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02/13/2018 - City Council SpecialSPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 13, 2018 5:30 P.M. EAGAN ROOM EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD III. POLICE / CITY HALL REMODEL UPDATE IV. EMERALD ASH BORER UPDATE V. SOLAR ARRAY RESEARCH VI. OTHER BUSINESS VII. ADJOURNMENT Special City Council Workshop February 13, 2018 III.Police Department/City Hall Remodel Update Action to be Considered: No action is requested. An informational update on the project will be provided. Facts: Construction on the first phase of the Police/City Hall Remodel is scheduled to begin this May 2018 and run through December 2019. In preparation for the construction, several departments across the City are being relocated to accommodate construction activities, while continuing to provide service to the public. Assistant City Administrator Dianne Miller, along with Parks and Recreation Director Pimental and Deputy Police Chief New, will provide an overview on the timing, staff relocations, and impact to the public and City Council associated with this project. Attachments: (1) III-1 Police/City Hall Remodel Update, Power Point Police/City Hall Remodel Update City Council Workshop February 13, 2018 Project Phases Phase A (March-April 2018) •Construction and Prep for Police Move (secure front counter, temp locker rooms, etc.) Phase B (May 2018-February 2019) •Police Garage, Training Room, Police Offices and Police Addition Phase C (March-December 2019) •City Hall Offices and City Hall Addition Staff Locations During Project Fire Station #2 (March 2018-December 2019) •Administration, Human Resources, and City Clerk •Communications •Finance •Parks and Recreation Director and Recreation Supervisors Staff Locations During Project Eagan Community Center (Permanent Move) •Parks and Recreation Clerical Staff and Assistant P&R Director •All P&R Services provided: class/event registrations, rentals, Cascade Bay passes, dog licenses, etc. Staff Locations During Project Fire Station #4 (February 2018-December 2019) •Information Technologies Staff Locations During Project City Hall (Phase B: May 2018-Feb 2019) •Police (2nd floor) •Community Development •Public Works •Utility Billing and Business Licensing Staff Locations During Project Central Maintenance and Utilities (May-November 2018) •All existing staff at these facilities will stay on-site •Central Maintenance office locations within the building will move during construction •Customers visiting Central Maintenance will be redirected to the North Water Treatment/Utilities building •GIS Team to be housed at Utilities Phase A and B Timeline and Key Dates •Feb 12: Parks and Recreation services provided at the Eagan Community Center •Feb 12: IT Team moves to Fire Station 4 •March 16: 2nd floor City Hall moves to Fire Station #2 •March 20: Council considers contract award •March-April: Construction on 2nd floor and basement to prep for Police move •April 16-23: Police move to 2nd floor of City Hall •April 24: Police operational at City Hall •May 1: Construction begins on Phase I (Police garage, training room, and Police offices) •Feb 2019: Phase I complete; Police move into new offices Phase C Timeline and Key Dates •March 2019: Community Development and Public Works Staff moves into training room and surrounding area •March 2019: Construction begins on City Hall •December 2019: Construction is complete! All City Hall staff move back into remodeled space Service Impacts to the Public During Construction •Parks and Recreation services permanently moved to ECC •City Hall remains open to the public during construction •The Eagan Room is unavailable for community rentals from May 2018-December 2019 •All staff phone numbers and emails will remain the same •Parking for City Hall and Police Services will be limited to one lot (elevator will be available when 2nd floor is open) •Utility Drop Box will be moved to the upper parking lot from May 2018-February 2019 Service Impacts to the Public During Construction •Prescription Drug Drop Box to temporarily close through February 2019 (citizens will be directed to County Sheriff’s website for other drop site locations) •No Police Citizen’s Academy in 2018 •Absentee and Early voting to take place at Fire Station #2 •Voters in Precinct 6A will vote at the Library in 2018 (as opposed to the Civic Arena). Voters in Precinct 3 will vote at Trinity Lone Oak Church (as opposed to Fire Station No. 2) •Candidate filing available at City Hall Impacts to the City Council •City Council meetings will continue to take place in the Council Chambers throughout the project •City Council workshops: •May 2018-February 2019: workshops to take place in the Eagan Room •March-December 2019: workshops to take place in Council Chambers •Advisory commissions will utilize the Council Chambers and new training room (beginning February 19) •During Phase B (May 2018-Feb 2019): Parking will be available upstairs only •During Phase C (March-December 2019): Parking will be available downstairs only Questions? Police/City Hall Remodel Update City Council Workshop February 13, 2018 Project Phases Phase A (March-April 2018) •Construction and Prep for Police Move (secure front counter, temp locker rooms, etc.) Phase B (May 2018-February 2019) •Police Garage, Training Room, Police Offices and Police Addition Phase C (March-December 2019) •City Hall Offices and City Hall Addition Staff Locations During Project Fire Station #2 (March 2018-December 2019) •Administration, Human Resources, and City Clerk •Communications •Finance •Parks and Recreation Director and Recreation Supervisors Staff Locations During Project Eagan Community Center (Permanent Move) •Parks and Recreation Clerical Staff and Assistant P&R Director •All P&R Services provided: class/event registrations, rentals, Cascade Bay passes, dog licenses, etc. Staff Locations During Project Fire Station #4 (February 2018-December 2019) •Information Technologies Staff Locations During Project City Hall (Phase B: May 2018-Feb 2019) •Police (2nd floor) •Community Development •Public Works •Utility Billing and Business Licensing Staff Locations During Project Central Maintenance and Utilities (May-November 2018) •All existing staff at these facilities will stay on-site •Central Maintenance office locations within the building will move during construction •Customers visiting Central Maintenance will be redirected to the North Water Treatment/Utilities building •GIS Team to be housed at Utilities Phase A and B Timeline and Key Dates •Feb 12: Parks and Recreation services provided at the Eagan Community Center •Feb 12: IT Team moves to Fire Station 4 •March 16: 2nd floor City Hall moves to Fire Station #2 •March 20: Council considers contract award •March-April: Construction on 2nd floor and basement to prep for Police move •April 16-23: Police move to 2nd floor of City Hall •April 24: Police operational at City Hall •May 1: Construction begins on Phase I (Police garage, training room, and Police offices) •Feb 2019: Phase I complete; Police move into new offices Phase C Timeline and Key Dates •March 2019: Community Development and Public Works Staff moves into training room and surrounding area •March 2019: Construction begins on City Hall •December 2019: Construction is complete! All City Hall staff move back into remodeled space Service Impacts to the Public During Construction •Parks and Recreation services permanently moved to ECC •City Hall remains open to the public during construction •The Eagan Room is unavailable for community rentals from May 2018-December 2019 •All staff phone numbers and emails will remain the same •Parking for City Hall and Police Services will be limited to one lot (elevator will be available when 2nd floor is open) •Utility Drop Box will be moved to the upper parking lot from May 2018-February 2019 Service Impacts to the Public During Construction •Prescription Drug Drop Box to temporarily close through February 2019 (citizens will be directed to County Sheriff’s website for other drop site locations) •No Police Citizen’s Academy in 2018 •Absentee and