 2008 Page 2 IV. SPEAKER A. Gene Dietz, Public Works Director 1. Charter Statement Discussion Dietz said he and City Manager Scott Neal discussed having the Commission provide input to revise the charter statement. He suggested the Commission discuss it tonight and then staff could review it and bring back a draft at the next meeting. He said we want to make sure things we need to have covered are included in the charter statement. The charter can then be used to begin the process of developing a new work plan. He thought if the charter were streamlined, the work plan might flow better. The Commission could then do the work plan next month and bring it to the City Council meeting in December or January along with a summary of work done in 2008. Stovring noted we need to think about what we want in the City Code and what we want in the work plan. Chacko said the charter defines the goal of this advisory commission and that should be what we focus on for the City Code. Introductory Statement for Charter Chacko said one of the things he discussed with Mr. Neal about the charter was what our function should be. He thought the Commission's function includes analysis, advocacy, examining and public education. Daniels thought the word "evaluate" might be a better word. Jester said she had questions about the introductory paragraph and the use of the term, "act in an advisory capacity." She could remember only twice making a motion to recommend something to the City Council. It seems like if we want to effect environmental change we need to be advisory to the City Council. She said the environment is affected the most in development and asked if there is any way to take a look at what the Planning Commission looks at and make recommendations that way. Chacko noted other cities sometimes have a joint meeting of the two commissions or have one member as an ex officio member of the other commission. He didn't think that was conceived of here, and there seems to be a water-tight wall between the commissions. Stovring also noted the Commission can be advisory to staff as well as to the Council. There have been items such as the raingarden and irrigation system rebates the Commission advised on that turned into programs through staff. Dietz said there are some very important things in the statutes about who does what. Because of the level of effort required for developers to do the development presentation, there is no statutory provision for another group to Conservation Commission October 14, 2008 Page 3 do development review. Chacko noted how Target stores in different communities do such things as put in cisterns to reuse water, and he thought some group or commission told them to come up with some ideas like that. We don't have that here and he thought we should. We talk about improvements,but we have no way to advocate for them to be done. Dietz thought the Commission could come up with some generic things to recommend to the City Council. If the Council liked it, the Commission could do an educational piece with staff and the Planning Commission. As a result the Commission could impact how things are done without looking at each individual project. Stovring said when we discussed this last year one of the things brought up was that the seven points under the initial paragraph could be taken away and we would still have a broad-based statement, so she thought the initial paragraph is as important as the list of items under it. Chacko said a lot of what we do manifests itself in real life projects but he wasn't sure how do we do that. Dietz thought the Commission could recommend best management practices for development projects by categories of development, and could assist in developing standards by evaluating, promoting or recommending best practices for design and development review. Mosman thought trying to come up with best practices at our level would involve borrowing from different communities. She asked if it would be possible for one or two Commissioners to be invited to sit in at Planning Commission meetings. She thought it might be hard to come up with good solid recommendations that would be broad enough. Item 1 - Examining and recommending best practices for energy conservation for Eden Prairie's citizens and businesses, including recommendations for a Green Building Code Chacko said the Commission was given the charter to be the governing body for 20-40-15 and this should be included. Katof said he thought the phrase "best practices for energy conservation" is very broad. He liked the idea of going down the path and identifying a few key items to accomplish. He also thought we should give specific examples. Chacko said he was not sure the Green Building Code is related to energy conservation, and he questioned whether those two things belong together. He thought it was mixing subjects. Mosman thought it might distract from the interpretation of Item 1, which should be kept really broad in order to allow us to be creative and come up with new ideas as the Commission evolves. Conservation Commission October 14, 2008 Page 4 She said she would keep the first part of the sentence in Item 1 without the last phrase regarding recommendations for a Green Building Code. Daniels said he agreed and thought we need to talk about which codes we want to concentrate on. Dietz said he would be interested in seeing that and asked if the Commissioners saw themselves wanting to focus on city buildings. He noted we tried to get a green roof on the Community Center, but at that time the City Council wasn't interested due to the cost. Chacko noted Item 1 does not talk about the City's role. Jester suggested removing the last phrase regarding the Green Building code and adding "City government" to the list