06/11/2013 - City Council SpecialSPECIAL CITY COUNCIL MEETING
TUESDAY
JUNE 11, 2013
5:30 P.M.
EAGAN ROOM — EAGAN MUNICIPAL CENTER
AGENDA
I. ROLL CALL AND ADOPTION OF THE AGENDA
II. VISITORS TO BE HEARD
a III. APPROVE PLANS AND SPECIFICATIONS FOR CITY CONTRACT 13 -05,
(CEDAR GROVE PARKING GARAGE) AND AUTHORIZE
ADVERTISEMENT FOR A BID OPENING ON JULY 25, 2013
J� IV. RECEIVE BIDS AND AWARD CONTRACT 13 -20 (I -35E NOISE WALL -
LANDSCAPING
5 V. JOINT MEETING WITH THE ENERGY AND ENVIRONMENT
ADVISORY COMMISSION (EEAC)
5 A. Report on 2012 -2013 EEAC Work Plan and Goals
t a B. Low Maintenance Landscaping Ordinance Recommendation
\5 C. Water Conservation Goals and Program Recommendations
l'1 D. Proposed 2013 -2014 Goals and Work Plan
2 E. EEAC Policies/Procedures
(91 VI. 2014 GENERAL FUND BUDGET UPDATE
VII. OTHER BUSINESS
1 /�i�� lat�lil��lu I �1►01
Special Council Workshop
Agenda Memo
June 11, 2013
III. CONTRACT 13 -05, CEDAR GROVE PARKING GARAGE
ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 13 -05
(Cedar Grove Parking Garage) and authorize the advertisement for a bid opening to be held at
10:30 a.m. on Thursday, July 25, 2013.
FACTS:
• On July 17, 2012, the Eagan Economic Development Authority (EDA) approved a purchase
agreement with Paragon Outlets under which Paragon will acquire approximately 29 acres of
property in the Cedar Grove Redevelopment District for the development of an upscale outlet
shopping center. A condition of the purchase agreement is that the EDA will construct a
public parking structure adjacent to the Paragon property, one of the purposes of which will
be to provide for a portion of Paragon's parking needs.
• On February 5, 2013, the EDA approved a Consulting Engineering Services Agreement with
Walker Parking Consultants/Engineers, Inc. for the necessary engineering and architectural
design services related to the Cedar Grove Parkway Parking Garage.
• City Contract No. 13 -05 provides for the construction of a public parking structure on the
north side of Cedar Grove Parkway adjacent to the Paragon Outlets property. The proposed
project includes a structure that provides 1,543 parking stalls and is designed with two levels,
with the structural capacity to add a third level in the future. Access will be from both Cedar
Grove Parkway (upper level) and the new Eagan Outlets Parkway (lower level).
• Project plans and specifications have been completed and are being presented to the City
Council for its approval and authorization for the advertisement of bids.
• An advertisement will be published in the legal newspaper informing contractors of the bid.
• All bids will be evaluated in an open and competitive manner according to standard City
Engineering practices.
Special Council Workshop
Agenda Memo
June 11, 2013
IV. CONTRACT 13-20,1-35E NOISE WALL
LANDSCAPING IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -20 (Interstate 35E
Noise Wall - Landscaping Improvements) and award the contract to North Country
Landscape and Design, Inc., for the Base Bid in the amount of $46,947.00, and authorize the
Mayor and Deputy City Clerk to execute all related documents.
FACTS:
• Contract 13 -20 provides for roadside landscape improvements within Interstate 35E
right -of -way adjacent to the noise wall constructed as part of Contract 12 -04. The noise
wall was constructed adjacent to the west side of Interstate 35E north of Diffley Road.
The project included 1447 linear feet of noise wall approximately 14 feet high near the
south bound exit ramp to Diffley Road. The associated construction of the noise wall
was completed by the Minnesota Department of Transportation (MnDOT) in June, 2012.
• On February 8, 2012, the City Council approved the final payment for Contract 12 -04 in
the amount of $55,229.55 to MnDOT for the City's 10% share of the noise wall costs.
• At a Council workshop held on March 8, 2011, the City Council had provided direction
to staff to have landscaping improvements provided for aesthetics purposes adjacent to
the completed noise wall.
• On February 5, 2013, the City Council approved a Community Roadside Landscaping
Partnership Agreement with MnDOT for said roadside landscape improvements.
• MnDOT completed plans and authorized the advertisement for solicitation of competitive
bids for Contract 13 -20.
• On June 6, formal bids were received for this project. A copy of the bid summary is
enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy on
unit price extensions and summations. The low bid from North Country Landscape and
Design, Inc. has been reviewed by the Public Works Department (Engineering Division)
and found to be in order for favorable Council action.
• Original MnDOT estimates had indicated the City's cost share would be less than $5,000
for plant materials plus 100% of the installation costs, another $15,000. Based upon the
low bid received, MnDOT staff is estimating their contribution being capped at $8,016.
The City of Eagan would be responsible for the remainder of the cost for the installation
of the plants, $38,931.00 (Major Street Fund).
• The City of Eagan would be responsible for the maintenance of the plants on the highway
side of the noise wall. The plant material that has been selected is a variety of low to no
maintenance species. Upon Council approval, planting is scheduled to be completed by
June 30, 2013.
ATTACHMENT:
• Bid Summary, page 4
3
BID SUMMARY
Project Name: Interstate 35E Noise Wall - Landscaping
Contract Number: 13 -20
Contractor's Name
Total Base Bid
North Country Landscape and Design, Inc.
$46,947.00
VonBank Lawncare, Inc.
$49,948.00
GTrojects & Contract Information/Cont 13 -20
Agenda Memo
June 11, 2013 City Council Workshop
V. JOINT MEETING WITH THE ENERGY AND ENVIRONMENT ADVISORY
COMMISSSION (EEAC)
A. REPORT ON 2012 -2013 EEAC WORK PLAN AND GOALS
1. REVIEW OF CITY ORDINANCES /PROCEDURE FOR RENEWABLE ENGERY
(SOLAR ENERGY)
ACTION TO BE CONSIDERED:
Direct the EEAC to meet with the Advisory Planning Commission to review, develop, and discuss
final recommendations on proposed changes to ordinances, permits and permitting fees in response
to the Minnesota Solar Challenge Report.
BACKGROUND:
The EEAC work plan approved by City Council in 2012 directed the commission to review city
ordinances and develop recommendations to support best practices for renewable energy. The
EEAC subsequently recommended that the City of Eagan apply for free technical assistance from
the Minnesota Solar Challenge, a program administered by the Minnesota Department of
Commerce. The City was selected to receive technical assistance, and the Minnesota Solar
Challenge consultant submitted a report with findings related to:
• Zoning Code
• Subdivision Requirements
• Model Permits
• Permit Fees
FACTS:
• The Energy and Environment Advisory Commission (EEAC) Subcommittee consisted of Aimir
Nadav, Jon Drucker, and Mike Wisniewski.
• Technical assistance in the form of review of current City ordinances and policies relating to
solar installations was received from the Minnesota Solar Project. The report from the
consultant was received by the subcommittee and the EEAC made a recommendation to the
Council at their April 9, 2013 meeting. Concurrently, the consultant's report was forwarded the
staff in the Community Development department for review.
• Enclosed are the EEAC's recommendations along with the report provided by the Minnesota
Solar Project consultant. Also included is a draft model permit application.
SUBCOMMITTEE REPORT:
Energy & Environment Advisory Commission
Ordinances Subcommittee Report
April 2013
Solar
Recommended Action:
Request a meeting with the Advisory Planning Commission to review and develop final
recommendations on proposed changes to ordinances, permits and permitting fees in response to
the Minnesota Solar Challenge Report.
Background:
The EEAC work plan approved by City Council in 2012 directed the commission to review city
ordinances and develop recommendations to support best practices for renewable energy. The
EEAC subsequently recommended that the City of Eagan apply for free technical assistance
from the Minnesota Solar Challenge, a program administered by the Minnesota Department of
Commerce. The City was selected to receive technical assistance, and the Minnesota Solar
Challenge consultant submitted a report with findings related to:
• Zoning Code
• Subdivision Requirements
• Model Permits
• Permit Fees
The City Building Official and City Planner are currently exploring next steps and the
possibility of presenting some, or all, recommendations to the Advisory Planning Commission.
ATTACHMENTS:
• Minnesota Solar Challenge Report to the City of Eagan on Pages 19 to ) .
• Minnesota Solar Challenge Draft Model Solar Permit Application on Pages a4 to Q!5.
2. RECOMMENDATION FOR PROPERTY ASSESSED CLEAN ENERGY PROGRAM
ACTION TO BE CONSIDERED:
Recommend program/procedure to the City of Eagan that would provide opportunities for
businesses to participate in a Property Assessed Clean Energy Program (PACE) following MN
Statue 216C.436. Authorize and direct city staff to develop and launch an initial pilot phase.
(City Staff has been working in partnership with the St. Paul Port Authority to use PACE as a
funding source for appropriate projects. The SPPA will administer the program.)
FACTS:
• The Energy and Environment Advisory Commission Subcommittee consists of Ross Bintner,
Amir Nadav, and Tim Harder.
• The EEAC subcommittee has studied PACE programs from other states and cities. The EEAC
hosted a meeting along with Senator Frankin in February 2011 to bring attention to this concept.
The EEAC has studied the City of Edina PACE program. The EEAC has made a
recommendation that the City of Eagan develop and offer a PACE financing program for
businesses. The EEAC made a recommendation regarding PACE at the September 11, 2012
meeting. The Subcommittee Report is enclosed.
• City staff from the Community Development and Finance Departments along with the EEAC
Staff Liaison have been in conversation with the St. Paul Port Authority to develop a joint
administration of PACE and other business development financing options for Eagan-based
businesses. A potential project f-om an Eagan business has been identified and is being vetted
by the SPPA.
SUBCOMITTEE REPORT:
PACE Subcommittee Report
(Recommended by EEAC on Sept. 11, 2012)
The PACE subcommittee met on July 16 to review work completed to date and develop
recommendations for Energy & Environment Advisory Commission (EEAC) consideration. The
PACE subcommittee looks forward to discussing the recommendations below at the Aug. 13 EEAC
meeting.
INFORMATION/BACKGROUND:
In an effort to advance the city's energy efficiency, sustainability and economic development goals,
the Eagan Energy & Environment Advisory Commission (EEAC) recommends that the Eagan City
Council authorize staff to develop and execute a PACE program that secures financing for energy
efficiency and renewable energy projects via voluntary property tax special assessments.
There are eleven program requirements under the state statute, including:
• Establishing a financing terms that do not exceed the useful life of the project or 20 years,
whichever comes first. The assessment amount cannot exceed the lesser of 10% of the
assessed property value or the actual cost of installing the energy improvements. The
established interest rate must cover the cost of program administration. The borrowers'
ability to pay and the status of the borrower's current mortgage payments must be verified.
• Completing an energy audit or feasibility study, as well an inspection and performance
verification of at least 10% of the energy improvements.
• Disclosing to borrowers the risks involved in borrowing, including risk of foreclosure if
taxes are not paid.
In the fall of 2011, the City of Edina became the first in the state to launch a PACE program. The
city's November 16 Council Connection newsletter notes,
"The program provides private funding through a special assessment conduit that is secured
by the property itself, not the borrower. Special assessment revenue bonds issued by the City
through this conduit are secured by the property. According to legal counsel, these special
assessment bonds do not count against the City's legal debt limit."
By setting up a PACE program, the City acts as an intermediary by issuing and selling bonds and
collecting loan repayments through special property tax assessments. The City then forwards tax
payments to a specific lending institution or a lending pool. The assumption is that lending
institutions will be interested in these loans because they have first lien on the property, and
therefore are at a low risk of default.
The City will issue revenue bonds which will be purchased by a lending institution provided by the
applicant, or made available through a lender pool. The City will charge an upfront fee and an
interest rate spread on the bonds to reimburse itself for the costs of administering the program. The
EEAC recommends that a modest fixed amount be dedicated for program development to defer the
cost of initial application through the program. The entire amount of loan principal, plus fees and
capitalized interest should be added to the overall voluntary special assessment against the property.
The viability of first liens remains in question for housing due to developments at the federal level.
The Federal Housing Financing Agency (FHFA) has "urged state and local governments to
reconsider these programs and continues to call for a pause in such programs so (first lien) concerns
can be addressed" (FHFA Press Release 7/6/2010). There is proposed legislation in the U.S. House
of Representatives that would remedy the issue (HR 2599). Commercial programs would not be
subject to the FHFA guidance so the EEAC recommends PACE only apply to commercial and
industrial properties and multifamily housing not subject to FHFA oversight. Single - family and
other residential homes should be excluded from the program at this time. The EEAC recommends
that the City administer the program through the Community Development department. All normal
building permit processes and fees will apply to resulting projects.
INITIAL PHASE DETAILS
Due to pending federal legislation and potential efforts at the state level to facilitate local program
implementation, the EEAC recommends that the City of Eagan begin by launching an initial phase.
This will place the City of Eagan in a leadership position, allow it to gain the experience needed to
better understand barriers to energy finance in the local market, and prepare it to inform and benefit
from potential future initiatives at the state and federal level.
The EEAC proposes that the City of Eagan set a goal to launch the pilot phase by February 1, 2013.
The pilot phase shall include:
1. Details finalized before the launch date:
• Program materials including a summary and eligibility guidelines.
• Application materials including a petition for voluntary special assessments.
• Administrative guidelines clarifying the approval process and whether /when
applications should be approved administratively or by the City Council.
• Program fees and financing details.
• A program name.
2. A letter sent to local banks informing them of the voluntary opportunity to participate in a
lender pool, with potential for an informational event depending on interest and staff
capacity.
3. Outreach to businesses via the chamber of commerce, local media, Eagan Business News,
and city social media.
4. A presence on the city website with program details, application materials, fees and
financing details including information on local lenders that have opted into a lender pool
o The city website presence should also list information on electric and gas utility
rebates and financing available to businesses and residents in Eagan and note where
to find information on tax credits available for energy efficiency and clean energy
projects financeable through this program. The state statute requires coordination and
cooperation with utility conservation programs.
5. A city staff member designated to serve as the program administrator
6. Coordination with Dakota County, the Metropolitan Energy Policy Coalition (comprised of
commissioners from Twin Cities area counties), other local governments, and the State
Department of Commerce
7. Recommendations for modifications based on program experience or efforts by other cities,
counties and the state, including the possibility of participating in a regionally- aggregated
program or a third -party administered program
ATTACHMENTS:
• None.
c
3. STUDY AND RECOMMENDATION TO INCREASE ACTIVE LIVING /COMPLETE
STREETS
ACTION TO BE CONSIDERED:
Study and recommend actions within the City to increase active living/complete street
infrastructure. Direct the EEAC to conduct a joint meeting with the Advisory Parks Commission to
discuss initiatives that align with the Complete Street initiative.
