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02/11/2014 - City Council SpecialSPECIAL CITY COUNCIL MEETING TUESDAY FEBRUARY 11, 2014 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD cq III. OLD TOWN HALL CONSIDERATIONS 10 IV. SPERRY WATER TOWER DISCUSSION V. LOW MAINTENANCE LANDSCAPING RECOMMENDATIONS OF THE ENERGY AND ENVIRONMENT COMMISSION VI. FINDINGS OF THE CABLE NEEDS ASSESSMENT & NEXT STEPS VII. OTHER BUSINESS VIII. ADJOURNMENT Agenda Information Memo February 11, 2014 Special City Council Meeting III. OLD TOWN HALL CONSIDERATIONS DIRECTION TO BE CONSIDERED: To provide direction on next steps and /or additional information needed to make a decision on how best to move forward with the future of Old Town Hall. Background • Old Town Hall was constructed in 1914. It served as Eagan's meeting space until 1965. In the late 1980s and early 1990s, the structure was refurbished. Since that time, it has served as a museum and storage facility maintained by the City and run primarily by the Eagan Historical Society. • On September 8, 2013, an arsonist set fire to the Old Town Hall building, causing substantial damage to the structure and contents. The roof trusses, south and west walls, flooring and contents were heavily damaged. The entire interior of the building suffered smoke and water damage. • Per the direction of the Council, the structure has been winterized (i.e. "shrink wrapped ") to preserve the structure through the winter. • The building and contents are insured by the League of Minnesota Cities Insurance Trust (LMCIT) for $85,915. This is the total coverage available to restore the building and its contents. To date, approximately $10,000 of that coverage has been spent to restore the building contents and winterize the structure. Thus, approximately $76,000 remains in unspent coverage for the building and contents. • The City has a $25,000 per occurrence deductible. If the Council chooses to rebuild the structure in some fashion, the City must first incur $25,000 in costs before the LMCIT pays up to $85,915 for the remainder of the rebuilding costs. If the City decides not to rebuild the structure, the LMCIT would pay the City $85,915 for its loss. Finance Committee Recommendations • The Council's Finance Committee reviewed several options at a meeting on October 28, 2013. Per the committee recommendation, and the Council's concurrence, the following recommendations have been explored further: Add an addition to City Hall or the Eagan Community Center to create new historical display and storage space. a. Consider a compartmentalized addition /renovation to serve as a history museum (space to have historic feel, but take advantage of modern amenities such as parking, bathrooms, HVAC, etc.). b. Consider using the existing front fapade of Old Town Hall in the new space. 2. Build a new, similarly sized structure somewhere on the municipal campus. c�� a. The consensus was new materials would be used, perhaps incorporating some salvaged materials from Old Town Hall into the new structure. 3. Move history display /storage to space within an existing City building (City Hall or ECC), without any modifications to the building footprint. 4. Explore broader partnerships for creation of new historical display space. a. Communicate with Dakota County about the use of the library for such space. b. Inquire with Dakota County Historical Society about their current space needs analysis and whether they have interest in historical display space in Eagan that could incorporate the history of Eagan and the County as a whole. c. Consider partnerships with local businesses to focus new space not only on City history, but the history of local businesses as well (e.g. Thomson Reuters, Delta, Lockheed Martin, BCBS, etc.) Cost Estimates • An estimate to rebuild the structure using only new materials is $131,000, which is higher than the LMCIT coverage limit. Any efforts to reuse salvageable parts of the structure would be an additional cost, as would any site work or upgrades to meet building code (e.g. sprinklers, restrooms, etc.). • Rebuilding the structure with materials of the same vintage as the Old Town Hall is estimated to be two to three times higher than the $130,000 estimate. The cost to renovate an existing space within a City building will vary depending on the scope of the renovation. Because Old Town Hall also functioned as a storage space, this option would necessitate carving out a storage area for the Historical Society in a City facility. Costs would be incurred to retrofit an area with storage and workspace equipment. Additionally, as a point of comparison, the history wall and mounted photographs installed at the Fire Safety Center cost approximately $25,000. The historical display area was created in -house with materials already owned by the City. Follow Up Research and Efforts • In following Council's direction that input from the Eagan Historical Society is of utmost importance, the Historical Society responded by providing their priorities in how best to replace Old Town Hall. Those detailed priorities are enclosed. Some members of the Historical Society may be present on the 11th to observe the Council's discussion. In follow up to the Finance Committee's recommendations, the following meetings have occurred: • Staff met with Lynn Gruber, Executive Director of the Dakota County Historical Society, who expressed interest in the County's Historical Society having a greater presence in Eagan, albeit no decision has been made as to how that presence could be increased. • A meeting was held with Bob Herskovitz and David Grabitske of the Minnesota Historical Society, who will be present at the February 11 Council meeting. Their recommendations and observations are enclosed. • Discussions are continuing with Dakota County Library about potential, future partnership opportunities. 3 o Staff met with several architects who live in the City of Eagan to gain their insight on options the Council could consider in rebuilding Old Town Hall. The three architects present all expressed the importance of Old Town Hall to the community and suggested rebuilding the structure in some capacity and relocating it onto the municipal center campus to improve security and ensure the new structure is prominently displayed and accessible to the public. They recommended the City seek feedback from the community in the form of a community charrette. • Based on feedback from the Eagan Historical Society, partner groups, and the architects, there seems to be consensus that relocating Old Town Hall to the Community Center campus would not be recommended. Rather, feedback has been offered that the municipal center campus would be best suited as a location for Old Town Hall to be rebuilt. The Council is asked to discuss the appropriate next steps with regard to Old Town Hall. Should there be a desire for formal community input, the Council may wish to consider seeking proposals from trained architects who could: 1.) Assist the City in developing several options along a continuum of feasibility /scale for consideration; 2.) Prepare preliminary sketches and costs for the various options; and, 3.) Coordinate a community charrette to vet ideas and seek feedback from stakeholders within the community. Attachments: • The meeting notes of the October 28, 2013 Finance Committee are enclosed on pages 6 to • The recommendations of the Eagan Historical Society are enclosed on page 9 • The recommendations and observations of the MN Historical Society are enclosed on pages 5 and Ot FINANCE COMMITTEE MEETING NOTES MONDAY, OCTOBER 28, 2013 12:40 P.M. EAGAN ROOM Committee Members Present: Mayor Maguire and Councilmember Bakken Staff Present: City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, City Clerk/Admin Services Coordinator Scipioni, and Communications Coordinator Foote. REVIEW POTENTIAL OPTIONS FOR FIRE- DAMAGED OLD TOWN HALL In addition to recommending that Old Town Hall be winterized (shrink wrapped), the committee recommended staff further explore the following options: 1. Add an addition to City Hall or the Eagan Community Center to create new historical display and storage space. a. Consider a compartmentalized addition/renovation to serve as a history museum (space to have historic feel, but take advantage of modern amenities such as parking, bathrooms, HVAC, etc.). b. Consider using the existing front fagade of Old Town Hall in the new space. 