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12/11/2012 - Energy and Environment Advisory CommissionENERGY & ENVIRONMENT ADVISORY COMMISSION Tuesday, December 11, 2012, 6:30 pm North Water Treatment Plant Tour North Water Treatment Plant 3419 Coachman Point 6:00 p.m. – 6:30 p.m. Agenda I. Call to Order and Pledge of Allegiance 6:30 pm II. Adopt Agenda 6:35 pm III. Approval of Minutes of Regular Meeting of October 9, 2012 6:37 pm IV. Visitors to be Heard 6:38 pm V. Subcommittee Updates 6:40 pm A. Ordinance Related to Renewable Energy B. PACE/Funding for Renewable Energy and Energy Efficiency C. Water Conservation D. Rate Schedule Licensed Waste Haulers E. Communications 1. Pumpkin Recycling Flyer 2. Shoe Recycling Flyer VI. Staff/Commission Report 7:00 pm A. Energy Savings from McKinstry B. Rebates expected from Dakota Electric C. 2012 Update of Hybrid vs. Gas Vehicles D. ECC Food Recovery Challenge Achievements E. City Drop-Off Sites for Recycling CFL Bulbs F. ULI Public Indicators Report G. Research Gas Powered Generator Emissions and New Regulations H. CDA Weatherization Plus Program VII. Old Business 7:15 pm A. GreenSteps City VIII. New Business 7:20 pm A. Active Living B. Coal Tar Sealers IX. Presentations 7:40 pm A. Jon Eaton, Superintendent of Utilities, Water Conservation & Water Infrastructure Planning X. Roundtable 8:25 pm XI. Adjournment 8:30 pm The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities, and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for disabled persons wishing to participate are available upon request at least 96 hours in advance of the event. If a notice of less than 96 hours is received, the City will attempt to provide the aids. NEXT ENERGY & ENVIRONMENT ADVISORY COMMISSION MEETING: TUESDAY, FEBRUARY 12, 2013 TO: THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION (EEAC) FROM: JULI SEYDELL JOHNSON, DIRECTOR OF PARKS AND RECREATION DATE: DECEMBER 11, 2012 SUBJECT: ENERGY AND ENVIRONMENT ADVISORY COMMISSION MEETING DECEMBER 11, 2012 A tour of the North Water Treatment Plant, 3519 Coachman Point, will be provided for the Energy and Environment Advisory Commission (EEAC) prior to the regular meeting from 6:00 pm to 6:30 pm. A meeting of the Energy and Environment Advisory Commission (EEAC) will take place on Tuesday, October 9 at 6:30 p.m. in the City Council Chambers. To ensure that a quorum is present, please contact Juli Seydell Johnson at 651-675-5006 or jsjohnson@cityofeagan.com if you are unable to attend this meeting. I. PLEDGE OF ALLEGIANCE AND ROLL CALL II. ADOPTION OF THE AGENDA The agenda, as presented or modified, is in order for adoption by the Commission. III. APPROVAL OF MINUTES Pages 3-6 The minutes of the October 9, 2012 EEAC meeting, these minutes, pending any modifications, are in order for adoption by the Commission. IV. VISITORS TO BE HEARD The Eagan City Council and its Commissions set aside up to ten minutes at the beginning of public meetings to permit visitors to address items of interest that are not addressed on the regular agenda. Items that will take more than ten minutes or that require specific action can be scheduled for a future meeting agenda. V. SUBCOMMITTEE UPDATES Pages 7-10 A. City Ordinances Related to Renewable Energy (Amir, Jon, Mike) 1. Low Maintenance Landscaping - City Council directed City Attorney to draft ordinance changes (11-20-12). City Attorney has EEAC and City Staff recommendations and is working on revisions. Revised ordinance will be returned to EEAC in early 2013 for review and recommendation. 2. Solar - The City has been approved for technical assistance from the Minnesota Solar Challenge. Intake forms have been completed, Director Johnson and Chief Building Official Schoeppner attend workshop to learn about the program. Verbal update to be provided by Director Johnson. B. PACE Funding for Renewable Energy and Energy Efficiency (Ross, Amir) – Subcommittee and City Staff have been researching possible formats for implementing a PACE program in Eagan. Meetings have included a workshop hosted by Senator Frankin’s office in November, a meeting with Ross Binter to learn about the City of Edina PACE program, meetings with staff from the Dakota County CDA, a meeting with a private consulting firm that specializes in Energy Financing. Contacts are also being pursued with the St. Paul Port Authority and the Center for Energy and Environment. Verbal update by City Staff and Commission Member Amir Nadav. C. Water Conservation (Amir & Ross) – Questions and concerns gathered from EEAC members will be addressed in the presentation portion of the meeting. Energy & Environment Advisory Commission December 11, 2012 Page 1 D. Rate Schedules from Licensed Waste Haulers (Pages 7-8) – Director Johnson to give verbal update - sample form