FACTS:
• Two joint meetings were scheduled with the APrC to explore and discuss this topic. One
meeting was canceled due to a conflict with another City meeting and the second was canceled
due to lack of quorum. No additional work was done on this item.
ATTACHMENTS:
• None
4. RECOMMEND ELIMINATING THE USE OF COAL TAR SEALERS
ACTION TO BE CONSIDERED:
Recognize that the work done to date by the EEAC has been complete due to the new legislative bill
banning coal tar sealants effective January 1, 2014.
FACTS:
• The Energy and Environment Advisory Commission (EEAC) Subcommittee consisted of Kari
Palmer, Jon Drucker, and Tim Harder.
The EEAC made a recommendation to the Council in on November 11, 2012. Council directed
preparation of an Ordinance amendment by the City Attorney. The City Attorney's office
opined that the City should wait to see if a state law banning the use of Coal Tar Sealers would
be passed during the legislative session. No additional work was done on this item.
• The Minnesota State Legislature passed a state -wide ban in the use and sale of coal tar sealants
per bill enclosed.
MINNESOTE STATE LEGISLATURE BILL HF 1183:
The Minnesota legislature passed a state -wide ban on the use and sale of coal tar sealant, a principle
source of PAHs in stormwater runoff and stormwater ponds. It was incorporated into the bill
allocating the Constitutional Amendment funding.
The bill is HF 1183
(https: / /www. revisor. mn. gov /bills /text.php ?number= HF1183 &version =5 &session =ls88 &session v
ear =2013 &session number--0)
Sec. 17. [116.202] COAL TAR SEALANT USE AND SALE PROHIBITED.
Subdivision 1. Definitions. The following terms have the meanings given.
"Coal tar sealant product" means a surface applied sealing product containing
coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical
0
Abstracts Service (CAS) numbers 65996 -93 -2, 65996 -89 -6, or 8007 -45 -2.
"Commissioner" means the commissioner of the Pollution Control Agency.
Subd. 2. Use prohibited. Except as provided in subdivision 4, a person shall not
apply coal tar sealant products on asphalt -paved surfaces.
Subd. 3. Sale prohibited. Except as provided in subdivision 4, a person shall
not sell a coal tar sealant product that is formulated or marketed for application on
asphalt -paved surfaces.
Subd. 4. Exemptions. The commissioner may exempt a person from this section if
the commissioner determines that one or both of the following apply:
the person is researching the effects of a coal tar sealant product on the
environment; or
the person is developing an alternative technology and the use of a coal tar
sealant product is required for research or development.
request for exemption must be made to the commissioner in writing including
an explanation of why the exemption is needed for research, or the development of an
alternative technology.
Subd. 5. Compliance and enforcement. Local units of government may adopt by
reference and enforce the provisions of this section. The commissioner may provide
technical support to local units of government for compliance and enforcement of
this section. The commissioner may respond to compliance and enforcement cases
transcending jurisdictional boundaries, cases requiring statewide corrective actions, or
requests for assistance or referral from local units of government.
EFFECTIVE DATE. This section is effective January 1, 2014.
ATTACHMENTS:
• None.
5. REPORT ON INITIATIVE FOR PUBLICATION OF LICENSED WASTE HAULERS
RATES
ACTION TO BE CONSIDERED:
Recognize that the work done to date by the EEAC has been complete due to the rate report posted
on the website on February of 2013.
FACTS:
• The EEAC work plan included initiatives to encourage waste reduction cost savings that would
allow for the publication of the existing tiered rate schedules designed to encourage reduction,
re -use and recycling that licensed waste haulers annually file with the city clerk, and the
possibility of using a uniform reporting form.
• The rates are now reported on the City's website.
6. INCREASE COMMUNICATION OF GREENSTEPS EFFORTS AND RELATED
PROGRAMS TO THE PUBLIC
ACTION TO BE CONSIDERED:
Recognize that the work done to date by the EEAC has been complete as listed below.
tC)
FACTS:
• The Energy and Environment Advisory Commission (EEAC) Subcommittee consisted of Kari
Palmer, Jon Drucker, and Tim Harder.
• This is an on -going goal with the EEAC providing information and suggestions for
environmental related items to be included in City communication pieces, social media and the
website.
• A special night of environmentally focused demonstration and information was offered at the
2013 Eagan Home & Leisure Show.
7. STUDY OF STREETS MAINTENANCE PROJECTS — ESPECIALLY STREET
SWEEPING AND USE OF CHEMICAL DURING WINTER OPERATIONS
ACTION TO BE CONSIDERED:
Recognize that the work done to date by the EEAC has been complete as listed below.
FACTS:
• Received presentation from PW Director Russ Matthys at September EEAC meeting.
8. GREENSTEPS CITIES BEST PRACTICE MONITORING AND REPORTING
ACTION TO BE CONSIDERED:
Recognize that the work done to date by the EEAC has been completed as listed below.
FACTS:
• This is an on -going goal for the commission to continue to evaluate and pursue additional best
practices outlined in the Minnesota GreenSteps Cities program. Eagan currently holds the
highest designation available in the program. New steps will likely be announced in 2013 -2014.
9. OTHER REPORTSANITIATIVES
ACTION TO BE CONSIDERED:
Recognize that the work done to date by the EEAC has been complete as listed below.
FACTS:
• CDA Weather Smart Program for Eagan Homeowners.
• Composting Demonstration Sites at Eagan Community Center and Eagan Market Fest.
• Regional Indicators Project with Urban Land Institute.
B. LOW MAINTENANCE LANDSCAPING ORDINANCE RECOMMENDATIONS
ACTION TO BE CONSIDERED:
To review the proposed ordinance amendment to chapter 10.21regarding low maintenance
landscaping on residential lots and direct the ordinance to a regular City Council meeting for formal
consideration.
FACTS:
The Energy and Environment Advisory Commission (EEAC) Ordinances Subcommittee
consists of Amir Nadav, Jon Drucker, and Mike Wisniewski. The Subcommittee has performed
research and has participated in meetings with City Staff and the City Attorney regarding its
recommendation to expand the type and scale of vegetation and improvements that may be
allowed in residential yards in lieu of established turf grass as currently provided in the City
Code.
• The EEAC made a recommendation to the Council at their May 15, 2013 meeting. This
recommendation, along with supporting information, is included with this cover memo on pages
3 to 19. The Commission's recommendation raises the following basic issues:
o Relationship of Ordinances, Policies and Educational Material — The City Attorney
indicates that the City's approach in drafting City Code amendments shall follow the
"rules of statutory construction" which require that ordinances should clearly provide
only what is required or prohibited of a person (or permissible by way of exceptions to
the mandates); an ordinance is not a statement of policy or practice. In order to
encourage or promote specific activities within the standards set by the ordinance, the
City's typical practice is to create separate policy statements and educational materials.
The Commission has noted that some cities incorporate policy information in the body
of ordinances and it proposes that the City of Eagan do so in this case. This is contrary to
City Attorney's recommended language /terms which also follow statutory construction
principles in drafting ordinances. The City Attorney's draft ordinance amendment has
been prepared using their standard statutory construction, with the understanding that
separate policy statements and educational materials can be considered as well. The
issue for Council consideration is whether to deviate from standard construction in this
case.
o Application of City Permits to Property Improvements — Under the current language of
the City Code, a wide range of plantings and improvements on private property are
allowed, including landscape beds; gardens; and "meadow" and `woodland" areas of
which may comprise up to 50% of the lot. The establishment of turf grass, which as
defined now would permit "low maintenance" grasses is permitted and, in fact, required
under the current code to stabilize private yards and prevent erosion. The Commission is
recommending that additional improvements and installations be allowed as a matter of
right, without the requirement of a staff review or permit.
To date, in public rights of way, improvements other than the installation of turf grass
have been considered through the use of Right of Way Permits. The review associated
with this permit helps to insure that improvements do not obstruct sight lines, impact
buried utilities, interfere with snow storage or increase the likelihood of materials
running off of yards and into the storm sewer system.
�a
As it pertains to the public right of way, the addition of plant materials in the
right of way other than turf grass and under 8" in height would be substantially
similar to the traditional requirement for turf grass establishment and
maintenance. The acceptability of other improvements or materials in the right
or way would depend on slope, location, sight lines and other factors, which are
addressed on a case by case basis through the right of way permit process. The
introduction of wood mulch in the public right of way would increase the
likelihood that the material would float and wash into the storm sewer system in
heavy rains. Of the materials proposed by the Commission's recommendation to
be allowed within the public right of way, wood mulch would have the greatest
likelihood of adversely affecting the City's environmental priorities as they
pertain to surface water quality.
Likewise, built structures, such as sheds, boundary fences, raised beds, retaining walls and
similar improvements that fall below the threshold for a building permit, have been
facilitated through a zoning permit process in which staff works with property owners to
insure that investments in such improvements are located outside of setbacks and Drainage
and Utility easements, do not interfere with drainage ways and meet other code
requirements, prior to their installation.
As it pertains to areas of the property outside the right of way, the only item the
Commission recommends to be exempted from the zoning permit requirement
would be a raised bed under 36" which could have unintended impacts on
drainage or violate setbacks if placed improperly. If those conditions were to
occur, staff would need to pursue compliance through the Code enforcement
process.
Generally both permits are intended to insure that the initial installation is done in
accordance with City Code requirements and does not require subsequent enforcement
actions or removal after installation. The Commission has proposed that more plantings and
improvements be allowed without the requirement of permits. The public policy question
for the Council to consider is whether to eliminate the right of way permit or zoning permit
requirements for certain items.
POLICY ISSUES:
• Expansion of Options for Plant Materials in Residential Yards — Does the City Council want to
expand the options for plant materials maintained in addition to or in place of turf grass on
residential yards? If so, to what extent?
• Code Construction — Does the City Council want to deviate from the City Attorney's standard
code construction in the case of the regulations for residential yard maintenance options? Or
should the encouragement of particular practices be addressed through policy statements or
educational materials?
• Application of City Permits to Property Improvements — Does the City Council want to
eliminate the right of way permit or zoning permit requirements for the installation of certain
items? If so, to what extent?
13
ATTACHMENTS:
• The EEAC proposed recommendations on Pages � to -)B .
• Memo from Parks & Recreations Director Juli Seydell Johnson on Pages A to 31 .
• Section 10.21 ordinance with proposed recommendations Pages 31 to 35 .
• Recommendation comments from Sharon Hills from the City Attorney's Office and Director of
Public Work Russ Matthys on Pages 3B to 33 .
• Proposed education piece on Pages a� to L-U .
H
C. WATER CONSERVATION GOALS AND PROGRAM RECOMMENDATIONS
ACTION TO BE CONSIDERED: Review the draft water conservation goals and program
recommendations and direct affirmed or revised goals and recommendations to a future regular
council meeting for formal consideration of adoption.
FACTS:
• The Energy and Environment Advisory Commission (EEAC) Water Efficiency Subcommittee
consists of Ross Bintner, Jeff LeClair and Amir Naday. The Subcommittee has performed
research and participated in meetings with City Staff in preparation of recommendations to
increase water conservation efforts within the City.
• The EEAC has included the subcommittee's water conservation recommendations as part of
their current work plan that will be presented to the City Council at the June 11, 2013, Special
Council Workshop.
• The following actions are being recommended for Council consideration by the EEAC:
• Adopt a city -wide goal of reducing per capita daily water use 10% by 2020 and 15% by
2025 below a baseline of the average per capita daily water use from 2005 to 2010.
• Register the City in the free and voluntary WaterSense partnership program and appoint the
Utilities Division to administer program implementation.
• Authorize water utility budget funds for water conservation education, training, efficiency
and conservation upgrades to city facilities, and for rebates, or financing, for rain sensors,
rainwater capture and use, and WaterSense certified appliances and devices installed on
private property.
• Direct the Eagan Utilities Division, with input from the EEAC, to develop and implement a
water conservation plan to achieve or exceed the City's water reduction goal.
• The following are facts related to the recommended actions:
• The average per capita daily residential water use from 2005 to 2010 is 86.3 gallons. A 10%
reduction would be 77.7 gallons per capita per day. A 15% reduction would be 73.4 gallons
per capita per day.
• Water usage is heavily affected by irrigation in the summer.
• The two water treatment plants were designed to produce a specified quantity of drinking
water. The designs incorporated a level of efficiency to maintain adequate production based
upon the City's Water Supply and Distribution Plan. A reduction in the amount of drinking
water produced can reach a point where the cost is greater to produce less water. Based
upon the current policy, water rates would need to increase to offset any additional costs.
Users could actually see consistent or higher utility bills even though less water is being
received.
• The Environmental Protection Agency's WaterSense Program aims to use water resources
more efficiently to preserve them for future generations and to reduce water and wastewater
infrastructure costs by reducing unnecessary water consumption. The City of Eagan shares
these goals.
• The budget for the Water Utility Enterprise Fund (Dept 61) is based upon the cost to
produce and distribute drinking water throughout the established water system and provide
adequate fire suppression /protection, including the operation and maintenance of the water
system. The source of revenue for said expenditures is the utility bills. Any additional costs
attributed to this fund would need to be supported by additional revenue. Based upon the
current policy, water rates would need to increase to offset any additional costs.
The EEAC recommendations raise the following basic issues:
o As proposed, the recommendations would impact commercial /industrial water usage, as well
as residential usage. While the reduction in residential usage will be challenging, albeit
i5
desirable and conceivable, a reduction in commercial /industrial water usage may discourage
business success or expansion. Opportunities exist for water conservation efforts at
commercial /industrial sites in applications that are similar to those utilized at residential
properties, but goals defined by per capita usage impact water usage for operational
purposes as well as system inefficiencies.
• Customer incentives of some sort would appear to be needed in order to attain the
recommended water usage reduction goals. The recommended incentives or referenced
penalties (rate tiers) would entail greater revenue, thereby increasing water rates.
• Consumer products are available on the open market that have a WaterSense "stamp of
approval." By becoming a WaterSense promotional partner, the City of Eagan could be
recognized as an endorser of specific consumer products.
• The utilization of public funds and resources for the benefit of individual private property
owners has not been a past Council approved practice. The costibenefit ratio for an
individual property for the City is questionable. However, the investment on the part of the
property owner will realize a benefit in reduced costs on their individual utility bill.
• In order to comply with the recommendations, Public Works staff proposes to review the
proposed recommendations and review the revenue requirements with the Finance staff. Once
this is completed, City staff would provide an overview of the proposed scope and timeline for
the implementation of a water conservation plan. Council action would be requested at a future
Council meeting to formally approve the implementation of a water conservation plan.
