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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." Administered by the Minnesota Department of Commerce, Division of Energy Resources ANEW, powvueu r;y Made possible through a U.S. Department of Energy SunShot Initiative Rooftop Solar Challenge grant if ;; u f Shot U. S. Denanmcnif of E:rvrcgy M Minnesota �. Solar Challenge 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). Administered by the Minnesota Department of Commerce, Division of Energy Resources Vov emd by Madepossible through a U.S. Department ofEner&v SunShot Initiative Rooftop Solar Challenge grant ; „ a ,Shot U.5. t)puartmenf of Fnergy 00 Minnesota Solar Challenge 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. Administered by the Minnesota Department of Commerce, Division of Energy Resources Made possible through a U.S. Department of Energy SunShot Initiative Rooftop Solar Challenge grant ak (:30yvP.rCfi (i� Shot US. Department of Energy Minnesota o Solar Challenge NFU_ 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). Administered by the Minnesota Department of Commerce, Division of Energy Resources roweled t,j Made possible through a U.S. Department of Energy SunShot Initiative Rooftop Solar Challenge grant , - ; S u n Short U.5. t ?.. ^}S.trYrnP nt of Fnergy IVtinnesota NWW Solar Challenge 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. Administered by the Minnesota Department of Commerce, Division of Ener,TV Resources Made possible through a U.S. Department of Energy SunShot Initiative Rooftop Solar Challenge grant M11 N Pow *mj by S u n S h o t U.S. Uerjartrrnenf of Energy 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. 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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�)