included. E. Communications (Kari, Jon, Tim) (Pages 9-10) – Two flyers included on the agenda. The first one is the pumpkin recycling program at the Eagan Community Center. The second one is the shoe recycling program from Dakota Recycling. A brief review will be provided by City staff during Staff Updates. VI. STAFF/COMMISSIONER REPORT Pages 11-16 - Director Johnson to give verbal updates on items listed below. A. Energy Savings from McKinstry B. Rebates expected from Dakota Electric C. 2012 Update of Hybrid vs. Gas Vehicles (Pages 15-16) D. ECC Food Recovery Challenge Achievements E. City Drop-Off Sites for Recycling CFL Bulbs F. ULI Public Indicators Report G. Research Gas Powered Generator Emissions and New Regulations H. CDA Weatherization Plus Program I. Based on feedback from the August 13 workshop discussion staff will provide an overview of ways in which sustainable education can be incorporated into the 2013 Home and Leisure Show. J. Staff will provide a brief overview of the organics waste pilot program at ECC and Market Fest. The purpose of this session is to provide information to various event centers on how to implement a composting program by sharing the success of the ECC’s project. VII. OLD BUSINESS A. GreenSteps City – City Staff to verbal update. VIII. NEW BUSINESS Pages 17-20 A. Active Living (No Subcommittee) – Director Johnson to review expectations and gather input for February 2013 meeting. B. Coal Tar Sealers (Kari, Jon, Ross) (Pages 17-20) - City Council directed City Attorney to draft ordinance change (11-20-12). EEAC to review proposed model ordinance. Model ordinance can then be sent to the City Attorney. Revised ordinance will be returned to EEAC in early 2013 for review and recommendation. IX. PRESENTATIONS The Commission requested informational presentations covering several areas of interest during their goal setting meeting in August. A. In response to that request the presentation will be from Jon Eaton, Superintendent of Utilities, he will update the commission on the use of Water and Sewer Utilities and other initiatives throughout the city. Copies of the presentation will be available for Commission members after the meeting. X. ROUNDTABLE The Roundtable is scheduled as an opportunity for Commissioners to ask questions, make requests for future agenda items, or provide informative updates to the Commission pertaining to energy and environment initiatives. XI. ADJOURNMENT /s/Juli Seydell Johnson Director of Parks and Recreation Energy & Environment Advisory Commission December 11, 2012 Page 2 EAGAN ENERGY AND ENVIRONMENT ADVISORY COMMISSION MEETING MINUTES OF REGULAR MEETING October 9, 2012 A regular meeting of the Eagan Energy and Environment Advisory Commission was held on Tuesday October 9, 2012 at 7:00 p.m. Those present were Amir Nadav, Jeff LeClair, Jon Drucker, Kari Palmer, Michael Wisniewski, Tim Harder and Ross Bintner. Staff present was Juli Seydell Johnson, Director of Parks and Recreation, Eric Macbeth, Water Quality Resource Manager, Cherryl Mesko, Superintendent of Operations, and Amy Grannes, Office Supervisor, along with guest speakers Bruce Anderson and Lisa Henning from Dakota County Community Development Agency (CDA). AGENDA Director Seydell Johnson stated there are no changes to the agenda. Member Drucker moved to approve the agenda as presented, Member Harder seconded with all present members voting in favor. MEETING NOTES OF SEPTEMBER 11, 2012 MEETING Member Nadav recommended the following changes: Page 4 under New Business, second paragraph, last sentence strike “he will be gathering State guidelines” and replace with “indicated that technical assistance is available from the State”. Page 5, third paragraph, strike the word “discussed” and replace with “inquired about” and Page 5 under Subcommittee Updates, strike the word “renewal” and replace with “renewable”. Member Palmer recommended the following change on Page 4 under New Business, paragraph 5, replace the Coal Tar Subcommittee Member “Drucker” to Member “LeClair”. Member Harder moved, Member Palmer seconded with all present members voting in favor to approve the September 11, 2012 minutes as amended. VISITORS TO BE HEARD There were no visitors to be heard. PRESENTATIONS Weatherization Plus Pilot Program –CDA Bruce Anderson and Lisa Henning from the Dakota County Community Development Agency (CDA) provided a presentation on the new Weatherization Plus Pilot Program. The program was designed to offer energy conservation techniques for households in the 50%-80% AMI to receive federal weatherization assistance in the form of a forgivable loan. The pilot program is funded by Community Development Block Grant (CDBG) funds with $80,000 available for participants. This program will seek applicants in November and will start in January of 