ATTACHMENTS:
• The EEAC subcommittee recommendations and report on Pages `B to 5)I .
• The Water Sense partnership agreement and application on Pages to (0-0 .
`(,to
D. PROPOSED 2013 -2014 GOALS AND WORK PLAN
ACTION TO BE CONSIDERED:
To adopt the 2013 -2014 EEAC Goals and Work Plan.
1. GOAL 1
Continue to investigate ways in which the GreenSteps Cities program can be enhanced and
expanded through policy exploration and use GreenSteps methodology to create and communicate
outreach and educational opportunities for the community.
• Review public works water utility investments and water conservation ordinances and
recommend changes or initiatives to the City of Eagan and its constituents to support
GreenSteps best practices.
• Study and recommend actions with the City to increase active living infrastructure and support
implementation of the city's Complete Streets resolution. Conduct a joint meeting with the
Advisory Parks Commission to discuss initiatives that align with the City's Complete Streets
resolution.
• Develop an Energy Efficient Buildings Policy for the operation, maintenance, construction and
renovation of buildings owned by City of Eagan. Explore policies and initiatives to promote
energy efficiencies for existing and newly constructed /remodeled large Commercial/Industrial
buildings within the City.
• Review and recommend initiatives and policy changes to encourage the use of low maintenance
landscapes on commercial and industrial properties located in Eagan.
• Create and maintain a demonstration landscape bed on a highly visible public location that
includes edible plants and native, low maintenance species. Review and recommend initiatives
and policy changes that lead to efficiencies and available public information in relation to Waste
Hauler operations within the City.
• Study best practices and current models for the use and availability of biodiesel in City -owned
vehicles and as an available option to residents.
2. GOAL 2
Increase public awareness of the GreensSteps Cities efforts and programs through the use of City
publications, City website, social media, City events such as Showcase Eagan and the Home &
Leisure show, and other communication opportunities that would be available and approved by the
City of Eagan.
3. GOAL 3
Review and recommend changes to City Ordinances to support the initiatives of the GreenSteps
program.
4. GOAL 4
Follow -up to Previous EEAC Goals and Initiatives.
a. Eagan PACE Financing Program
b. Low Maintenance Landscaping Ordinance Changes and Public Information
c. Prohibition of the use of Coal Tar Sealers.
d. Publishing of Waste Hauler Tier Rate Schedules on City Website
e. Review of Policies and Permits Relating to Solar Installations
[9
E. EEAC POLICIES /PROCEDURES
ACTION TO BE CONSIDERED:
1. Clarify the Scope of Work for the EEAC so they and staff have a better understanding of the
type of projects that should be considered. Should there be a better definition of the depth of
research and discussion expected of the EEAC? In other words, do they address a high level of
theoretical questions or provide recommendations on very specific process and ordinance
changes?
2. What are the Council's expectation for the re- allocation of resources to assist the EEAC to carry
out their research, discussion, and recommendations? It is not uncommon that the
recommendations brought forth by the EEAC result in a particularly high commitment of staff
time from many staff in the Community Development, Public Works and Parks and Recreation
departments. There can be times when the review process of these ideas and recommendations
take longer than some may wish, yet, with the high demand on staff time for other projects,
prioritizing in a manner acceptable to all can prove to be difficult. Clarity and direction from
the Council would be welcomed.
3. How far and fast does the Council want to go on environmental issues and initiatives?
a. Leader and Innovator: Willing to spend dollars and commit the necessary staff resources
and political capital.
b. Conservative: Willing to investigate and discuss, but not necessarily competing interests
with "green vs. "Non- Green" and funding conflict that may coexist with such question.
c. Somewhere in between: How can we reach such an agreed upon compromise that meets
the needs of both the EEAC and the community?
4. What role would the Council like the EEAC to have in terms of community outreach?
19
Minnesota
Solar Challenge
April 3, 2013
Juli Johnson, Director of Parks and Recreation
City of Eagan, Minnesota
Juli:
We have reviewed Eagan's zoning and subdivision ordinances for potential barriers to solar energy
development in the city. The following is a summary of our scan, and questions that we believe need to be
answered in order to ensure that the solar development process is predictable and transparent to property
owners, contractors, city staff, and appointed and elected officials.
This memo is only based on an ordinance scan, and not an in -depth reading of the ordinance. We may have
missed points or may not have appropriate information on how to apply some elements. Thus we have
outlined options for you to consider rather than specific recommendations.
The scan was informed by the Eagan Energy and Environment Advisory Committee Ordinance
Subcommittee memo dated 12/11/11. This memo noted that solar energy issues were inadequately covered
in the ordinance, and concluded with the following recommendations:
• Clarify current city code parameters that apply to the design and installation of solar energy systems.
• Work with city staff to create handbook on solar access referenced in city code.
• Propose changes to current city code guidelines and restrictions on solar energy system use,
culminating in the possible adoption of a self - contained solar energy ordinance.
Basic Zoning Issues
Basic zoning issues (uses, height, setbacks, lot coverage) affect the ability of a property owner to capture the
property's solar resource. In the case of each of these basic zoning standards, the community needs to
identify how much flexibility is justified for solar development, given your community's housing stock,
standards, accepted aesthetic in terms of bulk and massing, etc.
For many of the basic zoning issues, Eagan has yet to identify clear standards as to how solar energy systems
are treated. The following issues are among those to consider.
Uses. Eagan does not identify solar collectors as a permitted use in any zoning district. Solar system
definitions are found in the subdivision ordinance:
Sec. 13.04: Solar enW s sy tem means a set of devices whose primary purpose is to collect solar energy and
convert and store it for useful purboses, including heating and cooling of buildings and other energy
using processes, or to produce generated power by means of any combination of collectin& transferring
or converting solargenerated energy.
Solar slops ace means the space between a solar collector and the sun which must be free of
obstructions that shade the collector to an extent which precludes its cost effective operation.
Since solar energy systems, as defined, are not explicitly allowed in any zoning district, the assumption is that
they would be regulated either as an integral part of a building or as an accessory structure. Therefore, solar
energy systems would presumably be regulated under the height and setback limits for principal buildings and
accessory structures.
The definition of solar skyspace is descriptive, but the ordinance does include a prescriptive application that
applies the definition. The description may, depending on how it is ultimately applied, need to be tightened
in order to create clear boundaries for "cost effective operation."
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As described below, some additional definitions that make important distinctions between types of solar
energy installations may be helpful. The city's options for addressing solar energy uses include the following:
• Add "solar collectors" to the list of allowed accessory uses in all districts, and consider adding them
as a principal use in industrial districts.
• Modify the definition of solar skyspace to note that solar systems require access to direct sunlight for
several hours every day, usually including solar noon, for the entire year, in order to properly
function.
• Consider a separate definition for "solar resource," where the characteristics of a meaningful solar
resource can be defined in order to distinguish between a functioning system and a solar sculpture.
• Consider adding a definition for "building- integrated" solar energy systems.
• Consider a definition for ground -mount solar energy installations.
• Consider a definition for solar as a principal use (solar farm, solar garden).
Height. The height limit is a potential solar access issue in developed urban areas because the solar
"resource" on a building may be located above the existing roofline due to shading from trees in the lot in
question or by trees or buildings on adjacent lots. Many cities include exceptions to height limits, such as
church spires, monuments and flagpoles, antennas, chimneys, smokestacks, transmission towers and similar
structures. The only exceptions that Eagan appears to allow are in the Public Facilities District, where
steeples, ornaments and antennas are not required to meet the required setback of two feet of setback for
each one foot of height (Sec. 11.60, Subd. PF). Therefore, it appears that solar energy systems could not
exceed the prescribed height limit in any district. This restriction may preclude roof - mounted solar systems
on taller buildings (those at or close to maximum height limits)
Possible options to consider include:
• Allowing solar installations to exceed the height limit for a limited distance (probably no more than 3
or 4 feet) above the roof peak in urban density residential districts, regardless of principal building
height limit;
• Allowing solar installations to exceed the height limit, but as a conditional use, upon demonstration
that the owner otherwise would have inadequate access to direct sunlight for solar energy production
(consistent with the solar hardship variance definition in Minn. Statutes 394.25, Subd. 7, and
consistent with Metropolitan Land Planning statutory language for solar protection elements in
comprehensive plans, 473.859 Subd. 2.a.);
• Allow solar installations to be higher than the peak of the roof by a limited distance (3 or 4 feet)
unless doing so exceeds the height limit;
• Require that rooftop solar installations be lower than the peak of pitched roofs, even if that restricts
the homeowner's access to their solar resource.
Districts also have height limits for accessory structures, such as a ground- mounted (rack or pole) solar
installations. Accessory "buildings" and "structures" are both defined in Eagan's ordinance, essentially as
buildings:
Sec. 11 -30: Building, accessory means an accessory structure detached from the principal structure, having a
roof and walls to provide weatherprotection. This includes detachedgarages, storage sheds, ga .Zebos
and similar structures. A carport attached to an accessory building is considered part of that
accessory building.
Accessory buildings and structures may not exceed the height of the principal structure. The definition of
accessory building does not explicitly include solar collectors, but it could be argued that these would be
considered "similar structures," although they lack a roof and walls. The city might want to consider clarifying
that with a separate definition of a ground -mount solar installation (see above).
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Setbacks. Setback requirements can pose similar barriers to utilizing solar resources. If a given lot's solar
resource is located in a reserved setback area (rather than on a rooftop or a yard), does the city allow
flexibility for ground -mount systems or building - mounted awnings that extend into the required setback?
Eagan's ordinance allows certain accessory structures to extend into required yard setbacks:
Sec. 1940, Subd 4: The following shall not be considered as encroachments on requiredyard setbacks.
1. Air conditioning or heating equipment, chimneys, flues, sills, pilasters, lintels, ornamental
features, cornices, eaves, gutters, and similar features, provided they do not project more than 30
inches into the required yard
2. Decks, patios, balconies, stoops, or other similar features provided they do not extend more than
30 inches above the finished grade and a distance greater than eight feet into a required frontyard,
five feet into a required side yard and five feet into a required rearyard and provided they do not
encroach upon a public easement.
3. In rearyardr, recreational equipment and clothes lines, arbors and trellises, ga .Zebos, bree .Zeways,
detached accessory buildings, air conditioning and heating equipment may encroach to a point not less
than five feet from the rear lot line.
It is possible that solar ground -mount systems might be determined to be similar to air conditioning and
heating equipment (since their purpose and functions are similar), but the City may wish to consider adding
them to the list of equipment allowed to project into required yards and encroach into rear yards.
Coverage. As with setbacks, where trees and buildings are closer together, the lot's solar resource may only
be in a yard rather than on a rooftop. Eagan's code includes a coverage limit for buildings that ranges from
20% in most residential districts to 35% in the most intense commercial and industrial districts and 40% in
the Business Park district. Ground or pole - mounted systems, if allowed as accessory structures, would be
affected by coverage limitations. Depending on whether buildings on a given lot are approaching the
coverage limits, this requirement could act as a barrier to solar installations. A residential ground -mount
installation will have a collector surface area approximately between 200 -300 square feet although some
systems can be somewhat smaller or larger.
Residential accessory building coverage limits are defined in the ordinance:
1140, Sub. S (4) When an attached garage is present on the site, the total floor area of all detached
accessory structures (includinggarages) shall not exceed 576 square feet.
(5) When an attachedgarage is not present on the site, the total floor area of all detached accessory
structures shall not exceed 800 square feet.
Assuming that the accessory building coverage limits would apply to ground -mount solar installations, the
City should consider whether the 576 or 800 square foot limit might prevent ground -mount solar installations
on existing developed lots, particularly in the larger lot districts. Options to consider include:
Exempting ground -mount solar installations from the total coverage limit, but setting a maximum
size on the solar collector square footage (a percentage of the principal building, a percentage of the
lot, or a fixed square footage)
Allowing ground -mount solar systems that exceed the accessory building limitation as a conditional
use, upon demonstration that the owner has no other reasonable option for accessing the solar
resource.
• Regulating ground -mount installations no differently than other accessory uses.
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Screening: Eagan's code requires several types of screening of equipment from public view, which could
limit solar development.
In the Cedar Grove District, roof - mounted equipment must be screened:
11 -60, Subd 21, 0)(6) All mechanical equipment, whether roof - mounted orground- mounted, shall be
completely screened from the ground -level view of adjacent properties andpublic streets, or designed to
be compatible with the architectural treatment of the principal building.
• Under the City's performance standards, screening is required for both roof- and ground- mounted
mechanical equipment for most non - single - family development:
11 -70, Subd. 21. Design and construction requirements far mult ple family, o ffi ce, commercial, industrial, and
public and institutional developments.
(D) Site design and development requirements
(b) General requirements. The following requirements apply to all building andground mounted
mechanical equipment.
(i) All mechanical equipment shall be designed and located so as not to disrupt or detract
from the visual theme and appearance of the subject building.
(ii) All mechanical equipment, whether located on a roof, side of a structure, or on the
ground, shall be entirely screened from public view and from the ground level of any adjacent
properly or street that is of equalgrade with the subject building.
(iii) Prior to any building construction or the issuance of a building or mechanical permit,
all mechanical equipment and proposed screening shall be depicted on the building's site
plan and /or building elevation drawings.
(iv) Screening and finishes shall be kept in a state ofgood repair and condition.
(v) All building mounted mechanical equipment on new buildings or newly located
equipment on existing buildings shall be set back from the edge of the roof a minimum of
20 feet.
If solar installations are considered a rooftop mechanical system, the screening requirement would effectively
make the installation non - functional. Commercial, industrial, and institutional buildings frequently have flat
roof with excellent solar resources. Requiring solar installations to not be visible from public streets makes
solar development on those roofs difficult or dramatically reduces the potential size of the solar installation. I
should note that OHSA regulations already require a six foot setback from the edge of commercial, industrial
or institutional buildings, so installations will not be right at the edge of the building. Options to consider
include:
• Exempt solar installations from the provisions of 11 -70, Sub. 21,
• Enact a separate section for rooftop solar installations that requires the contactor /designer to
minimize visibility of the system through integration into building design, setback from edge of
building adjacent to public streets, or other consideration,
• Address the rooftop visibility issue district by district.
Screening of ground- mounted equipment could present similar barriers to solar installations, depending on
whether the screening blocks solar access. The City may wish to consider a similar exemption that would
minimize visibility from streets and adjacent properties to the extent feasible (without affecting the
functioning of the solar installation).
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Subdivision requirements
As noted above, Eagan's subdivision regulations define solar energy systems; the regulations also list planning
for solar energy use as part of preliminary and final plat requirements:
Sec. 13 -20, General provisions. Subd 6. Findings related to preliminary and final plats. In the case of all
platting, the planning commission and the council shall be guided by criteria, including the followin&
in approving, denying or establishing conditions related thereto:
(I) That the subdivision has been properly planned for possible solar energy ystem use within the
subdivision or as it relates to adjacent propery. (Refer to city handbook on solar access.)