along with citizens and businesses. Item 2 — Examining and recommending operational changes in City government operations to conserve energy Chacko said Item 2 mentions operational changes but he thought that item could be broader than just conserving energy in government operations. Stovring suggested using the term "conserve resources" to make it broader. Jester thought Item 2 should get at taking a look at City Code and recommending things the City can do better. She thought Item 5 can cover the subject of pollution. Daniels suggested removing the word "examining" from Item 2. Items 3 — Reviewing & encouraging the provision of a comprehensive residential and business recycling program Item 4—Encourage the reduction in MSW produced by Eden Prairie citizens Chacko thought Items 3 and 4 could be combined. He also wasn't sure what all the Commission reviews on a regular basis, as Item 3 states. Stovring said the Commission did review the multifamily recycling issue and the annual recycling reports. Jester said she thought combining Items 3 and 4 was a good idea. She asked how we could get a City code regarding business recycling. Stovring said that would be a good next step, right now the code states that a municipal waste hauler has to provide recycling to a commercial business if requested. Chacko asked how we would go about changing the method of recycling collection in the City as was done in Plymouth, for example, and if that would be within our mandate. Dietz said he would not be opposed to hearing it if the Commission could come up with good reasons why we should contract for the services instead of having open contracting. MacMillan asked about the difference between contracting for recycling rather than individuals contracting out. Dietz said we don't get bids and select just one contractor, rather residents can pick who they use for recycling. Conservation Commission October 14, 2008 Page 5 Stovring noted some cities contract for just recycling and some for both solid waste and recycling. There is usually a dedicated staff position in those cases. Dietz said if the Commission comes up with a good idea about why we should go to contracting; the budget cycle starts in May for a two-year cycle. The Commission needs to be aware of the budget cycle for such items. Chacko said he thought we would need to show comparisons of how much residents would pay under the current system versus another system. MacMillan thought that would be hard to figure out because she pays association dues that include those fees, as do many others in the community. Chacko asked what would happen if it were cheaper to make it a closed system. Dietz said he would consider it if that were the case. Chacko said we don't really know how things are done or what the costs are because we aren't in the information flow. Stovring thought Mike Barone did research on that subject maybe three years ago. Katof asked if it might be as simple as finding out what the costs are for residents. Stovring said in an open system everyone can negotiate a deal. She said contracting typically involves more expense to the City, but there are grants available and they usually write in profit sharing to help pay for it. Item 5 — Encourage the efforts to reduce air and water pollution in Eden Prairie, including the reduction of N from the City's sanitary sewer system Chacko asked for comments on Item 5. Jester thought air pollution could be taken out and moved to Item 7 so that Item 5 would concentrate solely on water. She suggested the word "conserve"be included. Stovring thought water reuse or stormwater infiltration could be included in Item 5. She said a lot of things we are talking about are in the storm water plan. She thought the Commission might be part of the process to update the City Code's section on stormwater management and infiltration next year. She said the Commission wouldn't write code but would identify items that should be considered and work with staff to take those items through the process for Council approved. Dietz suggested adding a statement similar to "identify, promote and recommend code revisions related to best management practices for new development and redevelopment in regard to storm water runoff." Dietz said the City is on a mission to reduce infiltration and inflow (1/1) to the City's sewer system because of an increase in the Metropolitan Council's surcharge that is directly related to a need to control I/1. He said after five years there will be an increased cost to us, and the Met Council will consider freezing our ability to connect additional units to the system. Conservation Commission October 14, 2008 Page 6 Chacko said he would like to hear the presentation Dietz gave to the Planning Commission about that. Mosman thought we should have been invited to attend that presentation. She said it seems so obvious that the Conservation Commission would have been interested in sitting in. The Commission had the 20-40-15 presentation and could have gone to another session if invited. Dietz stated the question is whether it is something the Commission wants to do. Mosman said it is not that the Commission necessarily wants to have a role in that, but it was on the Commission's charter and they do have an interest in it and would like to be educated. Any of the Commission members might have chosen to go to the presentation and learn about it so we could report back. MacMillan asked for a definition of I/I. Dietz said it is infiltration and inflow and is caused by such things as sump pumps connected to laundry tubs. The City has a spike of 20-30% when it rains. The Met Council is the provider of the interceptor sewer system, but it is cheaper for cities to deal with it at the source. MacMillan then asked how we