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HomeMy WebLinkAbout2024/05/28 - ADMIN - Agenda Packets - City Council - Study Session AGENDA MAY 28, 2024 6:30 p.m. Study session - Community Room Discussion items 1. Stormwater 101 2. Environmental Stewardship system kick-off 3. Efficient Building Benchmarking program administration Written reports 4. Hennepin Energy Recovery Center closure plan update 5. Setting a tree canopy goal 6. Annual Stormwater Pollution Prevention Program report Members of the public can attend St. Louis Park Economic Development Authority and city council meetings in person. Official minutes of meetings are available on the city website once approved. Watch St. Louis Park Economic Development Authority or regular city council meetings live at bit.ly/watchslpcouncil or at www.parktv.org, or on local cable (Comcast SD channel 14/HD channel 798). Recordings of the meetings are available to watch on the city's YouTube channel at www.youtube.com/@slpcable, usually within 24 hours of the end of the meeting. City council study sessions are not broadcast. The council chambers are equipped with Hearing Loop equipment and headsets are available to borrow. If you need special accommodations or have questions about the meeting, please call 952.924.2505. Meeting: Study session Meeting date: May 28, 2024 Discussion item: 1 Executive summary Title: Stormwater 101 Recommended action: None. This discussion is informational, staff will be making a presentation at the study session covering the history of stormwater management and regulation in St. Louis Park. Policy consideration: None Summary: This presentation was initiated as a response to a series of questions staff received from the council about our stormwater management program and the impact it has on the quality of receiving water bodies such as Cedar Lake. This report and presentation w ill explain how the City of St. Louis Park manages stormwater runoff, the impact it has on our local water bodies and the ongoing efforts to create flood storage and improve water quality. The presentation will start with the history of St. Louis Park drainage, which began in a "drain everything" era, adapted to an urban environment, responded to a major storm event in 1987 and has been retrofitting the system with re -development. This will include basic stormwater management concepts and the evolution of stormwater management practices and regulations. Other topics include the physical characteristics of water bodies in the city and the drainage characteristics, including landlocked basins, pipe networks and significant water bodies within the city. The presentation will also focus on the work of the last ten years, including modeling advances, capital improvement projects, technology advances and possible changes to the program. Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion Prepared by: Phillip Elkin, engineering services manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager Study session meeting of May 28, 2024 (Item No. 1) Page 2 Title: Stormwater 101 Discussion Background: While most of the city of St. Louis Park was developed in the 1950s and 1960s, the stormwater infrastructure has its foundation in ditches and land use practices that have been in place since the late 1800s and early 1900s. At that time, St. Louis Park was primarily agricultural land, and the practice was to routinely drain and fill wetlands to gain more upland. The railroad tracks laid during this time also had a significant role in changing the drainage patterns of the city. The most noteworthy infrastructure which control how efficiently the city drains were established between the years 1909 and 1917. That is when county ditches 14, 17 and 24 were established and would set the elevation and stormwater discharge rate for most of the city to this day. While these ditches were not designed to manage urban runoff, they became the primary discharge routes as agricultural land and wetlands were converted into residential developments. Using these ditches as the primary stormwater outlet, the city has had to adapt this undersized pipe network to manage stormwater. In addition to keeping the city dry, increasingly stringent regulations require the city to play "catch up" in addressing wetland protection and water quality guidelines. Technology changes have played an important role in recent years. Quality aerial photography, Lidar contour data and GPS surveying equipment have allowed the city to refine old flood delineations and record storm events as they happen. Stormwater 101 presentation summary: Staff's presentation will provide an overview of stormwater management in St. Louis Park, Minnesota. The presentation will incorporate visuals such as maps, charts and photographs to enhance understanding. Key terminology related to stormwater management will be defined throughout. Opportunities will be provided for questions and discussion throughout. An outline of the topics: • Stormwater management basics: will cover basic hydraulics, the impact of impervious surface, watersheds, water quantity and water quality. Details on the existing drainage infrastructure, including sub-watersheds, landlocked basins and pipe networks will be shared. • History of stormwater management: The practice of including stormwater management when urbanizing undeveloped land was essentially non-existent when most of St. Louis Park was developed. Only in 1992 did the state and watershed districts enact rules in which water quantity and water quality measures be included with new development. • Regulations: We will review the evolution of local, state, watershed district and federal stormwater regulations that impact St. Louis Park. • Physical characteristics and drainage: o Terrain: We will discuss the city's topography and how it affects stormwater runoff patterns. o Sub-watersheds: This section will define sub-watersheds and identify those within St. Louis Park. Study session meeting of May 28, 2024 (Item No. 1) Page 3 Title: Stormwater 101 o Water bodies: staff will identify significant lakes, ponds and wetlands within the city limits. o Drainage infrastructure: This section will explore the existing network of pipes, catch basins and other drainage structures. • St. Louis Park Stormwater Management Program o Program overview: In 1992, the city adopted its first comprehensive stormwater plan, which included an inventory of pipes, identifying wetlands, delineating watersheds, implementing rules on water quantity and addressing water quality. o Stormwater trends: We will discuss current trends in stormwater management and how they are impacting St. Louis Park. o Accomplishments: We will highlight the city's achievements in improving stormwater management over the past ten years. o The future of stormwater management: This section will discuss ongoing efforts and the future of managing stormwater in St. Louis Park. • Conclusion: The presentation will conclude by summarizing the key points and emphasizing the importance of effective stormwater management to respond to our changing environment. Meeting: Study session Meeting date: May 28, 2024 Discussion item: 2 Executive summary Title: Environmental Stewardship system kick-off Recommended action: None. The purpose of this report is to provide an overview and framework of the planned discussions in the study sessions included in the environmental stewardship system. Policy consideration: Throughout the discussions in this system, the council will be asked specific policy questions relating to the topic discussed. Topics span many departments and range from efficient building benchmarking to heritage tree preservation to an update on the status of the eventual closure of the Hennepin Energy Recovery Center. Summary: Over the coming weeks, council will hold a series of discussions and staff will provide information regarding sustainability programs, projects and policies. Some of these discussions are council-directed and others are staff initiated. Additionally, there will be several written reports to provide context and information on current activities, programs and policies. This report serves as grounding for all the discussions and includes a broad overview of activity and frameworks used when considering environmental stewardship. The foundation for staff to develop projects and implement programs are the plans and policies approved by city council, including the Climate Action Plan; funds for city sustainability incentive programs come from the Climate Investment Fund. Financial or budget considerations: Funds are budgeted in the 2024 budgets for a variety of programs related to environmental stewardship. Should the council desire a change in work, additional resources may be required. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion Appendix A: 2024 sustainability incentive programs Appendix B: Other 2024 sustainability initiatives Prepared by: Emily Ziring, sustainability manager Reviewed by: Brian Hoffman, building & energy director Approved by: Kim Keller, city manager Study session meeting of May 28, 2024 (Item No. 2) Page 2 Title: Environmental Stewardship system kick-off Discussion Background: Environmental stewardship work in St. Louis Park Environmental stewardship work spans many divisions/departments, including: •Sustainability/building & energy: sustainability staff design and administer programs and projects identified in the Climate Action Plan (CAP) and track community greenhouse gas emissions over time to measure progress. Those programs and projects focus primarily on buildings and energy (including transportation electrification), as most of the initiatives designed to address transportation and solid waste emissions by 2030 are handled by staff in engineering and in public works. •Solid waste/public works: solid waste staff oversee curbside collection and management of garbage, recycling, organics and yard waste. Staff manage the Recycling Champions program and enforce the Zero Waste Packaging ordinance for food establishments and recycling requirements for multifamily and commercial properties through trainings, outreach and plan review. Solid waste staff coordinate and encourage efforts around compost use in both city projects and private development, and lead building deconstruction projects to minimize construction & demolition waste. Staff also educate residents