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HomeMy WebLinkAboutOct 13, 2009 Council workshop packet CITY OF 1P ( L C LAKE ELMO City of Lake Elmo 651/777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 City of Lake Elmo City Council Workshop 3800 Laverne Avenue North Lake Elmo, MN 55042 October 13, 2009 6:30 p.m. 1. Agenda 2. Fire Chief Malmquist: (verbal) a. N 1 H 1 Contingency Plan b. (IEMC) Emergency Management Training in 2010 3. Outdoor wood burning furnaces/smoke nuisance 4. Water Supply Plan a. Water Conservation Rates (Tom Bouthilet b. Water Use Restrictions (Ordinance Update by City Engineer) 5. 2010 Organizational Meeting date change (City Administrator-verbal) 6. Adjourn �a printed on recycled paper f City Council Workshop Date: October 13,2009 Item: 3 ITEM: Potential Consideration of an Outdoor Wood Burning Ordinance SUBMITTED BY: Sharon Lumby, City Clerk THROUGH; Bruce A. Messelt, City Administrator REVIEWED BY: Kyle Matt, Planning Director Greg Malmquist, Fire Chief A few inquiries citizen have been made to City Hall regarding the use and regulation of outdoor wood burning furnaces and boilers. Issues emanating from their use include creation of excess smoke and smell,their aesthetic look, and overall safety. At present, the City of Lake Elmo has no such ordinances or regulations in place. However, neighboring communities and the League of Minnesota Cities have addressed this and related or similar issues(please see attached). Recommendation: It is recommended that the City Council briefly discuss this issue and determine if it is appropriate for City Staff to look further into the development of a proposed ordinance for Planning Commission and, ultimately, City Council consideration. Other Considerations: City staff estimate the amount of time and effort required to undertake such research and drafting to be minimal. However, City staff would consider this direction to be of lower priority than other current activities and, as such, no specific timeline is recommended for preparation and presentation to the Planning Commission and City Council. Attachments: As stated 4 RegulatingOutdoor Furnaces and Boilers By Rachel Carlson ith the recent rise in the cost ■ Set off their home carbon monoxide ates that air surrounding people and of natural gas and oil,the use detectors. invades their residences and places of of outdoor wood burners Federal Environmental Protection occupation." (also:known as boilers,furnaces, Agency studies indicate that OWBs The council has authority to explic- and heaters)is becoming more produce over 1,000 times more smoke idy define a particular nuisance,and common nationally.As a result, than traditional interior gas and oil then to provide for its regulation or cities may be receiving inqui- furnaces.Since OWBs tend to be placed abolition.This means that a city can ries from homeowners who in small shacks with very short smoke- choose to either completely prohibit wish to install outdoor wood burners stacks,this dense smoke is often emitted OWBs as a nuisance in an ordinance,or (OWBs).In addition,cities may receive very close to the ground,near windows provide detailed guidelines for their use. complaints from neighbors of newly and in areas where people circulate.The In cities that choose to regulate OWBs, installed OWBs,particularly concerning smoke and emissions problems associated the regulations usually: the smoke they generate. with OWBs can be exacerbated when ■ Limit the use of OWBs to areas Generally,OWBs are more common owners use the burner to dispose of zoned for agricultural use. in rural settings.However,in recent trash,tires,or treated wood,potentially ■ Prohibit the burning of treated wood, year's,the use of OWBs has increased releasing toxic chemicals into the air. garbage,and other potentially harmful in more densely residential neighbor- Inhalation of wood smoke is noted materials. hoods.Typically,an OWB resembles to cause many unhealthful side effects. ■ Impose setback requirements from a small shed with a short smokestack. Burning wood adds harmful fine par- neighboring properties. It burns wood'in a fire box to heat titles and toxins to the air,according ■Require smokestacks that are at least water in a water jacket that surrounds to the Minnesota Pollution Control as high as neighboring residences. the box.Used as a water heater.and/ Agency web site.These particles can ■ Require an annual permit with or aprimary heat source for the home cause short-term eye,lung,and throat inspections. (typically when attached to a forced irritation problems and long-term Cities may also attempt to regulate air furnace inside the home),the typi- health effects (e.g.,chronic obstruc- OWBs through their zoning ordinance. cal OWB is powered by wood.Some tive lung disease,chronic bronchitis, Cities could permit or prohibit