Early voting to take place at Fire Station #2 •Voters in Precinct 6A will vote at the Library in 2018 (as opposed to the Civic Arena). Voters in Precinct 3 will vote at Trinity Lone Oak Church (as opposed to Fire Station No. 2) •Candidate filing available at City Hall Impacts to the City Council •City Council meetings will continue to take place in the Council Chambers throughout the project •City Council workshops: •May 2018-February 2019: workshops to take place in the Eagan Room •March-December 2019: workshops to take place in Council Chambers •Advisory commissions will utilize the Council Chambers and new training room (beginning February 2019) •During Phase B (May 2018-Feb 2019): Parking will be available upstairs only •During Phase C (March-December 2019): Parking will be available downstairs only Questions? Agenda Information Memo February 13, 2018 Eagan Special City Council Workshop IV. Presentation Of Emerald Ash Borer (EAB) Challenges, Policy Questions And Recommendations By Forestry Staff Direction For Consideration: This is an informational presentation, with staff desiring to get direction from City Council on several work items that will help coordinate efforts for Urban Canopy sustainability in the wake of EAB infestation. Facts:  In December of 2014, EAB was initially detected in a tree in a campground in Lebanon Hills Park in the city of Eagan.  EAB has had devastating impacts on canopies throughout the Mid-West, in particular in parts of Michigan where percentages of Ash trees were the dominant species of tree.  Eagan has a roughly 20% make up of Ash trees (combined calculation of public, and private trees). Some of the original neighborhoods of the city have a higher than average composition of Ash, and new development having very low composition.  Parks and Recreation staff have coordinated either treatment of quality Ash trees or removal of non-quality Ash trees in our park settings for the last 8 years, as part of their day to day urban canopy care.  The Streets Division, under the Public Works Department, have coordinated Ash Tree removals within the public right of way, at the rate of approximately 100 trees per year, for the last several years.  Recently a more alarming rate of infestations has been found in areas all over the City.  In order to address this issue, staff have identified the following policy questions for City Council: o What level of enforcement does the City take on personal property EAB infestations? o Does the City extend the same financial cost sharing and tax assessment opportunities currently in place for Oak Wilt and Dutch Elm Disease, for homeowners removing trees on their private properties? o How aggressive do we get with additional resources to treat, or remove Ash trees along the public right of ways? With removals, do we consider replacements? o What level of removal do we coordinate for our native open space areas that would not impact trails or other park users? Attachments: (1) IV.-1 Presentation materials from Forestry staff 1 | Page City Council Workshop Packet February 7, 2018 Emerald Ash Borer ----------------------------------------------------------------------------------------------------------------------------------------- Eagan 2018 The graph above indicates the typical “time-proven” trend of how EAB infested trees will succumb to infestation and death. The “Years After First EAB Infestation” axis actually correlates to the current year date (i.e. “8 = 2018”). Thus, by the year 2023 (13 on the graph x axis) Eagan can expect to have almost complete infestation of our ash trees. Only those ash trees that have been chemically protected will survive. 2 | Page Table of Contents Things to be aware of as you read this report 3 Emerald Ash Borer – General Information and History 4 Map – Emerald Ash Borer Confirmed Sites In Eagan 6 Ash Tree Population In Eagan 7 City Ordinance – Shade Tree Disease Program 9 What are other neighboring cities doing with EAB? 10 Are there any grants available for EAB management? 11 Policy Recommendations 12 3 | Page Things to be aware of as you read this report . . . Emerald ash borer population is now rapidly increasing in Eagan. If left untreated most, if not all of our ash trees, public and private, will die and need to be removed. The city tree inspector (TI) position, as it is currently funded (6-month) will not be able to keep up with the demand for EAB related diagnosis and consultation. Can we increase TI position availability? Our current Shade Tree Disease ordinance needs revision to include EAB management. Should the City of Eagan require removal of EAB infested trees on private property? (to reduce inevitable biological and physical hazards)? Will the city provide financial assistance to private property owners, residential or commercial, to manage ash trees on their land? (Removal and/or treatment)? 4 | Page Emerald Ash Borer General Information and History EAB source EAB is native to eastern Asia but was discovered in Detroit, Michigan, and Windsor, Ontario, in 2002. Indications are it may have been introduced via pallets and wood packing material arriving on cargo ships to this area as early 1990. As of January 2018 EAB has spread all the way to the east coast and as far west as Colorado (see map of US below). In addition to its natural spread of 1 to 2 miles per year, EAB has been spread in ash firewood, nursery stock and possibly other ash materials to a number of new areas. In just 15 years EAB has spread half way across the country. Why should we care about EAB? All ash trees species are susceptible to EAB and millions of ash trees have been killed in infested areas in the US already. Minnesota has the highest volume of ash trees of all states in the US. The City of Eagan fortunately has a relatively low percentage of ash trees in publicly maintained areas, however timely management is still critical. More critical here is the management of ash trees on private land as the percentage of ash trees in private land is much higher. EAB History in Minnesota On May 14, 2009, emerald ash borer (EAB) was first confirmed in Minnesota in the South Saint Anthony Park neighborhood of St. Paul. Because EAB has been proven to be a serious invasive tree pest, a quarantine has been placed to help slow the spread of EAB to other areas. EAB History in Eagan Confirmed EAB Detections in North America 5 | Page Eagan's first case of EAB was found by the Minnesota Department of Agriculture (MDA), within the Lebanon Hills Regional Park campground on December 24, 2014. Approximately 12 trees were affected due to infested firewood brought in by camper. County crews removed all infested trees. Investigation of these infested trees by the MDA suggests that the EAB insect had been inside these trees for several years, growing in population until outward symptoms became visible. No new infestations were documented in Eagan during 2015 and 2016 (however, past EAB research indicates that the EAB population was growing during these years in nearby trees). During 2017 city forestry staff has documented the presence of EAB at seven different locations in Eagan. Now in 2018 EAB symptomatic trees are showing up at a rapid pace. Staff expectes to see hundreds of trees infested throughout the year. The following is a list of these sites. 1. March 24, 2017 – Forestry staff examined the ash trees on a private property on Karis Way and found evidence of EAB. The infestation of five EAB trees was confirmed by the MDA. 2. March 30, 2017 – Forestry and MDA staff surveyed the Karis Way neighborhood and the area just north of 2014 Lebanon Hills campground infestation and discovered EAB symptoms on approximately 75 ash trees (all on private property). 3. June 6, 2017 – EAB found at Gemini Road & Lexington Avenue. 4. June 29, 2017 – EAB found north of Bur Oaks (near Hwy 55), and at Pilot Knob Rd (south of Lone Oak Rd). 5. July 21, 2017 – EAB found on Hickory Lane (north of Cliff Rd, east of Johnny Cake Ridge Rd.) 6. October 17, 2017 – EAB found near Blackhawk Rd & Riverton and Blackhawk Rd & Davenport Ave. 7. December 15, 2017 – EAB found near Pilot Knob and Yankee Doodle Rd on ash trees at The Intergenerational Learning Center. 