and businesses in reuse and manage city clean-up days, paper shredding events and swap events. •Engineering: engineering staff design and implement Connect the Park, which is encouraging carbon-free transportation options by creating a comprehensive citywide system of bikeways, sidewalks and trails. When EV chargers are installed on city property, engineering staff assists with the construction project management. Staff also manage stormwater projects and programs, including the Rainwater Rewards program which offers financial and technical assistance to residents that complete stormwater management projects on their property. Consideration of tree preservation, pavement reduction and new sidewalk construction take place in the design of all transportation projects. •Parks and recreation: o The natural resources division manages the city’s urban forestry program, including public outreach, inspecting trees, private tree consultation, planting, watering, pruning and other general tree and plant care in city parks, boulevards, vacant lots, Minnehaha Creek corridor and Westwood Hills Nature Center. Staff also enforce zoning and nuisance vegetation ordinances such as tree preservation, development plan review, and tree disease/infestation sanitation programs on private and public property and the tall grass/noxious weed program. They manage the annual tree sale and volunteer tree planting events such as Arbor Day with local partner Tree Trust, as well as herbaceous plantings such as native prairies and park gardens including the Pollinate the Park initiative and native plant sale. Wildlife management and management of the city brush site are also handled by this division. Study session meeting of May 28, 2024 (Item No. 2) Page 3 Title: Environmental Stewardship system kick-off o The facilities division oversees daily operations and capital projects for all major municipal facilities. This ranges from monitoring energy consumption and completing lighting retrofits to installing rooftop solar arrays. •Planning and zoning/community development: planning and zoning coordinates the city’s long-range planning efforts and development review. The comprehensive plan sets goals, policies and strategies related to the built and natural environment and impact quality of life. Planning and zoning is in the community development department with housing and economic development divisions. The department helps administer the city’s inclusionary housing, green building and diversity equity and inclusion policies for new development. The division’s work tends to focus on land use planning and administering zoning and subdivision codes used to implement city policy. Together these tools shape development in the city and the infrastructure supporting the community. Land use regulations can impact availability of housing, goods and services, and employment. Land use impacts the environment, including air and water quality and the climate. There are numerous examples of other divisions and departments’ involvement in environmental stewardship, from the naturalists at Westwood Hills Nature Center to utilities; fleet services; communications; and race, equity and inclusion. Enterprise-wide collaboration on issues of sustainability is common; sustainability staff meet quarterly with staff in engineering, solid waste and economic development to discuss opportunities to support one another’s work. Climate Action Plan and Climate Investment Fund In February 2018, the city council formally adopted the city’s Climate Action Plan. The goals of the plan are some of the most robust of any city in Minnesota. The biggest bowl outcome of the plan is for the community to achieve total carbon neutrality by 2040 with seven important midterm goals set for 2030. The CAP is a climate mitigation plan, meaning that staff focus on actions to reduce and stabilize the sources or enhance the sinks of greenhouse gases, e.g., energy efficiency, renewable energy, low-carbon transportation, organics recycling, and tree planting. Given that the effects of climate change are underway now, staff have also elected to devote a portion of their efforts towards climate adaptation—the process of adjustment to current or expected climate and its effects—and climate resilience, the ability for social, economic and ecosystems to prepare and plan for, absorb and recover from sudden adverse events. Since 2018, the city has increased its investment in the implementation of the CAP including the reorganization of the inspections department into the building & energy department and the creation of a sustainability division that includes a sustainability manager and two sustainability specialists. In 2021 council voted to create the Climate Investment Fund (CIF), a funding mechanism for a portfolio of ongoing programs available for residents and businesses, helping to leverage private investment dollars when owners are ready to make improvements that reduce carbon emissions and lower energy costs. The fund, established with $500,000 in available dollars from Study session meeting of May 28, 2024 (Item No. 2) Page 4 Title: Environmental Stewardship system kick-off the unrestricted fund balance from the 2020 operating budget and supplemented in 2023 with $300,000 from the development fund, is used by departments across the city enterprise to fund existing and future cost sharing programs tied to the goals and strategies within the CAP. In addition to the staff resources and the CIF, the city has invested in its own infrastructure and continues to do so using the capital improvement process. Current sustainability programs A detailed list of current sustainability programs and projects can be found in Appendix A. Community-facing incentive programs are funded using the Climate Investment Fund. Inflation Reduction Act provisions, including tax credits and direct-to-consumer rebates, as well as new state incentives, can offset some city incentives; as these provisions are rolled out, city incentive amounts may be adjusted. All sustainability programs integrate an environmental justice element, and staff works to repair past injustices using a “targeted universalism” approach to program design. Under the targeted universalism framework, staff set citywide program goals and offer an environmental justice rate to offer more support to those residents most impacted by climate change. Present considerations: As climate change accelerates, new technologies emerge, and concerns about environmental injustices grow, programs, policies and projects to further environmental stewardship are created, amended and rescinded. Staff in the divisions and departments that create and manage these programs and their effects have information to share with council and some policy questions they would like to explore. Next steps: Throughout the discussions in this system, council will be asked to provide policy direction on various environmental stewardship programs. The dates outlined in the following table are tentative and dependent on discussion outcomes from prior study sessions. Study session meeting of May 28, 2024 (Item No. 2) Page 5 Title: Environmental Stewardship system kick-off Topic Date Description Staff Lead Efficient Building Benchmarking program May 28, 2024 Discussion of rescinding the Efficient Building Benchmarking ordinance and allowing the state to manage benchmarking city buildings under the new state program. Ziring Tree canopy percentage goal May 28, 2024 Report of the recommended tree canopy goal and the timeline to reach it. Bahe/Walther/Ziring Hennepin Energy Recovery Center closure plan update May 28, 2024 Report on the status of the proposed closure plan for Hennepin Energy Recovery Center (HERC) and anticipated requirements for new city waste reduction and recycling program development or expansion. Fisher Heritage tree preservation June 10, 2024 Discussion of a proposal to further preserve heritage trees in the city. Bahe/Walther/Ziring Revised Environmentally Preferred Purchasing Policy (EP3) June 10, 2024 Report of changes to the EP3 adopted administratively. Fisher/Ziring Presentation of Environmental Stewardship dashboard June 10, 2024 Presentation and demonstration of the new Environmental Stewardship dashboard. Rabine/Ziring Environmental Stewardship system summary report June 10, 2024 N/A Ziring 1 Appendix A: 2024 sustainability incentive programs Community-facing incentive programs Program name: Climate Champions (with solar bonus) CAP goal(s): 1, 2 and 4 Description: Energy assessment, cost share, and recognition program for property owners who elect to participate; solar bonus incentive for those who first reach energy efficiency targets Sectors: Business (current), multifamily (current), organizations (current), homes (current), and large commercial & industrial (new in 2024) Equity component: Larger cost share amounts for properties in environmental justice areas of concern or for homeowners who identify as low income, 65 years or older, BIPOC, veteran, or disabled Risks: Success depends on appetite of property owners (including rental property owners) to invest time and money in energy efficiency CAP strategies’ annual target: 20 commercial buildings retrofit; 900 single-family households complete retrofits/weatherization; 1,782 households replace electrical equipment and 720 households replace natural gas equipment with high efficiency 2023 results: 14 businesses received energy assessments, and 2 completed energy projects, collectively saving $5,825.98 and 35.93 tons of GHG emissions annually; 8 organizations received energy assessments, and 3 completed energy projects, collectively saving $17,017.68 and 56.85 tons of GHG emissions annually. 136 households replaced electrical equipment and 13 households replaced natural gas equipment with high efficiency air or ground source heat pumps or heat pump water heaters. 