2. Build a new, similarly sized structure somewhere on the municipal campus. a. The consensus was new materials would be used, perhaps incorporating some salvaged materials from Old Town Hall into the new structure. 3. Move history display /storage to space within an existing City building (City Hall or ECC), without any modifications to the building footprint. 4. Explore broader partnerships for creation of new historical display space. a. Communicate with Dakota County about the use of the library for such space. b. Inquire with Dakota County Historical Society about their current space needs analysis and whether they have interest in historical display space in Eagan that could incorporate the history of Eagan and the County as a whole. c. Consider partnerships with local businesses to focus new space not only on City history, but the history of local businesses as well (e.g. Thomson Reuters, Delta, Lockheed Martin, BCBS, etc.) The Committee agreed that an update would be provided to the Council to ensure they agree with the committee's recommended next steps. Pending Council concurrence, staff is to further research the options recommended by the committee and bring a summary of the options to a 5 future Council workshop. The Committee requested Communications Coordinator Foote seek input from the Historical Society on their priorities, goals, etc. for the new space being envisioned. The committee asked staff to report back on the discussion of the Historical Society at the future workshop. It was also requested that a historian (e.g. MN Historical Society staff) attend the Council workshop. Lastly, it was suggested that one or two local architects be contacted to seek their feedback and suggestions on options the City may wish to consider when rebuilding a new historical display space. 0 Friday, December 6, 2013 Meeting Eagan Historical Society Priorities for Discussions Regarding 1914 Town Hall Museum The Eagan Historical Society members have a strong desire to preserve as much of the 1914 Town Hall fagade, and salvageable items within, as is feasible. They greatly value the building AS history, but fairly quickly focused on the benefits another site would afford that the present site likely cannot. In envisioning a new location, they have outlined priorities which focus on a plan they deem most serviceable and feasible for the functions that have been lost, and which incorporate existing functions currently scattered at several sites. They have envisioned a space with high visibility, similar to the current museum location, but with better access for the community and a destination of regular activity. They also hope to create a space with better workflow and functionality than was allowed at the 1914 Town Hall and City Hall basement office (and random presentation spaces). They have attempted to focus on near to mid -range sustainable needs, which will not require full -time staffing, and a plan that will not be deemed over - reaching. Priorities Include: ➢ Highly Visible Location Central to Ongoing Community Activity Preferred due to staffing access • Municipal Center Campus • Community Center /Central Park Alternate location for consideration • Cedar Grove /Outlet Center area ➢ Secure Location with blend of History and modern facilities • Fagade or facsimile of 1914 Town Hall utilized as entry or internal feature display • Secure location and materials /Security system • HVAC and Humidity /Climate control • Fire suppression system appropriate for historic materials • Restroom facilities • Minimum 25/30 parking spaces (shared or dedicated depending on chosen site) • Connected to internet service ➢ Single Site for Historical Society Functions that Incorporates the 1914 Town Hall Facade & Features • Configurable display area ■ If fagade /features becomes entryway, approximately 2,000 s.f. display area ■ If fagade /features are placed internal to display area, approximately 2,500 s.f. • Lockable Modern Office /Workroom Space (separate from display area) • Meeting /Reference /Class room • Storage and file space ■J MN Historical Society Observations and Recommendations — February 4, 2014 Disaster Response and Recovery • Swift action following the arson fire has resulted in preserving evidence of Eagan's amazing story for future generations. Time is always of the essence following a disaster, and Eagan's response is truly noteworthy and greatly appreciated. • Eagan's collective response seems to be among the more thoughtful, deliberative, and intentional that MNHS has observed in 20 years. Well done, and please stay the course. • The expressed desire to engage the public is outstanding. The public should be at the center of decisions about facilities to preserve and make accessible history. A Charrette process is a good format to involve the public and garner quality feedback. • The collaboration between Eagan Historical Society and City and between the Eagan Historical Society and Dakota County Historical Society is commendable and appropriate. Well done. Purpose of history organizations • Future oriented: Minnesota Historical Society was created about 230 days following the creation of the territory. Local history organizations established since share that future orientation: we preserve today for tomorrow. • Use the Power of History to Transform Lives: many history organizations were created in the 1920s and 1930s to help veterans access military service benefits. In 2010, Wadena County Historical Society used an oral history project to help residents heal from trauma sustained when an EF -5 tornado damaged a quarter of the City of Wadena. History organizations are to use history and their history skills to improve lives. • This approach has been validated by the American Association for State and Local History, which has given 10% of all national awards to organizations in Minnesota for their history work. History Museum Facilities • A tool to preserve history. Facilities are not the sum total of what a history organization is. Organizations are defined by how well they live the above purpose. • Reused facility. Buildings are built for a purpose. Not all facilities are appropriate to use as museums. Better, a reused facility might better be a historic site. Historic sites and museums have different functions. • Purpose built facility. This is the ideal for preserving history as the facility can best control for deterioration from light, water, pests, etc. Please see, Building Museums: a handbook for small and midsize organizations (MNHS Press, 2012). Grants