8. January 10, 2018 – Seven new EAB sites identified today, plus one existing site (near 3M on Lexington Ave) now has many more newly infested trees. New sites are along Shields drive, residence at 3180 Pilot Knob Rd, residence at 3305 Lexington Ave., Weedman business at 1771 Yankee Doodle Rd., Transport America business at 3331 Terminal Drive, BCBS site at 1800 Yankee Doodle Drive, and BCBS site at 1750 Yankee Doodle Drive. In all there are dozens of ash infested (if not hundreds) at these new sites. 9. January 29, 2018 – Twelve new or expanded EAB sites were identified. New sites were in the Forssa Way neighborhood, and in the MVTA parking lot at Blackhawk Road and Cliff Road. Please refer to the map on the next page showing dated EAB infestations within the City of Eagan. 6 | Page Emerald Ash Borer Confirmed Sites – Eagan Map was hand updated January 2018. 7 | Page Ash Tree Population in Eagan Public trees Trees in Parks The good news here is that of the 6,285 trees growing in maintained areas of our parks only 564 (9.0%) of them are ash trees. This is a relatively low percentage and one that is somewhat manageable. Staff is currently removing and replacing about 25-35 low quality park ash trees per year, and chemically protecting 120 high value park ash trees. This represents over 25% of our park ash trees being managed for EAB. This percentage will need to increase as EAB becomes more abundant. Also staff has concerns about “boundary ash trees” (ash trees growing near enough to private property where if the tree or tree branches fell they would land on private property) and ash trees growing along park trails in more “natural areas” in city (i.e. Patrick Eagan Park). As these trees become infested they will die and need to be removed to prevent them from falling on private property or on publically used trails and recreational areas. Trees in Public Facilities As with the park trees there is also good news here. Of the 1,206 trees growing in public facilities (Community Center, City Hall, Fire Stations, etc.) only 42 (3.5%) of them are ash trees. These ash trees can be easily managed through removal and replacement and\or chemical protection. Trees in Boulevards Of the 14,493 trees growing in boulevards only 3,052 (21.1%) of them are ash trees. This is a relatively low percentage as many municipalities have over 50% ash trees in boulevard areas. Street Department staff are currently removing about 150 low quality boulevard ash trees per year. In addition park staff is also chemically protecting 18 high value park ash trees (treatment began in 2011 during a federal grant program to remove, replant, and protect specified boulevard ash trees). However, only removing 150 ash trees per year will require a time frame of 20 years for complete management. This is too long of a time period, therefore the number of boulevard ash trees removed per year will need to increase as EAB becomes more abundant. The most likely scenario for boulevard ash tree management concerning how many trees would need to be removed per year to effectively manage EAB infestations would be to remove 50% of boulevard ash within the next 5 years (3,052 trees x 50%) = 1,526 ash trees over 5 years = 305 trees/year. This is obviously more than Street Dept staff can handle with present staffing. An option here is to contract out the balance of ash trees needed to be removed per year (305 trees/year – 150 trees removed by Street staff = 152 trees by contractor). A removal cost per average Eagan blvd ash tree (20” diameter) is $525 per tree (obtained from discussions with local tree abrorists). This resulting cost would be 152 ash trees per year x $525/tree = $79,800. This amount would need to be 8 | Page added to the existing Public Works budget. Staff is proposing that for the 2019 year funds for this contractual removal come out of the current development related Tree Mitigation Fund (9001.2120). For the years 2020 to 2023 funds should be placed into Public Works budget. Management for the remaining 50% of boulevard ash trees that are not removed would involve; a) insect protection through chemical injection (if this is contracted out the cost is about $5.00 per diameter inch, or about $100.00 per average Eagan boulevard ash tree), b) tree removal by Eagan resident (some residents in recent past have elected to remove the boulevard tree in front of their house), and simply monitoring the balance of the boulevard ash trees. Private Trees Ash trees growing in private properties represent an entirely different management situation. There presently is no current city performed tree inventory of ash trees located on private property, however, a 2010 MnDNR inventory indicates that in Eagan there are roughly 52,600 live ash trees on private lands. This represents 14.2% of all tree types; third behind spruce (22%) and maple (16%). While this percentage is relatively low, the quantity of ash trees on private land represents a situation that needs addressing. Hundreds of thousands of EAB insects will visit these private ash trees, using them for breeding sites, then after hatching spreading out, resulting in a staggering number of new EAB infestation sites. Once EAB has infested these trees, the trees will die, eventually creating hazardous situations both biologically and physically. Ash trees dying on the interior of private land will create dangerous situations specifically for the Eagan resident who lives at that property, while private ash trees dying on perimeters of private lots will create a physically dangerous situation for users of boulevard trails and adjacent streets as dead ash branches fall to the ground. Because of current available staff, the city does minimal pro-active searching out infested ash trees on private property. As a matter of fact, because of city ordinance restrictions, city staff cannot enter private property without permission of the property owner. However, in 2017 alone, the tree inspector reactively responded to resident requests and visited about 100 private residential properties to conduct an investigation specifically to diagnose for the presence of EAB in their ash trees as well as offer recommendations to homeowners about the prospective costs associated with preventive injections and removal of their ash trees. These types of customer requests will increase dramatically as EAB population and documented infestations increase. To date, the City of Eagan is not requiring the removal of EAB infested trees on private property. Per the recent neighboring city survey on page 9, four of the cities surveyed (Inver Grove Heights, Burnsville, Apple Valley, and Lakeville) either do or will require the removal of EAB infested trees on private property, two cites do not (Mendota Heights and Rosemount). The cities that do require removal have all stated that either their EAB dedicated staff, or their budget had to be increase to handle this increased workload. 