8 residents and 1 organization qualified for the Climate Champions solar bonus, collectively installing over 100 kW of rooftop solar. In 2023 a new participant recruitment tool was piloted in collaboration with the assessing division: mailing postcards for free Home Energy Squad visits (normally $50) to residents who closed on their home within the previous six months. This led to 11 additional sign-ups. In 2024 staff launched the final sector of the Climate Champions program: Climate Champions for large commercial & industrial properties. This program offers building owners the opportunity to receive a comprehensive energy audit (normally a $500 value) for $100, with the buy-down funded using the Climate Investment Fund. Like the other Climate Champions Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 6 2 programs, all energy projects undertaken by property owners will receive a city cost share incentive on top of the utility rebates received. Program name: Building Operations Champions CAP goal(s): 1 and 2 Description: Cost share for commercial property owners who pay for their building operators to attend Building Operator Certification (BOC) level 1 or multifamily training and pass the certification exam. The cost share and utility rebates bring down the cost from $1,200 to $50- 100. Sectors: Commercial & industrial, multifamily Equity component: Larger cost share amounts for trainees from traditionally underrepresented groups Risks: Success depends on appetite of commercial property owners to invest time and money in training, and availability of facilities maintenance workforce CAP strategies’ annual target: 38 commercial buildings engaged in building operations BMPs 2023 results: None Program name: Shade SLP and full-service tree planting (in coordination with Parks & Recreation) CAP goal(s): Advanced strategies Description: Tree planting to capture and store carbon dioxide, enhancing property values and aesthetics and reducing owners’ utility costs through increased shading and reduced flooding Sectors: All Equity component: Larger cost share amounts for properties located where high surface temps and low tree canopy overlap Risks: Success depends on property owners desire for additional trees and investment in tree maintenance CAP strategies’ annual target: N/A (no targets listed for Advanced Strategies); staff set goal of additional 300 trees, doubling the annual number planted on private property 2023 results: 99 trees planted on private property, with orders for more trees in 2024 Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 7 3 Program name: Tree treatment cost share (in coordination with Parks & Recreation) (new in 2024) CAP goal(s): Advanced strategies Description: Treatment of diseased and infested trees to preserve them in order to store carbon dioxide, enhancing property values and aesthetics and reducing owners’ utility costs through increased shading and reduced flooding. The new program offers cost sharing on tree treatments for oak wilt, Dutch elm, and two-lined chestnut borer on privately-owned trees. Sectors: All Equity component: Larger cost share amounts for homeowners who identify as low income, 65 years or older, BIPOC, veteran, or disabled Risks: Success depends on property owners desire for tree preservation and investment in long- term tree maintenance CAP strategies’ annual target: N/A (no targets listed for Advanced Strategies) Program name: Electrify Everything CAP goal(s): Advanced strategies Description: This program is jointly administered by a cohort of metro-area cities (Minneapolis, St. Louis Park, Edina and Eden Prairie). The cohort educates the public about electrification readiness and technologies, as well as provide a list of trained contractors for each type of technology. Cities also partner on outreach and engagement strategies to drive residents to the website. Residents who decide to weatherize, electrify their heating/cooling or water heating will be directed to the Climate Champions for homes program to explore cost share incentives. Sectors: Multifamily, 1-4 unit residential Equity component: Low Income/Disadvantaged Communities (LIDAC) are the primary target of outreach, but interest comes from all demographic groups Risks: Success depends on multiple external factors, such as property owner comfort with technology, cost of electricity, appetite of property owners to invest time and money in fuel switching, contractor familiarity with technology, availability of equipment CAP strategies’ annual target: N/A (no targets listed for Advanced Strategies) Program name: EV charging incentives for multifamily buildings (pending) Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 8 4 CAP goal(s): 6 Description: Cost share funds for multifamily property owners to incentivize installation of electric vehicle (EV) charging stations in private parking lots with shared (non-dedicated) spots. Acceptance into the Xcel Energy Multifamily Charging Program will be required for the cost share. Under this program, Xcel Energy installs and maintains all electric vehicle charging infrastructure (i.e., transformers, conduit) at no charge to the property owner. The city program would offset the remaining cost (the electric vehicle charging unit or lease fee). This program is pending implementation of Xcel Energy’s Multifamily Charging Program, which may launch in the fall of 2024. Sectors: Multifamily Equity component: Funds only available for properties where residents have “first come, first served” private parking, i.e., naturally-occurring affordable housing Risks: Success depends on rental property owners’ and managers’ willingness to install charging stations CAP strategies target: Goal 6 is to reduce vehicle emissions by 25% by 2030 as compared to the business-as-usual forecast. A key strategy to achieving this goal is to increase adoption of electric vehicles such that EVs comprise 28% of total car ownership and 1% of all truck ownership in St. Louis Park (annual targets are not available given data limitations). An additional initiative under this strategy is to expand private EV charging infrastructure and encourage private businesses to offer charging stations for EVs. Program name: Depave SLP (in coordination with Engineering, Community Development, and Parks & Recreation) CAP goal(s): Advanced strategies Description: Offers cost share for commercial property owners to turn unused parking spaces into green space, lowering surface temperatures, improving air quality and reducing stormwater runoff Sectors: Commercial & industrial, multifamily Equity component: Larger cost share for areas experiencing higher surface temperatures (urban heat island) Risks: Success depends on property owners’ willingness to demolish parking spaces CAP strategies’ annual target: N/A (no targets listed for Advanced Strategies) Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 9 5 Appendix B: Other 2024 sustainability initiatives Other sustainability projects, programs and policies under development or consideration • Tracking notices of funding opportunity and completing applications for state and federal grants (see next page) • Idling reduction fleet policy and Idle-Free SLP public educational campaign • Efficient Building Benchmarking ordinance administration • Climate equity map and Environmental Stewardship dashboard • Energy assistance programs (promoting, coordinating providers and advocating for improvements) • Various work groups and coalitions, including: • Midcontinent Independent System Operator (MISO) Cities and Communities Coalition • Hennepin County EV and tree policy work groups • MnDOT Local Agency Vehicle Miles Traveled work group These projects, programs and policies are not incentive-based and therefore not funded from the CIF. Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 10 6 Grant applications summary Staff routinely seek out grant funding opportunities from partners at the federal and state level and from foundations and will add additional programs or projects to the work plan or supplement funding for planned programs as opportunities arise. A summary of recent grant applications and their disposition is below. PROGRAM NAME FUNDING ORGANIZATION PURPOSE AND PROJECT FUNDING SOUGHT STATUS (submitted, accepted, awarded, not awarded) EECBG (Energy Efficiency Community Block Grant) US Dept of Energy/IIJA Purpose: to assist eligible local governments, states and territories, and Indian tribes in implementing strategies to: Reduce fossil fuel emissions. Reduce the total energy use of the eligible entities. Improve energy efficiency in the transportation, building, and other appropriate sectors. Project: Staff applied for funds to replace aging high- bay garage doors at the MSC with high-speed garage doors to trap more heat during the winter. $114,140 (formula funds) Accepted Climate Pollution Reduction grants (CPRG) US EPA/IRA Purpose: Competitive grants to implement GHG pollution reduction. Many of the details are to be determined by EPA, but applications for funding will need to include “information regarding the degree to which greenhouse gas air pollution is projected to be reduced in total and with respect to low-income and disadvantaged communities.” Funding is to Varies Submitted Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 11 7 remain available until September 30, 2026 (Sec. 60114). Projects (as supporter or coalition member): • City of Saint Paul (lead) application for expanding HOURCAR hubs near transit stations • City of Minneapolis (lead) application for expanding commercial energy efficiency programs • MPCA (lead)/Met Council (coordination) application for Equitable Residential Decarbonization Local climate action grant program MPCA Purpose: Develop or implement plans of action that enable local jurisdictions to adapt to extreme weather events and a changing climate (i.e., already becoming warmer and wetter with more damaging rains and cold weather warming; and expected to have more extreme heat and drought in the future), and/or to reduce the local jurisdiction’s contributions to the causes of climate change. Project: Public level 2 chargers at Aquila Park $20,000 (requires 50% match) Submitted Energy Futures planning grant US Dept of Energy Purpose: Support local, state, and Tribal government-led partnership efforts that will help scale local strategies that increase resiliency and improve access to affordable clean energy. Project (as coalition member): City of Saint Paul (lead) application for modeling pathways to get IRA funds into LIDAC communities $500,000 Awarded Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 12 8 Additionally, within the IRA, the Clean Electricity Investment Tax Credit has been extended and modified so that non-tax-paying entities may receive (via “direct pay”) the financial benefit of the tax credits if they meet requirements for domestically produced construction