2013. The presentation highlighted several components of the program that were included in the EEAC packet by the CDA. Following the presentation there were several questions raised by Commission Members. Regarding a question about the average amount of each loan, the CDA representatives responded Energy & Environment Advisory Commission December 11, 2012 Page 3 that the average weatherization per home has been approximately $6,600. Regarding how and by whom the audits are conducted, the CDA representatives responded that they contract out the energy audits and subsequent improvements. Regarding a question about data that might be available to demonstrate savings in dollars, the CDA representatives responded that that information is not currently available but may become available in the future. Regarding a question about the percentage of loans that are forgiven, the CDA representative did not have that information readily available but said they would follow up with the EEAC. Since this program is offered in both Eagan and Rosemount a question arose about how it was decided which community would receive funding. The CDA representatives noted that Eagan had committed $80,000 of CDBG grant funds and those funds would be used only in Eagan; adding that Rosemount had committed a different amount that would be kept in that community. The CDA representatives were asked if they would be able to provide some pricing ranges and guidelines for residents that might be interested in implementing energy improvements in their homes but not necessarily as part of this program. CDA hoped to provide some of that information as a follow up to the EEAC. Regarding a question about administrative fees associated with this program, the CDA representatives responded that the fee would be approximately $10,000 leaving $70,000 available for actual improvements to homes. Rain Gardens and Other Initiatives Eric Macbeth, Water Quality Resource Manager, provided a presentation on rain gardens and other water conservation initiatives. The presentation included information on rain gardens and wetlands. The City currently has 100 rain gardens and they are conducting research for more future locations. Following the presentation there were several questions raised by Commission Members. Regarding a question about the typical cost of installing a rain garden, Water Quality Resource Manager Macbeth responded that the average size is 225 square feet surface area, 6000 gallons of water cost $6,800 about $30 a square foot. Regarding what effects does salt, deicer, and coal tar runoff have on our lakes, Water Quality Resource Manager Macbeth responded there is no specific study on this at this time. Regarding what is the primary purpose of a rain garden, Water Quality Resource Manager Macbeth responded to reduce direct runoff into our lakes and wetlands. Regarding the Blue Thumb program, Water Quality Resource Manager Macbeth responded it is a program designed to help educate homeowner in how to install a rain garden. OLD BUSINESS Director Johnson briefly discussed the EEAC work plan memo prepared for City Administrator Hedges and Department Directors. This memo outlined the status of each item on the current work plan for the Energy and Environment Commission and the level of connectivity with various other city departments. There was no required action by the Advisory Commission at this time. NEW BUSINESS Director Johnson introduced information on the GreenSteps Cities workshop on November 9, 2012 from 9:00 a.m. to 11:30 a.m. at the League of MN Cities office in St. Paul. The workshop will focus on solar permitting and zoning and introduce the Minnesota Solar Challenge program. Director Johnson will be attending with Dale Schoeppner, Building Official and Commission Members were invited to attend. Energy & Environment Advisory Commission December 11, 2012 Page 4 SUBCOMMITTEE UPDATES A. City Ordinances Related to Renewable Energy (Amir, Jon, Mike) – Director Johnson stated a meeting was conducted with Community Development, Code Enforcement and the City Clerk’s office staff is currently evaluating information and there may be further discussion at the December 11, 2012 meeting. Member Nadav commented that the next piece this subcommittee will work on is solar energy. Director Johnson indicated that more information on this topic would be forthcoming at the workshop in November. B. PACE Funding for Renewable Energy and Energy Efficiency (Ross, Amir) – Director Johnson stated she will meet with Member Bintner to review the City of Edina’s PACE program. The City’s program will likely be modeled after Edina’s and staff is currently reviewing how that program might work in Eagan. Follow up discussion will occur at the December 11, 2012 meeting. C. Water Conservation (Amir & Ross) – Director