06/10/2014 - Energy and Environment Advisory CommissionENERGY & ENVIRONMENT ADVISORY COMMISSION
Tuesday, June 10, 2014, 7:00 – 9:00 p.m.
Workshop, Conference Room 2A & 2B
EEAC Workshop Agenda
A. Introductions - Welcome New Commission Members
B. Review Meetings and Commission Protocol
C. 2013-2014 Goal Review/GreenSteps Cities
D. Building Energy Committee Report
E. Subcommittee Assignment
a. Water Quality
b. Waste Haulers
c. Communications
d. Fleet/Biodiesel
e. Building Energy
f. Active Living/Complete Streets
g. Solar
The City of Eagan is committed to the policy that all persons have equal access to its programs,
services, activities, facilities, and employment without regard to race, color, creed, religion, national
origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance.
Auxiliary aids for disabled persons wishing to participate are available upon request at least 96 hours in
advance of the event. If a notice of less than 96 hours is received, the City will attempt to provide the
aids.
NEXT REGULAR ENERGY & ENVIRONMENT ADVISORY COMMISSION MEETING
TUESDAY, AUGUST 11, 2014 7:00 P.M. COUNCIL CHAMBERS
ENERGY AND ENVIRONMENT ADVISORY
COMMISSION
2013-14 MEMBERS
NAME AND ADDRESS TERM START TELEPHONE TERM
EXPIRES
JEFF LeCLAIR-Chair
522 Hackmore Drive
Eagan, MN 55123
2010
(1 yr. 2010-11)
(2 yr. 2011-13)
(2 yr. 2013-15)
(651) 686-5409
j.leclair@comcast.net
4/2015
ROSS BINTNER-Secretary
938 Waterford Drive E
Eagan, MN 55123
2011
(2 yr. 2011-2013)
(2 yr. 2013-2015)
(651) 330-3761
Ross.bintner@gmail.com
4/2015
PETER DUGAN
2195 Storland Road
Eagan, MN 55122
2014
(2 yr. 2014-2016)
(651) 895-0447
Peter.dugan@cbre.com
4/2016
W. DUSTIN MIRICK
3784 South Hills Court
Eagan, MN 55123
2014
(2 yr. 2014-2016)
(651) 452-2574
dustin.mirick@sunsetbaylodge.com
4/2016
JOHN RADMER
1738 Palisade Circle
Eagan, MN 55122
2014
(2 yr. 2014-16)
(952) 221-1674
jradmer@meagher.com
4/2016
RICHARD ARNESON
3731 Burgundy Drive
Eagan, MN 55122
2014
(2 yr. 2014-2016)
(651) 405.8040
raarne@msn.com
4/2016
GREG OXLEY
828 Ivy Lane
Eagan, MN 55123
2014
(2 yr. 2014-2016)
(651) 698-5263
gtoxley@mmua.org
4/2016
ADITYA JAYAM PRABHAKAR
1170 Northwood Drive #119
Eagan, MN 55121
2014
(1 yr. Alt 2014-2015)
(573) 308-5109
jpaditya_202@yahoo.com
4/2015
Eagan Parks and Recreation Phone Number: 651-675-5500
Juli Seydell Johnson, Director: jsjohnson@cityofeagan.com
Amy Grannes, Administrative Supervisor: agrannes@cityofeagan.com
MEETING
DATES
Jun.
11 &
CC
July
No Mtg
Aug.
11
Sept.
No Mtg
Oct.
14
Nov.
No Mtg
Dec.
9
Jan.
No Mtg
Feb.
10
Mar.
No Mtg
Apr.