materials. Staff will work to ensure these funds are received for the solar installations at The Rec Center and Fire Station 1 and for any heavy-duty clean vehicles. Sustainability staff has provided the relevant departments with information about provisions within the IRA and IIJA which may provide financial benefits to internal projects within their areas and will continue to monitor opportunities closely to determine how to maximize public dollars. Study session meeting of May 28, 2024 (Item No. 2) Title: Environmental Stewardship system kick-off Page 13 Meeting: Study session Meeting date: May 28, 2024 Discussion item: 3 Executive summary Title: Efficient Building Benchmarking program administration Recommended action: This report is provided as a basis for council discussion needed to give direction to staff on next steps. Policy consideration: Is council supportive of the staff and environment and sustainability commission’s recommendation to rescind the Efficient Building Benchmarking ordinance and allow the Minnesota Department of Commerce to take over management of benchmarking city buildings under the new state program? Summary: In 2019, city council adopted the Efficient Building Benchmarking ordinance, which requires owners of commercial, multifamily and public buildings 25,000 square feet or larger to report annual whole building energy and water use in order to benchmark energy consumption and motivate performance improvement. This spring will mark the fifth year that the city has required energy and water data collection from approximately 220 buildings. The results of the benchmarking program have been inconclusive. A staff analysis found a four (4)percent decrease in weather-normalized energy use intensity between calendar years 2019 and 2022, however, this is an increase in energy over the previous calendar years’ analysis and only reflect a fraction of buildings. A 2023 survey of benchmarked building representatives found that building owners are making energy improvements for reasons unrelated to the benchmarking ordinance. During the 2023 legislative session, lawmakers passed a Statewide Building Energy Use Benchmarking statute. Council has the option to uphold the benchmarking ordinance or rescind the ordinance in favor of the state program. Staff recommends rescinding the Efficient Building Benchmarking ordinance and allowing the state to take over administration of benchmarking buildings in St. Louis Park. The environment and sustainability commission supports this recommendation. Financial or budget considerations: The Efficient Building Benchmarking ordinance requires resources to administer. Should council decide to rescind the benchmarking ordinance, an estimated $26,000 expenditure for 2025 help desk services, in addition to approximately 100 hours per year in staff time, will be saved and could be reallocated. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion Prepared by: Emily Ziring, sustainability manager Reviewed by: Brian Hoffman, building & energy director Approved by: Kim Keller, city manager Study session meeting of May 28, 2024 (Item No. 3) Page 2 Title: Efficient Building Benchmarking program administration Discussion Background: Ordinance adoption The Climate Action Plan includes a midterm goal to reduce energy consumption in large commercial buildings 30% by the year 2030. To support this, the city council passed the Efficient Building Benchmarking ordinance in December 2019, requiring owners of commercial, multifamily, and public buildings 25,000 square feet or larger to report the prior year’s annual whole building energy and water use by June 1 of each year. There are currently 221 buildings required to comply with the ordinance. 2024 will mark the fifth year that energy data has been collected on these buildings (for calendar years 2019 through 2023, inclusive). The purpose of the program is to: • Motivate performance improvement through capital investments and more efficient operations, creating or supporting local jobs • Reveal long-term utility cost savings opportunities to property owners • Provide owners the ability to compare the performance of a building to itself, its peers, and to industry standards • Inform energy policy (e.g., which types of buildings to target for additional energy efficiency programs) • Prepare for possibility of state legislation enabling Building Performance Standards (BPS) by getting buildings on Energy Star Portfolio Manager As of July 2022, four states and over two dozen cities across the country have adopted benchmarking laws. A number of those jurisdictions have reported energy savings associated with benchmarking policies, which is what led the environment and sustainability commission to recommend that council adopt this ordinance in 2019. Benchmarking results are publicly available via a county-wide, web-based interactive map that updates automatically as new building reports are submitted. The interactive map design allows users to view benchmarking compliance statistics, Energy Star rating, Energy Use Intensity (EUI, or total energy used per square foot), and to compare buildings by size, type and location. Collective results can be utilized by building owners to compare their building performance with buildings of similar types within the county. Compliance history While city staff oversees the administration of the ordinance and helps to troubleshoot and resolve issues (exemptions, extensions, unusual metering configurations, etc.), Touchstone IQ handles the day-to-day project management responsibilities during the compliance period. Touchstone IQ staff is responsible for outreach to property owners, maintaining a contact database, annual training, technical assistance, vetting of data submitted, generating and sending customized report cards to property owners, and providing reports to the city. Study session meeting of May 28, 2024 (Item No. 3) Page 3 Title: Efficient Building Benchmarking program administration Touchstone IQ works under contracts with St. Louis Park, Edina, Bloomington and Saint Paul to provide these services. City staff and Touchstone IQ work directly with property owners who do not meet the June 1 deadline to improve program participation. During the first year, and given the hardships encountered because of COVID, the department made the decision not to issue any penalties to non-compliant property owners. As conditions improved in 2021 and 2022, staff strongly encouraged compliance; this resulted in a high watermark compliance rate of 81% in 2022 . Owners continuing to ignore the ordinance and not enter data are technically subject to an administrative penalty or misdemeanor (as with all code requirements). Results to date and building owners’ survey Results from the benchmarking ordinance have been ambiguous and inconclusive. Staff found a four (4) percent decrease in weather-normalized energy use intensity between calendar years 2019 and 2022. This reduction, however, should be viewed with some caution: • A proper analysis requires including only buildings that provided data for more than one year and excluding those that only reported partial data or data for just one year. This leaves only 71 buildings. • These buildings would be expected to be different, with compliant program participants likely having a self-selection bias towards energy efficiency and reductions in energy use. • The effect of COVID on building use and occupancy over time may play a factor. • Even small data errors can cause significant inaccuracies in the results, and the data collected involve opportunities for both systematic and random errors. While some of the buildings that reported four years’ worth of data show reductions in EUI, this percentage does not linearly follow the reduction seen by analyzing only three years’ worth of data (2019 through 2021), when an 8% reduction was found across 83 buildings that reported. At the conclusion of the third year of benchmarking data collection, staff decided to dedicate time researching the impacts of the ordinance to answer the question, how does the city know whether the ordinance is meeting its intended purpose? In January 2023, staff surveyed property owners and managers to find the answer. An online survey was created and sent to 216 building representatives. 17 of those buildings did not have accurate contact information and the email bounced back. Of the 199 buildings reached, 25 completed the survey (a 13% response rate). Three respondents representing more than one building completed the survey, meaning that 28 buildings are represented in the results. Two additional building owners declined to take the survey but emailed their comments. Nearly all respondents are local property owners or managers. Among other takeaways (including comments about the time required to benchmark and the lack of staff available to handle the task), respondents shared that they are making energy improvements—and in most cases those who are making improvements are doing it for Study session meeting of May 28, 2024 (Item No. 3) Page 4 Title: Efficient Building Benchmarking program administration reasons that have nothing to do with the annual energy and water report card provided through benchmarking. Overall, staff has no ability to determine whether there is a causal relationship between benchmarking and energy impacts or whether the relationship is simply correlative. Statewide Building Energy Use Benchmarking statute During the 2023 legislative session, lawmakers passed a Statewide Building Energy Use Benchmarking statute requiring energy benchmarking for all Class 1 and Class 2 buildings in the following locations: • Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties; and • Any city outside the metropolitan area with a population of over 50,000 residents that has one or more buildings with a square footage of 50,000 SF or more. For purposes of the program, properties are classified and must report as follows: • Class 1 properties (100,000 square feet and greater) in the above locations must start reporting energy use data by June 1, 2025. • Class 2 properties (50,000 square feet – 99,999 square feet) in the above locations must start reporting energy use data by June 1, 2026. The program will be administered by the Minnesota Department of Commerce. The state program is nearly identical to the city’s program in terms of