9 | Page Ordinance – Shade Tree Disease Program Currently Eagan’s ordinance under Section 10.20 (Shade Tree Disease Control and Prevention) does not address EAB. The issue here is that EAB management options are different than what is required for oak wilt (OW) or Dutch-elm Disease (DED). The current ordiance should be updated to include appropriate EAB management options and to update OW and DED management. Staff recommends editing an available League of Minnesota Cities (LMC) model ordinance to specific Eagan management options. Recommended EAB management could be divided into two classifications: a. Biological threat – Typically year 1-3 of EAB infestation. During these early years of EAB infestation the tree inspector will respond to telephone calls from Eagan residents providing EAB education as well as available management options. The goal here is to reduce biological spread of EAB by initiating management options resulting in either the protection of healthy private ash trees via chemical trunk injection, or the removal (and replacement) of infested private ash trees. Infested ash trees should be removed by May 1 of the year following infestation. The following is an example of EAB management by month: a. October 1 – April 30 = Field identification of Eagan ash tree population. Infested trees identified within this time period shall be removed by May 1. b. May – September 30 = Trees diagnosed as being infested with EAB during this time period should be either chemically treated asap to protect them and kill EAB already within the tree or the tree(s) removed after October 1 (to prevent dispersement of adult EAB leaving these trees). c. May 1 – July 30 = Chemically protect healthy ash trees via chemical injection (this application needs to be conducted when trees are in full leaf). b. Physical threat – Typically years 4-7 after EAB infestation. During these later years (assuming the infested tree was not identified in years 1-3 and therefore the tree was not removed), EAB has already emerged from the infested tree(s) and the goal now is to reduce the physical threat of these completely dead ash trees by prompt tree removal. Because of the ash trees physical characteristic, dead ash wood quickly becomes very brittle resulting in large branches dropping off the tree. This condition will result in dangerous situations for residents, boulevard trail users, and nearby traffic. 10 | Page What are other neighboring cities doing? Forestry staff recently (January 2018) surveyed the six municipalities near Eagan (Inver Grove Heights, Burnsville, Apple Valley, Mendota Heights, Rosemount, and Lakeville) concerning their EAB status, and present and future EAB management activities. As was expected, there is a wide variety in management of EAB. To date, there is no federal or state required protocol for EAB management. There are however recommended EAB management guidelines, but no “required” actions. Basically, each municipality set its’ own policies on how to best handle the EAB crisis. On the next seven pages is a table outlining how each neighboring city manages EAB. In most cases, a multiple-tool management approach is taken involving infested tree removal, replacement where appropriate, chemical tree protection, and lastly a tree monitoring approach of inaccessible ash trees. This is the reasonable approach that Eagan staff has taken since 2009. Additionally, here is some brief information on EAB management in Minneapolis and St. Paul. Minneapolis – Because of political pressure, by policy decision Minneapolis is not doing any chemical treatment of ash trees. They are also NOT requiring the removal of infested ash trees on private property. St. Paul – They are chemically treating some high quality ash trees on public land; removing and replacing ash trees on public land, and at times doing mass removals of boulevard trees. They are replacing some removed ash trees as budget allows. Because of limited staffing and increases infestations they have stopped diagnosing and requiring the removal of infested ash on private land. 11 | Page Are there any grants available for EAB management? The following is a response received from the Mn Department of Natural resources concerning EAB related grants. “At this point there are no grants for EAB management. The MDA (Mn Dept of Ag) may be seeking either bonding grant funds or LCCMR grant funds for EAB management activities. MNSTAC (Minnesota Shade Tree Advisory Committee) has been lobbying the legislature to provide communities with funds to help manage EAB, but so far has been unsuccessful.” Jennifer Teagarden, MnDNR. The following is a response that I received from the MDA on this same question. “Currently I am not aware of any grant dollars available to Minnesota Communities. MNSTAC has championed this issue for several years but have not yet been successful in making state dollars available. Karen Zumach or Jim Vaughan could give you an update on the work they have done on this issue if you are interested. I believe the DNR will try a proposal for community EAB funds this year to LCCMR. MDA tried last year but were unsuccessful”. Mark Abrahamson, Mn Dept of Ag. So, at this time, the answer is NO, there is no funding available to assist with emerald ash borer management. 12 | Page Policy Recommendations Ordinance Revision Staff is recommending the revision of the current ordinance, Sec 10.20 - Shade Tree Disease Control and Prevention to the proposed League of Minnesota Cities (LMC) Shade Tree Pest Control version. Future Forestry Staffing To be able to manage the anticipated work load increase resulting from anticipated EAB population increase staff is recommending to revise current forestry related personnel to include a 30 hour per week, year round tree inspector versus the current 6-month 40 hour per week seasonal employee. Current TI cost = 1,024 hours per year x $17.71/hr = $18,135 per year Proposed 30 hr/week year-round TI cost = 1,560 hours per year x $18.20/hr = $28,392 per year. This results in a budget increase of $10,257 (not including benefits). Staff is recommending operating this year in 2018 with a 6-month tree inspector (as is in the 2018-19 budget). However, a budget adjustment will be required for 2019 and beyond to shift to the proposed 30 hour year-round tree inspector. The following are TI duties that cannot be completed now by a 6 month seasonal TI; - Fall field oak wilt Potential Spore Producer (PSP) checks - Fall office PSP notifications - Process fall/winter cost share applications - Follow-up on required disease tree management - Assist with removal of public PSP trees when other staff is not available - Respond to fall/winter customer requests - Update GIS data in a timely manner - Perform timely (dormant season) EAB field reviews - Seasonal EAB management including Feb/march field diagnosis - Communicate with landowners on EAB infestations - Assist with dormant season buckthorn management/regen control - Monitor and update forestry web site Ash Tree Management in Parks Staff is recommending continuing to manage park ash trees per the following: a. To remove lower quality condition ash trees and replace where appropriate, b. To chemically protect, through trunk injection, high quality ash trees, c. To increase the removal of “natural” ash trees in parks where the tree is close to trails and active use areas, and d. To monitor other ash trees in natural areas (no public presence). 13 | Page Ash Tree Management in Public facilities Staff is recommending continuing to manage public facility ash trees per the following: a. To remove lower quality condition ash trees and replace where appropriate, and b. To chemically protect, through trunk injection, high quality ash trees. Ash Tree Management in Boulevards Staff is recommending to manage boulevard ash trees per the following: a. Increase the removal of poor condition ash trees in boulevards through the use of both city Street Department staff and a tree contractor. Additional Public Works budget will be required for this ($79,800.00 per year, for five years. 2109 funds from Tree Mitigation Fund, 2020-2023 funds from Public Works budget). b. Continue the chemical treatment of select high quality boulevard ash trees. Ash Tree Management on Private Property Staff is recommending to manage private ash trees per the following: a. Increase EAB management forestry staff by converting the existing tree inspector position to a 30 hours per week year round position ($10,257 per year), b. Increase communication about EAB diagnosis and management with Eagan property owners and provide EAB options concerning EAB management of their private ash tree(s). c. Do not require the timely removal of EAB infested ash trees on private property. d. Explore funding through grants available for ash tree management on private land; eligible activities including the removal of infested ash trees, chemical treatment healthy ash trees, and follow-up reforestation efforts. MINNESOTA DEPARTMENT 625 Robert St. N., St. Paul, MN 55155-2538 SOF AGRIGUIXURE wwvv.mda.state.mn.us Arrest the Pest 1-888-545-6684, Arrest.the.Pest@state.mn.us www.mda.state.mn.us/eab Does My Tree Have Emerald Ash Borer (EAB)? --+ If yes, GO TO STEP #3 07 Emerald Ash Borer Japanese Beetle —� If yes, GO TO STEP #5 ` Six -spotted Tiger Beetle Polydrusus Weevil i� ASH TREES HAVE: �l•I —� If yes, GO TO L7 M, -� If no, GO TO STEP #6 Opposite Branching Compound Leaves 5 to Many Leaflets In accordance with the Americans with Disabilities Act, this information is available in alternative forms of communication upon request by calling Do I have EAB factsheet.indd 651-201-6000. TTY users can call the Minnesota Relay Service at 711 or 1-800-627-3529. The MDA is an equal opportunity employer and provider. 