Johnson indicated this item will appear on the December 11, 2012 workshop agenda, which will start at the North Water Treatment Facility. Jon Eaton, Water Superintendent and Russ Matthys, Director of Public Works, will provide background information on the new wells being proposed as well as general water conservation information specifically requested by the Commission. Commission Members were asked to provide topics and questions to Director Johnson in the next two weeks so that information could be shared with the Director of Public Works in order to prepare for a meaningful work session. D. Active Living (No Subcommittee) - Meeting to be coordinated by staff for February 2013. E. Coal Tar Sealers (Kari, Jon, Ross) – Director Johnson provided background information to the Commission. Member Palmer commented briefly on next steps to address the potential elimination of coal tar sealers. The subcommittee will plan to meet in November, hopefully with the Public Works Department in order to bring a recommendation back to the Commission for consideration in December. F. Publication of Existing Tiered Rate Schedules from Licensed Waste Haulers – Director Johnson indicated that she has met with City Clerk Scipioni to review the recommendation from the Commission. A staff report should be available to the Commission by the December meeting. G. Communications (Kari, Jon, Tim) – Director Johnson provided a document to the Commission that lists the different communication channels available through City sources along with guidelines for each. Member Nadav made a couple of recommendations for future communications; promote the CDA Weatherization Plus program once it goes live, promote information on the GreenSteps Cities program, and provide public education on the initiatives the EEAC has been working on. Director Johnson reminded the Commission that staff would be happy to post information that they specifically request and provide. Energy & Environment Advisory Commission December 11, 2012 Page 5 Director Johnson also shared information about a pumpkin recycling drop off this year at the Eagan Community Center on Saturday November 3rd from 9:00 a.m. to Noon. STAFF/COMMISSIONER REPORT Cherryl Mesko, Superintendent of Operations, spoke briefly on two items for the Commission. The first item responded to the EEAC request to provide sustainable and environmentally friendly opportunities at the Home and Leisure Show. Superintendent Mesko noted that staff is working to set up presentations and presenters that will focus on sustainability education. Some of those opportunities and ideas for presentations will be shared at the December meeting. The next update focused on the status of the compost/recycling project at the Eagan Community Center (ECC). Recycling grant dollars were re-allocated by a recommendation from the EEAC to the City Council to launch this pilot program. Grant dollars allowed for the purchase of sorting containers, compostable bags, and organic waste removal. The program has been very successful and was implemented at Market Fest also this year. Member Nadav stated he had observed the composting pods being staffed at Market Fest and opined that was a great way to educate the community; and create great volunteer opportunities next year. Member LeClair asked if thought was given to adding other locations in the future. Superintendent Mesko responded they are considering incorporating this program at Cascade Bay next summer. Director Johnson also noted that because of the success, this program in now part of the 2013 operational budget. Member Nadav suggested partnering with Dakota County Recycling and offering a composting workshop for residents. Also as a future topic Member Nadav suggested having a discussion about the use of compressed natural gas from compostable materials. ROUNDTABLE Member Nadav commented on a recent article regarding Eagan and Burnsville businesses earning excellence awards from the Dakota County Regional Chamber of Commerce for conserving energy and reducing trash. Three Eagan businesses were recognized; Coca Cola Refreshments, International Office Technologies, and Superior Service Center. Member Bintner gave a brief overview of two tours he had the opportunity to take this summer; one to RockTenn paper recycling facility in St. Paul and one at the Shakopee Mdewakanton Sioux Community organics and compost facility. ADJOURNMENT After further brief discussion, Member Harder moved, Member Drucker seconded with all members present voting in favor to adjourn the meeting. The meeting was adjourned at 9:26 p.m. ____________________________ _______________________________ Date Secretary Energy & Environment Advisory Commission December 11, 2012 Page 6 To: Energy and Environment Advisory Commission From: Juli