process, exceptions and data disclosure to the public. Buildings subject to existing benchmarking requirements by the state, a city , or other political subdivision may continue to follow those requirements if they are equivalent to or more stringent than the Statewide Building Energy Use Benchmarking program. Present considerations: Because the city’s ordinance is more stringent than the state statute (the city ordinance includes all buildings greater than 25,000 square feet, as well as requiring annual water data), council has the option to uphold the benchmarking ordinance or rescind the ordinance in favor of the state managing benchmarking of St. Louis Park buildings. Staff notes the following reasons to recommend rescission: • Save an estimated $26,000 each year (or more depending on future contract price) indefinitely in help desk services • Save approximately 100 hours per year in staff time, which could be spent applying for and managing the many federal grant opportunities expected to be announced in 2024- 2025 • Align with other municipalities in Minnesota that currently require benchmarking and are likely to rescind their ordinances, including Edina, Bloomington, and Saint Paul Study session meeting of May 28, 2024 (Item No. 3) Page 5 Title: Efficient Building Benchmarking program administration • Demonstrate to local property owners that the city is listening and responding to their concerns about the program. It would help to improve the relationship between these property owners and sustainability staff, who need these property owners to participa te willingly in city programs to improve their building efficiency and meet climate goals. Some local building owners and managers contact the city every year, noting that they do not have the staff to handle benchmarking or stating that their utility dat a is private and the city is not entitled to it. This has created an adversarial relationship between some building owners and sustainability staff. The environment and sustainability commission has reviewed and discussed the program’s challenges and paths forward and is supportive of the staff recommendation. Next steps: If council is supportive of rescinding the Efficient Building Benchmarking ordinance, staff will return to council with an ordinance amendment. Meeting: Study session Meeting date: May 28, 2024 Written report: 4 Executive summary Title: Hennepin Energy Recovery Center closure plan update Recommended action: None. The purpose of this report is to provide an update on Hennepin County’s closure plan for the Hennepin Energy Recovery Center (HERC) and how it affects the City of St. Louis Park. Policy consideration: None Summary: Hennepin County has overseen the operation of an incinerator in downtown Minneapolis since 1989. Garbage from St. Louis Park’s organized collection program is hauled by the city’s garbage collection contractor, The Buckingham Companies, to the Hennepin Energy Recovery Center (HERC). On Oct. 24, 2023 the Hennepin County Board of Commissioners directed county staff to develop a closure plan for the HERC. Feedback was requested from cities and St. Louis Park, along with over 16 other cities within Hennepin County provided letters and/or resolutions cautioning the county on a premature closure and the unintended environmental and financial consequences that may result from doing so. At a Jan. 25, 2024 Hennepin County board meeting, county staff outlined a plan for the responsible closure of the HERC called “Reimagining the solid waste system.” The plan did not state a specific date for closure. Instead, it outlined conditions to be met to close down the HERC, including strategies outlined in the county’s Zero Waste Plan. Many of these conditions require legislative changes. This report outlines the 12 highest priority zero-waste actions identified by the county and how they may affect city programs and next steps for planning. Financial or budget considerations: None at this time. However, staff anticipates future changes in funding mechanisms and will return to council at a later date with more information. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion Prepared by: Kala Fisher, public services superintendent Reviewed by: Jay Hall, public works director Approved by: Kim Keller, city manager City council meeting of May 28, 2024 (Item No. 4) Page 2 Title: Hennepin Energy Recovery Center closure plan update Discussion Background: Hennepin County has overseen the operation of an incinerator in downtown Minneapolis since 1989. Garbage from St. Louis Park’s organized collection program is hauled by the city’s garbage collection contractor, The Buckingham Companies, to the Hennepin Energy Recovery Center (HERC). On Oct. 24, 2023 the Hennepin County Board of Commissioners directed county staff to develop a closure plan for the HERC. Feedback was requested from cities and St. Louis Park, along with over 16 other cities within Hennepin County provided letters and/or resolutions cautioning the county on a premature closure and the unintended environmental and financial consequences that may result from doing so. At a Jan. 25, 2024 board meeting county staff outlined a plan for the responsible closure of the HERC called “Reimagining the solid waste system.” The plan did not state a specific date for closure. Instead, it outlined conditions to be met in order to close down the HERC, including several strategies already outlined in the county’s Zero Waste Plan. The conditions fall into the four categories identified by the county, below: • Passing an extended producer responsibility law at the state legislature to require producers of packaging to take responsibility for that packaging all the way from design to recycling or safe disposal. • Securing adequate funding for zero-waste initiatives by using all revenue from the state’s solid waste management tax on waste management activities. • Banning recyclable materials, such as cardboard or mattresses, and organic materials like food scraps from landfills. • Recovering recyclable and organic materials from the trash by developing a recycling recovery facility, which would use a variety of technologies to sort cardboard, metal, some plastics, and organics materials from the trash for reuse or recycling. Present considerations: Hennepin County has acknowledged that certain conditions need to occur prior to closing HERC in order to avoid significant increases in green-house gas emissions due to hauling garbage to landfills instead. Many of these conditions are outside of Hennepin County’s control and require that a significant number of legislative changes take place before closure. The 12 highest impact zero-waste actions are listed below in order of approach and the governing body or bodies responsible. While cities are only listed as a responsible governing body under action number five, staff have noted anticipated city involvement under most of the activities. 1. Prioritize extended producer responsibility (EPR) for packaging (Legislature) o Note: EPR language is in the current budget bill sent to Governor Walz on May 19, 2024. If enacted this bill would provide additional funding for recycling and organics collection programs. 2. Secure adequate funding for zero-waste initiatives through SCORE and other sources (Legislature). o Note: County expects the city to expand programming with the added funding. City council meeting of May 28, 2024 (Item No. 4) Page 3 Title: Hennepin Energy Recovery Center closure plan update 3. Ban recyclable and organic materials from landfills (Legislature and MPCA) o Note: County expects collaboration with cities on implementation, policy changes, outreach, and education. 4. Recover recyclable materials from the trash – recycling recovery facility (Legislature and county) o Note: This would not replace curbside recycling programs, instead it pulls select recyclable materials from the trash that aren’t currently being separated by residents/businesses. 5. Support the transition to organized collection across Hennepin County (Legislature, county, and cities) o Note: This includes phased implementation, with multifamily and commercial collection at phase three. Staff will be monitoring for this phase specifically as it is not part of our current organized collection programming. 6. Increase compliance with Ordinance 13 and expand requirements (County) o Note: County expects cities to better enforce their own existing city recycling ordinance requirements and possibly implement additional requirements. 7. Develop and implement a plan to eliminate food waste (Legislature and county) o Note: County expects cities to promote programs and initiatives to residents and businesses. 8. Expand collection and drop-off options for hard-to-recycle items (Legislature and county) o Note: County expects cities to lead or collaborate on implementation of programs or partnering with the county on providing new drop-off locations. 9. Reduce single-use plastics and plastic packaging (Legislature and producers) o Note: County expects cities to collaborate with them on implementation, policy changes, and enforcement. 10. Increase the reuse and recycling of construction and demolition waste (Legislature) o Note: County expects cities to continue to support deconstruction through funding and program initiatives. 11. Mandate participation in recycling and composting programs (Legislature and county) o Note: County expects cities to better enforce existing requirements and potentially implement county requirements. 