are going to do this. Dietz said there is an ordinance going to the City Council next Tuesday that amends the code to say you cannot put clear water in the sanitary sewer system and provides for a system of home inspections. MacMillan asked if that will be true for the seven-county area. Dietz said it will be, but the surcharge is established for each individual city. Chacko asked if there was a slide presentation on I/I. Dietz said he talked about the subject while the consultant gave a slide presentation. Chacko said he would like to see it. Stovring said she would distribute a copy of the presentation. Item 6 — Promote health for citizens by encouraging a community designed for walking, exercise and recreation Stovring asked if we plan to keep Item 6. Chacko said he thought we should eliminate it. Dietz said Bob Lambert (former Parks Director) devised a rating system for evaluating priorities for trails and sidewalks in the City, and the Parks Commission goes through that annually to evaluate the program. Chacko asked if there are criteria about how the trails are made. Dietz said it is primarily black or white; that is, asphalt or sidewalk. There is a comprehensive Parks Master Plan that says transportation trails along streets are asphalt. A copy of this might be on the City web site. Item 7—Promote the establishment of targets for the reduction of greenhouse gas emissions produced in Eden Prairie Dietz asked if Item 7 should address air pollution. Chacko said he could see that being included because this is clearly called out in the Mayors' Climate Conservation Commission October 14, 2008 Page 7 Protection Agreement. He said the State had workshops on this and is working on a state-wide target for greenhouse gas emissions. Chacko felt there was something not quite right with the wording of the item. Stovring suggested "examine and recommend ways to reduce greenhouse gas emissions." Jester thought we should keep Item 7 as air pollution in general. Chacko noted both Hennepin County and the State have some targets for greenhouse gas emissions. He thought the idea of targets will come from somewhere else, and the City will have to comply. General Discussion on Commission's Roles &Responsibilities Chacko asked how we would have input for something like the band shell at Staring Lake. We have workshops for residents on such things as prairie restoration but the area at the band shell did not use that. Dietz said that would be identified in operational changes, and the Commission would need to identify that as a need. We could put something in the work plan to look at what the City does. Daniels noted we have ideas and when we try to implement them in Eden Prairie we seem to be very much on the sidelines. He thought we find out about things way too late. The Commission would like to be a player, not the decision maker. We would like to know when opportunities arise where we can promote these ideas. We want to have a say in things and not after the fact. Daniels stated it may be that the only way to do this is to be frank with the Planning Commission about having items regarding conservation come through to us. Dietz said there may need to be joint meetings to promote the kinds of things you want to have done. Dietz noted the amphitheater at Staring Park was only discussed in the Parks Commission, and nobody looked at the details of using sod or native grasses. He thought the Commission should identify some of these concerns and have a joint meeting with the Parks Commission to advocate for these kinds of things. Jester thought we could promote an environmental program with other commissions and educate the Planning and Parks Commissions on some of these things. Daniels said Eden Prairie has done things a certain way for a long period of time and the Commission is coming along to recommend that it be done differently. He thought the Commission recommends certain things that would work, but others say it would cost too much money and don't consider it. Dietz thought this was more about implementing than what has to be in the charter. The Commission would need to promote ideas that are specific but also generic to apply to parks or redevelopment projects. Conservation Commission October 14, 2008 Page 8 Mosman said it doesn't say education anywhere and we should include that. Chacko thought advocating would include education. It should be something broad, and he thought that was the advantage of the first paragraph. Chacko asked if the Commission could be the body that looks at changes and makes recommendation on how to inform the public. Stovring thought we might promote what is done through news resources, and perhaps not just locally. Mosman said in a way we don't want to just advocate, we want to take charge of communication and education for issues. Daniels suggested that we "help educate the public,professional associations, businesses and industries about improving the community's environment, both natural and manmade." Jester thought we should also consider the building code and development. Jester also noted that there is nothing in here about the promotion of natural landscaping and improvement and protection of wildlife habitat, and she thought that should be an item. She thought the Parks Commission is a little involved with that in regard to the use of open spaces. Daniels asked who advocates for private land improvements. Stovring said we provided rain garden or shoreland restoration rebates and educational seminars. Jester noted Hennepin County is missing a Soil and Water Conservation element that could help with these. Katof said he has heard a lot of talk about not having a voice, and he thought that was important enough with everyone to put it down as one of our statements. He