from the Minnesota Historical Society • City and 501 c3 organizations are eligible. I • Strongest consideration given to buildings listed in the NRHP. Please seek the counsel of Denis Gardner, National Register Historian. • History is best when it is left where you found it. • Buildings not on the NRHP still eligible for museum environments: HVAC, security, lighting, ADA restrooms, storage, etc. • The possibility of obtaining grants may be enhanced through efforts that involve public input and formal planning processes. • Grant funding is not available for all types of projects and may be limited or unavailable based on MNHS funding cycles. Recommendations: • Eagan has installed a series of historical markers and will continue this work, separately from the 1914 Town Hall discussion. Continue work on Eagan historic sites system with 1914 Town Hall and Holz Farm as two locations within a broader plan. • Consider a facility for the Eagan Historical Society that can be a tool to better preserve 2014 and succeeding years. Minnesota Historical Society for example is in a purpose built museum facility and yet operates historic sites across the state (31 of them). • Consider creating a 501c3 for the Eagan Historical Society as a fundraising arm to offset City expenses. This is very normal across the state. Of the 120 cities that contribute money to a history organization, the average appropriation is $5,700. The average budget of city history organizations is just over $50,000 — as you can see fundraising and earned revenue play a large role in the success of such organizations. • Be sure to apply for scholarships to send two Eagan Historical Society and /or city employees to the AASLH conference while it is here September 17 -20, 2014 in St. Paul. See the grants guidelines for more details. • As long as AASLH is in town, be sure to seek out Stevan Layne, the nation's foremost expert in museum security, to come visit your history facilities while he is in town for AASLH in September. He has reviewed all of the MNHS facilities and has been greatly helpful to us. Manaaer, Outreach Services 1651-259-3460 Minnesota Historical Society; 3.15 Kellogg Blvd W., Saint Paul, MN 55102 Minnesota Local History on Faceboolc Minnesota Historical & Cultural Heritage Grants on Facebook Minnesota Historical & Cultural Heritage Grants Guidelines 0 Agenda Information Memo February 11, 2014 Special City Council Workshop IV. SPERRY TOWER RESERVOIR DIRECTION FOR CONSIDERATION: Upon review of public input, provide direction to Staff for advancing the disposition of the Sperry Tower Reservoir and accommodation of existing and future telecommunications facilities /antennas. FACTS: • On May 14, 2013, after reviewing options for the disposition of the Sperry Tower Reservoir, the City Council requested that staff look into additional alternative uses of the tower and provide an update at a future Council meeting. The Council also suggested getting public input or feedback. • On June 4, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2014 -2018) and authorized the initiation of the public improvement process for the 2014 programmed improvements. The resolution of the Sperry Tower was scheduled for 2014 as part of this CIP. • The Sperry Tower Reservoir located at 1420 Towerview Road is a 500,000 gallon hydro pillar tank that was built in 1967. It was the first reservoir built by the City. The reservoir has not been connected to the water system since September 2009 due to a lack of need. • The most recent update of the Water Supply and Distribution Plan (July 2008) indicated only a marginal need for the Sperry Tower for future water supply or pressure requirements. The small size of the tank and its close proximity to the North Water Treatment Plant does not provide any significant advantage to its service area. • The tower was last rehabilitated in 1987. The current coating is 26 years old and has exceeded its expected life. A typical coating life is 20 to 25 years. The cost estimate for the needed painting is $510,000. In addition to removal of the current surface coating and repainting, some structural repair and modifications are required to comply with current regulations and standards. The cost of the containment of hazardous paint and additional structural repairs or modifications would be an additional $100,000. Work needs to be performed in the next 3 to 5 years to maintain the tower's structural integrity. • The water tower structure is 146 feet tall and acts as an antenna base, generating revenue for the City. The following entities have antennas on the Sperry Tower. Lease tenants: T- Mobile, Sprint/Nextel, Verizon, Clearwire, TTM, CellNet. Dakota County (DCC 800 MHz radio communication) and City of Eagan (Public Works 2 -way UHF radio communication and VHF Fire paging system) do not pay rent. Annual antenna revenue: $138,498 (2012), $146,805 (2013), $155,613 (Estimated 2014). • When water towers are refurbished, additional costs are involved for cell phone carriers to remove equipment and temporarily place it on a temporary tower or Cell On Wheels (COW). Once the work has been completed the carriers have to reinstall their equipment and the tower is re- inspected, adding costs to the cell phone carriers. • World -class communications, such as broadband, are central to Eagan's economic development and quality of life. As more residential and business location decisions are being made based on availability of quality telecommunications, it is important to be proactive in maintaining and expanding this essential infrastructure. • City staff has received communication about the future of the water tower from Dakota County and the Technology Working Group. Both parties strongly support the enhancement of the current telecommunications capabilities at the site of the existing tower. 10 Agenda Information Memo February 11, 2014 Special City Council Workshop IV. SPERRY TOWER RESERVOIR (continued) • City staff created an on -line survey to solicit public input. Survey results in January and February, 2014, indicated strong support from respondents for replacing the water tower with an attractive communications tower. 76% of survey respondents indicated keeping the water tower was not important to somewhat not important (59% said not important). Nearly 100% said maintaining or improving cell phone coverage was important. A large majority of the responses suggested making a replacement tower as attractive as possible and have it blend into the background. • Public Works Director Matthys can address specifics related to the various options outlined below and Communications Director Garrison will provide an overview of the public feedback gained from an online survey regarding the tower's future. CONSIDERATIONS (STRUCTURE OPTIONS): • Keep the existing structure as is ➢ Rehabilitation Cost — $510,000 to $610,000 (depending on new standards & use) ➢ Annual Cost — $34,000 maintenance per year ➢ Site continues to generate antenna revenue for the City ➢ Reservoir stays "off- line" (no purpose for the water distribution system) Refurbish the existing structure as a pumped hydro battery ➢ Rehabilitation Cost — $610,000 + hydroelectric power generation equipment costs ➢ Annual Costs — $34,000 tower maintenance + pump operation + electrical equipment maintenance ➢ Minimal revenue generation from electricity sales ➢ Site continues to generate antenna revenue for the City Reservoir stays "off- line" (no purpose for the water distribution system) Refurbish the existing structure as a residential dwelling ➢ Rehabilitation Cost — $610,000 + $500,000 (elevator) + $150,000+ (depending on interior design) ➢ Annual Costs — $34,000 tower maintenance + utilities /HVAC + insurance ➢ Site continues to generate antenna revenue for the City Replace the existing structure ➢ Demolition — cost $40,000 to $60,000 ➢ Build anew communications structure —estimated cost of $100,000 to $300,000 depending on aesthetics ➢ Annual maintenance — cost $0 to indeterminate (depending on use) ➢ Financing option through cell phone carriers ➢ Site continues to generate antenna revenue for the City Permanently remove the existing structure ➢ Demolition — cost $40,000 to $60,000 ➢ Eliminate a source of revenue ➢ Available City property (to use or sell) ATTACHMENTS: • Sperry Tower Decommissioning Memo, page • Dakota County Letter, pages 2) and . • Presentation Slides, pages t,5 through. 