03106/2013 --* If yes, GO TO STEP #5 —4 If no, GO TO STEP #6 ---+ Contact Arrest the Pest at. Arrest.the.Pest@state.mn.us 1-888-545-6684 (voicemail) 93 ---� Visit the University of Minnesota Extension "What's Wrong With My Plant" WOODPECKER HOLES •— Woodpeckers like EAB larvae and woodpecker holes may indicate the presence of EAB. BARK CRACKS —> EAB larvae tunneling beneath the bark can cause the bark to split open, revealing the larval galleries beneath. S -SHAPED GALLERIES —The distinct S-shaped galleries under the bark are diagnostic of EAB. Wbas � wrong with my plant? website to diagnose the You can `""pwuOy=�`cowflawy�'~' m�kac1wmqpb am '°°° problem. also visit your local forester or arborist s, Dot%ft v wpm Bwk&cw.dwvmm+d � , .'M -MA Holm in IM -M mpau .f1m," ► H.6a in k=& w6Fo.3et UNIVERSITY OF MINNESOTA IF EXTENSION G Decision Guide For Managing 0 Emerald Ash Borer: Authm: Annemarie M. Nagle and tiff Sadof 'Yes. "Of 'Ns Are some worth saving? Yes. g• Do you want ac Valuable to landscape or owner? fA Healthy and few signs of EAB? to save your Located in the right site? ash trees from EAB? No. 10000, y� Yes. I don't know. A professional can help. Determine how big your trees are. Get DBH. Measure the distance around the trunk (at 4.5 ft. above the ground) and divide it by three to get Diameter at Breast Height. rAre diameter they greater than J 12 in. DBH No. T Ash trees will e killed and eed to be ut down. Save money. Have unwanted ash removed before they die. Yes. 11�1"r You will need professional insecticide . treatment. „- . • ' Homeowners can treat trees No. OR hire a professional. For information on insecticide treatments visit www.mda.state.mn.us/eab a nd view the Homeowner Guide to Insecticide Selection, Use and Environmental Protection. Protect your urban forest. Act Now. Save Trees. 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C o +•.0 CD °QD0CD *-O w 5' ^-� Q (n p: m m a m (D v Z 72 CD — v Dw°n� rocmm� m56mvm ni _ Q p O C n ecr C? ° � en CA CCS 0 CD Z. � oar m c � � 3 � � 0 n. ° m (n, �(Dy O CD .< M .(n 3-(o cr n �` Z cr LO `c DDm� O > a ct7rl 0 { Cr a� J N rcn CD M a a u w r CLCD M Q Q p �� Agenda Information Memo February 13, 2018 Eagan Special City Council Workshop VI. Recommendation From EEAC Regarding Alternative Energy (Solar) Ordinance Research And Options To Consider Direction For Consideration: Consider research completed by the Energy and Environment Advisory Commission on the topic of solar and alternative energies, with considering the development of a solar ordinance. Facts:  In October 2017, the Energy and Environment Advisory Commission had their combined meeting with City Council and an items in their 2018 work plan was to research and recommend to City Council on a possible Solar/Alternative Energy Ordinance.  Research has been completed and attached is a summary memo from the EEAC sub- committee that worked on this specific goal.  The associated research and model ordinances that is shared with City Council tonight has also been discussed with City Planning and Development staff, with respect to their anticipated involvement if City Council was to direct staff to move forward with development of an alternative energy/solar ordinance.  Although there are only a couple cities currently with established Solar/Alternative Energy Ordinances, it does seem as though the topic is one that is being discussed with many local governments not only in Minnesota but other states in the mid-west where solar is continuing to grow and is becoming a popular application on both residential, commercial and some industrial applications.  Key elements of an ordinance might include the following: a. Regulations that lead to structures being constructed with adequate criteria for both end user, installer, and energy company; b. can better address aesthetics, locations for ground based units; c. Establish end of life requirements when a system is no longer in a functional condition; and provide identification of homeowners rights and protections.  Not that an ordinance will create a solution to all questions that will come up, having more structure than the city currently has should help prevent installation challenges by local homeowners, and business owners, but will also support a growing industry and trend while maintaining structure via ordinance for staff to follow.  With direction from City Council, Staff will work with the City Attorney’s office and Planning Commission on the content of the ordinance and bring back to the City Council for review and approval. Attachments: (2) V.-1 Memo from EEAC V.-2 Other ordinance examples from local governments in Minnesota memo Energy and Environment Advisory Commission To: Honorable Mayor and Members of the City Council, City of Eagan, Minnesota From: EEAC Solar Ordinance and Policy Committee, Member Trzpuc (Committee Chair) CC: Member Oxley, Member Fleenor, Member Dugan, Member Pottorff, Member Supina, Member Mirick Date: January 27, 2018 Re: Recommendation to proceed with solar and alternative energy ordinance and policy for the City Background Over the past several years, solar installations have increased due to the growing demand for alternative energy, awareness of impact on environment, and declining prices of equipment. Beginning in the Fall of 2017, the Energy and Environment Advisory Commission (EEAC) enlisted a goal to research and benchmark solar/alternative energy ordinances and policies for possible recommendation to the City. Findings Our research has identified several local resources active in helping communities plan for solar and alternative energy resources (e.g., Metropolitan Council, Great Plains Institute) as well as existing ordinances for nearby communities (e.g., City of Rosemount) as examples of how these types of policies have been successfully adopted. Action The EEAC recommends the City pursue the development of a solar/alternative energy ordinance to be in place by Spring 2018 based on the following points: • The City would benefit from having clearly defined policies that offer criteria for installations such as use and location, aesthetics (materials, height), screening, minimum and maximum coverage, code compliance, certifications, abandonment, deviations, and safety. • Solar energy is an abundant and renewable energy resource. An ordinance would create more awareness for residents and businesses to consider as an alternative to conventional energy sources. • By adding solar and alternative energy sources, our community will reduce dependency on nonrenewable energy resources and will decrease the air and water pollution that results from the use of conventional energy sources. • As these types of structures are constructed, concerns need to be addressed for the safety and wellbeing of emergency response teams. In the event of, for example, a residential fire, in which a firefighter needs to access a housing unit from the roof upon which a solar structure was built, the structure must not pose additional safety hazards. • An ordinance would provide the criteria upon how these structures can be constructed as well as what is required of home/business owners at cessation of operations. • The lack of existing regulations may lead to structures constructed without adequate criteria. • The timing of this recommendation is to have a draft approved by Spring 2018, at the assumption of applications for spring construction and potential solar/alternative energy projects in those permit applications. • Several existing ordinances for neighboring cities could serve as reference and/or model ordinances upon which to create a similar document for the City of Eagan. The EEAC recommends reviewing The City of Rosemount’s Zoning Ordinance for Alternative Energy Systems and City of Lake Elmo’s Ordinance No 08-__ (amending Title XV: Land Usage; specifically Section 2, items #4 and #6). Additionally, it is recommended to develop specific (vs. vague) language with regards to aesthetics, homeowner rights and protections, and chain of decision making to help mitigate future issues for city staff and other involved in possible disputes. EEAC supports this recommended action as we work to build a more sustainable and healthy community. Rosemount Executive Summary Planning Commission City Council Meeting Date March 4, 2014 AGENDA ITEM: Case 13-27-TA Zoning Ordinance Text Amendment For Alternative Energy Systems AGENDA SECTION: CONSENT PREPARED BY: Jason Lindahl AICP Planner AGENDA NO: ATTACHMENTS: Excerpt Minutes from 10/1/13, 9/3/13 & 2/18/14 CC, 6/25/13 & 7/23/13 PC, Ordinance Amendments, Resolution APPROVED BY: RECOMMENDED ACTION: Staff recommends the City Council Adopt the following two motions: 1. Motion to approve and ordinance amending the Rosemount Zoning Ordinance B Relating to Solar Collectors. 