the OW.Bs burn corn,pellets,and biomass, increased risks of cancer),and may be OWBs as an accessory or conditional use but this article:will focus on wood- especially harmful to young children and establish setback and lot size require- burning OWBs. with developing lungs. ments.If a city chooses to regulate the Dangers of OWBs.Due to the rapid What cities can do.Although no OWBs through its zoning regulations, increase in OWBs in NewYork,the federal or state regulations currently it should consider whether existing state attorney general commissioned a exist,many cities have opted to regu- OWBs must comply or be considered study on OWB use.The report,-titled late OWBs on a local level through a lawful non-conformity,pursuant to "Smoke Gets inYour Lungs:Outdoor their nuisance ordinance.A nuisance Minn.Stat..§462.357,subd.Ic.In con- Wo©d Boilers}n NewYork State," is generally defined as anything that is trust,pre-existing uses that are declared found that neighbors of OWB users injurious to health,indecent or offen- a nuisance and regulated as such are not reported that the OWB smoke: sive to the senses,or an obstruction to protected as lawful non-conformities. ■Led to a variety of health symptoms, the free use of property so as to inter- More information.Sample ordinance including'upset stomach,headaches, fere with a comfortable enjoyment of provisions related to OWBs are avail- di'zziness,respiratory effects,and life or property. able by contacting the LMC Research throat and eye irritation. State statute gives cities the author- Department at(651)281-1200 or (800) ■Prevented neighbors from using their ity to regulate nuisances via a local 925-1122.i yards for normal activities such as ordinance.In Minnesota,cities'regula- gardening,hanging clothes out to dry, tion of smoke as a potential nuisance is and playing with children. longstanding.In 1911,the Minnesota ■Left a residue and smoke odors on Supreme Court upheld a Minneapolis items inside their homes such as ordinance defining excessive smoke as Rachel Carlson is research attorney with the clothing,curtains and upholstery. a public nuisance,noting that"smoke League of Minnesota Cities.Phone:(651) ...becomes a nuisance when it perme- 281-1226.E-mail:rearlson@lmc.o►g. FEDRu:ARY 2008 N4INNESOTA CITIES 1 9 J 4 l AN ORDINANCE TO AMEND THE CODE OF THE CITY OF WINONA, MINNESOTA 1979 The City of Winona does ordain: Section 1. That Article IV of Chapter 43 of the City Code of Winona, Minnesota, 1979, which Article is entitled "Performance Standards" be amended by adding thereto the following section: "Q'3.33.1 DETACHED HEATING SYSTEM. (a} Permit Required. No person shall allow, maintain or use any detached heating system in the City of Winona without first obtaining a mechanical permit for the installation/operation of said appliance. The permit will be issued to install only new "listed" appliances. All detached heating systems are to meet emission standards currently required by the Environmental Protection Agency (EPA) and the Underwriters Laboratories (UL) listing. This documentation must be provided to the Building Inspector at the time the Permit Application is made. (b) Compliance Requirements. Any existing detached heating system shall immediately comply with all manufacturer's requirements and appropriate fuel requirements. Any person having installed a detached heating system without a mechanical permit must obtain a permit and conform to the requirements of this section within 60 days of adoption. Detached heating systems without a mechanical permit that do not conform to the requirements of this section shall be removed within 60 days of adoption. Detached heating systems installed with a mechanical permit shall comply as closely as possible with the requirements of this section. Legal nonconforming detached heating system shall not be replaced once it is no longer operational. (c} Location. (1;) No detached heating system shall be located in a front or street yard. The intended location shall be behind the rear building line of the principal structure served by the appliance. (2) Setbacks shall be as follows: Side and rear yard setbacks shall be not less than 150 feet to the lot line. (3) Distance to buildings served by the appliance shall be per the manufacturer's installation instructions. 1 (4) Distance to any structures of adjoining properties not served by the appliance, I and related stack heights, will be as follows: i a. 150-250 feet away from adjoining property structure: stack height to meet or exceed the peak line of the residence plus two feet. b. 250 feet away from adjoining property structure: 20 foot minimum stack height measured from the adjoining grade to the appliance. The minimum chimney height shall be 20 feet unless a greater height is required by the above requirements. c. Stacks shall be designed, constructed and maintained to withstand horizontal wind pressures of not less than 30 pounds per square feet. (d) Operation of Detached Heating System (1;) Installation. a. All detached heating systems shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply. b. The heating appliance shall be installed on a concrete slab that extends a;minimum of 2 feet past the rear and sides of the appliance and shall provide a minimum 5 foot by 5 foot area at the loading end of the appliance. (2) Fuel. Fuel shall be only natural untreated dry wood or wood specifically permitted by the manufacturer or other fuels listed by the manufacturer of the unit. Notwithstanding the foregoing following fuels are strictly prohibited: a. The burning of processed wood products and other non-wood products, including but not limited to pallet lumber. b. Kerosene c. Garbage/Trash d. Painted wood and/or any "treated" wood e. Any other item not specifically allowed by the manufacturer or this provision. (3) Fuel Storage. Stacks of fuel for the outdoor wood-burning furnaces shall be arranged in a neat and orderly fashion in the rear yard a minimum of 10 feet from side and rear lot lines, so as to maintain the aesthetic value of the neighboring City properties. Wood shall be stacked on pallets or racks a minimum of 4 inches off the ground to minimize rodent harborage. Other fuels shall be stored in suitable containers to prevent attracting rodents. (4) Usage. The operation of a detached heating system shall be allowed only from November 1 to March 31 of any calendar year, 2 f (e) Definition. A detached heating system shall include any system for the production of heat for any residential or other structure used for human habitation, whether fueled by the burning of wood or other approved natural or processed materials, which is located outside of the structure for which the heat is generated. Such shall include but not be limited to outdoor wood-burning furnaces, wood-burning boilers and other detached energy systems, whether the same be free-standing or encompassed within a separate building or structure not intended as the primary beneficiary of the heat produced thereby, and regardless of the method of heat exchange. (f) Enforcement/Penalties. Any person violating any provision of this section, including the operation of a detached heating system without a permit, shall be guilty of a misdemeanor. Every twenty-four (24) hours of continued unauthorized or illegal use after the initial citation may be cited as a separate occurrence. Any enforcement officer With citation powers may issue the citation for the offense." Section 3. That this ordinance shall take effect upon its publication. Dated this day of , 2009. Mayor Attested By: City Clerk City/ordinance/Detached Heating Systems.doc 3 City Council Workshop Date: October 13, 2009 Item: 4a ITEM: Proposed Water Conservation Rate Structure SUBMITTED BY: Tom Bouthilet, Finance Director Joe Rigdon, Financial Consultant THROUGH: Bruce A. Messelt, City Administratoe/)l� REVIEWED BY: Mike Bouthilet, Public Works Superintendent SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a proposed Water Conservation Rate Structure for the municipal water system, in accordance with the required Water Supply Plan (regulated by the Minnesota Department of Natural Resources), and in accordance with best operating practices to minimize the water system well and storage facility requirements. Minnesota Statues 103G.291 requires public water suppliers serving more than 1,000 people to employ water use reduction measures and implement a conservation rate structure. The conservation rate structure must be implemented by January 1, 2010. For initial Council discussion, a preliminary conservation rate structure for the City's water billing was developed as shown below. No change to the quarterly base charge of $25 or the usage charge for the first 15,000 gallons used per quarter ($2.15 per 1,000 gallons) is proposed. Five tiers of usage levels are proposed, with incrementally increasing usage rates in each tier. The rates have been structured to increase approximately 25%per tier in an effort to encourage the conservation of water. Based on the City's estimate of an average residential customer using 30,166 gallons of water per quarter, the average residential water bill is estimated to increase 8% from $91.20 to $98.31 per quarter when applying the preliminary conservation rates. Beginning in 2010, increased annual water revenues of $25,000 are estimated to be generated by the preliminary conservation rate schedule. Based on current projections, the Water fund is expected to incur annual operating losses of approximately $250,000. Adding back non-cash depreciation expense of approximately$310,000 per year results in positive cash flow from operations. However, net non-operating revenues (water connection fees, tower rent) and expenses (interest on water bonds) as well as principal payments on water bonds are currently projected to reduce the Water fund's cash position each year. City Council Workshop --page 2 -- October 13, 2009 Item: 4a City of Lake Elmo Current Quarterly Information: Base Charge $25.00 Rate per 1,000 gallons $2.15 Average Residential Bill $91.20 Average Residential Quarterly Consumption (gallons) 30,166 Hypothetical Quarterly Conservation Rates: Base Charge $25.00 Rate per 1,000 gallons: 0- 15,000 gallons $2.15 15,000 - 30,000 gallons $2.70 30,000 - 50,000 gallons $3.40 50,000 - 80,000 gallons $4.30 80,000+ gallons $5.40 Average Residential Bill Using Conservation Rates: (30,166 gallons): Base Charge $25.00 0- 15,000 gallons $32.25 15,000-30,000 gallons $40.50 30,000 -50,000 gallons $0.56 $98.31 Increase to Average Residential Bill Using Conservation Rates 8% Debt service payments on the 2005A $4,600,000 G.O. Water Revenue Bonds have been largely responsible for drawing down the Water fund cash. At the time the bonds were issued, the City projected an average of approximately 170 new housing units each year, each generating a Water Access Charge (WAC). The City is not realizing the originally expected level of housing starts and related WAC fees during the present economic slowdown, and the Water fund cash position has been adversely affected. For 2010, the Water fund cash position is projected to decrease approximately $125,000. In an effort to begin addressing the declining cash balance, the following measures are being contemplated: ■ Increased annual water revenues of $25,000 estimated to be generated by the preliminary conservation rate schedule ■ Utilization of currently proposed 2010 capital outlay transfers from the General Fund budget in the amount of$50,000 ■ Drawdown of Water fund cash reserves of$50,000 In the absence of WAC fees from new development. the Water fund cash will annually decrease unless other sources can be identified. Contingent strategies to combat the cash depletion should be developed through the City's capital improvement planning process. City Council Workshop Date: October 13, 2009 Item: 4b ITEM: Water Use Restrictions Ordinance Update SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Tom Bouthilet, Finance Director Jack Griffin, City Engineer Kyle Klatt, Planning Director Mike Bouthilet, Public Works Superintendent SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider implementing water conservation measures for the municipal water system, in accordance with the required Water Supply Plan (regulated by the Minnesota Department of Natural Resources), and in accordance with best operating practices to minimize the water system well and storage facility requirements. Minnesota Statues 103G.291 requires public water suppliers serving more than 1,000 people to employ water use reduction measures and implement a conservation rate structure. The conservation rate structure must be implemented by January 1, 2010. Additional conservation measures are being recommended to help alleviate the peak water demands being placed on the municipal water system during the summer dry months, primarily due to lawn irrigation. Water shortages are recorded by the Public Works Department each year. During dry periods, Well No. 2 cannot maintain the operating water level in Water Tower No. 2. Staff will present the proposed water use restrictions for the municipal water supply, including permanent Odd/Even and Time of Day Sprinkling Bans. The Finance Director will provide an update on the proposed conservation rate structure to be implemented by January 1, 2010. The proposed rates, in addition to incentivizing water conservation and meeting state mandates, will modestly assist the City in addressing current insolvency in the Water Utility Enterprise Fund. ATTACHMENTS 1. Draft Water Restrictions Ordinance Update 2. Water Operating Level Graph 3. Winter Months Versus Summer Months Water Flow Data 50.40 WATER USE RESTRICTIONS EMERGENCY AUTHORITY: To protect the health and safety of the consumers, as well as the general welfare, the Mayor or City Council may impose emergency regulations pertaining to City water use. Whenever the City shall determine that a critical water deficiency prevails, it may limit the times and hours during which water may be used from the City water system for lawn and garden sprinkling, irrigation, car washing, air conditioning, and other non-essential uses. It is unlawful for any water consumer to cause or permit water to be used in violation of such determination after public announcement thereof has been made through publication or by posting in the City Hall and City website specifically indicating the restrictions thereof. (A) The Mayor or City Council may declare a critical water deficiency to prevail within the City whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the City to the extent that:there would be insufficient water for human consumption, sanitation, and fire protection. (B) The Mayor or City Council shall thereupon enact such regulations and restrictions on the delivery of water and the consumption within the City to conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. (C) When the Governor of the State of Minnesota declares a critical water deficiency, the Mayor or City Council will enact and enforce water conservation restrictions in accordance with Minnesota Statute 103G.29.1. (D) Water use regulations and restrictions may include the right to deny applications for new or additional service.connections, and provisions for their enforcement by discontinuing service to customers willfully violating the regulations and restrictions. PERMANENT WATER USE RESTRICTIONS: To encourage water conservation and allow flexibility in the City's water system in meeting peak demands, and to reduce the required water supply and storage capacity requirements allowing for a lower cost water system,certain limitations must be placed on the City's water supply. (A) Odd/Even Sprinkling Ban: Property owners having even numbered postal addresses may water, sprinkle, or irrigate their lawns only on even numbered days, and property owners having odd numbered postal addresses may water, sprinkle, or irrigate their lawns only on odd numbered days. (B) Time of Day Sprinkling Ban: All property owners are prohibited from watering, sprinkling, or irrigating their lawns between the hours of 10 A.M. and 5 P.M. daily. (C) Exceptions: The permanent water use restrictions do not apply in the following situations: 1. Private wells. 2. Recently established lawns if permission is granted through a Watering Restriction Waiver form, allowing daily watering for up to 30 days after installation. Watering must still adhere to the restricted hours for the Time of Day Sprinkling Ban. New sod or seeded lawns or other landscaping requiring watering, sprinkling, or irrigation, shall not be installed during a water shortage emergency. 3. Attended hand watering of plants, shrubs, trees, and gardens. LAWN WATERING, SPRINKLING, AND IRRIGATION: All lawn sprinkler systems and irrigation systems connected to the municipal water 'tem, whether such systems are aboveground or underground, shall require a perrnit; onnection and shall be installed in accordance with the Minnesota State plumbing co Nonserve water, all lawn sprinkler systems and irrigation systems which are. a omatzd•'*r are equipped to operate - *=.,.;. automatically and which are connected toy-A.6. hunicipal water:system, shall be equipped with a rain-detection device such to-prce system from©pirating when it rains (per MN Statute 103G.298). All lawn sprinkli stems and irrigation`systems connected to the municipal water system shall be constructe1;and operatdd to prevent Ater waste resulting from inefficient landscape irrigation by prohibiting rtaa[ff, low head drainage, over spray, or other similar conditions wl e water flows o ft,Afj"acent property, non-irrigated areas, walks,roadways,or structures > ENFORCEMENT. failure to compg..wnth re ifibh'ons or 00"libitions imposed under this ordinance shall are in �a.`surcharge l... t r service, .for each violation in an amount determined byr64orlution of 'e.City Conn hich sha11`be added to the water bill for the property on which.uch violation occurs. E40 day of violation shall be deemed a separate violation-:_ ontinue& i9atian:: all=be cause or discontinuing water service. w .c ,:ti.- I WINTER AND SUMMER FLOW COMPARISON WELL#1 JAN FEB MARCH TOTALS 2008 1,619,100.00 2,287,300.00 2,383,500.00 6,289,900,00 2009 1,475,000.00 1,346,600.00 1,552,000.00 4,373,600.00 JUN JUL AUG 2008 2,679,700.00 3,959,200.00 4,066,300.00 10,705,200.00 2009 3,820,100.00 3,823,400.00 2,410,900.00 10,054,400.00 TWO YEAR DIFFERENCE 22,675,900.00 WELL #2 JAN FEB MAR 2008 3,461,000.00 3,341,000.00 3,507,000.00 6,802,000.00 2009 3,637,000.00 3,365,000.00 4,023,000.00 11,025,000,00 JUN JUL AUG 2008 12,826,000.00 22,254,000.00 21,040,000.00 56,120,000.00 2009 16,988,000.00 19,243,000.00 10,810,000.00 47,041,000.00 TWO YEAR DIFFERENCE 98,938,000.00 0 c a 0 Cd 8 vUi U o N =�9 O O N c i 3 0 -d N O 5 o1- I N o r-. a o a M Cd 1�j `i 1 i� i•" � 1 1 O N N i Y Q o i ` 0 gN �': o 0 o rn O n t4 r• N1 a a m L-J- to rn O V � a� ;~ o acp o +� o b i O -� 0 in N m En bA M cv Cd Cd C4 CD _ H 04 N � O 1---1 � 7•r � CC 7 M I I C+..I 0 0 Cd En N O o00 ( � 1-4 o 0 Q a Q, Lr i' v m M N N `° o W 0 o cd 3cd OO c7 ° 1 �a A N zcl � 7N O I 1 l ' I O m ,a Vl 7 N � 7 � w m I� 0 b cd F-' Q �✓ A A Q o� m � N OD O N IfJ iJ N Oo I I i I!. 0 - N On a I ' � I I N u"' o w O a o� Ln -- -- - ------ -- - - . 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