0 0 Engineering ■ Planning ■ Environmental ■ Construction Memorandum To: Jon Eaton Superintendent of Utilities Department of Public Works 3419 Coachman Point Eagan, MN 55122 From: Nancy Zeigler, PE WSB & Associates, Inc. Date: January 11, 2012 Re: Sperry Tower Decommissioning City of Eagan, MN WSB Project No. 1809 -020 BACKGROUND 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 - 541 -4800 Fax: 763 - 541 -1700 Historically, Sperry Tower has shown fewer than expected fluctuations in water level which has influenced the City of Eagan to remove the tower from service. The City of Eagan has requested that WSB update and utilize the city's WaterCAD Model to confirm adequate performance exists in the distribution system during peak hour demands with the Sperry Tower permanently decommissioned. EVALUATION The City's water model was updated and used to evaluate the system's ability to provide water at adequate domestic pressures and fire flow rates. Adequate pressure standards are based on Department of Health (MDH) and 10 -State Standards water system domestic pressure standards. Fire flow standards are based on International Building Code (IBC) standards and Minnesota State Building Code, which are 1,000 gallons per minute (gpm) for residential areas and 3,000 gpm for iron- residential areas. Modeling results indicated the following: • The model indicated that the removal of Sperry Tower was acceptable in terms of pressure and available fire flow. • The resulting available fire flow to the region surrounding Sperry Tower ranged from approximately 1,350 to over 5,000 gpm. • Upon removal of Sperry Tower, the model indicated a maximum change in pressure of 3 psi and maximum change in available fire flow of 120 gpm. Based on our modeling results, the water distribution system is expected to perform adequately under peak hour demands with the Sperry Tower out of service. The results with and without the Sperry Tower are essentially the same given a relatively minimal change of 3 psi and 120 gpm. Therefore, we recommend that the City either continue operations with the tower off line or permanently decommission the tower. K: 101809- 010bIr1nri,,OoceNfGdO -JE 170N- 010913-Sperry 7b-r Decwnmis I-Mgd- , C O U N T Y August 29, 2013 Risk Management And Homeland Security Jon Eaton Dakota County up Su erintendent of Utilities Administration Center S 1590 Hwy; 55 y of Eagan Hastings, MN 55033- 3419 Coachman Point 2327 - Eagan, MN 55122 651.438.4532 Fax: 651.438.8455 Dear Mr. Eaton: www.co.dakota,mn.us I am following up on our phone conversation from several weeks ago regarding the pending decision by the Eagan; City Council to repair or replace the "Sperry" water tank. As you are aware, the water tank is one of ten sites used by Dakota County for the operation of the 800 MHz public safety radio system and fire service paging. These-public safety communications systems are much more dependent on each location in order to provide the expected level of coverage for the first responder community. The loss, for example, of the Sperry site has a much greater impact when compared to the impact on a cellular carrier when one flower is down given the denser installation of cell towers across the county. Dakota County would like work with the City of Eagan to the extent practical to minimize the impact to the systems users during any maintenance of,the water tank or its replacement. The centralized, location of the Sperry site in the'City of Eagan will result in primary impacts to public safety communications within your city. The downtime could be as little as two to three days to as much as two to three weeks depending on the approach that can be implemented for migration of the equipment. If the City proceeds.with the replacement of the water tank with a communications tower there are three factors which will be of primary importance. The first is the location of the new tower within a footprint that allows for the maintenance of the microwave path that connects the existing radio site with the rest of the Dakota County system. I have attached a drawing that was prepared by the "County's radio consultant that shows the general footprint for anew tower (see page 2) that would be needed to maintain microwave path connectivity, The second factor is the final height of the communications tower. Maintaining at least the current height for the installation of the radio system equipment is necessary to assure that the pattern of radio coverage is maintained. In fact, if possible an additional 20 -25 feet of height for installation of the County equipment could- enhance the coverage provided from this location. The County would be interested in working with the City to determine if this would be possible in order to optimize the coverage provided across your community. N Lastly, the cost impacts of the potential move from the tank to a new communications tower are not inconsequential. The County's radio consultant has estimated the costs at this point to be between $50,000 and $200,000: These numbers will be able to be refined once the actual scope of the project is.better defined. The funding for capital costs for.th� operation of the radio system are derived from property revenues so any decisions that can be made to minimize this impact are greatly appreciated. Please contact me if you have any questions at 651- 438 -4532. 1 would be happy to discuss them with you and would make myself available for any City meetings or workshops where the County's input would be valuable in your decision making process. B.J. 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L to cu W a) a) a) � L O O p O c CL � J a) a) Y L O (6 a) O) U 0 a) � O (0 E U L a) O U C > a) ►-• > la) (A C 0-0 O ■ (0 O N +- > a OU .E 3i o " U j ° N O "a L � O C a) U U-a 2 o � o ai a�ia)� _n Co U ti3 -O N i 7 i O cu O E >+ U) T d +� M -C a) 'O N (6 Q C p > U L 1 ca cu a) 4- a) a) 1-+ c ca Q LE 4- x Qi a) c 0 ~ a) Y rt-+ 1 Co Q °? � a) C: o 3 Y o c o a) a) N V Y () L a) 41 C O O ?� ca Y O a) O ` M C � a) m � W O c ,O nL, W U) ii C/) O 0 c O QL C/) O O m `.M) Cl) 0 W -C �-j O c O W -I--r 0 cn W U � CCS O 0 .E C� E 0 -cn C: C: � O O -0 O O 0 cn cn W �C: 0 3 O L O 4-j > c: 42 ._ Ca O = > N L- cn O O i 4— O N E O (n C: (n CIO c O o co c W W C: ch O O 0- N a� co EW Q -> O t U l' ) ^i` M O cn 42 -0 (� a) = � O � � O O c: U) O O •- O .— O cu 0- U CU (n W O .