2. Motion to adopt a resolution authorizing publication of a summary of Ordinance No. B-229 amending Ordinance B, The Zoning Ordinance related to Solar Collectors. SUMMARY The Planning Commission and staff recommend approval of the attached ordinance amending Section 11- 2-5 of the City Code related to solar energy systems. The Council last reviewed this item during the February 18, 2014 meeting with discussion focusing on height and screening standards. Ultimately the Council directed staff to revise the ordinance language to exempt non-residential uses in residential zoning districts and all commercial properties from the height standards for rooftop equipment. However, the ordinance more clearly references the same screening requirements as rooftop equipment for those non-residential uses with rooftop solar. The attached ordinance includes those changes. Should the City Council approve this amendment it will do the following: 1. Define a clear purpose and intent for alternative energy systems standards based on the Comprehensive Plan and provide a clear regulatory process for reviewing these system 2. Create specific definitions related to solar energy systems. 3. Establish consistent performance standards focused on specific criteria including: uses, location, height, aesthetics, screening, coverage, compliance with other codes, certifications, abandonment, and deviations. CITY COUNCIL ACTION The City Council reviewed this item during the September 3, 2013, October 1, 2013 and February 18, 2014 meetings. Excerpt minutes from those meetings are attached for your reference. During the September meeting the Council requested additional information about the basis for the proposed ordinance and the screening and setbacks solar standards for neighboring communities. During the October meeting the Council reviewed this information and reiterated their concerns with the proposed screening standards especially for facilities located on the east side of town and outside the Metropolitan Urban Service Area (MUSA). The Council then asked staff to research the requirements for the Wright-Hennepin Cooperative solar facility in Rockford. The Council reviewed this information during the February 18, 2014 meeting and had further discussion regarding the proposed height and screening standards. In the end, the Council directed staff to revise the ordinance language to exempt from the height standards but requiring screening for rooftop roof-mounted solar energy systems located in non-residential districts or on non-residential uses. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during both their June 25th and July 23rd meetings. Excerpt minutes from both meetings are attached for your reference. At the June meeting staff explained the rationale for updating the solar energy system standards, the City's current standards, and potential changes to those standards. After some discussion, the Commission directed staff to prepare a draft ordinance updating the City's solar energy system standards for review at the July meeting. During the July meeting the Commission reviewed the draft ordinance and held a public hearing that produced no comments. The Commission direct staff to clarify the height standard related to the distance between the top of a roof-mounted solar panel and the roof, exempt residential properties from screening requirements, make clearer that Community Solar Gardens and Solar Farms require an interim use permit (IUP), and specify that all power lines connecting the solar energy system to the electrical grid must be placed underground (the attached ordinance includes these changes). The Commission then approved a motion to recommend the City Council approve a zoning ordinance text amendment related to alternative energy systems. ISSUE ANALYSIS Legal Authority. Zoning ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of structures or use. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. However, decisions made under a legislative action must still be constitutional, rational and related to protecting the health, safety and welfare of the public. The proposed ordinance includes three subsections: Purpose and Intent, Definitions, and Solar Energy Systems Standards. Purpose and Intent. This section defines the scope of the proposed ordinance amendment, establishes a rationale for the standards based on the comprehensive plan and City Council goals, and outlines four specific purpose statements. Definitions. This section provides specific definitions for types and components of solar energy systems (photovoltaic, thermal, active, passive, roof-mounted, ground-mounted, etc.). Solar Energy Systems Standards. The standards section contains specific performance criteria for solar energy systems. To insure compatibility with surrounding structures, these standards are based on the zoning standards of the underlying zoning district. • Exemptions. This section releases both passive and building integrated solar energy systems from the standards of this ordinance based on the findings that these are site design principals or building components commonly part of other buildings. • Uses. This section allows roof-mounted solar energy systems as an accessory use in all districts and ground-mounted systems as an accessory use in the agricultural, rural residential, public and institutional, and industrial districts. Community solar gardens or solar farms are also allowed as an interim use in the agricultural, public and institutional and industrial districts outside the Metropolitan Urban Service Area (MUSA). Pictures of solar farms at the University of Minnesota— Morris and St. John's University are attached University of Minnesota— Morris and St. John's University are attached. • Height. This section establishes specific height standards for both roof-mounted and ground mounted solar energy systems. Roof-mounted systems must comply with the height standard of the applicable zoning district except that the highest pitch of a solar panel on any residential use shall not project more than three ( 3) feet above the roof upon which it is mounted. Ground Mounted solar energy systems are limited to fifteen (15) feet in height. • Aesthetics and Screening. These sections require solar energy systems to be designed to blend into the architecture of a building. Screening from the public right-of-way is also required for all ground-mounted systems or roof-mounted systems located in non- residential districts or on non-residential uses in residential zoning districts to the extent possible without reducing their efficiency. The screening language is consistent with the screening for roof-mounted mechanical equipment. • Coverage. This section limits roof-mounted systems to 80 percent of the south facing roof and ground-mounted systems to the maximum lot coverage of the applicable zoning district. Setbacks. This section requires all solar energy systems to comply with the