Seydell Johnson, Director of Parks & Recreation Date: December 6, 2012 Subject: Subcommittee Updates  Residential Hauler Rate Reporting Update Licensed residential trash and recycling haulers have received a new application form for their 2013 license renewal. Attached on page 8 is a page of the license renewal form that provides a uniform rate reporting format for all residential haulers. The form also reminds haulers they are required to update the City when they institute new rates. A new “Recycling & Garbage” page on the City’s website has been created to give residents easier access to frequently asked recycling and garbage questions. After all renewals have been processed, the forms for all seven residential haulers will be posted on the City’s website and on Dakota Valley Recycling’s website. Energy & Environment Advisory Commission December 11, 2012 Page 7 Garbage, Refuse and Recycling Hauler License Application Residential Applicants Name of Company _______________________________________________ Phone Number ______________________________________ Rate Schedule (please do not attach a separate sheet): Container Size Rate (please note monthly or quarterly) Per City Code, residential haulers must offer at least three levels of service, priced on the basis of volume or weight. Haulers are prohibited from charging a greater rate to customers who recycle. City Code requires haulers to notify the City if rates change during the licensing period. Rate information is classified as public and will be posted on the City’s website. Certification of Service I, ___________________________ (name of applicant), hereby certify that ___________________________________ (name of company) services at least 250 residential customers within the City of Eagan. __________________________________ ____________________ Signature Date Energy & Environment Advisory Commission December 11, 2012 Page 8 Pumpkin Recycling Drop-Off Bring your pumpkin to the Eagan Community Center parking lot— 1501 Central Parkway Kids! Drop off a pumpkin and get a treat! Saturday, November 3, 2012 9:00 AM—12:00 Noon It’s FREE and good for the environment! *Pumpkins will be recycled at a special composting facility. All candle wax must be removed. Painted pumpkins will not be accepted. Questions? Call Dakota Valley Recycling at 651-675-5011 or go to www.DakotaValleyRecycling.org Thank you to: Dick’s Sanitation, the Eagan Community Center, Dakota County Board of Commissioners and the Minnesota Pollution Control Agency Energy & Environment Advisory Commission December 11, 2012 Page 9 WHAT: For America Recycles Day, residents of Apple Valley, Burnsville and Eagan will be able to recycle shoes at NO CHARGE for one week only. All types of shoes, in any condition, are acceptable. Shoes will be collected by USAgain and either collected for reuse or recycled into new products. In 2011 Eagan, Burnsville and Apple Valley residents kept 2.4 tons of shoes from going to the landfill by recycling them! WHEN: ONLY Monday, November 12 through Sunday, November 18, 2012 WHERE: Drop-off containers will be located at the following facilities: Apple Valley Community Center 14603 Hayes Rd Container located outside of building Burnsville Ice Center 251 Civic Center Pkwy Container located outside of building Eagan Civic Arena 3870 Pilot Knob Rd. Container located inside of building Hours: daily 8am-8pm For more information, contact Dakota Valley Recycling at 952-895-4511 or visit online at www.DakotaValleyRecycling.org Energy & Environment Advisory Commission December 11, 2012 Page 10 To: Energy and Environment Advisory Commission From: Juli Seydell Johnson, Director of Parks & Recreation Date: December 6, 2012 Subject: Staff Updates  Government Buildings Energy Enhancement Project. A recent evaluation of energy conservation improvements made to City-owned facilities has determined that the City saved $55,920 in energy costs during the past year. In 2009, the City was awarded a Federal Stimulus grant to implement energy conservation upgrades and modification and hired McKinstry for the implementation of several projects at select City facilities including the Municipal Center, Community Center, Maintenance Facility and Fire Stations. A requirement to retain the guaranteed savings provisions was that McKinstry conduct an annual measurement and verification evaluation at the discretion of the City. The first year’s measurement and verification exceeded the original projection of $36,980 and the second year estimated savings of $55,920 is approximately $18,940 over the original guaranteed savings. It should be noted that quantifying actual energy consumption for the purpose of comparison beyond costs is difficult because of the high variability in the annual level of use at each building.  