12. Ensure every individual has equitable access to zero-waste tools (Legislature and county) o Note: County expects cities to collaborate with them and community groups on implementation by improving access and increasing education, outreach, and programming. Hennepin County Solid Waste Management Plan Another important piece of planning for HERC’s closure is the development of the county’s 2024 solid waste management plan (SWMP). This plan is required by the Minnesota Pollution Control Agency in order for the county to receive SCORE funding. Hennepin County passes these funds on to the city through Residential Waste Reduction and Recycling Funding Policy agreements. Under this agreement, the city implements many of the waste reduction, reuse and recycling activities identified in the county’s SWMP. The city uses the SCORE funds to offset recycling and organics collection program costs. City council meeting of May 28, 2024 (Item No. 4) Page 4 Title: Hennepin Energy Recovery Center closure plan update Residential Waste Reduction and Recycling Funding Policy The city currently has a Residential Waste Reduction and Recycling Funding Policy agreement with Hennepin County that will expire Dec. 31, 2025. Staff expect that any new program requirements may be incorporated into the next funding policy agreement. Next steps: • Sept. 2024 – Dec. 2024 – Staff will engage in development process of Hennepin County Solid Waste Management Plan. The county will release their draft plan for public comment in September 2024. A final plan will be submitted to their county board for approval by the end of the year. • Dec. 2025 - A new Residential Waste Reduction and Recycling Funding Policy agreement with Hennepin County will be brought to council for approval. • Ongoing - Staff will continue to monitor legislative changes and county policy developments related to the HERC closure plan and provide updates to city council, including additional or new programing, as needed. Meeting: Study session Meeting date: May 28, 2024 Written report: 5 Executive summary Title: Setting a tree canopy goal Recommended action: No action requested. Policy consideration: None at this time. The purpose of this report is to set long-term goals for maintaining and growing the city’s tree canopy. These goals will lay the foundation for future discussions on tree preservation as part of the Environmental Stewardship system. Summary: In keeping with council direction, staff has researched an appropriate long-term tree canopy goal and determined for that it should be as follows: 30% tree canopy coverage in the city by the end of 2035 and 35% tree canopy coverage by the end of 2045. These goals were developed using multiple indicators including the current tree canopy percentage, the maximum potential canopy percentage and findings from research of similar goals in adjacent communities. Staff also considered other dynamic and more unpredictable factors such as the number of remaining private property ash trees that will succumb to emerald ash borer, future developments and road projects, weather, tree removals from natural decline in mature trees and pressure from invasive pests. The city currently implements programs and policies for tree protection and planting to enhance the local tree canopy and help achieve these long-term tree canopy goals. Some of these programs and policies have been in place for many years, while others began after staff last met with council to discuss this topic in August 2023. Staff and council will also explore new tree preservation strategies including ordinance updates to promote mature tree preservation at a June study session. Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion Aug. 28, 2023 study session minutes Prepared by: Michael Bahe, natural resources manager Reviewed by: Jason T. West, parks and recreation director Cindy Walsh, deputy city manager Approved by: Kim Keller, city manager Study session meeting of May 28, 2024 (Item No. 5) Page 2 Title: Setting a tree canopy goal Discussion Background: Tree canopy goal Tree canopy definition A calculation of estimated tree canopy is the percentage of ground that is covered by tree leaves during the growing season, inclusive of all public and private trees, when viewed from above. This process uses high-resolution aerial imagery data to identify tree crowns in a specific geography. The combined area of all tree crowns represents the total tree canopy. This measurement is then divided by total city land area to determine the percentage of canopy cover. April 2022 tree canopy percentage goal Council members Kraft, Rog and Brausen proposed a study session topic on establishing a tree canopy percentage goal. A staff analysis was prepared and discussed in April 2022. The city council agreed that a tree inventory should be completed so that current conditions are known prior to adoption of any new tree policies or goals. A tree inventory differs from a tree canopy calculation in that a tree inventory is intended to create a detailed database of trees with individual tree attributes collected. An update to the 2020 inventory of public trees is underway by members of the Climate Impact Corps Community Forestry Initiative. These members have been in the field since February 2023 collecting data on all boulevard and park trees; this work should be complete by 2027. Tree canopy percentage estimates: 2022 to present Council was presented with the estimate of our current tree canopy and noted that it continues to decline due to emerald ash borer (EAB), Dutch elm disease, oak decline and development projects which replace existing mature trees with young trees. Tree canopy percentage based on 2022 data in St. Louis Park was reported at 33.6% to city council at the Aug. 28, 2023 study session. (After more review of the data, city GIS staff lowered the estimated 2022 percentage to 29%.) At that meeting, staff recommended setting a tree canopy goal with the understanding that the tree canopy coverage would decrease further before it increases. Council agreed with this recommendation and asked staff to determine the appropriate goal. This trend was confirmed as data from 2023 showed the tree canopy value had dropped to 28.5%. Present considerations Establishing a long-term tree canopy goal Determining potential canopy maximum To set a tree canopy percentage goal, it is critical to understand the maximum possible canopy value. City staff determined the maximum potential canopy in the city is 52.6%. Factors that reduce the potential canopy percentage from 100% include athletic fields, golf courses, city roads, state highway rights of way, buildings and other impervious surfaces. This number is an upper limit target but will never be achieved citywide due to annual mortality and replacement as part of a natural system. There likely are opportunities, however, to achieve this percentage or higher in individual census tracts. The long-term tree canopy goal should fall between the current tree canopy value and the maximum potential tree canopy value. Study session meeting of May 28, 2024 (Item No. 5) Page 3 Title: Setting a tree canopy goal Canopy status: • St. Louis Park total land acreage: 6,912 acres • 2023 canopy coverage: 28.5% or 1,970 acres Long-term canopy goal Goal 1: 30% by 2035 (midterm goal) Staff is setting a midterm goal of 1.5% (104 acres) increase in tree canopy by 2035. This goal accounts for continued tree canopy percentage decline from EAB in the next three to five years and delayed growth of newly planted trees during the two to five years it takes to recover from planting stress. The extreme deficit in summer precipitation over the past few years will also likely delay growth of the 2020-2023 tree cohorts. As previously mentioned, tree canopy coverage in the city declined 0.5% from 2022 to 2023, which was a lower decline than anticipated. This may result from implementation of city initiatives such as increases in EAB preventative treatments in ash trees and city tree planting programs, along with a greater focus on tree preservation. Goal 2: 35% by 2045 Staff is setting a secondary goal of 6.5% (449 acres) increase in tree canopy by 2045. This goal is higher because it assumes a reduction in tree loss and an increasingly resilient urban forest between 2035 and 2045. During this time, tree loss from EAB will slow significantly as most ash trees will already be dead, removed or treated. Additionally, the city’s current initiatives to diversify species of newly planted trees will make the urban forest more resilient to future species-specific diseases or infestations. These potential threats to the tree canopy should therefore have a lower impact compared to EAB and Dutch elm disease. It is also expected that, during this period, the large quantity of trees that are currently being planted will be well established and contributing larger gains to the canopy percentage. Goal development Staff considered multiple factors when developing St. Louis Park’s canopy goal. City staff, with assistance from a Climate Impact Corps member serving with the city, researched over 140 communities in the Twin Cities metropolitan area to learn what other communities have set for tree canopy percentage goals. Of those, 25 stated a goal to “increase canopy” but did not provide a specific number; seven communities identified specific tree canopy percentage goals ranging from increases of 3% to 4% over a ten-year period. Several other dynamic factors were considered which are difficult to quantify including: • Number of remaining private property ash trees that will succumb to EAB • Future developments and road projects • Weather (droughts, storms, etc.) • Tree removals from natural decline in mature trees • Pressure from invasive pests Staff also considered quantifiable data such as past canopy percentages, potential canopy percentage, available right of way planting sites, number of remaining inventoried public ash trees, and current inventoried public property tree population diameter histogram. Study session meeting of May 28, 2024 (Item No. 5) Page 4 Title: Setting a tree canopy goal Strategies to achieve canopy goals: The city currently implements programs and policies for tree protection and planting to enhance the local tree canopy. Some of these programs and policies have been in place for many years, while others began after staff last met with council to discuss this topic in August 2023. Staff and council will also explore new tree preservation strategies at a June study session, including ordinance updates to promote mature tree preservation. Below are current and developing tree canopy enhancement programs: Tree planting Title Description Status Property type Annual tree sale City subsidized tree planting program for residents to buy trees to plant on their properties. Existing, 10+ years Private Full-service tree planting program City subsidized tree planting program for residents to buy trees and have them planted on their property by a city contractor. Existing, est. 2022 Private residential Shade SLP City cost share tree planting program for commercial properties. Existing, est. 2022 Private commercial Shade SLP Plus 100% cost covered planting program for residential properties in response to ash