Sec. 13 -30. Data and design standards. Subd 12. Solar access. The city requests that the developer consider
all potential solar energy conservation measures when planning a subdivision. A city handbook,
outlining the design criteria for solar access, is available at city hall.
Solar energy access provisions can be put into place during the subdivision process far more easily than after
lots are being sold (dealing with a single landowner rather than dealing with many landowners). Minnesota
State law allows cities to create "solar easements" and record them with the property (see Minnesota Stat.
500.30 Subd. 30. Moreover, clear best practices and standards for "solar ready" buildings now exist that can
be encouraged as part of the subdivisions process for lots with good solar resources (see U.S. EPA's
Renewable Energy Ready Home specifications, www.energystat.gov/index.cfm?c=reth.rerh—indc-;-A-1.
We encourage the City to consider how these standards might be implemented, either through finalizing the
handbook or through making some of the zoning changes suggested above.
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Revised 2/2013 DATE
ROOFTOP SOLAR PHOTOVOLTAIC APPLICATION /PERMIT
CITY in MINNESOTA
BUILDING CODE DIVISION
JOB SITE ADDRESS
NAME OF BUILDING OWNER
JOB VALUATION
Name
Installation Address
Contractor City State Zip
State License No. Phone
Required Information for Permit:
1. Site plan showing location of major components on the property and a framing cross section that
identifies type of support (rafter or truss), spacing, span dimension, and approximate roof slope. The
drawings need not be exactly to scale, but it should represent relative location of components.
2. Specification sheets and installation manuals for all manufactured components including, but not
limited to, PV modules, inverter(s), combiner box, disconnects, and mounting system.
3. Ycity manages electricpermitprocess - Electrical diagram showing PV array configuration, wiring system,
overcurrent protection, inverter, disconnects, required signs, and AC connection to building (see
accompanying standard electrical diagram).
Step 1: Structural Reviexv of PV Installation Mounting System
1. Is the solar installation to be mounted on pitched roof in good condition, without visible sag or
deflection, no cracking or splintering of support, or other potential structural defect? ❑ Yes ❑ No
For truss systems, additional information maybe needed on the truss' design loads. Please contact
the building official for standards on when structural analysis will be needed.
2. Is the equi ment to be flush - mounted to the roof such that the collector surface is parallel to the
roof? Yes FJ No
3. Is the roofing type lightweight ? [] Yes (composition, lightweight masonry, metal, etc...) F1 No
4. Does the roof have a single layer roof covering? [] Yes F1 No
If No to any of questions 1 -4 above, a study or statement regarding the structural integrity of the
proposed solar installation and all proposed structural modifications, stamped by a Minnesota
licensed /certified structural engineer, and other information, may be required. Please contact the
building official to determine additional information requirements.
5. Provide method and types of weatherproofing for roof penetrations (e.g. flashing, caulk)
Mounting System Information:
6. Is the mounting structure an engineered product des' ed to mount PV modules with no more than
an 18" gap beneath the module frames? []Yes [No
If No, provide details of structural attachment certified by a design professional. Manufacturer's
engineering specifications are sufficient to meet this requirement.
7. For manufactured mounting systems, fill out information on the mounting system below:
Draft model solar permit, 2/24/13 Based on the Expedited Permit Process, Solar ABCS,
http: / /www.solarabcs.org/ about / publications /reports /expedited - permit/
aq
Revised 2/2013 DATE
ROOFTOP SOLAR PHOTOVOLTAIC APPLICATION /PERMIT
CITY in MINNESOTA
BUILDING CODE DIVISION
a. Mounting System Manufacturer
b. Product Name and Model#
c. Total Weight of PV Modules and Rails
lbs
d. Total Number of Attachment Points (attachment points must be
equally distributed across the array)
e. Weight per Attachment Point
lbs
f. Maximum Spacing Between Attachment Points on a Rail inches (see
product manual for maximum spacing allowed based on maximum design wind speed).
g. Total Surface Area of PV Modules (square feet) ft2
h. Distributed Weight of PV Module on Roof (b =f) lbs /ft2
If distributed weight of the PV system is greater than 5 lbs /ft2, a study or statement demonstrating
the structural integrity of the installation, stamped by a Minnesota licensed /certified structural
engineer, may be required. Contact the building official with questions.
Step 2: Electrical Review of PV System (to be completed only if the local government administers
electric permits. Electric permit application can be a separate document, as the licensed electrician
may be a different contractor)
Please document the following information to be issued an electric permit. If the installation does not meet
the following thresholds, additional information may be needed, as requested by the permit official.
1. PV modules, utility - interactive inverters, and combiner boxes are identified for use in PV systems.
2. The PV array is composed of 4 series strings or less per inverter.
3. The total inverter capacity has a continuous AC power output 13,440 watts or less
4. The AC interconnection point is on the load side of service disconnecting means (NEC 2011
705.12(D), NEC 2008 690.64(B)).
5. A standard electrical diagram should be used to accurately represent the PV system. Acceptable
diagrams, in interactive PDF format, are available at ��T.solarabcs.org/pexnvttinlr.
Fill out the standard electrical diagram completely. A guide to the electrical diagram is provided at
ww%v.solarabcs.org /iiennittuig to help the applicant understand each blank to fill in. If the electrical system is
more complex than the standard electrical diagram can effectively communicate, provide an alternative
diagram with appropriate detail.
Step 3: Permit fee for residential installations
Fees .......................... $ (fixed fee between $100 — 250. consistent with cost for services).
Additional inspection .................... $ 50.00 (When re- inspection is needed)
TOTAL FEE _ $
RECEIPT NO.
DATE
I HEREBY CERTIFY that I have completed and examined this application and certify that the information
contained therein is correct. If a permit is issued, I agree all work will be done in conformance with all
applicable ordinances and codes of this City and laws of the State of Minnesota.
CONTRACTOR OR AUTHORIZED AGENT /HOMEOWNER
Draft model solar permit, 2/24/13 Based on the Expedited Permit Process, Solar ABCS,
http: / /www. solarabcs.org/ about / publications /reports /expedited - permit/
a5
1. The subcommittee recommends approval of proposed revisions to Sec. 10.21 of City
Code of Ordinances with the following modifications:
a. Recommend inclusion of the following text in Subdivision 1 Purpose and application:
"reduction of air emissions including carbon monoxide, carbon dioxide, nitrous oxides, sulfur
dioxide, volatile organic compounds and other air toxics"
b. Recommend deletion of the word "alternative" under the definition for "Unmanaged
Vegetation" in Subdivision 2
C. Recommend changes to Subdivision 3 A to read as follows:
0 1. Turf grass or other permitted vegetation establishment required
0 2. Nonapplication of turf grass or other permitted vegetation establishment
requirement
Up to 50 percent of all areas requiring established turf grass or other
permitted vegetation on the property may be established with, or restored
to, a meadow or woodland condition.
Amend definition of "other permitted vegetation" in Subd. 2 to exclude meadow and
woodland, as needed.
d. Recommend merging and combining items (a) through (h) under Subdivision 3 A
paragraph 2 with the items (a) through (d) under paragraph 1.
e. Recommend revision of Subdivision 3 A to permit gravel, mulch and woodchips within
the three -feet setback from neighboring properties (modification to item originally presented as
paragraph 2 (c).
f. Recommend revision of Subdivision 3 A to indicate that within the right -of -way the
following are permitted: gravel, turfgrass up to 8 inches, and other permitted vegetation up to
30 inches in height (modification to item originally presented as paragraph 2 e).
g. Recommend revision of Subdivision 3 B paragraph 1 to delete "All vegetation" and
replace with "turfgrass ".
In. Recommend revision of Sec. 7.08 of the City Code of Ordinances to permit turfgrass up
to 8 inches, consistent with Sec. 10.21.
i. Recommend revision of Sec. 7.08 of the City Code of Ordinances to state that gravel,
ornamental plants, edible vegetation, native grasses and forbs under 30" in height do not
require a permit.
2. The subcommittee recommends the following additional policy and implementation
items:
a. Recommend creation of educational handout on yard establishment and maintenance
of vegetation with clarification on mulch, wood chips, raised beds.
b. Recommend EEAC review and revision of the educational handout following the
discussion with City Council in June.
c. Recommend revision of the zoning permit to clarify that short garden fences do not
require a permit, as indicated in the response from the City Attorney's Office.
d. Recommend revision of the existing permit for landscaping within the right -of -way to
clarify how to complete the form for requests to plant rain gardens, raised beds, and
other vegetation above the height limitations recommended for inclusion in city code.
e. Recommend that standards, required under City Code Sec. 7.08 Subdivision 1 B, for
landscaping and shrubs within the right -of -way be published on the city website.
-r
EEAC Ordinance Subcommittee Meeting Notes and Recommendations 4 -25 -13
The members of the Energy & Environment Advisory Commission's Ordinance
subcommittee met to review the e-mail sent following the discussion earlier this week.
We thank all members who attended and provided detailed input. As requested, we are
communicating the subcommittee's recommendations for the ordinance revisions.
The subcommittee will recommend, as a first priority, to incorporate as much of the
recommendations into the city code revisions. For items that do not get reflected in
ordinance changes, the subcommittee will recommend that policy statements and
education documents be created, reviewed by EEAC, and posted, online and print, to
address any areas of ambiguity in permitting processes and standards that are not
clarified directly in code.
Purpose: The subcommittee appreciates the purposes articulated in the e-mail,
however we recommend adding additional statements that clarify the purpose of the
ordinance:
1. The subcommittee recommends using a generic term that encompasses turf
grass and other landscaping and groundcover options. The subcommittee
recommends using the term "vegetation and groundcover."
2. The subcommittee further recommends expanding the purpose statement to
clarify the purpose of the ordinance. We agree with the items listed in the e-mail
from Director Hohenstein but recommend additional items such as:
a. Those listed in the Minneapolis and St. Paul code section on Boulevards
e.g. "enhance and improve the aesthetic appearance of city streets...
maintain the quality and livability of the residential neighborhoods of the
city. ".
b. A reference to the City of Eagan comprehensive plan and its
sustainability features such as water conservation, natural resource
protection, etc.
c. Reduction of air pollution, noise pollution and energy use (as associated
with the use of many lawn mowers needed to maintain turfgrass).
Right of Way and Other Setback Areas:
The subcommittee observes that turfgrass is a more water intensive, energy intensive,
and chemical intensive form of ground cover than many other options. In order to meet
the city's energy, water conservation and other environmental sustainability goals,
additional options besides turfgrass should be allowed by default (without a permit)
within the ROW and other setback areas as long as they do not pose any risks. The
subcommittee therefore recommends:
1. Additional forms of groundcover be allowed without a permit in the ROW, as has
been done in the codes of other cities such as Minneapolis, St. Paul, Edina,
Eden Prairie, etc. At a minimum, the subcommittee suggests inclusions of rock,
gravel, wood chips, mulch, flowers and other vegetation. The subcommittee
invites city staff to recommend parameters to be included in code that might limit
these options within the ROW under certain conditions:
a. Slope —
b. None - obstruction of sight lines -- we ask that a reasonable height limit be
identified for vegetation within the ROW and note that Minneapolis and
St. Paul have limited the height of plantings within the ROW (not
turfgrass) to 36 and 18 inches under different conditions.
c. Depth -- the subcommittee notes that state statute 216D.01 governing
excavations that require utility locates does not apply to:
"(4) plowing, cultivating, planting, harvesting, and similar
operations in connection with growing crops, trees, and shrubs,
unless any of these activities disturbs the soil to a depth of 18
inches or more;
(5) gardening unless it disturbs the soil to a depth of 12 inches or
more; or
(6) planting of windbreaks, shelterbelts, and tree plantations,
unless any of these activities disturbs the soil to a depth of 18
inches or more."
2. We request that Section 7.08 in Eagan City Code be revised to reflect the
recommendations in this paragraph..
3. The subcommittee is comfortable with adding a paragraph in the code clearly
stating that the city is not liable for damages to vegetation or groundcover
established within the ROW due to any work that must be performed within the
ROW.
Permits
The subcommittee appreciates the intent of the zoning permit and the desire to help
homeowners get it right upfront. The subcommittee, however, restates its
recommendation that short garden fences, short raised beds (e.g. under 36 inches),
and edging and trim around landscaping beds be allowed without a permit, and that
permits be reserved for larger projects.
Definitions of uses other than turfgrass:
The subcommittee recommends against the current approach of two separate
categories: one for turfgrass and one for other uses. The subcommittee recommends
that a single category in the code encompass all allowable vegetation and ground
cover. That category could be named "vegetation and groundcover" and then be
applied in the title of subd. 3 as "Vegetation and groundcover establishment and
maintenance requirements"
50% Limitation (in Sec. 10.21 under Subd.3):
The subcommittee observes that the original code only applied the 50% limitation to
restoration of a woodland or meadow condition. The subcommittee recommends
against percentage limits on any vegetation or groundcover other than meadows and
woodlands.
Other items:
The subcommittee recommends the addition of a definition for xeriscaping and
including it in the category of vegetation and groundcover that may be established
under subd3 in Sec. 10.21.
Appreciatively,
Jon Drucker
Amir Nadav
Mike Wisniewski
'?
l
41k� City of Eapn Memo
To: EEAC
From: Juli Seydell Johnson, Director of Parks & Recreation
Date: May 9, 2013
Subject: Additional Information Regarding EEAC Low Maintenance Landscaping
Ordinance /Policy Recommendations
City staff, along with Sharon Hills from the City Attorney's office, offer the following items of
information for the EEAC to consider in discussions concerning potential changes to the
City's Ordinances and policies regarding low maintenance landscaping on residential
properties.
Attached is a revised draft ordinance amendment provided by the City Attorney's office which
implements all of the objectives of the EEAC, while maintaining the city's current regulations as to
improvements and landscaping within the ROWs and public easements.
Attorney Hills and Public Works Director Matthys also provided responses to the EEAC
Subcommittee report provided by Commission Member Nadiv on April 25.
Also attached is a very rough draft of a handout regarding yard establishment options. It
incorporates existing information from handouts as well as suggestions from the most recent EEAC
packet. This version does not contain any images or drawings but those will be added before it is
complete.
Finally, staff took a cut at summarizing the areas that the City Attorney, staff and EEAC
subcommittee are not in agreement with at this time. These bullet points could serve as discussion
points during the meeting with the City Council.