�+ E cn E N O L.L � O 0 O U CC5 O O -1-j C: 4--. c� 1 j.. 0 a cd pm:4 YO Agenda Memo City Council Workshop February 11, 2014 V. LOW MAINTENANCE LANDSCAPING RECOMMENDATIONS OF THE ENERGY AND ENVIRONMENT COMMISSION ACTION TO BE CONSIDERED: To provide direction to staff, City Attorney and EEAC regarding the establishment of standards to permit Low Maintenance Landscaping on Residential Lots. FACTS: • The Energy and Environment Advisory Commission (EEAC) Landscaping Ordinance Committee consists of Amir Nadav, Jon Drucker, and Mike Wisniewski. The Committee has performed research and has participated in meetings with City Staff and the City Attorney regarding the potential to expand the type and extent of vegetation other than turf grass may be allowed in residential yards in addition to what is currently permitted in the City Code. • At its meeting on October 8, 2013, the EEAC reviewed the Subcommittee findings and made a recommendation to the City Council regarding low maintenance yards. A copy of the recommendation, along with supporting information, is included the attachments. At the Council's direction to present Commission recommendations in a high level and succinct way, staff has worked with the Commission to define some overarching questions for consideration by the Council. Those are included in the Commission recommendation and in the Issues section below. • In the context of the questions, staff has prepared comments on the policy questions that are also included in the attachments. POLICY ISSUES: • What are the city of Eagan's goals with respect to landscaping and maintenance of vegetation in residential areas and on the adjacent public right -of -way? • To what extent should Eagan residents be allowed to plant vegetation or establish ground cover other than turf grass on their yards? Percentage of Area of Non -Turf Plantings - The City Code currently limits the percentage of a yard that can be made up of non -turf grass plantings to 50% of a yard. Is the Council open to other types of plantings and ground covers to make up more than 50% of a yard or all of a yard? Is the Council open to other types of plantings and ground covers to make up a greater percentage of the front yard? (Note: Public rights of way are discussed separately below.) • Plant Material Heights — The City Code currently requires grass over 8" in height to be mowed as part of the maintenance of a yard. By definition, many of the plants that in lower maintenance yards naturally grow higher than that. Ts the City Council open to plant heights N greater than 8" for certain yard materials, provided they are properly maintained and do not interfere with sight lines or create other nuisances? • Materials Permitted at Property Boundaries — The City Code currently provides for maintenance of three feet of turf grass along property boundaries to preserve a "transition zone" between plant communities. Is the Council open to permitting other materials such as stone, woodchips or other mulch within this three foot transition zone? • Code Amendment Construction — The City Council and staff typically defers to the City Attorney in terms of Code construction and the internal consistency of various sections and subsections of the Code when Ordinance amendments are drafted. Does the Council want to follow the practice of deferring to the City Attorney matters of Code construction and consistency in this case? • To what extent should permitting processes be applied to landscaping projects? Are clarifications or modifications to existing permitting processes appropriate? • Small Garden Fences /Garden Edging —Does the Council want staff to create a list of improvements that may or may not require a zoning permit or use the current system in which staff reviews proposed improvements to determine whether permit requirements apply? Raised Beds — Does the City Council want to exclude raised beds from the zoning permit process? Public Rights of Way — Does the City Council want to permit additional types of plant materials and ground covers in the public right of way? Does the City Council want to continue to use the right of way permit process to manage materials and improvements placed in the right of way? ATTACHMENTS: EEAC recommended policy questions and findings on pages D through_ EEAC examples of yards landscaped with materials other than turf grass on pages 41 through 50 Staff memo regarding policy questions on pages 51 through 5b Eagan Energy & Environment Advisory Commission Landscaping Ordinance Committee Recommendations for October 8, 2013 Meeting Proposed overarching questions for discussion with the City Council: 1.. What are the city of Eagan's goals with respect to landscaping and maintenance of vegetation in residential areas and on the adjacent public right -of -way? 2. To what extent should Eagan residents be allowed to plant vegetation or establish ground cover other than turf grass on their yards? 3. To what extent should permitting processes be applied to landscaping projects? Are clarifications or modifications to existing permitting processes appropriate? W 1. What are the city of Eagan's goals with respect to landscaping and maintenance of vegetation in residential areas and on the adjacent public right -of -way? EEAC Findings: a) The 2011 - 2012 City Council Goals included the following: i. Maintain a broad -based and comprehensive commitment to energy efficiency and environmental sustainability by adopting conservation and alternative energy strategies pursuing the use of local, non - polluting, renewable, and recycled resources, while encouraging residents and businesses to do likewise. b) The purpose section of Code 10.21 "Planting and maintenance of trees and grass on private property" states: i. 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 conditions within the city. 2. To what extent should Eagan residents be allowed to plant vegetation or establish ground cover other than turf grass on their yards? EEAC Findings: a) Current city code addresses meadows, woodland, turf grass, and noxious weeds. It is mostly silent on edible vegetation, native grasses and forbs, ornamental plants, rain gardens, and ground covers such mulch, gravel, or ornamental rocks. b) According to University of Minnesota Extension, traditional turf lawns require 1 to 1.5 inches or water per week during the summer months. [1] For a 4,000 sq. ft. lawn, that could amount to 44,000 gallons of water per summer. A quarter of an acre is equivalent to 10,890 square feet. c) A DNR test well shows that the average water level of Eagan's aquifer has declined approximately 35ft over a 35 year period. [2] The Metropolitan Council predicts a20-40 foot drawdown of aquifer levels under the city of Eagan by 2030 under business as usual conditions. [3] d) In 2011, Eagan's average daily water use was 13.2 million gallons of water per day in the summer months and 5.8 million gallons of water per day in the winter months. [4] e) Compared to traditional turf grass, native vegetation requires less moisture, fertilizers, and pesticides and places less stress on the public's water resources. [5] f) Landscaping such as rain gardens filter and infiltrate stormwater, thereby protecting surface water from polluted runoff and recharging groundwater resources. [5] 31 g) Gas powered garden tools emit 5% of the nation's air pollution. Forty million lawnmowers consume 200 million gallons of gasoline per year. One gas - powered lawnmower emits 11 times the air pollution of a new car for each hour of operation, [6] h) Minnesota is at risk of non - attainment with National Ambient Air Quality Standards for particulates and ozone. Estimated cost of compliance with federal regulations