setback standards for the zoning district and structure type on which they are located. These standards are detailed in the table below. As noted above, solar energy systems (roof-mounted, ground-mounted, community solar gardens or solar farms) shall conform to the applicable setback standards and structure type on which they are located. The City's existing regulations allow roof-mounted solar energy systems to encroach up to a two and one-half (2.5) feet into these setbacks similar to other structural elements like chimney's, bay windows, and eves or cutters. Setback Standards for Solar Energy Systems by Zoning District Zoning District Front Yard Side Yard Rear Yard Principal Accessory Principal Assessory Principal Assessory Agricultural 30' 50' 30' 30' 30' 30' Ag. Preserve 30' 50' 30' 30' 30' 30' Rural Res. 40' 40' 30' 30' 30' 30' Residential 30' 30' 10'/5' 10'/5' 30'/10' 30'/10' Public & Institutional 30' 30' 30' 30' 30' 30' Downtown 0' 0' 0' 0' 0' 0' C1, C3, C4 30' 30' 10' 10' 10' 10' Business Park 30' 30' 10' 10' 10' 10' Light Industrial 30' 30' 10' 10' 10' 10' General Industrial 75' 75' 50' 50' 50' 50' Heavy Industrial Based on size and height of structure with minimum 75' setback • Feeder Lines. This section requires electric lines within the interior of a property with a solar energy system to be placed underground. • Compliance with Other Codes. These sections require solar energy systems to comply with the building, electrical and plumbing codes. • Certifications. This section calls for all solar energy systems to be certified by the appropriate authorizing agency. • Utility Connection. This section requires all grid connected systems to have an agreement with the local utility company prior to the city issuing a permit and to provide an external disconnect if required by the utility company. • Abandonment. This section requires any system that remains inoperable for more than one year to be removed at the owner's expense. Permit. This section requires a building permit, or conditional use permit if necessary, prior to installation of a solar energy system. • Deviations. This section establishes that the City's preferred process to address deviations from these standards would be through a variance. CONCLUSION & RECOMMENDATION The Planning Commission and staff recommend approval of the attached ordinance related to solar energy systems. This ordinance creates definitions, performance standards and a clear purpose and intent statement for solar energy systems. City of Rosemount Ordinance No. B- 230 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO SOLAR COLLECTORS WITH SCREENING STANDARDS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled" City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11- 2- 12: Satellite Dishes and Solar Collectors is hereby amended as follows: Section 11- 2- 12: Satellite dishes and solar collectors shall be permitted in all districts and subject to the setback requirements in subsection (Ord. B-33, 10-19-1993) Alternative Energy Systems. A. Purpose and Intent: It is the goal of the city council, as expressed in the Comprehensive Plan, for Rosemount to become a more sustainable community by encouraging activities that conserve energy and result in less/ no pollution output such as alternative energy sources. In accordance with that goal, the city fords that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this ordinance include: 1. To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems. 2. To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy. 3. To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels. 4. To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated. B. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section: ALTERNATIVE ENERGY SYSTEM: A ground source heat pump, wind or solar energy system. COMMUNITY SOLAR GARDEN: A solar-electric ( photovoltaic) array that provides retail electric power ( or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, under the provisions of Minn. Statutes 216B. 1641 or successor statute. PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy. 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 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 generation or water heating. SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to harvest energy by transferring solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means. SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED: A solar energy system that is an integral part of a principle or accessory building, 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 energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices. SOLAR ENERGY SYSTEM, ROOF-MOUNTED: a solar energy system mounted directly or abutting the roof of a principal or accessory building. SOLAR ENERGY SYSTEM, GRID-INTERTIE: A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company. SOLAR ENERGY SYSTEM, OFF-GRID: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. SOLAR ENERGY SYSTEM, GROUND-MOUNT: A freestanding solar system mounted directly to the ground using a rack or pole rather than being mounted on a building. SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology, for the principal purpose of wholesale sales of generated electricity. SOLAR HOT WATER SYSTEM ( ALSO THERMAL 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 RESOURCE: A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3: 00 PM Standard Time on any day of the year. 2C. Solar Energy Systems: The following standards apply to solar energy systems, subject to standards of the applicable zoning district in which they are located. 1. Exemptions. Passive or building integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. 2. Uses. Roof-mounted solar energy systems are an accessory use in all districts. Ground-mounted solar energy systems are an accessory use in the Agricultural, Residential, PI — Public and Institutional, and Industrial districts. Community Solar Gardens or Solar Farms as defined in this section are an interim use in the following zoning district outside the Metropolitan Urban Service Area (MUSA): AG—Agricultural, PI —Public and Institutional, LI—Light Industrial, GI General Industrial and HI—Heavy Industrial. 3. Setbacks. Roof-mounted solar energy systems shall comply with the setbacks requirement for the applicable zoning district and structure type ( principal or accessory) on which they mounted and may encroach those setbacks per Section 11- 5- 2.C. 1. a ( Special Structural Elements). Ground- mounted solar energy systems shall comply with the accessory structure setback standards for the applicable zoning district in which they are located. Community solar gardens or solar farms shall comply with the principal structure setback standards for the applicable zoning district in which they are located 4. Height. Roof-mount solar energy systems shall comply with the height standards of the applicable zoning district. Roof-mounted solar energy systems may be mounted at an angle to the roof to improve their efficiency; however, the highest point of a solar panel in any residential district shall not be more than three (3) feet, measured in a straight line, above the roof upon which the panel is mounted. This three (3) foot height limitation does not apply to roof-mounted solar energy systems located in non-residential districts or on nonresidential uses. Ground-mounted solar energy systems shall not exceed 15 feet in height. 5. Aesthetics. Roof-mounted solar energy systems shall be designed to blend into the architecture of the building, provided that design considerations shall not diminish energy production. The color of the solar collector is not required to be consistent with other roofing materials. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. 6. Screening. Roof-mounted solar energy systems located in non-residential districts or on non- residential uses shall be screened in accordance with the requirements of Section 11- 2- 5 and the screening requirements of the applicable zoning district to the extent possible without reducing their efficiency. Ground-mounted solar energy systems, community solar gardens or solar farms shall be screened from view of the public right-of-way to the extent possible without reducing their efficiency by setback, berming, landscaping, walls or a combination thereof. 