removals. Income based. State grant funded program. Existing, 2023-2026 (or until funds are used up). Private residential Depave SLP City cost share program to remove pavement (asphalt or concrete) and replace it with native plants, trees, rain gardens, pollinator habitats or permeable pavers. Existing, est. 2023 Private commercial Tree replacement Replacement of removed public trees at a 1:1 ratio of diameter at standard height. Existing, 10+ years Public right of way or parks Tree replacement – development fees Planting of trees on public properties with fees collected from development projects. This includes trees planted in boulevards from resident requests. Existing, 10+ years Public right of way, parks and Westwood Hills Nature Center Landscaping requirements Planting new trees and shrubs on public and private land to meet minimum landscaping requirements, Existing, 30+ years Private and public lands, including city right-of-way adjacent to sites. Only State Study session meeting of May 28, 2024 (Item No. 5) Page 5 Title: Setting a tree canopy goal whether there are removals or not. and County lands/projects are not technically subject to the city requirements. Tree preservation Title Description Status Property type Ash tree EAB preventive injection discount Bulk rate discount for residents through city contract with contractor. Existing, est. 2016 Private City ash tree EAB preventive injection Injection of public ash trees on city boulevards, parks and city properties. Trees 15” in diameter or greater. Currently 1200+ trees injected on three-year cycle. Updated in 2024 per city council request: Large ash over 25” diameter moved to two-year cycle for better protection. Updated in 2024; Existing, est. 2016 Public Oak and elm tree disease & insect protection program 15% cost share with residents who inject their trees to protect them from Dutch elm disease and oak wilt. Updated in 2024 per city council request: Cost share increased to 50% or 75% based on income. Now includes two-lined chestnut borer treatments in oak trees. City now covering injection of city boulevard elm trees that were previously paid for by the adjacent property owner. Updated in 2024; Existing, 10+ years. Private, public Oak tree management information Request from city council: develop information for residents to increase the health of oak trees in the city. Web page and brochure in Coming May 2024 Private Study session meeting of May 28, 2024 (Item No. 5) Page 6 Title: Setting a tree canopy goal development. Expected completion May 2024. Tree protection ordinances: Zoning (Chapter 36) Requirements for commercial developments and lot divisions to preserve existing trees or replace removed trees during construction. Updates to tree preservation ordinance proposed for 2025 per council request. Scheduled to be presented during 2024 Environmental Stewardship system. Planned ordinance update for 2025; Existing, 10+ years. Private, public Tree protection ordinances: Vegetation (Chapter 34) Ordinances protecting public trees from damage or removal, and protection of all trees from certain diseases and infestations. Existing, 10+ years Private, public Next steps: Staff will proceed administratively with the tree canopy goals detailed above. The tree canopy goals of 30% tree canopy coverage in the city by the end of 2035 and 35% tree canopy coverage by the end of 2045 will be added to the Urban Forestry Management Plan. At the June 10 council study session, staff will present a set of tree preservation code amendments for council to discuss. Should council wish to adopt these amendments, staff will write council actions for formal adoption in July-August 2024. Meeting: Study session Meeting date: May 28, 2024 Written report: 6 Executive summary Title: Annual Stormwater Pollution Prevention Program report Recommended action: This report is intended to provide the council with a summary of activities undertaken by the city in 2023 to meet the city’s Municipal Separate Storm Sewer System (MS4) permit and Stormwater Pollution Prevention Program (SWPPP) requirements. Policy consideration: None Summary: The City of St. Louis Park is permitted by the Minnesota Pollution Control Agency (MPCA) for the discharge of stormwater from the city’s storm sewer system into waters of the state, such as Minnehaha Creek. This permit is required based on an amendment to the Environmental Protection Agency’s (EPA) Clean Water Act (CWA) and the creation of the National Pollutant Discharge Elimination System (NPDES). St Louis Park, along with over 200 other Minnesota cities, are permitted as MS4 communities. Each year, as a condition of the permit, the city conducts a review of its SWPPP to determine program compliance, the appropriateness of best management practices (BMPs) and progress toward achieving the identified goals. City staff completed an annual review of the activities to ensure compliance. However, the MPCA is in the process of updating their electronic reporting platform; due to this, MS4 permittees covered by the 2020 MS4 General Permit, are not required to submit an annual report for the calendar year 2023. When MPCA releases its new e- service submittal program sometime in 2025, the city will report MS4 activities for the previous years (i.e., calendar years 2022, 2023, and 2024). To provide the public with opportunities to offer input on the adequacy of the SWPPP, it and the annual report are located on the city’s stormwater management webpage, along with a link to submit questions or add comments about the program. Staff also held a public open house to share the city’s stormwater program activities on April 20 in the Westwood Hills Nature Center. Financial or budget considerations: Not applicable at this time. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion 2023 SWPPP Stormwater Activity Highlights Prepared by: Erick Francis, water resources manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager Study session meeting of May 28, 2024 (Item No. 6) Page 2 Title: Annual Stormwater Pollution Prevention Program report Discussion Background: The National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit establishes conditions for discharging stormwater and other related discharges into the waters of the state. Operators of regulated small MS4s are required to design their Storm Water Pollution Prevention Program (SWPPP) to: • Reduce the discharge of pollutants to the “maximum extent practicable” (MEP) • Protect water quality • Satisfy the appropriate water quality requirements of the Clean Water Act The EPA’s Phase II Rule defines a small MS4 stormwater management program as a program comprising six elements that, when implemented in concert, are expected to result in significant reductions of pollutants discharged into receiving water bodies. The SWPPP is broken out into six program elements, termed Minimum Control Measures (MCMs). These are: MCM 1 Public education and outreach Distributing educational materials and performing outreach to inform citizens about the impacts polluted stormwater runoff discharges can have on water quality. MCM 2 Public participation/ involvement Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on a stormwater management panel. MCM3 Illicit discharge detection and elimination Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (includes developing a system map and informing the community about hazards associated with illegal discharges and improper disposal of waste). MCM 4 Construction site runoff control Developing, implementing, and enforcing an erosion and sediment control program for construction activities that disturb one or more acres of land (controls could include silt fences and temporary stormwater detention ponds). MCM 5 Post-construction runoff control Developing, implementing, and enforcing a program to address discharges of post- construction stormwater runoff from new development and redevelopment areas. Applicable controls could include preventative actions such as protecting sensitive areas (e.g., wetlands) or the use of structural BMPs. MCM 6 Pollution prevention/ good housekeeping Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (e.g., regular street sweeping, reduction in the use of pesticides or street salt, or frequent catch-basin cleaning). Implementation of the MEP standard will typically require the development and implementation of best management practices (BMPs) and the achievement of measurable goals to satisfy each of the six MCMs. Study session meeting of May 28, 2024 (Item No. 6) Page 3 Title: Annual Stormwater Pollution Prevention Program report BMPs are practices, techniques and measures that prevent or reduce water pollution from nonpoint sources by using the most effective and practicable means of achieving water quality goals. BMPs include but are not limited to, official controls, structural and nonstructural controls and operation and maintenance procedures. Each year, as a condition of the permit, the city conducts a review of its SWPPP to determine program compliance, the appropriateness of BMPs and progress toward achieving the identified goals. To achieve this, staff performs an annual review of the activities completed to ensure compliance. Updates to the MS4 annual report process: Since 2021, the MPCA has been in the process of developing a new e-service for the MS4 annual report. In addition, the MPCA is revising/ updating many annual report questions to align with the requirements in the 2020 MS4 General Permit and meet the requirements of the federal National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule. Since the MPCA does not have an annual reporting system in place yet, MS4 permittees that have coverage under the 2020 MS4 General Permit do not need to submit an annual report to the MPCA for the calendar year 2023. Instead, when the e-service is released, MS4 permittees will be expected to report MS4 activities for each previous reporting year (i.e., calendar years 2022, 2023, and 2024). The MPCA will communicate to MS4 permittees when the new e-service becomes available but tentatively anticipates the e-service will be released in 2025. SWPPP review: St. Louis Park is covered by the 2020 MS4 General Permit and is therefore not required to submit an annual report to the MPCA for the calendar year 2023 at this time. However, staff completed its assessment of St. Louis Park’s SWPPP to stay on top of