14
May
No Mtg
Jeff LeClair
Ross Bintner
Peter Dugan
W. Dustin Mirick
John Radmer
Richard Arneson
Greg Oxley
Aditya Jayam
Prabhakar
X = present O = absent O* = notified staff of absence prior to meeting R = Resigned
Revised 7/14/2010 2012 USMS Convention – Greensboro, North Carolina – Attachment #4
Robert’s Rules of Order – the Basics
The purpose of “Robert’s Rules of Order” includes the following:
Ensure majority rule
Protect the rights of the minority, the absentees and individual members
Provide order, fairness and decorum
Facilitate the transaction of business and expedite meetings
Basic Principles
All members have equal rights, privileges and obligations
Full and free discussion of every motion is a basic right
Only one question at a time may be considered, and only one person may have the floor at
any one time
Members have a right to know what the immediately pending question is and to have it
restated before a vote is taken
No person can speak until recognized by the chair
Personal remarks are always out of order
A majority decides a question except when basic rights of members are involved
A two-thirds vote is required for any motion that deprives a member of rights in any way
(e.g., cutting off debate)
Silence gives consent. Those who do not vote allow the decision to be made by thos e who
do vote
The chair should always remain impartial
Role of the Presiding Officer
Remain impartial during debate - the presiding officer must relinquish the chair in order
to debate the merits of a motion
Vote only to create or break a tie (or 2/3 for matters requiring a 2/3 vote) – exception:
the presiding officer may vote on any vote by ballot
Introduce business in proper order
Recognize speakers
Determine if a motion is in order
Keep discussion germane to the pending motion
Maintain order
Put motions to a vote and announce results
General Procedure for Handling a Motion
A member must obtain the floor by being recognized by the chair
Member makes a main motion
A motion must be seconded by another member before it can be considered
If the motion is in order, the chair will restate the motion and open debate (if the
motion is debatable)
The maker of a motion has the right to speak first in debate
The main motion is debated along with any Subsidiary motions (e.g. “I move to amend the
motion by ...”, Privileged motions (e.g. “I move to postpone the motion to ...”) and
Revised 7/14/2010 2012 USMS Convention – Greensboro, North Carolina – Attachment #4
Incidental motions (e.g. “I move to divide the question.”)
Debate on Subsidiary, Privileged and Incidental motions (if debatable) takes precedence
over debate on the main motion and must be decided before debate on the main motion
can continue.
Debate is closed when:
o Discussion has ended, or
o A two-thirds vote closes debate (“Call the question”)
The chair restates the motion, and if necessary clarifies the consequences of
affirmative and negative votes
The chair calls for a vote by asking “All in favor?” Those in favor say “Aye” (or in HOD,
hold up the Green “Yes” card). Then asking “All opposed?” Those opposed will say “No”
(or in HOD, hold up the Red “No” card). And finally asking “Al l abstained?” Those
abstaining will say “Aye” (or in HOD, hold up the Yellow “Abstain” card)
The chair announces the result
General Rules of Debate
No members may speak until recognized by the chair
All discussion must be relevant to the immediately pending question
No member can speak more than once to each motion
No member can speak more than three minutes
All remarks must be addressed to the chair – no cross debate is permitted
It is not permissible to speak against one’s own motion (but one can vote a gainst one's
own motion)
Debate must address issues not personalities – no one is permitted to make personal
attacks or question the motives of other speakers
The presiding officer must relinquish the chair in order to participate in debate and
cannot reassume the chair until the pending main question is disposed of
When possible, the chair should let the floor alternate between those speaking in
support and those speaking in opposition to the motion
Members may not disrupt the assembly
Rules of debate can be changed by a two-thirds vote
Robert’s Rules Help Get Things Done!
Make Motions – that are in order
Obtain the Floor - properly
Speak – clearly and concisely
Obey – the rules of debate
And most of all, be courteous! That’s always in order!
Recommended Books
Robert’s Rules of Order, Newly Revised, Tenth Edition, 2000
Robert’s Rules of Order, Newly Revised, In Brief, Thomas J. Balch, 2004
Robert’s Rules for Dummies, C. Alan Jennings, 2004
A-B-C's of Parliamentary Procedure. Co, Channing L. Bete, 1998
Recommended Web Sites
www.robertsrules.com | www.rulesonline.com | www.parlipro.org | www.robertsrules.org | www.roberts-rules.com
Copies of this publication may be obtained by calling 651-296-6753. This document can be made available in
alternative formats for people with disabilities by calling 651-296-6753 or the Minnesota State Relay Service at
711 or 1-800-627-3529 (TTY). Many House Research Department publications are also available on the
Internet at: www.house.mn/hrd/hrd.htm.
INFORMATION BRIEF
Research Department
Minnesota House of Representatives
600 State Office Building
St. Paul, MN 55155
Deborah A. Dyson, Legislative Analyst
deborah.dyson@house.mn Revised: September 2012
Minnesota Open Meeting Law
The Minnesota Open Meeting Law requires that meetings of governmental bodies
generally be open to the public. This information brief discusses the groups and
types of meetings covered by the open meeting law, and then reviews the
requirements of and exceptions to the law and the penalties for its violation.
Contents
Executive Summary .................................................................................................2
Groups and Meetings Governed by the Open Meeting Law ...................................3
Requirements of the Open Meeting Law .................................................................6
Exceptions to the Open Meeting Law ......................................................................9
Penalties .................................................................................................................13
Advice ....................................................................................................................14
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 2
Executive Summary
The Minnesota Open Meeting Law was originally enacted in Laws 1957, chapter 773, section 1.