thought we need to examine ways to integrate the Conservation Commission further into other areas to better understand what opportunities are available to promote conservation. Stovring related information on how the commissions had previously had a quarterly newsletter to inform everyone on what the commissions were working on. Mosman thought something could be done electronically with each commission in charge of its own input. Jester said she would like to know how the Historical Preservation Commission advises also. Chacko asked about the possibility of having a budget for the Commission. Dietz said we have never had a budget for energy conservation measures or rebates. Stovring said we have done environmental education for water conservation issues but there is direct funding for this through water or stormwater utility funds. Dietz suggested the Commission could ask the Council for money if you have ideas of things to spend money on when you get into the work plan. He noted any such recommendations would have to be made in synch with the budget process, and the next opportunity will be next spring for the 2010 budget preparation. Conservation Commission October 14, 2008 Page 9 Chacko asked about the thermostat rebate the Commission discussed and noted it sometimes seems like we are doing work without a purpose. Stovring said she sent emails to Mr. Dietz and Mr. Neal with the idea of subsidizing $50 of the cost. Dietz said there is no budget for that. If the recommendation is that we should do something like that instead of something in the McKinstry budget,he thought that would be okay. Stovring thought we might do a trial project. Dietz said we don't have a contingency fund in the Public Works budget, everything is allocated to something. Chacko asked how the appliance rebate gets funded each year. Stovring said that is a water conservation initiative and comes out of the water utility fee budget. Dietz said the Commission should develop a number for the rebates when the work plan is developed. Daniels said we wanted to make Mr. Dietz aware the Commission is looking for money and would like to have a budget. The problem would be allocating a certain amount in the 2010 budget for projects without knowing what we would need. Dietz said the Commission would have to say what we want. He said we collect surcharge dollars on water bills, but we don't have a similar surcharge for electric or natural gas. Mosman noted one of the ideas suggested was asking people on the upcoming City survey about their willingness to add $1.00 to their utility bill for energy conservation initiatives. Stovring said that was one potential idea on how the City could get funding for an energy conservation program. Dietz wasn't sure that was included in the survey. Daniels asked if we would be required to calculate very specifically how the $5,000 budget item would be used to promote energy efficiency. Dietz thought the Commission could state the kinds of things to be done and put $5,000 for thermostat rebates into the work plan. Stovring thought we could include an item to develop a rebate program for 2009 and ask for that amount. Chacko asked if other commissions have a budget. Dietz said he did not think any other commission has money. Discussion Summary Dietz said we have seven things here and that is a lot. He suggested talking to other communities to see what they are doing and then advocating for those things here. The City Council is the policy making body and the Commission reports to them. Daniels asked if we have that power. Dietz said you can recommend to the Council to do something if it is well thought out and it is specific and attainable. He said the Commission's role is to figure out what should be done and then advocate for it. Conservation Commission October 14, 2008 Page 10 Dietz stated he was concerned about the number of items within the charter and how the Commission might get spread thin, making it difficult to get it all done. MacMillan thought we could just pick one item to work on at a time while leaving long-term flexibility for the Commission. Mosman said we are a new commission and are forging new ground. We are being very broad, but that doesn't mean we have to do everything each year. Chacko thought we have definitely made some improvements. Stovring suggested staff put together a rough outline and distribute it for the final draft. Commissioners would then finish that part at the next meeting and then start work on the work plan. 2. 2009 Work Plan Discussion Continued to next meeting. V. REPORTS FROM STAFF A. Winter Newsletter Stovring said the newsletter was shifted to November so there is still time for someone to write an article for it. She thought we might want to do something on storm water quality. Chacko asked what she would want on that. Stovring thought we could talk about the goose management plan and noted Steve McComas has finished the sampling at Round Lake. The Nine-Mile Creek Watershed District is finishing the projects for the lakes, and we could do an update on that. Jester volunteered to do an article and asked when the deadline is. Stovring said she would need it by the beginning of next week and it should be about a half page long. VI. REPORTS FROM CHAIR VIL OLD BUSINESS VIII. NEW BUSINESS IX. INFORMATIONAL MATERIALS/HANDOUTS/COMMUNICATIONS A. Conservation Commission Charter B. 2008 Work Plan C. U.S. Mayors Agreement X. UPCOMING EVENTS XI. NEXT MEETING Conservation Commission October 14, 2008 Page 11 A. November 18,2008 Stovring noted this is a change in the schedule because Veterans Day falls on the second Tuesday this year. XII. ADJOURNMENT MOTION: Daniels moved, seconded by MacMillan, to adjourn. Motion carried 6-0. Chair Chacko adjourned the meeting at 9:05 PM.