Relationship of Ordinances, Policies and Education Pieces — The City Attorney indicates
that the Eagan's approach to drafting City code amendments (statutory construction) is
intended to define those things that are and are not permitted. Policy statements and
educational materials can be used to encourage or promote activities within the standards
set by the ordinance. While some cities may incorporate more policy information in the
body of ordinances and the EEAC has noted some of those in their background in this
regard, the ordinance has been drafted using the statutory construction used by the City
Attorney's office, with the understanding that separate policy statements and educational
materials can be considered as well. The public policy question for the Council to
consider is whether to deviate from the standard code construction in this case.
Application of City Permits to Property Improvements — The City allows a wide range
of plantings and improvements on private property. To date, for improvements other than
the installation of turf grass, other improvements in the public rights of way have been
considered through the use of Right of Way Permits, to insure that improvements do not
obstruct sight lines, interfere with snow storage or increase the likelihood of materials
running off of yards and into the storm sewer system. Likewise, built structures, such as
WOK I
sheds, boundary fences, raised beds, retaining walls and similar improvements that fall
below the threshold for a building permit, have been facilitated through a zoning permit
process in which staff works with property owners to insure that investments in such
improvements are located outside of set backs, do not interfere with drainage ways and
meet other code requirements, prior to their installation. Generally both permits are
intended to insure that the initial installation is done correctly and does not require
subsequent enforcement actions or removal after installation. The Commission has
proposed that more plantings and improvements be allowed without the requirement of
permits. The public policy question for the Council to consider is whether to eliminate
the right of way permit or zoning permit requirements for certain items.
o As it pertains to the public right of way, the addition of plant materials in the right of
way other than turf grass and under 8" in height would be substantially similar to the
traditional requirement for turf grass establishment and maintenance and that
addition has been incorporated in the ordinance. The acceptability of other
improvements or materials in the right or way would depend on slope, location, sight
lines and other factors, which can be addressed on a case by case basis through the
right of way permit process.
o As it pertains to other areas of the property, the only item the Commission
recommends to be exempted from the zoning permit requirement that could have
unintended impacts on drainage or violate setbacks if placed improperly would be a
raised bed under 36 ". As with other improvements, such as sheds and retaining
walls, the continued application of the zoning permit for such improvements helps
insure they do not need to be removed or relocated after installation.
50% Limitation on Materials Other than Turf Grass — The historic purpose of this
standard is not clear and whether it is continued or eliminated is a policy matter for
the City Council.
3D
Sec. 10.21. - Planting and maintenance of trees,-tnd turf grass, and other permitted vegetation on
private property.
Subd. 1. Purpose and application. The regulations set forth in this section are for the purposes of
protecting and promoting the public health, safety and general welfare of the people of the city by
regulating the planting and maintenance of trees in order to protect trees and to prevent and abate
hazardous and nuisance trees and conditions within the city. It is also the purpose of this section to
vegetation to provide diversity and environmental benefits (reduction of use of water, fertilizers and
chemical pesticides and herbicides, thereby protecting groundwater and public waters from pollutants)
This section applies to all private property at all times on a continuing basis.
Subd. 2. Definitions.
Formatted: Highlight
maintenance round cover ornamental Cants• and edible vegetation when planted with other Formatted: Highlight
other permitted vegetation. Formatted: Font: Not Italic, Highlight
2. Edible vegetation means any herb plant or fruit or vegetable producing plant which all or a
part thereof is edible.
3. Established turf grass means an area of land that is covered by a minimum of 90 percent
turf grasses.
Formatted: Not Highlight
plants or native grasses and forbs or edible vegetation.
5. Low maintenance turf grasses or ground covers means turf grasses and ground covers of
a species which is appropriate for the property's soil type and growing zone and that is of a Formatted: Not Highlight
cultivar that requires little or no water or mowing once established.
limited to: sedge meadow, mesic prairie dry prairie wet prairie perennial wildflower, and
native plant communities.
7. Native grasses and forbs mean grasses, including prairie grasses and forbs (flowering
broad -leaf plants) that are indigenous to this State.
8. Native plant communities mean groupings of native grasses forbs and other plants that
generally occur together in an area due to soil and light conditions such as: wet prairie dry
prairie, oak savannah, or maple- basswood forest.
9. Noxious weeds means plants designated according to Minn. Stat. $ 18.77. subd. 8
10. Ornamental plants means grasses, flowering perennial and annual plants shrubs and
groundcovers that may not be indigenous to Minnesota but are adaptable Ornamental
grasses do not include turf grasses.
11. Public right -of -way means the surface, air space above the surface and the area below
the surface of any public street, highway, lane, path, alley, sidewalk, trail avenue boulevard
drive, court, concourse, bridge, tunnel, park, parkway skyway waterway, or similar property
within the city owned by or under control of the city, or dedicated or otherwise conveyed to the
city, for general public use.
12. Rain garden means a shallow excavated depression with loosened sub -soils in which
ornamental plants or native grasses and forbs that are adapted to moist conditions and have
deep roots are planted for the purpose of infiltrating and filtering rain water and reducing storm
water runoff.
locale of the property to be restored.
14. Turf grasses means commerciallv available cultured grass plant varieties, including
bluegrass, fescue and rvegrass blends, that are commonly used in regularly cut lawn areas
and low maintenance turf grasses as defined herein.
15. Unmanaged vegetation means diseased, dead, or poisonous vegetation overgrown
shrubs, alternative landscape area as permitted in this Section that is overgrown by nuisance
or noxious weeds.
16. Vegetation means any non -woody plants.
17. Woodland means an area of coniferous or deciduous trees interspersed with shrubs,
grasses, broadleaf plants, and other vegetation, excluding nuisance and noxious weeds that
are native or adaptive to this State.
Subd. 23. Lawn establishme.of Establishment and maintenance of turf grass and
other permitted vegetation.
��
s.
n^hes i^ height
6 A. Any property that
has been approved by the City for development or has been improved with a building as defined in
the building code, including vacant property combined with improved property for property tax
purposes, shall have turf grass or other permitted vegetation subject to the following establishment Formatted: Highlight
requirements:
1. Turf grass establishment required. All distuFbed ^• maiRtaiRed areas of a property whlsh
that are not described in paragraph 8B(2) and constitute the yard of the property, as the term is
defined in the zoning regulations of this Code, that is not otherwise occupied by the driveway or
other parking surface, accessory structures, landscape beds or recreational improvements
(such as: swimming pool, tennis or sport court, play equipment)
pa*ing, sterage, iandSGape beds other ph ^i ^ ^t° shall be covered by
FRaiRtaiRable turf grasses whieh is that are compatible to -with the property's existing preperty
conditions, including soil, slope and shade conditions.
(a) All established turf grass shall be ertahls ,p " °d completed through sodding or
seeding and mulching within eight months of the issuance of the certificate of occupancy
or within 12 months of issuance of a building permit, whichever is earlier.
(b) Any established turf grass establ:ohMeRt OR and within three feet of all
impervious surfaces shall be accomplished through sodding.
iii The property owner shall be responsible for supplemental watering of all areas
established with turf grasses tom- ensure sufficient establishment and root
development.
Sd2 All areas of the property shall comply with the provisions of the Land Disturbance
and Erosion Control regulations and any other provisions of the City Code aad-as in effect
for the property.
2. Nonapplication of turf grass establishment requirement. Ale mere th;;R Up to 50 percent of
all disturbed ^r ma nt ^in ^rl areas requiring established turf grass on the property may be
established with or restored to other permitted vegetation as the term is defined herein. may be
provided the following requirements are met:
(a) The vegetation presently existing in the proposed establishment or restoration area
shall be eliminated in its entirety, and the other permitted
vegetation vegetation shall be established through transplanting, seeding or other means
of propagation.
(b) No area established or restored to other permitted
vegetation condition shall have any noxious weeds or any prohibited tree species as
provided in this section.
(c) A minimum of three jhfeet of established turf grass shall be established and
maintained along the property line edge of a-the property where
the other permitted vegetation abuts established turf grass areas on an
adjoining property in order to provide a transition zone between the two types of plant
communities. The minimum of three (3) feet of established turf _grass need not be
maintained as required in this paragraph if: a fence is installed along the property line
pursuant to a Zoning Permit; the other permitted vegetation abuts a public park open
space, a vacant lot, or a wetland, pond lake stream or natural area: or the alternative
landscape area is located on slopes equal to or greater than three feet horizontal to one
foot vertical (3:1).
(d) Soil erosion shall be controlled during the transition or establishment period of-a
the other permitted vegetation vegetation; and all areas of the property shall comply with
the provisions of the Land Disturbance and Erosion Control Plan and in effect for the
property.
Formatted: Not Highlight
and standards.
Formatted: Not Highlight
similar industry practices and standards for rain gardens.
(h) Other permitted vegetation shall be properly maintained as to not be in a state or
condition of unmanaged vegetation.
9B. Turf grass and other permitted vegetation and meadow orwGodiand Genditions maintenance
standards.
1. All vegetation shall not exceed a height of eight inches, measured from the base at
ground level to the tip of each stalk, stem, blade or leaf.
2. Paragraph Q414 herein above shall not apply to the following:
Comment t5H1]: Under new FEMA map, an
(a) A wetland or �floodplai designated on the official city wetland inventory or zoning area may he within the floodplain, but still subject
map; to turf grass establishment or maintained area.
Perhaps use of "shoreland" or "wetland buffer' be
(b) A drainage pond or ditch whi& that stores or conveys storm - water; I used instead
(c) An area currently being used as pasture land for domestic hoofed animals when
ft
Permitted by the city's zoning regulations in this Code;
(d) An area +a whish where the land and vegetation appears -has not to have been
graded, landscaped, mowed or otherwise previously disturbed by human or mechanical
means;
(e) AA steeply sloped area that is steeply slepe ' as to makes mowing or cutting of the
vegetation not reasonably practical for equipment operation or safety; and
(f) Grasses, (orbs or edible vegetation that characteristically grows taller than 8 inches
and are planted within an other permitted vegetation area
established and maintained in accordance with the provisions of this subdivisioa Section.
Formatted: Indent: Hanging: 0.69 ", Tab
Subd. 4. 3. Public nuisance. The following shall constitute a public nuisance and shall be immediately stops: a', Left+ Not at 0.69^
abated by the property owner:
(a) Noxious weeds;
(b) Vegetation in violation of clause 1) of this G bdivis'o;Paragraph; and
(c) Vegetation in violation of the public rights -of -way plant and vegetation placement
provisions in the City Code.
(d) Unmanaged vegetation.
Subd. 55. City to control tree planting. It is unlawful to iairodase !ant on any
lot or land parcel any tree or seed therefrom that is a prohibited species where such trees are not
naturally occurring. Prohibited species are defined as the following trees:
Ginkgo (female only)
Box elder
Non - disease - resistant elm species
Nonhybrid cottonwood species
Subd. 46. Shade tree diseases.
A. It is unlawful for any person to keep, maintain or permit, upon owned premises ewaed by him or
upon public property where the ep rson has the duty of tree maintenance, any nuisance as defined in
section 10.20 of the City Code.
B. Inspection, diagnosis and abatement of a nuisance shall be by spraying, removing, burning, or
otherwise effectively treating the infected tree or wood in accordance with the procedures and
methods specified in section 10.20 of the City Code.
Subd. 57. !Abatement. If any such owner fails to assume the primary responsibility described in
subdivisions 2, 3, or 4 of this Section or to abate any public nuisance under this Section, then the City's
performance of the work necessary for compliance of this Section or the abatement of the public
nuisance shall be in accordance with this Chapter. comment tsn2t: RevNed language Per
Ordinance No. 505, May 2012.
Red = Sharon Hills from City Attorney's office
Green = Russ Matthys
Purpose: The subcommittee appreciates the purposes articulated in the e-mail, however
we recommend adding additional statements that clarify the purpose of the ordinance:
1. The subcommittee recommends using a generic term that encompasses turf grass
and other landscaping and groundcover options. The subcommittee recommends
using the term "vegetation and groundcover." Terms too broad as would cover any
vegetation —weeds too. The revised ordinance replaces the term "alternative
landscaping" with "other permitted vegetation. "
2. The subcommittee further recommends expanding the purpose statement to clarify
the purpose of the ordinance. We agree with the items listed in the e-mail from
Director Hohenstein but recommend additional items such as:
a. Those listed in the Minneapolis and St. Paul code section on Boulevards e.g.
"enhance and improve the aesthetic appearance of city streets... maintain the
quality and livability of the residential neighborhoods of the city." The city's
authority to enact ordiances is to further public health safety and welfare.
Aesthetics, livability and quality are not issues of public health, safety, and
welfare under current case law.
b. A reference to the City of Eagan comprehensive plan and its sustainability
features such as water conservation, natural resource protection, etc. See "a"
above
c. Reduction of air pollution, noise pollution and energy use (as associated with
the use of many lawn mowers needed to maintain turfgrass). Did not include
because this is a finding of fact or otherwise a statement without supporting
evidence.
Right of Way and Other Setback Areas:
The subcommittee observes that turfgrass is a more water intensive, energy intensive, and
chemical intensive form of ground cover than many other options. In order to meet the city's
energy, water conservation and other environmental sustainability goals, additional options
besides turfgrass should be allowed by default (without a permit) within the ROW and other
setback areas as long as they do not pose any risks. The subcommittee therefore
recommends:
2. Additional forms of groundcover be allowed without a permit in the ROW, as
has been done in the codes of other cities such as Minneapolis, St. Paul, Edina,
Eden Prairie, etc. At a minimum, the subcommittee suggests inclusions of rock,
gravel, wood chips, mulch, flowers and other vegetation. The subcommittee invites
city staff to recommend parameters to be included in code that might limit these
options within the ROW under certain conditions: Eden Prairie staff indicated they
plan to revise their planting ordinance to address concerns with the existing that has
led to removals or trimming by City (no current ROW ordinance, hope to implement
in future); St. Louis Park staff indicated they are having challenges with trees in the
boulevard that are too close to the curb and are asking residents to relocate trees;
other cities have not responded to request for information, yet.
3. a. Slope – This can be more flexible (like the current ROW permit process
allows), but here are some standards that could work.
4. Grade 2% or less: rock, gravel, flowers, other permitted vegetation OR 3'
buffer of flowers, other permitted vegetation behind curb then wood chips, mulch
—3(o
5. Grade greater than 2 %: flowers, other permitted vegetation OR 3' buffer of
flowers, other permitted vegetation behind curb then rock, gravel OR 6' buffer of
flowers, other permitted vegetation behind curb then wood chips, mulch
6. b. None - obstruction of sight lines -- we ask that a reasonable height limit be
identified for vegetation within the ROW and note that Minneapolis and St. Paul have
limited the height of plantings within the ROW (not turfgrass) to 36 and 18 inches
under different conditions. Current policy is 30 ".