It is now codified in Minnesota Statutes, chapter 13D. The Minnesota Supreme Court has
articulated three purposes of the open meeting law:
To prohibit actions being taken at a secret meeting where it is impossible for the
interested public to become fully informed about a public board’s decisions or to detect
improper influences
To assure the public’s right to be informed
To afford the public an opportunity to present its views to the public body1
“These purposes are deeply rooted in the fundamental proposition that a well-informed populace
is essential to the vitality of our democratic form of government.”2 Courts interpret the law
liberally and in favor of openness.
Entities covered by the law. The law applies to state and local multimember governmental
bodies, including committees and subcommittees, and nonprofits created by political
subdivisions. A separate law applies to the legislature.
Situations where the law applies. A meeting is a “meeting” for purposes of the law when a
quorum or more of the governmental body is gathered—in person or by electronic means,
whether or not action is taken or contemplated. Serial meetings of less than a quorum held with
the intent to avoid the law may be found to be in violation of the law.
What constitutes an open meeting. A meeting is open when proper notice was given in
advance of the meeting, the public may attend and observe, and relevant materials are available
to the public.
Exceptions to the law. A meeting may be closed based on a limited attorney-client privilege,
and for the purposes of labor negotiations, employee evaluations, and discussion of security
issues and property transactions. The law does not apply to a governmental body exercising
quasi-judicial functions.
Violations of the law. While actions taken at a meeting held in violation of the law are still
valid, the law provides for penalties and potentially removal from office.
1 Prior Lake American v. Mader, 642 N.W.2d 729, 735 (Minn. 2002) (en banc) (citing St. Cloud Newspapers,
Inc. v. District 742 Community Schools, 332 N.W.2d 1, 4 (Minn. 1983)). While the courts consistently say that the
open meeting law is to afford the public an opportunity to present its views to the public body, there is no general
right for members of the public to speak at a meeting. Some statutes, and perhaps some home rule charters, specify
that a hearing on a particular matter must be held at which anyone who wishes to address the public body may do so.
See, e.g., Minn. Stat. § 117.0412, subd. 2.
2 Prior Lake American, 642 N.W.2d at 735.
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 3
Where to get advice. A governmental entity can seek advice from its attorney, the Minnesota
Attorney General, or the Commissioner of Administration. An individual may seek advice from
a private attorney or the Commissioner of Administration.
Groups and Meetings Governed by the Open Meeting Law
The law applies to all levels of state and local government.
The open meeting law applies to:
a state agency, board, commission, or department when it is required or permitted by law
to transact public business in a meeting;
the governing body of any school district, unorganized territory, county, city, town, or
other public body;
a committee, subcommittee, board, department, or commission of a public body subject
to the law; and
the governing body or a committee of a statewide or local public pension plan.3
“Public body” is not defined but the Minnesota Supreme Court has stated that “[i]n common
understanding, ‘public body’ is possibly the broadest expression for the category of
governmental entities that perform functions for the public benefit.”4
In determining whether the open meeting law applies to a particular entity, one should look at all
of the entity’s characteristics. For example, in a 1998 case, the Minnesota Supreme Court held
that because the statute authorizing creation of a municipal power agency authorized an agency
to conduct its affairs as a private corporation, it could hold closed meetings.5 The court held so
notwithstanding the statute that provides for municipal power agencies to be political
subdivisions of the state.6
3 Minn. Stat. § 13D.01, subd. 1.
4 Star Tribune Co. v. University of Minnesota Board of Regents, 683 N.W.2d 274, 280 (Minn. 2004) (en banc)
(holding that the open meeting law and the Government Data Practices Act apply to the University of Minnesota
Board of Regents, and the application of these laws to the university does not violate the university’s constitutional
autonomy). In 2002, Mark Yudof resigned from the presidency of the University of Minnesota. When finalists for
the position had been selected but not announced, the Board of Regents closed a meeting to interview them,
ensuring their privacy. The university asserted that its constitutional autonomy meant it was not subject to these
laws. A number of newspapers sued, claiming that the university is subject to the open meeting law and Data
Practices Act, and that it violated both laws. The district court and court of appeals agreed with the newspapers, and
the state supreme court affirmed those decisions.
5 Southern Minn. Mun. Power Agency v. Boyne, 578 N.W.2d 362, 364 (Minn. 1998) (en banc) (citing Minn.
Stat. § 453.54, subd. 21, and discussing the factors that distinguish a public corporation from a private corporation).
6 Minn. Stat. § 453.53, subd. 1, para. (1) (The agency agreement shall state: “(1) That the municipal power
agency is created and incorporated . . . as a municipal corporation and a political subdivision of the state, to exercise
thereunder a part of the sovereign powers of the state;”).