7. Coverage. Roof-mounted solar energy 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 a minimum of one (1) foot from the edge of the roof. The surface area of ground-mount systems shall not exceed the maximum lot coverage standard of the applicable zoning district. 8. Feeder Lines. All power lines shall be placed underground within the interior of each parcel. 9. Compliance with Building Code. All active solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. 10. Compliance with State Electric Code. All photovoltaic systems shall comply with the Minnesota State Electric Code. 11. Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Minnesota State Plumbing Code. 12. Certifications. Solar electric system components shall be certified by Underwriters Laboratories, Inc., and solar thermal systems shall be certified by the Solar Rating and Certification Corporation, or other appropriate certification(s) as determined by the City. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. 13. Utility Connection. All grid-intertie systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. Off-grid systems are exempt from this requirement. 14. Abandonment. If the solar energy system 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. Removal includes the entire structure including transmission equipment. 15. Permits. No solar energy system shall be erected, altered, improved, reconstructed, maintained or moved in the city without first securing a permit from the city. Community Solar Gardens or Solar Farms as defined in this section shall also require an interim use permit. 16. Deviations. Deviations from the required standards for a solar energy system may be addressed through a variance. Section 2. Rosemount Zoning Ordinance B, Section 11- 4- 1: Agricultural District is hereby amended as follows: C. Accessory Uses: Satellite disks and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. E. Interim Uses: Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area (MUSA), subject to section 11- 2- 12 of this title. Section 3. Rosemount Zoning Ordinance B, Section 11-4-3: Rural Residential District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 4. Rosemount Zoning Ordinance B, Section 11-4-4: Very Low Density Residential District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11-2-12 of this title. Section 5. Rosemount Zoning Ordinance B, Section 11- 4- 5: Low Density Residential District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 6. Rosemount Zoning Ordinance B, Section 11- 4-6: Low Density Residential District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 7. Rosemount Zoning Ordinance B, Section 11- 4- 7: Moderate Density Residential District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 8. Rosemount Zoning Ordinance B, Section 11- 4-8: Medium Density Residential District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 9. Rosemount Zoning Ordinance B, Section 11- 4- 9: High Density Residential District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 10. Rosemount Zoning Ordinance B, Section 11-4-10: Convenience Commercial District is hereby amended as follows: C. Accessory Uses: Roof-mounted solar energy systems, subject to section 11- 2- 12 of this title. Section 11. Rosemount Zoning Ordinance B, Section 11- 4- 11: Downtown District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 12. Rosemount Zoning Ordinance B, Section 11- 4- 13: Highway Commercial District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 13. Rosemount Zoning Ordinance B, Section 11- 4- 14: General Commercial District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 14. Rosemount Zoning Ordinance B, Section 11- 4- 15: Business Park District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. Section 15. Rosemount Zoning Ordinance B, Section 11- 4- 15- 1: Light Industrial District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. 6 E. Interim Uses: Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area (MUSA), subject to section 11- 2- 12 of this title. Section 16. Rosemount Zoning Ordinance B, Section 11- 4- 16: General Industrial District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. E. Interim Uses: Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area (MUSA), subject to section 11- 2- 12 of this title. Section 17. Rosemount Zoning Ordinance B, Section 11- 4- 16- 1: Heavy Industrial District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. E. Interim Uses: Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area (MUSA), subject to section 11- 2- 12 of this title. Section 18. Rosemount Zoning Ordinance B, Section 11- 4- 18: Public and Institutional District is hereby amended as follows: C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject to section 11- 2- 12 of this title. E. Interim Uses: Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area (MUSA), subject to section 11- 2- 12 of this title. Section 19. Rosemount Zoning Ordinance B, Section 11- 4-20: Industrial Park District is hereby amended as follows: C. Accessory Uses: Roof-mounted solar energy systems, subject to section 11- 2- 12 of this title. Section 20. Rosemount Zoning Ordinance B, Section 11- 5- 2: Supplementary Regulations is hereby amended as follows: B. Supplementary Height Regulations: 1. Permitted Exceptions: Except as specifically provided in a business park or industrial district, the following structural appurtenances shall be permitted to a height not to exceed twenty five feet (25') in addition to the maximum height permitted for the district, provided they do not impair the solar access of buildings on adjoining properties and are not used for human occupancy or commercial enterprise: a. Ornamentation such as church spires, belfries, bell towers, cupolas, domes, monuments and flagpoles. b. Mechanical appurtenances such as solar collectors, chimneys, smokestacks, elevator and stairwell penthouses, antennas, transmission towers and other necessary structures. c. In all districts, setbacks for all freestanding tower antennas shall be equal to the height of the antenna and its supporting structure. Section 21. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this_____ day of__________, 2014. CITY OF ROSEMOUNT _______________________________________ William H. Droste, Mayor ATTEST: _____________________________ Amy Domeier, City Clerk Published in the Rosemount Town Pages this_____ day__________ of 2014. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2014 - A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B- 230 AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO SOLAR COLLECTORS WHEREAS, the Planning Commission of the City of Rosemount recommended City Council approval of this amendment after holding a public hearing on July 23, 2013; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B- 230 amending the City of Rosemount Zoning Ordinance B relating to solar collectors; and WHEREAS, Minnesota Statutes, Section 412. 191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B- 230 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their March 4, 2014 meeting, the City Council of the City of Rosemount adopted Ordinance No. B- 230. The ordinance amends Ordinance B, the Zoning Ordinance relating solar collectors. In summary, the new ordinance makes the following three (3) changes: 1. Define a clear purpose and intent for alternative energy systems standards based on the Comprehensive Plan and provide a clear regulatory process for reviewing these systems. 2. Create specific definitions related to solar energy systems. 3. Establish consistent performance standards focused on specific criteria. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B- 230 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby ofCity Hall for 30 days after adoption. Resolution 2014 - _____________ ADOPTED this 4th day of March, 2014, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk