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