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 4
The law generally applies to nonprofit corporations created by governmental entities.
The list of groups covered by the open meeting law does not refer to nonprofit corporations
created by a governmental entity. However, the law creating a specific public nonprofit
corporation may specify that it is subject to the open meeting law.7 In addition, any corporation
created by a political subdivision before May 31, 1997, is clearly subject to the open meeting
law.8
Gatherings of less than a quorum of a public body are not subject to the law; a “meeting”
is held when the group is capable of exercising decision-making powers.
The Minnesota Supreme Court has held that the open meeting law applies only to a quorum or
more of members of the governing body or a committee, subcommittee, board, department, or
commission of the governing body.9 Serial meetings in groups of less than a quorum held in
order to avoid open meeting law requirements may also be found to be a violation, depending on
the facts of the case.10
A public body subject to the law should be cautious about using e-mail to communicate with
other members of the body. Although the statute does not specifically address the use of e-mail,
it is likely that the court would analyze use of e-mail in the same way as it has telephone
conversations and letters.11 That is, private communication about official business through
telephone conversations or letters by a quorum of a public body subject to the law would violate
the law. Serial communication through telephone conversations or letters by less than a quorum
with the intent to avoid a public hearing or to come to an agreement on an issue relating to
official business could also violate the law. In a 1993 case, the Minnesota Court of Appeals held
that the open meeting law was not violated when two of five city council members attended
private mediation sessions related to city business. The court determined that the two council
7 E.g., Minn. Stat. §§ 62Q.03, subd. 6 (Minnesota Risk Adjustment Association); 116O.03, subd. 5 (Enterprise
Minnesota, Inc.); 116V.01, subd. 10 (Agricultural Utilization Research Institute); 116S.02, subds. 6 and 7
(Minnesota Business Finance, Inc.); 124D.385, subd. 4 (Minnesota Commission on National and Community
Service may create a nonprofit but it is subject to the open meeting law); 128C.22 (State High School League); and
85B.02, subd. 6 (Lake Superior Center Authority).
8 Minn. Stat. § 465.719, subd. 9.
9 Moberg v. Independent School Dist. No. 281, 336 N.W.2d 510 (Minn. 1983) (en banc).
10 Id. at 518; see also Mankato Free Press Co. v. City of North Mankato, 563 N.W.2d 291, 295 (Minn. App.
1997). On remand to the district court for a factual finding on whether the city used serial interviews to avoid the
open meeting law, the trial court found, and the court of appeals affirmed, that the serial meetings were not held to
avoid the law. Mankato Free Press Co. v. City of North Mankato, No. C9-98-677, 1998 WL 865714 (Minn. App.
1998) (unpublished opinion), review denied (Minn. Feb. 24, 1999).
11 Moberg, 336 N.W.2d at 518. The Commissioner of Administration stated in a July 9, 2008, opinion that an
e-mail sent to all members of a city council by the city manager was effectively “printed material” that should be
available to members of the public and also suggested that the legislature revise the statute to recognize the use of
electronic and other types of communications. Minn. Dept. of Admin. Advisory Op. 08-015. A September 8, 2009,
opinion by the commissioner states that the exchange of e-mails by staff and members of the Metro Gang Strike
Force Advisory Board violated the open meeting law because it was not just a matter of a quorum receiving
information, but a quorum of the body discussing and then giving the staff person direction on the action to take.
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 5
members did not constitute a committee or subcommittee of the council because the group was
not capable of exercising decision-making powers.12
The law applies to informational meetings.
The Minnesota Supreme Court has held that the open meeting law applies to all gatherings of
members of a governing body, whether or not action is taken or contemplated. Thus, a gathering
of members of a public body for an informational seminar on matters currently facing the body
or that might come before the body must be conducted openly.13 However, there are some
exceptions. A 1975 attorney general opinion stated that city council attendance at a League of
Minnesota Cities training program for city officials did not violate the open meeting law if the
members did not discuss specific municipal business.14 In 2010, the statute governing the
Lessard-Sams Outdoor Heritage Council was amended to allow members of the council to travel
together to visit sites and learn about projects without it being a violation of the law as long as
the members do not decide, or agree to decide, matters under the council’s jurisdiction.15
The law does not cover chance or social gatherings.
The open meeting law does not apply to chance or social gatherings of members of a public
body.16 However, a quorum of a public body may not, as a group, discuss or receive information
on official business in any setting under the guise of a private social gathering.17
The law does not apply to certain types of advisory groups.