7. c. Depth -- the subcommittee notes that state statute 216D.01 governing
excavations that require utility locates does not apply to:
8. "(4) plowing, cultivating, planting, harvesting, and similar operations in
connection with growing crops, trees, and shrubs, unless any of these activities
disturbs the soil to a depth of 18 inches or more;
9. (5) gardening unless it disturbs the soil to a depth of 12 inches or more; or
10. (6) planting of windbreaks, shelterbelts, and tree plantations, unless any of
these activities disturbs the soil to a depth of 18 inches or more." That is correct.
11. We request that Section 7.08 in Eagan City Code be revised to reflect the
recommendations in this paragraph.do not revise as 10.21 revised to allow 8" or less
vegetation.
2. The subcommittee is comfortable with adding a paragraph in the code clearly stating
that the city is not liable for damages to vegetation or groundcover established within
the ROW due to any work that must be performed within the ROW. The city code
does not declare liability or lack of liability to itself. This is not a provision that
belongs in a code of regulations.
Permits
The subcommittee appreciates the intent of the zoning permit and the desire to help
homeowners get it right upfront. The subcommittee, however, restates its recommendation
that short garden fences zoning permit not required, short raised beds (e.g. under 36
inches), and edging and trim zoning permit not required around landscaping beds be
allowed without a permit, and that permits be reserved for larger projects. Need ROW
permit for activity in ROW.
Definitions of uses other than turfgrass:
The subcommittee recommends against the current approach of two separate categories:
one for turfgrass and one for other uses. The subcommittee recommends that a single
category in the code encompass all allowable vegetation and ground cover. That category
could be named "vegetation and groundcover" and then be applied in the title of subd. 3 as
"Vegetation and groundcover establishment and maintenance requirements" Done - revision
made. However, the terms do need to be defined separated and used separately.
50% Limitation (in Sec. 10.21 under Subd.3):
The subcommittee observes that the original code only applied the 50% limitation to
restoration of a woodland or meadow condition. The subcommittee recommends against
percentage limits on any vegetation or groundcover other than meadows and woodlands.
Other items:
The subcommittee recommends the addition of a definition for xeriscaping and including it
in the category of vegetation and groundcover that may be established under subd3 in Sec.
10.21.
� r�
In short, the draft ordinance amendment provides for " xeriscaping," if a property owner so
choses, without the necessity of specifically referring to the term in the ordinance. The
objective of the ordinance amendment is to allow plantings in lieu of traditional turf grass to
reduce the need of watering. This objective is met.
Further, a property owner, as the ordinance amendment is written, can certainly go even
further in water use reduction — andfollow the primary principle of xeriscaping, by planting
drought resistant plants.
Again, the ordinance amendment furthers "xeriscaping" by it terms because the amendment
permits alternative vegetation and plants in lieu of turf grass. Ordinances should define the
action, not the lingo referring to the action.
3�3
City of Evan
3830 Pilot Knob Road
Eagan MN 55122
YARD ESTABLISHMENT AND MAINTENANCE
Turf and Low Maintenance Options
The City of Eagan would like to provide multiple options for yard establishment and maintenance. The
following handout is written only as a guide; it is not intended nor shall it be considered a complete set of
requirements.
ESTABLISHED YARD OPTIONS
All disturbed areas of private property not occupied by buildings, parking, storage or landscape beds shall have
a form of turf established. Property owners may choose to maintain a turf grass and /or another form of
established vegetation, including native landscaping, edible landscaping or rain gardens.
Turf Grass
Turf grasses are commercially available cultured grass plant varieties, including bluegrass, fescue and
ryegrass blends that are commonly used in regularly cut lawn areas. Different types of turf grasses
have different characteristics and root depths. In example, fine fescue lawns have deeper roots up to
9" in depth, compared to the 1 -3" depth of many bluegrass blends.
Required Permits — A Right -of -Way Permit and staff review are required for the installation of turf
grass in the Right -Of -Way of your property.
Native Landscaping
Native plants are those that grew in Minnesota prior to European settlement. Native landscaping can
range from using native plants for their decorative value in a flower bed to restoring natural plant
communities such as prairies or oak savanna. As compared to turf grass and non - native ornamental
plans, native vegetation requires less irrigation, fertilizers and pesticides.
When homeowners use native vegetation rather than turf grass, less irrigation water, fertilizers and
chemicals are used, reducing runoff into lakes, streams and rivers. Native vegetation also provides
food and habitat for birds, pollinators and other wildlife.
Required Permits — A Right -of -Way Permit and staff review are required for the installation of
landscaping in the Right -Of -Way of your property.
Edible Landscaping
Edible landscaping refers the incorporation of fruit and vegetable producing plants into landscape in an
attractive manner, appropriate for the front and back yard. Encouraging individuals to grow fruits and
vegetables in their yards increases local food security, ensures access to healthy foods and reduces
unnecessary transportation of foods.
GABuilding Inspections \HANDOUTS
Updated 4/26/2013
3�
Required Permits — A Zoning Permit and /or Right -Of -Way Permit may be required. Zoning Permits
are required for the installation of fences, raised garden beds and other structures in the yard. Right -
Of -Way Permits are required for any work in the Right -Of -Way on your property.
Rain Gardens
Rain gardens are designed to collect and infiltrate storm water that runs off of roofs and pavement,
preventing it from entering the storm sewer system and polluting lakes, streams and rivers. Rain
gardens consist of shallow depressions with loosened sub - soils, planted with native plants, garden
perennials and /or shrubs that are adapted to moist conditions and that have deep roots to help storm
water seep into the ground quickly. Encouraging homeowners to construct rain gardens is an important
way for a community to protect surface water resources and recharge ground water.
Required Permits — The installation of a rain garden may require a Right -Of -Way Permit. Contact
Eagan Water Resources at (651) 675 -5300 for additional information about design and installation of a
rain gardens.
TREES
'? Trees are an important part of the landscape of a property and the community. It is important that trees be
be planted so as to avoid utility locations and drainage areas. For that reason, they should be planted within
the portions of the yard that are not in the drainage and utility easements and they can only be planted in the
public right of way through a Right -Of -Way Permit. As with all protects that require digging property owners
should call for utility locations at least three days prior to beginning a project.
SMART WATERING
With watering of any type of vegetation, it is important to take steps that best use the water we have available.
Lawn Soils
Tight soils limit deep growth of roots, prevent water from soaking into the ground, and make lawns
susceptible to drought stress. A "core- plug" aerator" effectively loosens compacted lawn soils. Self -
propelled aerators may be rented from a lawn service company. Fall is the best time for this work.
Prior to aeration, locate buried wires and irrigation heads.
During aeration, top -dress your lawn with 1/4" well -aged and weed -seed free compost. This builds
healthy soils by adding organic matter.
A simple test determines if your lawn needs aeration. Push a wire stake flag into the ground when
moist, but not soaked or parched. If you can push in 12" or more, you do not have a compaction
problem. If only 1" to 2 ", your lawn needs aeration. You many use a leftover flag from a utility locate
service or contact the Eagan Maintenance Facility for a wire.
Wire flags for testing soil are available at the Eagan Maintenance Facility or City Hall
Mowing
Grass roots grow deeper when your lawn is mowed near 3 ". Deep roots help increase drought
tolerance and decrease soil compaction. Such lawns also help restrict dandelion and other weed
GABuilding Inspections \HANDOUTS
Updated 4/26/2013
O
growth.
For a healthy lawn, use a sharp mulching blade. Mulched grass clippings are free, recycled fertilizer
and are also good for soil moisture retention. To protect lake water quality and wetlands, mow and
sweep clippings away from your driveway or street, keeping these materials from washing into the
storm sewer system when it rains. Eagan City Code prohibits putting grass, leaves and other debris
into streets.
Irrigation
When watering the lawn during the hottest part of the day, you may lose 50% of irrigation water to
evaporation. Small leaks may add up to hundreds or thousands of gallons of wasted water. Inspect
your watering system or hire a professional for an irrigation audit.
Adjust spray heads to water your lawn — not the street, driveway or sidewalk. For hard -to -water areas,
consider planting something else in the place of traditional turf grass.
Watering Suggestions
- One inch of water per week (via rain or irrigation) is adequate. Rain may be measured with an
accurate rain gauge and irrigation may be measured using a small container.
- Avoid watering between 11:00 a.m. and 4:00 p.m. to reduce moisture loss by evaporation. It is
better to water in the early morning or late evening.
- Avoid watering on windy days, to reduce water loss.
- Avoid over - watering, which may cause shallow roots, lawn disease and stress. Soil moisture may
be determined with a moisture meter.
Required Permits — A Plumbing Permit is required for the installation of an underground sprinkler
system. A Right -of -Way Permit is required for the installation of sprinkler heads in the public Right -Of-
Way.
Rain Barrels
The collection of runoff rainwater benefits Eagan water bodies and allows useable, free water for
homeowners. Rain barrel water may be used to nourish plants during dry spells or water one's lawn. It
is best to drain rain barrels regularly to eliminate stagnation and make room for future capacity.
Rain barrel information is available through Eagan Water Resources at (651) 675 -5300.
MAINTENANCE
The City of Eagan encourages property owners to plant and maintain vegetation that adds diversity, but
prohibits unmanaged growth and noxious weeds.
Tall Vegetation
All turf grass and alternative landscaping shall not exceed a height of eight inches, as measured from
the base at ground level to the tip of each stalk, stem, blade or leaf.
Vegetation within the right -of -way (boulevard area) shall not exceed a height of 8 inches. It is the
responsibility of the abutting property owner to maintain the boulevard area turf grass to the curb line.
GABuilding Inspections \HANDOUTS
Updated 4/26/2013
L' I
Noxious Weeds
Owners must provide regular weeding, pruning and maintenance of all plantings located on their
property. Minnesota State Statute dictates that property owners must eradicate all noxious weeds on
land they own, occupy or a required to maintain. An extensive list of noxious weeds is maintained
yearly by the Minnesota Department of Agriculture.
Dandelions are not considered noxious weeds and are not required to be removed.
Diseased Vegetation
Plant materials which exhibit evidence of pests, disease or damage shall be appropriately treated and
dead plants shall be removed and /or replaced.
LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY
There are specific restrictions regarding landscaping near or within a public Right -Of -Way (ROW). In most
residential lots, the ROW extends 13 -15 feet back from the curb. Although lawn areas usually extend all the
way to the curb line and are subsequently maintained by the property owner, the boulevard is public and
reserved solely for the installation of public utilities, snow storage and mailboxes.
- Permits are required prior to the installation of any landscaping in the ROW
- The construction of any structure in the ROW is not allowed, with the exception of mailboxes. A ROW
Permit is required to install a mailbox.
- The City reserves the right to trim and /or remove any landscaping or trees within or overhanging the ROW
that may interfere with visibility, maintenance operations, or passage on public trails or walks within the
ROW.
Compliance with relevant ordinances helps eliminate potential liability associated with damages that may occur
from unauthorized installation within public ROW.
Contact Eagan Engineering at (651) 675 -5646 to determine the width of the boulevard easement, property line
locations, specifications for the installation of mailboxes, and "clear zone standards" related to visual and
physical obstructions within boulevard areas. The City does not locate property corners or property lines for
private property owners.
HELPFUL CONTACTS
Eagan Engineering
ROW Permits, Setbacks
(651) 675 -5646
Eagan Water Resources
Rain Gardens, Rain Barrels, Smart Watering
(651) 675 -5646
Gopher State One Call
Utility locations
(651) 454 -0002
Eagan Planning and Zoning
Zoning Permits, Raised Gardens, Fences
(651) 675 -5685
Eagan Forestry
Tree, plant, shrub species, Planting Information
(651) 675 -5300
Eagan Building Inspections
Pluming Permits, Retaining Walls
(651) 675 -5675
l�
GABuilding Inspections \HANDOUTS
Updated 4/26/2013
EAGAN ENERGY & ENVIRONMENT ADVISORY COMMISSION
WATER EFFICIENCY SUBCOMMITTEE RECOMMENDATIONS
April 2013
The EEAC Water Subcommittee met with Public Works Director Matthys and Superintendent of
Utilities Eaton on March 15 to discuss the subcommittee's recommendations. Revisions to the
water subcommittee's recommendations appear underlined below, along with follow up
materials provided by Director Matthys and Superintendent Eaton and additional background on
water supply benchmarks from the MN Department of Natural Resources.
Attachments:
• 2012 Eagan Water Supply Summary Data
• Eagan Water Utility Historical Data & Projections
• Background from the MN DNR on Water Supply Benchmarks & Conservation Measures
Background information;
The City of Eagan uses an average of 3 - 3.5 billion gallons of water each year and sends an
average 2 - 2.5 billion gallons of water each year to the Seneca Wastewater Treatment plant.
On a typical year, about 30% of the water used in the city of Eagan does not go down a drain,
some of which is composed of water uses classified under Minnesota Statutes as "sixth priority
non - essential uses." While this water goes through an expensive treatment process, some non-
essential water uses such as lawn irrigation could be met in part through alternatives such as
rainwater, or reduced via rain sensors, water - efficient landscaping, and other mechanisms.
In the Summer of 2010, the City of Eagan implemented a water conservation rate structure.
Average summer water use has trended slightly lower in the first two years, although the impact
of the rate structure on annual city -wide water usage has not yet been determined.
Eagan's water use over the past decade has remained relatively constant and trended slightly
downward since peaking in 2006. Nearly 70% of Eagan's housing units were constructed before
1990. In 1992, new federal water efficiency standards were enacted, which reduce per capita
water usage for new construction and can improve the water efficiency through retrofits and
remodels to existing buildings.
As an example, toilets installed before 1990 used anywhere from 3 - 7 gallons per flush. Toilet
models today can use 1.6 gallons per flush, and high- efficiency WaterSense- certified toilets use
even less. Water efficiencies for dishwashers, washing machines, faucets, showerheads, and
other water -using devices have also improved.
The City of Eagan's Water Supply and Distribution Plan projects a roughly 20% increase in
average per capita daily water use in Eagan and a 33% increase in per capita maximum day
water use, compared to a projected increase in population of around 14% (see reference
material).' To meet this growing need, the plan identifies investments in new supply and storage
of over $7 million. The attached documents indicate actual population size and water demand.
City staff note that of the $7 million figure in the plan, around $3 million is intended for storage
and not based on demand.
Communities across the country are achieving significant water savings by implementing water
efficiency programs. These programs may include a variety of approaches such as rainwater
harvesting, water efficient landscaping, and incentives to encourage private investment in the
existing building stock to improve water efficiencies partially in lieu of public investments in new
supply. Such an approach in Eagan may potentially offer a cost - effective use of resources with
co- benefits and complement, or ap rtially offset, the 2008 Water Supply & Distribution Plan's
projected investments of over $7 million in new supply and storage.