for nonattainment ranges from $140 - $260 million. [7] 3. To what extent should permitting processes be applied to landscaping projects, particularly the items listed below? Are clarifications or modifications to existing permitting processes appropriate? • Fencing • Raised beds • Landscaping within the Right -of -Way (ROW) EEAC Findings a) ROW and Zoning permits provide educational opportunities to help property owners comply with codes and standards in their initial investments. b) City staff members estimate that as many as 10 -15 % of zoning permit applications submitted include structures or improvements that would have been in violation of setbacks or other regulations if they had been installed as originally proposed. Fences a) A zoning permit is required for residential fences. b) Communication with city staff has indicated that the permit may not be required for small garden fences, although this is not stated on the permit form. Raised Beds • A zoning permit is required for retaining walls less than 4 feet in height. • The permit requires submittal of o Two copies of plans showing how the wall will be constructed, including plan view, cross section and elevation drawings. o Two copies of a site survey drawn to scale indicating the location of the wall on the property, structures on the site, and all easements. • Benefits of raised beds include: [8] • Handicap - accessible gardening • Better drainage than in- ground beds • Longer growing seasons due to warmer soil temperature • Protection of soil and plants from foot traffic compaction • Enabling gardening in challenging areas (e.g. above buried utilities, uneven slope, contaminated soil.) Right -of -Way a) According to the Eagan Citizens Support Center: i, Approximately 12 -13 feet behind the curb is designated City Right -of -Way MTO MAI ii. The Right -of -Way is intended for underground utility installations and winter snow storage and should be kept clear of any item that may be damaged. iii. The City is not responsible for damage to sprinkler systems or other items located in the Right -of -Way, b) A permit is required for planting of trees, shrubs, or installation of landscaping or irrigation systems within the city ROW. c) City code requires the owner of the abutting property to maintain turfgrass or other shrubs and landscaping within the ROW. d) Landscaping within the ROW is fairly common in residential areas in Eagan. City staff estimate that the majority of landscaping within the ROW was established without a permit. e) State law governing excavations that require utility locates does not apply to gardening unless it disturbs the soil to a depth of 12 inches or more; trees or shrubs unless disturbing to a depth of 18 inches or more (Statute 216D.01), f) Examples of materials that other cities allow in the ROW and setbacks: i. Eden Prairie city code states that the right -of -way boulevard is composed of regularly mowed turfgrass, trees, shrubs, wood chips, rock, and /or gravel. It also permits garden beds, in addition to the aforementioned items, in setback areas ii. Edina city code states that the setback areas from streets, side and rear yards, shall be composed of pavement, rock, gravel, wood chips, regularly mowed turfgassses, trees or shrubs. iii. St. Paul city code allows property owners to plant and maintain gardens and flowers in boulevard areas adjacent to their properties. Vegetation is limited to 36" in height or 18" in certain areas. iv. Minneapolis city code states that flowers under 36" (or 18" in certain areas), grass, and certain trees are allowed in the boulevard without a permit. Endnotes [1] "Watering Lawns and other turf," UMN Extension. http: / /wwwl.extension.umn.edu /garden /�ard- garden/lawns/watering-lawns/ [2] Data from DNR Observation well 19030 http: / /climate.uii,in.edu /ground water level /fetch well. php ?obwell =19030 and Metropolitan Council presentation, slide 10 littR:// wwdwr .cleati.energyresoui,ceteams.or srtc5 /default /files /W �ie�C'o�lsezvati.<la�Iool{?oY MetCouncil I.,all�IRoss GreenSte Cities 21 Mav20 l3.pdf [3] "Graphic: A future of water shortages ?" Star Tribune. Feb. 23, 2013. littp://,A,ww,star-ti-ibune.com/iiewsgrapliics/ 192537651.htm1 [4] City of Eagan 2011 Public Works Annual Report frttp / /wvti�c.citwlcitgal7.c inn /nYrgc s /PGt17l�cWtlzks /1 1xg,.Aldt A pelf [5] GreenSteps Landscaping & Maintenance of Vegetation model ordinance flap,; / /www, cr t lining com /„ ,ordiiiai ordiiiaiices/i.at.i.d,,,capii&pdf.' [6] U.S. Environmental Protection Agency, Green Landscaping flap; : / /dv vti��.,e a.- y/ on erc s /nati„yeplarrls /fac;tslzt, htm1, [7] Minnesota's Clean Air Dialogue (2013) Itt f� :Hdocs.google.com/file, /d/OB71xtkzrVP13MFM5ciF9 I c,1 NBY3M /edit- ?rrsi_ shari_n [8] UMN Horticulture litt ://www. extension .urrrti.edu %distribLition /Horticulture /M125-,[_17tiiii and Gardening Matters littL�: / /wwrwr. Tardeningtnzttters.org/ sitesldefau. It / Ides/ G% 27M %20Raised %,2OBed %20I_Rc,tslieet %320'rin %Zo2012. df 1 Subject to Approval A regular meeting of the Eagan Energy and Environment Advisory Commission was held on Tuesday October 8, 2013 at 6:00 p.m. in the City Council Chambers.. Those present were Member Nadav, Member LeClair, Member Bintner, Member Drucker, and Member Wisniewski, Member Ische was absent. Staff present was Amy Grannes, Office Supervisor. APPROVAL OF AGENDA Chair LeClair stated there are no changes to the agenda. Member Bintner moved to approve the agenda as presented, Member Wisniewski seconded with all present members voting in favor. ............__ ........ ................... . APPROVAL OF MEETING MINUTES Member Bintner moved, Member Wisniewski seconded, with all present members voting in favor to approve the minutes of April 9, 2013, as presented. Member Bintner moved, Member Nadav seconded, with all present members voting in favor to approve the minutes of May 14, 2013, as presented. VISITORS TO BE HEARD There were no visitors to be heard. OLD - BUSINESS Member Nadav gave a brief overview of the landscaping ordinance committee's recommendations and questions for the City Council. Member Wisniewski presented photos to the Commission showing examples low maintenance landscaping at various locations in the metro area. After a brief discussion with the Commission, Member Nadav stated the below are the proposed overarching questions for discussion with the City Council: 1. What are the city of Eagan's goals with respect to landscaping and maintenance of vegetation in residential areas and on the adjacent public right -of -way? 2. To what extent should Eagan residents be allowed to plant vegetation or establish ground cover other than turf grass on their yards? 3. To what extent should permitting processes be applied to landscaping projects? Are clarifications or modifications to existing permitting processes appropriate? After further discussion with Commission Members, Member Bintner moved to forward the subcommittees recommendations as presented, Member Drucker seconded, with all present members voting in favor. 40 �� f �,�, ���.