The Minnesota Court of Appeals has held that the open meeting law does not apply to certain
types of advisory groups.18 In that case, a presidential search advisory committee to the
University of Minnesota Board of Regents was held not to be a committee of the governing body
for purposes of the open meeting law. In reaching its holding, the court pointed out that no
regents were on the search committee and that the committee had no power to set policy or make
a final decision. It is not clear if a court would reach the same result if members of the
governing body were also on the advisory committee. Depending on the number of members of
the governing body involved and on the form or extent of the delegation of authority from the
governing body to the members, a court might consider the advisory committee to be a
committee of the governing body.
12 Sovereign v. Dunn, 498 N.W.2d 62 (Minn. App. 1993), review denied (Minn. May 28, 1993).
13 St. Cloud Newspapers, Inc., 332 N.W.2d 1.
14 Op. Att’y Gen. 63a-5, Feb. 5, 1975.
15 Minn. Stat. § 97A.056, subd. 5, para. (b), provides “Travel to and from scheduled and publicly noticed site
visits by council members for the purposes of receiving information is not a violation of paragraph (a). Any decision
or agreement to make a decision during the travel is a violation of paragraph (a).”
16 St. Cloud Newspapers, Inc., 332 N.W.2d at 7.
17 Moberg, 336 N.W.2d at 518.
18 The Minnesota Daily v. University of Minnesota, 432 N.W.2d 189 (Minn. App. 1988).
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 6
A separate law applies to the legislature.
In 1990, the legislature passed a law separate from the open meeting law that requires all
legislative meetings be open to the public.19 The law applies to House and Senate floor sessions
and to meetings of committees, subcommittees, conference committees, and legislative
commissions. For purposes of this law, a meeting occurs when a quorum is present and action is
taken regarding a matter within the jurisdiction of the group. Similarly, a meeting of the
Legislative-Citizen Commission on Minnesota Resources occurs when a quorum is present and
action is taken.20 Each house of the legislature must adopt rules to implement these
requirements. Remedies provided under these rules are the exclusive means of enforcing this
law.
Requirements of the Open Meeting Law
The primary requirement of the open meeting law is that meetings be open to the public.
The law also requires that votes in open meetings be recorded in a journal and that the journal be
open to the public. The vote of each member must be recorded on appropriations of money,
except for payments of judgments and claims and amounts fixed by statute.21 A straw ballot to
narrow the list of candidates for city administrator and not made public was held to be a secret
vote in violation of the open meeting law, particularly in light of the fact that the straw vote was
acted on and given the same effect as an official act.22
Open meetings must be held in a public place within the borders of the public body.23
Meetings may be held by interactive television if specified conditions are met to ensure openness
and accessibility for those who wish to attend.24
19 Minn. Stat. § 3.055 (added by Laws 1990, ch. 608, art. 6, § 1).
20 Minn. Stat. § 116P.08, subd. 5, “(a) Meetings of the commission, committees or subcommittees of the
commission, technical advisory committees, and peer review panels must be open to the public. The commission
shall attempt to meet throughout various regions of the state during each biennium. For purposes of this subdivision,
a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the
commission, a committee or subcommittee of the commission, a technical advisory committee, or a peer review
panel.
(b) For legislative members of the commission, enforcement of this subdivision is governed by section 3.055,
subdivision 2. For nonlegislative members of the commission, enforcement of this subdivision is governed by
section 13D.06, subdivisions 1 and 2.” (emphasis added) (Enacted in 2007)
21 Minn. Stat. § 13D.01, subds. 4 and 5.
22 Mankato Free Press Co., 563 N.W.2d at 295-96. In contrast, the Commissioner of Administration issued an
advisory opinion finding that a secret straw ballot taken and its results described and discussed at the same meeting
as the ballot was not a violation. Dept. of Admin. Advisory Op. 10-011.
23 Quast v. Knutson, 276 Minn. 340, 341, 150 N.W.2d 199, 200 (1967) (school board meeting held 20 miles
outside the jurisdiction of the school board at a private office did not comply with open meeting law; consolidation
proceedings were fatally defective because the resolution by which the proceedings were initiated was not adopted
at a public meeting as required by law).
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 7
A state entity may hold meetings by telephone or other electronic means as long as specified
conditions are met to ensure openness and accessibility for those who wish to attend. In
addition, a meeting of any public body (state or local) may be conducted by telephone or other
electronic means if a health pandemic or other emergency makes meeting in person impractical
or imprudent and all of the same conditions as for other meetings held by telephone or other
electronic means are met, unless unfeasible due to the pandemic or emergency.
In general, those conditions include the following:
All members of the body can hear one another and can hear all discussion and testimony
Members of the public at the regular meeting location can hear all discussion, testimony,
and votes
At least one member of the body (or, in the case of a health pandemic or other
emergency, the chief legal counsel or chief administrative officer) is present at the regular
meeting location
All votes are conducted by roll call
The public body must allow a person to monitor the meeting electronically from another
location. The body may require the person to pay for any documented additional costs
the body incurs as a result of the additional connection
The public body must give notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and of the right of the
public to monitor the meeting from another location25
The law requires public bodies to give notice of their meetings.
In 1974, the Minnesota Supreme Court held that failure to give notice of a meeting is a violation
of the open meeting law.26 The court has also held that it is a violation of the open meeting law
to conduct business before the time publicly announced for a meeting.27
24 Minn. Stat. § 13D.02. See also Minn. Stat. § 471.59, subd. 2 (joint powers board for educational purposes).
25 Minn. Stat. §§ 13D.015 (state entities), 13D.021 (state or local entities in the case of health pandemic, other
emergency). Various statutes for specific public bodies also allow for meetings by interactive television, telephone,
or other electronic means: Minn. Stat. §§ 35.0661 (Board of Animal Health during restricted travel for animal health
reasons); 41A.0235 (Minnesota Agricultural and Economic Development Board); 41B.026 (Rural Finance Agency);
116J.68, subd. 5 (Small Business Development Center Advisory Board); 116L.03, subd. 8 (Minnesota Jobs Skills
Partnership Board); 116L.665, subd. 2a (Governor’s Workforce Development Council); 116M.15, subd. 5 (Urban
Initiative Board); 116U.25 (Explore Minnesota Tourism Council); 123A.16, subd. 1 (school boards); 129C.105
(Board of the Perpich Center for Arts Education); 248.10 (Rehabilitation Council for the Blind); 256.482, subd. 5b
(Minnesota State Council on Disability); 256.975, subd. 2a. (Minnesota Board on Aging); 256C.28, subd. 7
(Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans); 268A.02, subd. 3 (State Rehabilitation
Council and Statewide Independent Living Council); 326B.32, subd. 7 (Board of Electricity); 326B.435, subd. 7
(Board of Plumbing); 462A.041 (Minnesota Housing Finance Agency).
26 Sullivan v. Credit River Township, 299 Minn. 170, 217 N.W.2d 502 (1974).
27 Merz v. Leitch, 342 N.W.2d 141, 145 (Minn. 1984) (en banc).
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 8
In 1987, the legislature spelled out the notice requirements in statute for regular, special,
emergency, and closed meetings. Public bodies must do the following:
Keep schedules of regular meetings on file at their offices28
Post notice of special meetings (meetings held at a time or place different for regular
meetings) on their principal bulletin board. The public body must also either mail notice
to people who have requested such mailings, or publish notice in the official newspaper,
at least three days before the meetings29
Make good faith efforts to notify news media that have filed written requests (with
telephone numbers) for notice of emergency meetings (special meetings called because of
circumstances that require immediate consideration)30
The same notice requirements apply to closed meetings.31
For state agencies, absent any other specific law governing notice, publication requirements can
be satisfied by publishing notice in the State Register.32
The law requires relevant materials to be publicly available.
The open meeting law requires that for open meetings, at least one copy of any printed material
prepared by the public body and distributed or available to all members of the public body also
be available in the meeting room for inspection by the public. This requirement does not apply
to materials that are classified as other than public under the Government Data Practices Act.33
28 Minn. Stat. § 13D.04, subd. 1.
29 Minn. Stat. § 13D.04, subd. 2; Rupp v. Mayasich, 533 N.W.2d 893 (Minn. App. 1995) (bulletin board must
be reasonably accessible to the public). A February 3, 2004, advisory opinion by the Commissioner of
Administration stated that a public body’s actions at a special meeting are limited to those topics included in the
notice of special meeting. Minn. Dept. of Admin. Advisory Op. 04-004.
30 Minn. Stat. § 13D.04, subd. 3.
31 Minn. Stat. § 13D.04, subd. 5.
32 Minn. Stat. § 13D.04, subd. 6.
33 Minn. Stat. § 13D.01, subd. 6.
House Research Department Revised: September 2012
Minnesota Open Meeting Law Page 9
Exceptions to the Open Meeting Law
A closed meeting, except one closed under the attorney-client privilege, must be electronically
recorded at the expense of the public body. Unless otherwise provided by law, the recordings
must be preserved for at least three years after the date of the meeting.34
The law does not apply to state agency disciplinary hearings.
The open meeting law does not apply to any state agency, board, or commission when exercising
quasi-judicial functions involving disciplinary hearings.35
Certain meetings involving employee evaluation or discipline must be closed.
A public body must close meetings for preliminary consideration of allegations or charges
against an individual subject to its authority.36 If the members of the public body conclude that
discipline may be warranted as a result of those charges, further meetings or hearings relating to
the charges must be open. Meetings must also be open at the request of the individual who is the
subject of the meeting.
Statutes other than the open meeting law may permit or require closed meetings for certain local
governmental bodies to conduct specific kinds of disciplinary hearings. For example, school
board hearings held to discharge or demote a teacher are private unless the affected teacher
wants a public hearing.37
A public body may close a meeting to evaluate the performance of an individual who is subject
to its authority.38 Before closing a meeting, the public body must identify the individual to be
evaluated. The public body must summarize the conclusions of the evaluation at its next open
meeting. An evaluation meeting must be open at the request of the subject of the meeting.
A meeting must be closed if an individual’s medical records governed by Minnesota Statutes,
sections 144.291 to 144.298, are discussed.39
A meeting may be closed to discuss labor negotiations.
The open meeting law permits a public body to hold a closed meeting to discuss strategy and
proposals for labor negotiations conducted under the Public Employment Labor Relations Act.40
The statute specifies procedures for tape-recording of these meetings, and for the recordings to
34 Minn. Stat. § 13D.05, subd. 1.
35 Minn. Stat. § 13D.01, subd. 2.
36 Minn. Stat. § 13D.05, subd. 2.
37 Minn. Stat. § 122A.41, subd. 9.
38 Minn. Stat. § 13D.05, subd. 3.
39 Minn. Stat. § 13D.05, subd. 2.
40 Minn. Stat. § 13D.03, subd. 1.
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become public when negotiations are completed.41 Another law permits the Commissioner of the
Bureau of Mediation Services to close negotiations and mediation sessions between public
employers and public employees. These negotiations are public meetings, unless the
commissioner closes them.42
The law permits closed meetings based on a limited attorney-client privilege.
In 1976, the Minnesota Supreme Court held that there is a limited exception, based on the
attorney-client privilege, for meetings to discuss strategy for threatened or pending litigation.43
In 1990, the legislature added the attorney-client exception to the open meeting law.44 Although
the statute is not limited, the court has since held that the scope of the exception remains limited
in relation to the open meeting law.45
The attorney-client privilege exception does not apply to a mere request for general legal advice.
Nor does it apply when a governing body seeks to discuss with its attorney the strengths and
weaknesses of a proposed legislative enactment (like a city ordinance) that may lead to future
lawsuits because that can be viewed as general legal advice. Furthermore, discussion of
proposed legislation is just the sort of discussion that should be public.46
In order to close a meeting under the attorney-client privilege exception, the governing body
must give a particularized statement describing the subject to be discussed. A general statement
that the meeting is being closed to discuss pending or threatened litigation is not sufficient.47
A meeting may be closed to address certain security issues.
If disclosure of the information discussed would pose a danger to public safety or compromise
security procedures or responses, a meeting may be closed to:
41 Minn. Stat. § 13D.03, subd. 2.
42 Minn. Stat. § 179A.14, subd. 3.
43 Minneapolis Star & Tribune Co. v. Housing & Redevelopment Auth., 310 Minn. 313, 324, 251 N.W.2d 620,
626 (1976).
44 Minn. Stat. § 13D.05, subd. 3.
45 Star Tribune v. Board of Ed., Special School Dist. No. 1, 507 N.W.2d 869 (Minn. App. 1993) review denied
(Minn. Dec. 22, 1993). The court of appeals did not accept the argument that the statutory exception encompassed
the full attorney-client privilege because that would result in the exception swallowing the rule in favor of open
meetings. In 2002, the Minnesota Supreme Court restated that the attorney-client privilege exception only applies
when the purposes for the exception outweigh the purposes of the open meeting law. In that case, the city council
was threatened with a lawsuit if it did not grant a request. The court found that the threat of a lawsuit did not
warrant closing the meeting. Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002) (en banc). Cf. Brainerd
Daily Dispatch v. Dehen, 693 N.W.2d 435 (Minn. App. 2005) (applying analysis of Star Tribune and Prior Lake
American, finding threats were sufficiently specific and imminent that confidential consultation with legal counsel
appointed by city’s insurer to discuss defense strategy or reconciliation to address a threatened lawsuit justified
closing the meeting).
46 Star Tribune, 507 N.W.2d at 872.
47 The Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. App. 2004).
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receive security briefings and reports,
discuss issues related to security systems,
discuss emergency response procedures, and
discuss security deficiencies in or recommendations regarding public services,
infrastructure, and facilities.