Dakota Electric Rebates City Staff is currently reviewing 2012 projects that might have qualified but may have been overlooked for energy rebates as well as potential projects that could still be completed this year and would be eligible for rebate(s). Some of the projects that have been completed that are currently being considered for rebates include moving from 13 physical servers to 2, which resulted in significant reduction to the UPS load; integrating LED lighting in several smaller projects or buildings throughout the city; and replacing a roof top unit at City Hall. Projects being reviewed for possible implementation yet this year include, replacing the Uninterrupted Power Source (UPS) that serves City Hall, upgrading lighting in the Council Chambers and getting a cost estimate to place LED lights in the municipal center parking lot. While all of these projects may not be completed in 2012 it gives the City a guide for future projects and a more consolidated approach to projects and rebates has emerged.  2012 Update of Hybrid vs. Gas Vehicle Experience A memo from Deputy Police Chief Jeff Johnson is attached on pages 15-16 that provides an overview of the City’s experience in using hybrid vehicles as part of their fleet. Energy & Environment Advisory Commission December 11, 2012 Page 11  ECC Food Recovery Challenge Achievements The City was notified on November 15 that they will be receiving an award from the EPA for their efforts in diverting food from landfills. The project at the Eagan Community Center was part of an EPA grant sponsored model-based program managed by MnTAP during the latter part of 2011. In 2012, through re-allocation of $5,900 in recycling funds, the implementation of a pilot program was launched with very successful results in the first 30 days. The composting project implemented at the Eagan Community Center was featured in a local seminar and has drawn a good deal of interest by other mid-size event centers in the EPA’s Region 5. EPA Region 5 identified a total of six achievement award recipients. The City of Eagan, Minnesota Twins Baseball Club-Target Field, and St. Paul River Centre/Xcel Energy Center were the three Minnesota recipients. The other three recipients are from Rosemont, Ill., Mt. Pleasant, Mich, and Youngstown, Ohio. Follow-up information is expected shortly from EPA Region 5 about this award and that information will be provided to the City Council and Energy & Environment Commission. The news release is included on page14.  City drop-off sites for recycling CFL Bulbs. Compact fluorescent lights, or CFLs last longer and use less energy than incandescent bulbs but they also have to be recycled. Fluorescent lights contain a small amount of mercury inside them, which means they can’t go in the garbage. There are now CFL drop-off bins at two City locations; Eagan City Hall and Eagan Community Center. CFL bulbs of any size or type (no tubes please) can be brought in any time during open hours to these two locations. If a CFL breaks, people are asked to seal the pieces and glass fragments in a sealable plastic bag before bringing it in to recycle.  Shoe recycling. Visitors to the Eagan Civic Arena were encouraged again this year to drop off shoes they no longer used to be recycled. The week-long shoe recycling effort in Eagan, Apple Valley and Burnsville brought in 11,092 pounds of shoes. Dakota Valley Recycling coordinated the program and noted that the previous high collection mark was 6,400 pounds in 2010. For those who missed the shoe recycling in November, REI in Bloomington has a shoe recycling drop off year-round.  Update on ULI – Public Indicators Report The Urban Land Institute has just completed their first draft report of the Regional Indicators Initiative Project; an inventory of energy, potable water, travel, waste, costs and greenhouse gas emissions for twenty Minnesota cities from 2008-2011. Once the report has been finalized it will be shared with the City Council, Energy and Environment Commission as well as the public and can be used as a guide and gauge for future City planning. Energy & Environment Advisory Commission December 11, 2012 Page 12  Update on NESHAP Regulations related to Diesel Generators. City staff has been working with vendor(s) in preparation for an EPA mandate that will take effect May 3, 2013 in which existing stationary diesel generators will need to have emissions control equipment installed to reduce hazardous air pollutants. The retrofits required under this new regulation include the addition of diesel oxidation catalysts and crankcase ventilation systems. There is currently a 1,000 kW, emergency backup generator on the municipal campus that is also used for load shaving, which allows Dakota Electric to control the power load during high use times. There are other generators located at water treatment facilities that may also be subject to this modification. The anticipated cost implications of this mandated enhancement is between $30-50,000.  