��. F � L $ , vi NP c �a i \r, a fie. S ax. s e.. f x a. '\ V `zx y# 7t V f('z �5q 3 d' 4t O O CL C�0 .Q U N i J U Q w w 4 O O C- 4A ca U N C6 J U Q w w z l0 O O 4. tv0 C c� U fB J U Q w w 49 O O C- 0- W -a m U N fB J U Q w w 00 4* O O C- tZ0 .Q ca U N F6 _I U Q w w LAI� ®1 u O O CL CC1,0 .Q m U N fa J U Q w w 0 0 0 a a,o .Q m U N i f6 J U Q w w City of E I TO: MAYOR MAGUIRE AND CITY COUNCILMEMBERS CITY ADMINISTRATOR OSBERG PARKS AND RECREATION DIRECTOR JOHNSON FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR MIKE RIDLEY, CITY PLANNER DATE: FEBRUARY 6, 2014 SUBJECT: EEAC LOW MAINTENANCE TURF RECOMMENDATIONS Staff appreciates the work the EEAC and its Landscaping Ordinance Committee have done to outline their findings, recommendations and policy questions for the Council's consideration. The following are some additional comments and information for consideration in determining answers to those questions and direction in follow up to the answers. 1. What are the city of Eagan's goals with respect to landscaping and maintenance of vegetation in residential areas and on the adjacent public right -of -way? The EEAC findings note that the purpose of the City Code section related to plantings on private property is to promote health, safety and welfare and to prevent and abate hazardous and nuisance conditions in the City. One of the focuses of the ordinance relative to residential yards and public rights of way is to insure that plant material is in place to stabilize soils and prevent erosion onto other private property and onto public property. In the past, the typical yard planting that was used to accomplish that was turf grass, either by sodding or seeding. The City Code permits other plant materials to be planted to some degree for the same purpose, including trees, shrubs, ornamentals and garden plants, but as is typical in suburban communities, mowed turf grass has been the most common plant material in most yards. Increasingly, discussions of purposes other than erosion control have become more common. Specifically, water conservation (better retention of soil water and reduced needs for irrigation) and the reduction of the use of gas powered garden tools are reasons for considering options to mown turf grass where property owners wish to manage their yards in other ways. An important point is that all approaches to planting and plant materials require some level of maintenance to prevent weed or erosion problems. Some require lower levels or different types of maintenance and those may be less polluting or require less water, but all need to be maintained in ways appropriate to their health and function. The 5� Commission's recommendations include photos of well installed and well maintained non -turf plantings and ground covers. It appears that all but one or two would conform to the current City Code. The Commission's recommendations are to expand the types of plant materials that may be permitted in residential yards, in addition to turf grass, and to clarify the means by which that is accomplished through the City Code. It is a policy issue for the City Council to determine the extent to which they want to do that. Provided the addition of other plant materials to yards does not create nuisance conditions or other challenges, City staff sees value in the availability of options. That said, we understand from experience that different property owners have different perspectives as to what is attractive within a neighborhood and what constitutes appropriate maintenance. Broadening the options for yard maintenance from what has been typical in suburban communities (yards that are predominantly mown turf) to a wider variety of options will elicit a range of responses. Several pictures are attached at the end of this memo that represent properties whose location, installation and maintenance of non -turf yards have resulted in complaints from neighbors and required enforcement actions by staff. Modifying the standards for yard materials and maintenance is a policy matter for the City Council, but it is a change of expectations that will be perceived by property owners in different ways. For these reasons, it is important to consider options from the perspective of the City Council's expectations about the community and the proper means of translating those expectations to Code standards. The Council's answers to the EEAC's questions will frame the direction to City staff and the City Attorney for implementation of City Code amendments as may be necessary. 2. To what extent should Eagan residents be allowed to plant vegetation or establish ground cover other than turf grass on their yards? The Commission recommends that plant materials and ground covers in addition to turf grass be specifically identified in the City Code as permitted means of establishing and maintaining a residential yard. Item a) of the Commission's findings note the City Code addresses meadow, woodlands, turf grass and noxious weeds, but it is mostly silent on edible vegetation, native grasses and forbs (flowering plants), ornamental plants, rain gardens and ground covers such as mulch, gravel or ornamental rocks. As a matter of Code construction, this observation is correct because many of the regulations in the past have focused on preventing and abating nuisances (erosion control, noxious weed removal, etc.), understanding other plant materials are permitted, provided they don't create such nuisances. Gardens and planting areas composed of edible and decorative plants, foundation plantings and landscaped areas made up of shrubs and ornamental plants and ground 1Jc), covers and rain gardens are permitted and in place throughout the community. The City has education and promotion resources available for rain gardens and has permitted prairie restoration in a number of locations, at one end of the low maintenance landscape spectrum. To the extent the City Council wants to permit plant materials and ground covers in addition to turf, it is reasonable and consistent with the City's goal for sustainability and conservation. That basic question raises certain additional questions that are noted below. At the expense of getting in the weeds, some of these questions are at a closer level of detail, but they are included because their answers will facilitate the City Attorney's efforts to draft an ordinance amendment in this regard, if it is directed: The City Code currently limits the percentage of a yard that can be made up of non -turf grass plantings to 50% of a yard. Is the Council open to other types of plantings and ground covers to make up more than 50% of a yard or all of a yard? Is the Council open to other types of plantings and ground covers to make up a greater percentage of the front yard? (Note: Public rights of way are discussed separately below.) The City Code currently requires grass over 8" in height to be mowed as part of the maintenance of a yard. By definition, many of the plants that in lower maintenance yards naturally grow higher than that. Is the City Council open to plant heights greater than 8" for certain yard materials, provided they are properly maintained and do not interfere with sight lines or create other nuisances? The City Code currently provides for maintenance of three feet of turf grass along property boundaries to preserve a "transition zone" between plant communities (i.e. between a turf yard and a yard made up of other plant materials. These areas are also frequently drainage and utility easements, such that the City may need to enter them for maintenance or repairs. Is the Council open to permitting other materials such as stone, woodchips or other mulch within this three foot transition zone? • City staff typically defers to the City Attorney in terms of Code construction and the internal consistency of various sections and subsections of the Code when Ordinance amendments are drafted. In the work to