Actions for Consideration:
The water efficiency subcommittee recommends that the Eagan Energy & Environment
Advisory Commission recommend the following items to City Council for consideration:
• Adopt a city -wide goal of reducing per capita daily water use 10% by 2020 and 15% by
2025 below a baseline of the average per capita daily water use from 2005 - 2010.
• Register the City in the free and voluntary WaterSense partnership program and appoint
the water utility to administer program implementation.
• Authorize water utility budget funds for water conservation education, training, efficiency
and conservation upgrades to city facilities, and for rebates, or financing, for rain
sensors, rainwater capture and use, and WaterSense certified appliances and devices
installed on private property.
• Direct the Eagan water utility, with input from the Energy & Environment Advisory
Commission, to develop and implement a water conservation plan to achieve or exceed
the city's water reduction goal.
WaterSense
Action Item: Recommend to City Council Approval of the WaterSense Partnership Agreement
and Designation of Eagan Water Utility as the Implementing Entity
Background
WaterSense is a free and voluntary national partnership program among federal, state and local
government agencies, builders, manufacturers, water utilities, retailers and other entities. The
goal of the program is to encourage water conservation. WaterSense offers free educational
materials, technical assistance and a national certification for appliances and devices that are
20% more water efficient than conventional models as determined by independent, third -party
testing.
1 Potential reasons for growth include a new large industrial customer, redundancy in supply and conservative
engineering estimates.
2
Since the program's inception in 2006, WaterSense reports helping consumers save a
cumulative 287 billion gallons of water and over $4.7 billion in water and energy bills. As of
January 2013, over 3601 organizations across the country were WaterSense partners. Public
sector partners in Minnesota include the cities of Farmington, Oakdale, Roseville, Luverne,
Marshall Municipal Utilities, Rochester Municipal Utilities, Minnesota Department of Natural
Resources, Minnesota Pollution Control Agency, and the Minnesota Technical Assistance
Program.
GreenStep Cities provides credit for cities that implement educational programs and incentives
for use of WaterSense- labelled appliances. Joining the WaterSense program will provide the
city of Eagan with access to materials and assistance that will help the city complete GreenStep
best practice action 20.7 and enhance the city's implementation of GreenStep action 2.5.
By joining, the city agrees to promote the value of water efficiency and the meaning of the
WaterSense label, provide annual data about city activities to promote water efficiency, feature
the WaterSense label on the website and promotional materials, and allow the U.S.
Environmental Protection Agency to recognize the city's participation in the program. In return,
partners receive access to a partners -only website with free resources (such as tutorials, public
education materials, and access to a peer network of examples from other locales) that the city
may use to implement its water savings program.
Attachments
• WaterSense Partnership FAQs http: / /www.epa.gov /watersense /fag partners.html
• WaterSense Partnership Agreement:
http: / /www.epa.gov /watersense /docs /partnership promopartners508.pdf
Proposed Water Conservation Plan Elements
• Install rain barrels, cisterns or surface water reuse on city facilities, where appropriate,
and utilize rainwater for grounds irrigation. Provide public education signage at high
visibility demonstration sites
• Install and expand low -water landscaping on city facilities, where appropriate, and
provide educational signage and tours at high visibility demonstration sites
• Provide regular water saving tips on city facebook page, newsletter, Eagan TV, city utility
bills
• Partner with energy utilities serving Eagan on the promotion and distribution of their free
water - saving kits for Eagan Households
• Provide educational seminars or tours for the public on water conservation, reuse, and
rainwater capture and use
• Offer water assessments for private properties to help identify opportunities for water
efficiency, conservation, and reuse
• Develop a financial incentive program to encourage water efficiency and conservation
upgrades on private property along with possibilities for reuse, and rainwater use
practices by prioritizing water utility funds for these activities over investments in new
storage and supply
• Explore, with Eagan CFO Pepper, revisions to the water utility conservation rate
structure to encourage conservation and equitable cost - allocation
• Explore enforcement mechanisms and penalties to discourage repeat violations of
existing water conservation ordinances
REFERENCE MATERIAL
Water Saving Examples from Other Cities
Adapted from Report, "Cases in Water Conservation ,2 (except the Edina, Eden Prairie and
Colorado Spring examples)
City
Approach
Results
Residential equipment irrigation a ui rebates,
g q P
2000 - 2006 System Wide Water
Commercial pre -rinse spray valve retrofits,
Use decreased 13.3%
toilet and urinal rebates, incentives for
2000 - 2006 System Wide Per
Colorado
water- efficient landscaping, conservation
Capita Water Use decreased 20%
Springs,
rate structure, clothes washer rebate,
CO3
dishwasher rebate, xeriscaping education
The 2008 - 2012 Conservation
and workshops, xeriscaping
plan is expected to save 3 billion
demonstrations, water use audits,
gallons of water per year by 2017,
showerheads & faucet aerators, among
equivalent to 7.58% of projected
others
annual production.
Cary's water conservation
program will reduce retail water
Public education, landscape and irrigation
Production by an estimated 4.6
Cary, North
codes, toilet flapper rebates, residential
mgd by the end of 2028, a o
savings of approximately 16 /o
Carolina
audits, conservation rate structure, new
in retail water production.
homes points program, landscape water
These savings reduced operating
budget, and a water reclamation facility.
costs and have already allowed
Cary to delay two water plant
expansions.
Barrie was able to save an
average of 14.5 gallons per
person per day. The reduction in
Barrie,
Rebates to replace inefficient
wastewater flows enabled Barrie
Ontario
showerheads and toilets and distribution
to defer a capital expansion
of information kits
project. Water
conservation efforts saved an
estimated $17.1 million
(Canadian dollars) in net deferred
2 http:// www. epa. gov/ watersense /docs /utilitvconservation 508.pdf
3 http : / /www.csu.org /residential/water /Documents /iteml4309.pdf
4
4(a
Water Supply and Distribution Plan - City of Eagan
http: / /www cityofeagan com/ upload / images/ publicWorks /Eng /RSCP %20CompWaterSupply pdf
Year
Population
capital expenditures.
Average Day
Max Day
From 1989 to 2001, population
Served
High efficiency toilet retrofits, conservation
served increased 20% & water
(Gallons / Capita)
kits (containing toilet tank dams, efficient
use decreased 26% per capita.
Tampa,
showerheads, leak detection kits, and
Florida
information), encouraged low -water
Toilet rebate program reduced
140
landscaping, irrigation evaluations and
household water use by 15 %.
70,500
free rain sensors, irrigation restrictions,
144
380
and increasing block rate structure.
Landscaping evaluations reduced
water use by 25 %.
Rate structure implemented with higher
rate for high use tiers. $50,000 from high
tier revenue set aside for education &
rebates for irrigation controllers,
Over 2,100 rebates distributed
Eden
WaterSense toilets, showerheads and
from 2000 - 2012.
Prairie,
faucets, and Energy Star washing
Minnesota
machines since 1998
Over 75% of all residential
customers use under 36,000
Eden Prairie's residential rates currently
gallons of water per quarter.
have 5 Tiers ranging from $1.90/1000gal
for up to 36k gallons to $4.40/1000gal for
use over 78,001 gallons per quarter.
Two conservation rate tiers;
Base $1.66/1000gal
Tierl $2.19/1000gal ( +32 %)
Edina,
Tier2 $3.45/1000gal ( +108 %)
Alternate rate tier
Minnesota
Base; use under 8700gal /mo
Tier 1 between base and 16200 gal /mo
Tier 2 over 16200 gal /mo
Water Supply and Distribution Plan - City of Eagan
http: / /www cityofeagan com/ upload / images/ publicWorks /Eng /RSCP %20CompWaterSupply pdf
Year
Population
Maximum Daily
Average Day
Max Day
Served
Demand (Million
(Gallon / Capita)
(Gallons / Capita)
Gallons)
2005
69,226
25.8
140
373
2010
70,500
26.84
144
380
4 According to the City of Eagan Public Works Annual report, actual maximum daily demand in 2010
equaled 18.7 million gallon /day, http: / /www.citvofeagan.com/ upload / images /PublicWorks /Eng /ARUA.pdf
4n
2020
73,000
29.0
150
397
2030
75,500
31.2
156
413
Ultimate
79,000
34.5
169
437
% Change 2005
- Ultimate
14.12%
33.72%
20.71%
17.16%
Capital Improvement Cost Estimates Included in Supply and Distribution Plan
New Proposed Investments in new Supply and Storage exceed $7 million.
• Distribution $3,087,400
• Cliff Rd. Booster Station Improvements $372,400
• Supply $3,860,000
• Storage $3,497,800
• Safari Reservoir Altitude Valve & Booster Pump $137,700
• Treatment $1,406,100
• Total $12,361,400
Metropolitan Council Water Conservation Toolbox: Tips and Resources
http: / /www.metrocounci1.org/ environmentN VaterSupply /conservationtooIbox residential.htm
Toilets, Sink Faucets and Showerhea s
The 1992 Federal Energy Policy Act required all toilets, sink faucets and showerheads
manufactured in the United States after January 1, 1994 be low- volume fixtures. Toilets
must use no more than 1.6 gallons per flush (gpf); sink faucets no more than 2.5 gallons
per minute (gpm); and showerheads no more than 2.5 gpm, respectively. Fixtures
installed before 1994 were not required to be retrofitted; therefore, 5 to 7 gpf toilets and
3 to 4 gpm sink faucets and showerheads are still in extensive use throughout the United
States.
C[othes Washers and Dishwashers
The efficiency of clothes washers and dishwashers installed between 1980 and the early
2000s are estimated to range from 27 gallons per load (gpl) to 51 gpl and 7 gpl to 14gpl,
respectively. Although recent models (since year 2000) are twice as water - efficient as
those of 20 years ago (1980), water conservation measures are still important because
as population increases so does total water use.
A
L( {6
Implementation Status of Relevant GreenStep Cities Actions
Best Practice 20.7
Create a demand -side management program to reduce demands on water and wastewater
systems. http:// greenstep. pca. state.mn.us /bestPracticesDetail actions. cfm ?bpid =20 &aid =883
Status: Eagan has not yet reported completion of this action
Implementation Guidance (from GreenStep website)
o 1 Star: Offer incentives to homes and businesses to reduce use of water and to limit
wastewater, such as using WaterSense rated appliances, smart lawn- watering
techniques, replacing old toilets, harvesting rainwater for landscaping, and water re -use
where appropriate and allowed under Minnesota code. Report building or development
code water efficiency, as part of Green Building efforts, under best practice 2, action 5.
2 Stars: Achieve 1 Star rating AND study the cost - savings from deferring capacity
additions and reducing energy and maintenance operating costs if demand is reduced.
Report demand - reduction savings to residents and businesses.
o 3 Stars: Achieve 2 Star rating AND modify rate structures to target peak -use times and
discourage or defer use, OR create a sustainable water use plan.
Best Practice 2.5
Conserve drinking /groundwater resources by adopting a watering ordinance, conservation rate
structure, dynamic user feedback, model landscaping ordinance, or WaterSense purchasing
program. http:/ /-green step. pca. state.mn.us /bestPracticesDetail actions. cfm ?bpid =2 &aid =725
Status: Eagan has reported implementing a tiered rate structure and odd -even watering.
Implementation is complete at a 1 star level. The city's information on the GreenStep website
appears below.
The City of Eagan has permanent conservation program for outside water usage. If your address
ends in an odd number such as 311, outdoor watering is allowed on the 1st, 3rd, 5th, 7th, etc.,
day of the month. If your address ends in an even number such as 312, outdoor watering is
allowed on the 2nd, 4th, 6th, 8th, etc., day of the month. This permanent system is in effect
throughout the entire outdoor watering season. The State has enacted legislation requiring cities
with a water utility to adopt a rate structure that encourages water conservation. To comply with
the law, most cities, including Eagan, have chosen to adopt a tiered rate structure. Eagan has a
two -tier system in place. Effective July 1, 2010 residents pay the same rate they are accustomed
to paying$1.40 per thousand gallons for the normal indoor usage. The normal usage level will be
defined as water used in the winter quarter, a period void of outdoor use such as watering lawns,
washing cars, and filling swimming pools. Water used in the non - winter quarters in excess of
normal will be billed at $1.75 per thousand gallons." found on the Cities web page at
http: / /www.cityofeagan.com /live /page.asp ?menu= 21444.
7
149
Implementation Guidance (from GreenStep website)
0 1 Star: Implement a robust water ordinance OR robust conservation rate structure.
Report water use changes (which can be reductions of around 10 %) or the rate
structure /pricing.
2 Stars: Modify and adopt a model landscaping ordinance that encourages low water -
use landscaping, OR arrange for water users to see their water use history/use
compared to similar users.
o 3 Stars: Achieve 1 Star rating AND create a rebate or feebate program to promote
purchases of WaterSense- and /or Energy Star -rated appliances, consistent with best
practice 20, action 5. Report on rebates granted by appliance type and estimated
water /energy savings.
Eagan Housing Vintage Data from Metropolitan Council Community Profile
http: / /stats, metc.state. mn. us /profile /detai1.aspx ?c= 02394586
• Census Number of Housing Units 1990: 18,450
• Estimated Number of Housing Units in 2011: 26,443
• Percent of Housing Units in Eagan built before 1990: 69.77%
Water Use Priorities
State Statute 103G.291 established an emergency water allocation priority system which
must be considered in determining pre- reduction procedures. The table below illustrates
the priorities as they apply to Eagan's customer uses.
• First Priority Domestic water supply, excluding industrial and commercial uses of
municipal water supply.
• Second Priority Water uses involving consumption of less than 10,000 gallons per day.
• Third Priority Agricultural irrigation and processing of agricultural products (does not
apply).
• Fourth Priority Power production (does not apply).
• Fifth Priority Uses other than agricultural irrigation, processing of agricultural products,
and power production.
• Sixth Priority Non - essential uses such as lawn sprinkling, vehicle washing, park
irrigation, and filling swimming pools.
US EPA Water Conservation Plan Guidelines
http: / /www.epa.gov /watersense /pubs /guide.htmi
0
Annual History of Water Pumpage
Precipitation
Vs. Inches of Precipitation ail. Gal.
2001 -2011
Source: http: / /www.citVofeagan.com/ upload / images /PublicWorks /Eng /ARUA.pdf
0
5�
IE,
2.5
1.5
Water Demands - Summer
Millions of
Millions of Gallons of Water Per Day
Gallons /Day
2001 -2011
30
25.8
25.7
24 3 25.3 25.3 24.3
25
21.4
19.4
20
17.9
15.8 16.8 18.4 17 18.5
18.7
15
14.3
13.5
1
-
J7.4
12.1
10
5
0
2Q01
2002
2003
2004 2005 2006 2007 2008 2009
2010
2011
®Average
17.9
14.3
13.5
15.8
16.8
21.8
18.4
17
14.5
12.1
13.2
Maximum
25.8
19.4
25.7
21.4
24.3
25.3
25.3
24.3
18.5
18.7
17.4
®Average
Annual History of Water Pumpage
Precipitation
Vs. Inches of Precipitation ail. Gal.