CDA Weatherization Plus Program The City Council approved an application for FY 2013 Community Development Block Grant funding at the December 4 City Council meeting. The total dollars available to Eagan this year have been reduced by 10% however this reduction was made in CDBG programs other than the Weatherization Plus program. $80,000 was requested to be made available to Eagan residents meeting certain income guidelines for residential weatherization projects. The program will continue to be administered by the Dakota County CDA. Energy & Environment Advisory Commission December 11, 2012 Page 13 Energy & Environment Advisory Commission December 11, 2012 Page 14 Energy & Environment Advisory Commission December 11, 2012 Page 15 Energy & Environment Advisory Commission December 11, 2012 Page 16 A CITY ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS INTRODUCTION AND INSTRUCTIONS: This ordinance contains a number of provisions a city may adopt. A city wishing to adopt this ordinance should review it with the city attorney to determine which provisions are suited to the city's circumstances. A city can modify this ordinance by eliminating provisions that concern activities it does not seek to regulate. The city attorney should review any modifications to ensure they conform to state law. This model ordinance is drafted in the form prescribed by Minn. Stat. § 412.191, subd. 4, for statutory cities. Home rule charters often contain provisions concerning how the city may enact ordinances. Home rule charter cities should consult their charter and city attorney to ensure that the city complies with all charter requirements. If your city has codified its ordinances, a copy of any ordinance regulating the use of coal tar-based sealers must be furnished to the county law library or its designated depository pursuant to Minn. Stat. § 415.021. This ordinance may affect current blacktop sealer practices within the city’s jurisdiction. Therefore, prior to ordinance adoption, the city may want to provide commercial sealer companies, city residents, and other interested persons an opportunity to provide input. Energy & Environment Advisory Commission December 11, 2012 Page 17 ORDINANCE NO. _____________ AN ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS WITHIN THE CITY OF EAGAN, MINNESOTA SECTION 1. PURPOSE. The City of Eagan understands that clean air and material and product safety are an important environmental services that contribute to the general health and welfare of the community. The City of Eagan understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of coal tar-based driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. Further scientific study on the use of coal tar-based driveway sealers have demonstrated a relationship between coal tar sealant use, and elevated concentrations of these carcinogens in the household. The purpose of this ordinance is to regulate the use of coal tar-based sealer products within the City of Eagan, in order to protect the health and safety of its resident and preserve the quality of its waters. SECTION 2. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to coke steel or burn coal. COAL TAR-BASED SEALER. A sealer material containing coal tar (and high levels of PAHs) which is commonly used on driveways, parking lots and other surfaces. CITY. The City of Eagan PAHs. Polycyclic Aromatic Hydrocarbons. PAHs occur in oil, coal and tar deposits, and are produced as byproducts of fuel burning (whether fossil fuel or biomass). PAHs are present in coal tar at high levels. As a pollutant PAHs are of concern because some compounds have been identified as carcinogenic, mutagenic, and teratogenic. Energy & Environment Advisory Commission December 11, 2012 Page 18 SECTION 3. PROHIBITIONS. A. No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City of Eagan. B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the City. C. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City. SECTION 4. ASPHALT-BASED SEALCOAT PRODUCTS. The provisions of this ordinance shall only apply to use of coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. SECTION 5. PENALTY. Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case. SECTION 6. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 7. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. Passed by the Council this ______ day of ______________________, 20_____. _________________________________ Mayor Energy & Environment Advisory Commission December 11, 2012 Page 19 Attested: _________________________________ Clerk Energy & Environment Advisory Commission December 11, 2012 Page 20