date on a draft ordinance that has highlighted the questions above, the City Attorney has advised that certain suggestions by the Commission be addressed in particular ways for this purpose. Does the Council want to follow the practice of deferring to the City Attorney matters of Code construction and consistency in this case? 3. To what extent should permitting processes be applied to landscaping projects? Are clarifications or modifications to existing permitting processes appropriate? Fay The City currently facilitates the installation of built structures in a yard through zoning permits and it regulates the installation of structures and plantings other than turf grass, mail boxes and irrigation systems in the public rights of way through right of way permits. The use of zoning permits has served as much as an education process as a regulatory one, but experience indicates that 10 -15% of the improvements done through the zoning permit process would have been installed in violation of the City Code and could have required a compliance action had the review and approval not occurred. Despite the best efforts of the City's Code Enforcement staff to work with property owners to provide adequate timelines and options for correcting a violation, bringing an in- place, non - compliant improvement into compliance involves cost and effort on the part of the owner and the inconvenience of doing the improvement over in a compliant fashion. The right of way permit process is also an educational one, but there are additional restrictions and limitations because the right of way is also used for public snow storage, placement of public utilities and related infrastructure, access to fire hydrants and the like. At curves and intersections, management of the right of way is important to prevent interference with sight lines and, depending upon the slope behind the curb, management of the right of way helps prevent erosion. The Commission recommends that broader latitude be permitted for certain improvements in residential yards and certain plantings and improvements in public rights of way, particularly in the areas of: Small Garden Fences /Garden Edging — Depending on a fence's height, location, construction and material, it may or may not constitute an improvement that should be reviewed through a permit, but even a small fence of a certain material, constructed near a property boundary, in a particular way may require one. Since the zoning permit is an educational tool, property owners are encouraged to share a photo of the type of improvement and /or prepare a sketch plan of their proposed improvements and review it with staff. This allows a conversation to determine whether a permit applies or the plans need to be modified. Does the Council want staff to create a list of improvements that may not require a zoning permit or use the current system in which staff reviews proposed improvements to determine whether permit requirements apply? Raised Beds — This type of improvement uses one or more tiers of retaining walls to create planting spaces above ground level. It offers all of the benefits outlined in the EEAC findings. Raised beds are a permitted improvement in residential yards provided they meet setbacks, avoid drainage and utility easements and retain existing drainage patterns, but even a single tier wall installed in a drainage way can change drainage patterns around the owner's home or divert drainage onto other properties. These requirements are easily determined through a zoning permit review. Excluding them from the zoning permit requirement increases the likelihood of a non - compliant installation and the need to pursue compliance through an enforcement action. Does the City Council want to exclude raised beds from the zoning permit process? 54 Public Rights of Way — The Commission is recommending the expansion of the types of plant materials and ground covers that may be permitted in public rights of way. Specifically, these include plant materials that grow to less than 30" in height or other height approved by the City and rock/stone, wood chips or other mulch. Staff is open to the possibility of expanding the materials that may be permitted within public rights of way, provided the right of way permit remains the means of reviewing and approving those installations so: 1) a safe sight line height is established for plants over 8" in height, 2) ground covers and mulch are placed in locations and ways that they remain stable and are not likely to be washed out of a yard and into the City's storm water system and 3) to prevent other conditions that may create environmental degradation to the storm water system or other public safety issues. Does the City Council want to permit additional types of plant materials and ground covers in the public right of way? Does the City Council want to continue to use the right of way permit process to manage materials and improvements placed in the right of way? Generally speaking staff understands the value and purpose of City Code modifications regarding the types of plant materials or ground cover that may be permitted in residential yards, but knowing the potential for well - meaning property owners to interpret regulations differently, we would strongly encourage the continued application of the zoning and right of way permitting processes to improve the likelihood an improvement is done correctly the first time and to prevent hazards or nuisances within rights of way. It will also be important to help property owners who are applying yard management approaches different from traditional ones to implement them in ways that will meet their interests, while minimizing negative perceptions of others who apply the traditional approaches. \T? r r*kp\ I (��������-12 Al. 50 V. 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FACTS: • On March 13, 2012, Communications Director Garrison and Mr. Brian Grogan, Eagan's cable franchise attorney, briefed the City Council on kind of a "101" regarding the typically three -year process for cable franchise agreements and renewal. • Ad part of the run up to actual negotiations, cities generally review the financial and technical performance of the cable company under the existing franchise and, as mandated by law, conduct a community needs assessment with the public to determine what the community expects from a provider in any new franchise. • Sue Buske of the Buske Group was retained to conduct a series of six community focus group discussions held November 12 -14, 2013 and to analyze the results from a subsequent online and paper survey of community members conducted in the immediate 30 days following the focus group meetings. • Some 115 individuals attended the focus groups, and a record 1,156 respondents from 101 different organizations and institutions in the Eagan area participated. • Ms. Buske will present an overview of the significant preliminary findings and answer any questions. • This will be followed by Director Garrison and Attorney Grogan providing an update of the renewal process since Council was last briefed and discussing the next steps to expect in the renewal process. They, too, will respond to any questions, concerns or discussion the Council wishes to have, with the caution that particular negotiation strategies should be avoided. • Eagan's cable franchise expires in January of 2015. ATTACHMENTS: • Copies of Buske Group presentation will be distributed to the City Council on Tuesday night. 59