progress and make reporting easier once the MPCA releases their e-service in 2025. The city’s SWPPP is located on the city’s stormwater management webpage: https://www.stlouisparkmn.gov/government/departments-divisions/engineering/stormwater- management/stormwater-pollution-prevention-program-swppp The information requested by the MPCA in the report is meant to provide the basis for an assessment of the appropriateness of the BMPs and the progress that has been made toward achieving the identified goals for each of the MCMs. This assessment is based on results collected and analyzed from inspection findings and public input received during the reporting period. The city provides the public with opportunities to offer input on the adequacy of the SWPPP. In addition to providing this report to the council, staff actively promotes the stormwater management program using city publications, social media, and events, as well as having a dedicated public meeting each year, which was held in the Westwood Hills Nature Center on April 20, from 6:00 to 7:00 p.m. Staff is committed to implementing the SWPPP and maintaining a high level of compliance with our MS4 permit. This includes continuing to review and refine 1) city processes to reduce pollutants from entering surface waters and 2) record-keeping procedures. St. Louis Park Engineering Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416 www.stlouisparkmn.gov • Phone: 952.924.2656 • Fax: 952.924.2662 • TTY: 952.924.2518 Stormwater Pollution Prevention Program 2023 Activities The MS4 General permit (Permit) is designed to reduce the amount of sediment and other pollutants that enter state waters from stormwater systems. Entities regulated by the MS4 general permit must develop a Stormwater Pollution Prevention Program (SWPPP or Program) and adopt best management practices (BMPs). In compliance with Permit requirements, the City of St. Louis Park has developed Standard Operating Procedures (SOPs) for each of the six minimum control measure (MCM), Emergency Response Procedures (ERPs), and supplemental documentation. These documents are available upon request. The items documented below serve as the 2023 annual assessment of MCM activities completed. MCM‐1: Public education and outreach activities Permit requirement: Permittees shall develop and implement a public education program and distribute educational materials that inform the public of the impact stormwater discharges have on water bodies and that include actions citizens, businesses, and other local organizations can take to reduce the discharge of pollutants to stormwater. The following are activities completed in compliance with the Permit and the city’s Program: •Distributed educational materials on two stormwater-related issues (permit requirement 16.3), including: o Rainwater Rewards Program: The rainwater rewards program installed 35 rain gardens and received $24,000 in grant funding from the Clean Water, Land, and Legacy amendment. o The effects of yard waste on water quality. •Organized and facilitated the Metro Blooms Resilient Yard Workshop, Turf Alternative Workshop, Resilient Shorelines, and Healthy Soils Workshop, part of the Rainwater Rewards Program, with a total of 100 attendees. •Distributed various stormwater management-related educational materials (permit requirements 16.4-16.6), including two postings on pet waste, four on smart salting, and one on illicit discharges. o Circulated stormwater and environmental educational materials at Westwood Hills Nature Center, which receives over 32,000 visitors annually. o Published 12 stormwater articles in Park Perspective, Park and Recreation Guide, Star Tribune, and Sun Sailor with distribution methods of newspapers and online website postings. Topics included the Rainwater Rewards Program, Yard Waste Management, Winter Maintenance, Pet Waste, and the Adopt-a-Drain program. Study session meeting of May 28, 2024 (Item No. 6) Title: Annual Stormwater Pollution Prevention Program report Page 4 Page 2 of 5 o Received approximately 2,700 clicks on the city’s website about Program information. o Published 34 social media posts about stormwater management topics, including the Rainwater Rewards Program, Yard Waste Management, Winter Maintenance, Pet Waste, and the Adopt-a-Drain program. Targeted residents, businesses, commercial facilities, and institutions. MCM‐2: Public involvement and participation Permit requirement: Permittees shall implement a public participation/involvement program to solicit public input on the Program. The following are activities completed (see Table 1) in compliance with the Permit sections 17.3‐17.7 and the city’s Program: Table 1 Public events and meetings held (2023) Activities Date Quantity/ Units Adopt-a-Drain Open throughout the year 288 Participants 517 Drains adopted MPCA Environmental Focus Group Partner Attended one meeting 8 members Steering Committee for the Minnesota Cities Stormwater Coalition Monthly 200+ Member Cities Metro Watershed Partners Quarterly meetings 50+ Partners Annual Open House at Westwood Hills Nature Center April 20, 2023 0 Attendees Annual Rain Barrel Pick-up event May 7, 2023 156 Attendees/Barrels sold May 9, 2023 City Council S.S. Report June 12, 2023 N/A Ecotacular June 17, 2023 50+ Attendees The program materials are posted on the city’s website here; comments are welcomed at any time and the comments received are available upon request. Study session meeting of May 28, 2024 (Item No. 6) Title: Annual Stormwater Pollution Prevention Program report Page 5 Page 3 of 5 MCM‐3: Illicit discharge detection and elimination (IDDE) Permit requirement: Permittees shall implement and enforce a program to detect and eliminate illicit discharges into the city’s storm sewer system. The following are activities completed in compliance with the Permit sections 18.8 ‐18.17 and the city’s Program: • Observed eight (8) illicit discharges and responded with verbal warnings and letters of warning. ERPs and response documentation are available upon request (Permit Requirement 18.13-18.14 and 18.17). • Identified and inspected areas within the city that have an elevated potential for illicit stormwater discharges or high-priority areas as described in Permit Requirement 18.10. Maps of the high-priority areas are available upon request. • Implemented a comprehensive training program (Permit Requirement 18.8-18.9) for city field staff, including: o Park and Recreation staff and Public Works (May 24) o Engineering (May 25) o Firefighters (May 9,11,16) o Police Officers on (March 6, 7, 8) o Building and Energy (May 11) • Distributed illicit discharge detection and elimination information on social media focused on reaching target audiences, including residents, businesses, institutions, and commercial facilities. • Developed a new Illicit discharge inspection and tracking mapping database using cartograph (Permit Requirement 18.10-18.12). Inspection reports and maps are available upon request. MCM‐4: Construction site stormwater runoff control Permit requirement: Permittees shall implement and enforce a construction site stormwater runoff control program that reduces pollutants in stormwater runoff related to construction activity. The following are activities completed in compliance with the Permit sections 19.3‐19.15 and the city’s Program: • Reviewed 26 construction plans and issued 26 erosion control permits (Permit Requirement 19.3-10). • Performed 385 construction site inspections (Permit Requirement 19.7-19.9). • Collected damage deposits for erosion control permits to aid in maintaining compliance. • Issued six written notices of violation for noncompliance for projects greater than one acre (Permit Requirement 19.12 and 19.15), which the contractor responded to our violation notification. Study session meeting of May 28, 2024 (Item No. 6) Title: Annual Stormwater Pollution Prevention Program report Page 6 Page 4 of 5 • Provided training to Engineering, and Building and Energy staff on May 11 and 25 (Permit Requirement 19.11) MCM‐5: Post‐construction runoff control Permit requirement: Permittees shall implement and enforce a post-construction stormwater management program that prevents or reduces water pollution after construction activity is completed. The following are activities completed in compliance with the Permit sections 20.3‐20.17 and the city’s Program: • Completed stormwater management plan reviews for four projects (Permit Requirement 20.3-20.14). • Maintained mapped GIS inventory of structural stormwater BMPs not owned or operated by the permittee (Permit Requirement 20.16). Maps are available upon request. • Engineering staff received training on February 2, May 4, September 29, and/or October 12 (Permit Requirement 20.18). MCM‐6: Pollution prevention/good housekeeping for municipal operations Permit requirement: Permittees shall develop and implement an operations and maintenance program that prevents or reduces the discharge of pollutants from permittee-owned and operated facilities. The following are activities completed in compliance (Table 2) with the Permit sections 21.3‐ 21.14 and the city’s Program: Study session meeting of May 28, 2024 (Item No. 6) Title: Annual Stormwater Pollution Prevention Program report Page 7 Page 5 of 5 Table 2 Pollution Prevention/Good Housekeeping Practices Completed (2023) Maintenance or operational activity Location/Element Quantity Inspected Storm sewer outfalls 172 Stormwater ponds 61 Stormwater management best practices (Under Ground vaults, tree trenches, pervious pavers, rain gardens) 23 Maintained Storm sewer, sump manholes, and grit pit 9 Removed Westdale Pond 800 cubic yards of accumulated sediment Swept Streets and alleys 1,871 miles and removed 5,911 cubic yards of material Planned weather postponed maintenance Storm sewer outfall replacements 5 Lamplighter Pond 5,500 cubic yards of accumulated sediment In addition to the information presented in the table above, the city tallied 919 tons of chlorides used; provided Program-specific training to city staff, which are responsible for winter maintenance activities, via in-house training and Smart Salting Training; and worked with Operations to evaluate existing policies and practices to improve the process and reduce pollution potential. Study session meeting of May 28, 2024 (Item No. 6) Title: Annual Stormwater Pollution Prevention Program report Page 8