2001 -2011
Source: http: / /www.citVofeagan.com/ upload / images /PublicWorks /Eng /ARUA.pdf
0
5�
IE,
2.5
1.5
Water Supply Plans and Water Appropriation Permit Approvals
Water Supply Plan (WS Plan) approvals may also include approval for increased water
volumes and/or new wells that are planned over the ten year life of the plan. Requesting
permit approvals as part of the WS Plan is optional and would most likely benefit
growing communities that anticipate large increases in water use or a number of new
wells over the next ten years. To qualify for the ten year permit approval certain
benchmarks or conservation measures are required along with adequate documentation
on the need for increased water volumes and new wells.
Benchmarks and Conservation Measures. Permit approvals will be based on meeting
specified benchmarks listed below. If water demands exceed Benchmarks for
unaccounted water, residential per capita, and peak demands then permit approval will be
contingent on implementation of one or all the listed Conservation Measures or Programs
until the benchmark is achieved.
Benchmarks
Conservation Measures or Programs
Unaccounted Water
If over 10 %, a plan is required that addresses
(water withdrawals minus sales)
reduction of unaccounted water through universal
Less than 10%
metering and accounting of water use, routine
meter testing and repair, and distribution system
leak detection and repair.
➢ Metering of source water and customers.
➢ Accounting for public uses.
➢ Water audits to determine unaccounted
water.
➢ A leak detection survey that also includes
an inspection of hydrants once each year.
➢ Operational procedures that include an
established schedule for repairing leaks
within 30 days.
➢ Operational procedures that include an
established schedule for meter testing,
maintenance and repair.
Residential Gallons Per Capita
If over 75 GPCD, a plan is required that evaluates
Less than 75 GPCD
and implements measures targeted at reducing
residential per capita.
➢ Analyze residential customer use to
determine reasons for high per capita use.
➢ Customer education a minimum of four
times per year that targets reduction of
indoor and outdoor uses.
➢ Contact customers with high volumes and
large volume increases and offer home
audits and conservation tips.
➢ Incentive programs to reduce per capita
use, such as distributing showerheads,
aerators, leak detection kits, or soil
moisture meters, rebates for washing
machines or ULF toilets rebate programs,
or other types of incentives.
ir- Benchmarks for WS P1anV.doc
5a
Peak Demands
If over a ratio of 2.6, a plan is required to reduce
Maximum Day to Average Day
peak demands.
Ratio Less than 2.6
➢ Ordinances for lawn watering including
time of day, scheduling (along with
information on how often to water) and
water wasting (runoff) with adequate
enforcement and penalties for non-
compliance.
➢ Development approvals with criteria that
minimize large open turf areas, require
organic soil augmentation for new turf
areas on sandy soils, and require one or
more trees for new construction.
➢ Customer education/conservation tips
during summer peak demands a minimum
of four times between May and September
of each year.
➢ Conservation Water Rate Structure:
Increasing block or summer surcharge with
25 -cent minimum increments between
blocks or normal rates.
Rate Structures - A conservation or conservation neutral rate structure is required that
does not include any volume of water in the service or base charge (lifeline exceptions
allowed).
Monitoring Plan — A monitoring plan approved by DNR that includes monthly water
level readings in production wells and/or observation that may be required. Monitoring
data must be submitted to DNR once each year or upon request.
Sustainability — All impacts and limits on natural resources and other water users must
be satisfied.
Permit Approval Requests and Process
1) The Water Supply Plan must be approved by DNR.
2) A letter summarizing the permit approvals being requested for new water sources
(CIP) and increased volumes (demand projections) for the next 10 years along
with documentation that Benchmarks or Conservation Measures and Programs are
being implemented.
3) Billing for permit amendment fee.
4) DNR review of permit request, which may require additional information or
discussions with the public water supplier.
5) DNR final action on request (approve, approve with limitations, or deny).
6) Compliance reporting by public water supplier.
DNR Waters 8/16/2007
53
]r- Benchmarks for WS P1anV.doc
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Estimated Sanitary Flow by Class (based on utility Billing)
Residential Institutional Commercial Industrial
2012 1170.297 102.62 312.861 190.903
2011 1277.025 93.622 306.595 194.603
2010 1323.281 95.279 308.305 210.949
2009
2008
2007
2006
2005
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EPA 6
WaterSense
Section 1: EPA WaterSense' Program Goals
OMB Control Number 2040 -0272
Approval Expires 06/30/2013
Partnership Agreement:
Promotional Partners
The EPA WaterSense program aims to use water resources more efficiently to preserve them for future generations and to
reduce water and wastewater infrastructure costs by reducing unnecessary water consumption. Through WaterSense, EPA
provides reliable information on high - performing, water - efficient products and practices, raises awareness about the
importance of water efficiency, ensures water - efficient product performance, helps consumers identify products and servic-
es that use less water, promotes innovation in product development, and supports state and local water - efficiency efforts.
Section 11: Partnership Pledge
As an EPA WaterSense promotional partner, (name of organization), shares
EPA's goals as outlined above and is proud to commit to the following activities to further these goals:
1. Educate consumers, residents, businesses, and institutions on the value of water efficiency, the importance of saving
water, and the meaning of the WaterSense label. Where feasible, undertake activities and events to achieve mutual
WaterSense goals.
2. As appropriate, encourage eligible constituents, members, or affiliates to participate as partners in the EPA
WaterSense program.
3. For utilities and governments: On an annual basis, provide data to EPA on promotional activities and incentive
programs to assist in determining the impact of the program in promoting labeled products.
4. For applicable trade associations: Provide aggregate data to EPA on market share of WaterSense labeled prod-
ucts and programs in relevant industry. Compile data submitted by members who are also WaterSense partners
into a summary report to assist EPA in evaluating market trends and the success of the WaterSense program, with-
out disclosing any proprietary information from members.
5. Adhere to all policies and procedures contained in the Program Guidelines.
6. Feature the WaterSense promotional label and partner logo on website and in other promotional materials.
7. Adhere to WaterSense program mark guidelines and ensure that authorized representatives, such as advertising
agencies, distributors, and subcontractors, also comply. Help EPA maintain program integrity by alerting EPA to
possible misuse(s) of the WaterSense program marks.
8. Grant the EPA WaterSense program permission to include partner's name on a list of participating partners on the
WaterSense website, program materials, and announcements. Partners understand that from time to time, EPA will
be interested in profiling partner accomplishments in case studies and articles. If selected for such promotion,
partners will have the opportunity to provide input and review the final print or web document before EPA releas-
es it to the public. Further, the partner understands that EPA might refer media contacts interested in publicizing
water efficiency to partners for information about products and accomplishments.
Section lll: EPA WaterSense Program's Commitments to Partners
1. Develop national specifications for water- efficient products and programs through an open, public process.
2. Increase awareness of the WaterSense brand by distributing key messages on the benefits of labeled products and
programs, and the importance of water efficiency.
3. Provide current EPA WaterSense program news, information, and reference documents (via the program website,
WaterSense Helpline, e -mail, or other means), including a listing of labeled products and programs on the website.
4. Provide WaterSense partners with public recognition for their involvement in the program and role in protecting
the environment through online listing of partners, special awards, publications, and other efforts.
5. Respond swiftly to partner requests for information or clarification on EPA WaterSense program policies.
6. Provide materials, templates, and program marks for promotional use, consistent with the WaterSense Program
Guidelines.
7. Review pre -press promotional items, draft websites, packaging, or other materials that use the WaterSense marks
upon request.
EPA Form Number 6100 -06
J�?
Section 1V: General Terms and Disclaimers
1. The partner will not construe, claim, or imply that its participation in the EPA WaterSense program constitutes fed-
eral government (EPA) approval, acceptance, or endorsement of anything other than the partner's commitment to
the program.
2. Nothing in this agreement, in and of itself, obligates the EPA to expend appropriations or to enter into any con-
tract, assistance agreement, interagency agreement, or incur other financial obligations that would be inconsistent
with Agency budget priorities. The partner agrees not to submit a claim for compensation for services rendered to
EPA or any Federal Agency in connection with any activities it carries out in furtherance of this agreement.
3. The partner and the EPA WaterSense program will assume good faith as a general principle for resolving conflict
and will seek to resolve all matters informally, so as to preserve maximum public confidence in the program.
4. Failure to comply with any of the terms of this partnership agreement can result in its termination and cessation of
access to the benefits of the program, including use of the program marks.
S. The EPA WaterSense program will actively pursue resolution of noncompliance related to the use of the program marks.
6. Both parties concur that this agreement is wholly voluntary and may be terminated by either party at any time, and
for any reason, with no penalty. Termination will begin effective immediately upon written notice to or from the EPA
WaterSense program. Upon termination of this agreement, partners agree to remove program marks in a timely
manner, consistent with the WaterSense program mark guidelines.
To be completed by partner
Authorized Partner Representative) (printed name):
Title: E -mail:
Signature: Date:
Organization Name: Number of employees:
Organization Type (choose one): ❑ Nongovernmental Organization ❑ Utility ❑ Local Government
❑ State Government ❑ Trade Association ❑ Home Builders Association
Industry /SIC /NAICS code: Population servedz:
Primary Contact: Dr. /Mr. /Mrs. /Ms.
Title: Dept.:
E -mail:
Address: City /State /ZIP:
Water District, if applicable: Website:
Telephone: Alternate Telephone:
How did you find out about this program? ❑ Website ❑ Referral, Name:
❑ Periodical: ❑ Workshop, Sponsor:
❑ Mailing: ❑ EPA Region: ❑ Other:
To be completed by EPA
Authorized EPA Representative (printed name): Sheila E. Frace
Title: Director, Municipal Support Division E -mail: watersense @epa.gov
Signature: Date:
I The authorized partner representative should be a person in the organization with signing authority (e.g., vice president).
z Please indicate the total residential population served rather than the number of hookups.
EPA Form Number 6100 -06
59
Submit the Partnership Agi-eemeiit (rewriteable PDF) to WaterSense via:
Fax: (703) 841 -1440
Mail: WaterSense, c/o ERG, 2300 Wilson Blvd, Suite 350, Arlington, VA 22201
Electronically: If you have Adobe Acrobat, you can complete the form electronically and e -mail it to: watersense @epa.gov.
Please contact the WaterSense Helpline at (866) WTR -SENSE (987 -7367) if you have any questions about eligibility,
partnership, or for general program inquiries.
After signing, EPA will send partners an executed copy of this agreement.
The public reporting and record keeping burden for this collection of information is estimated to average 8 hours per response. Send comments on the Agency's need
for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of auto-
mated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C.
20460. Include the OMB control number in any correspondence. Do not send the completed Partnership Agreement to this address.
EPA Form Number 6100 -06
n0
Agenda Information Memo
June 11, 2013
VI. 2014 GENERAL FUND BUDGET UPDATE
ACTION TO BE CONSIDERED:
This is an informational item and no specific action is required.
FACTS:
In late April, staff began the 2014 budget process. Department Directors are currently
preparing 2014 budget proposals for the various divisions and departments. The General
Fund, Civic Arena, and E -TV budget proposals are to be submitted to the City
Administrator by June 14, 2013.
• The City Administrator's recommended budget is scheduled to be presented to the City
Council for formal and detailed review at the August 13, 2013 Special City Council
meeting.
• As a starting point, Directors have been instructed to prepare status quo budgets with
increases only for inflation, excluding personnel adjustments. In the personnel section,
the preliminary budgets prepared at the department level will include step adjustments
and health insurance increases. The preliminary budgets will be revised at a later date
with updated salary information when all contracts are settled and additional information
becomes available.
• Staff is approaching the budget preparation with the City Council's ongoing goal of
"maintaining the City's long - standing, fiscally- prudent and responsive budgeting
approach while pursuing fiscal independence and self - reliance in long -term budgeting ".
• The preliminary budget presented to the City Council in August will reflect the levy
limits implemented by the State during the 2013 Legislative Session, which go into effect
January 2014. Likewise, the budget will reflect the new sales tax exemption law for local
governments effective January 2014.
• Capital budgets, including the Part II (Vehicles and Equipment) CIP and General
Facilities Renewal & Replacement are also being prepared at this time and are due on
June 14.
no
The other Enterprise Fund operating budgets including Water, Sanitary Sewer, Storm
Drainage, Water Quality, Street Lighting, Community Center, AccessEagan, and Cascade
Bay are due to the budget team on August 31.
• This budget cycle continues the process of enhancing the budget to become a better and
more comprehensive planning, policy, and communications tool through
recommendations of the Government Finance Officers' Association.
ATTACHMENTS:
• Enclosed on page (p3 is a copy of the 2014 Budget Calendar.
�1�
Budget Calendar
April 24 Kickoff meeting
April 27 Budget documents distributed to departments
June 12 Brief budget process update to Council at Special CC meeting
June 15 Deadline applies to General Fund departments, Civic Arena, and E -TV:
Four (4) paper copies of entire operating /capital budget submission due:
one each to Tom Hedges, Gene VanOverbeke, Tom Pepper, and Dianne
Miller. Electronic version of all documents to Tom Pepper:
• Operating budget
a) Five -sheet Excel workbook
b) Overview /Highlights /Changes Word document
c) The usual supporting forms (seasonal /OT, travel, capital, etc.)
d) Departmental revenue projections
e) Additional supporting documentation as necessary
• Capital equipment budget (Part II CIP — Vehicles & Equipment)
a) Summary of 5 -year (2013 -2017) plan
b) Capital outlay justification sheet for each 2013 item
• Facility Renewal & Replacement proposals
a) Summary of 5 -year (2013 -2017) plan — don't include in operating
budget
b) Capital outlay justification sheet for each 2013 item
Weeks of June 18 Budget team meets with Departments to review requests;
and June 25 Finance prepares preliminary revenue estimates
August 16 (Thurs) City Administrator's recommended General Fund budget presented to
Council at special meeting. City Council reviews /approves Civic Arena
budget.
August 31 Deadline applies to Utilities, Cascade Bay, ECC and ECVB:
Same documentation as listed under June 15 date.
September 4 City Council approves preliminary levy at regular meeting
September 15 Preliminary levy certified to County
October 23 (tentative) City Administrator's Enterprise Funds and ECVB budgets presented
December 4 Truth -in- Taxation hearing
December 18 Final 2013 budget and levy adopted by Council
Note: Council may elect to conduct budget open house(s) sometime in the fall.
(0�)