Before closing a meeting, the public body must refer to the facilities, systems, procedures,
services, or infrastructures to be considered during the closed meeting. A closed meeting must
be tape-recorded at the expense of the governing body, and the recording must be preserved for
at least four years.
Financial issues related to security matters must be discussed and all related financial decisions
must be made at an open meeting.48
A meeting may be closed to discuss certain issues relating to government property sales or
purchases.
A public body may close a meeting to:
determine the asking price for real or personal property to be sold by the government
entity;
review confidential or nonpublic appraisal data; and
develop or consider offers or counteroffers for the purchase or sale of real or personal
property.
Before holding a closed meeting, the public body must identify on the record the particular
property that is the subject of the closed meeting. The proceedings must be tape-recorded at the
expense of the public body. The recording must be preserved for eight years after the date of the
meeting and made available to the public after all property discussed at the meeting has been
purchased or sold or the governing body has abandoned the purchase or sale. The property that
is the subject of the closed meeting must be specifically identified on the tape. A list of members
and all other persons present at the closed meeting must be made available to the public after the
closed meeting. If an action is brought claiming that public business other than discussions
allowed under this exception was transacted at a closed meeting held during the time when the
tape is not available to the public, the court would review the recording of the meeting in camera
and either dismiss the action if the court finds no violation, or permit use of the recording at trial
(subject to protective orders) if the court finds there is a violation.49
An agreement reached that is based on an offer considered at a closed meeting is contingent on
approval of the public body at an open meeting. The actual purchase or sale must be approved at
48 Minn. Stat. § 13D.05, subd. 3.
49 Minn. Stat. § 13D.05, subd. 3, referring to § 13D.03, subd. 3.
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an open meeting after the notice period required by statute or the governing body’s internal
procedures, and the purchase price or sale price is public data. 50
There is a narrow exception for certain meetings of public hospital boards.
Boards of public hospitals and certain health organizations may close meetings to discuss
competitive market activities and contracts.51
On-site inspections by town board members are not subject to the law.
The law does not apply to a gathering of town board members to perform on-site inspections, if
the town has no employees or other staff able to perform the inspections and the town board is
acting essentially in a staff capacity. The town board must make good faith efforts to provide
notice of the inspections to the media that have filed a written request, including a telephone
number, for notice. Notice must be by telephone or by any other method used to notify the
members of the public body.52
The law does not apply to meetings of the Commissioner of Corrections.53
The law specifies how it relates to the Government Data Practices Act.
Except as specifically provided, public meetings may not be closed to discuss data that are not
public data under the Government Data Practices Act.54 Data that are not public may be
discussed at an open meeting without liability, if the matter discussed is within the public body’s
authority and if it is reasonably necessary to conduct the business before the public body.55
A portion of a meeting must be closed if the following data are discussed:
Data that would identify alleged victims or reporters of criminal sexual conduct, domestic
abuse, or maltreatment of minors or vulnerable adults
Active investigative data collected by a law enforcement agency, or internal affairs data
relating to alleged misconduct by law enforcement personnel
Certain types of educational, health, medical, welfare, or mental health data that are not
public data56
50 Minn. Stat. § 13D.05, subd. 3. Property appraisal data covered by this law is described in Minnesota
Statutes, section 13.44, subdivision 3.
51 Minn. Stat. § 144.581, subds. 4 and 5.
52 Minn. Stat. § 366.01, subd. 11.
53 Minn. Stat. § 13D.01, subd. 2. This exception does not make sense. Until 1982, the exception was for
meetings of the Corrections Board—a multimember body. A 1983 instruction directed the revisor of statutes to
change “Corrections Board” to “Commissioner of Corrections” throughout the statutes. Laws 1983, ch. 274 § 18.
54 Minn. Stat. § 13D.05, subd. 1.
55 Minn. Stat. §§ 13.03, subd. 11; 13.05, subd. 4; and 13D.05, subd. 1.
56 Minn. Stat. § 13D.05, subd. 2.
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Penalties
The open meeting law provides a civil penalty of up to $300 for intentional violation.57 A person
who is found to have intentionally violated the law in three or more legal actions involving the
same governmental body forfeits the right to serve on that body for a time equal to the term the
person was serving. The Minnesota Supreme Court has held that this removal provision is
constitutional as to removal of elected officials only if the conduct constitutes malfeasance or
nonfeasance and provided that the violations occurred after the person had a reasonable amount
of time to learn the responsibilities of office.58
A public body may not pay a civil penalty on behalf of a person who violated the law. However,
a public body may pay any costs, disbursements, or attorney fees incurred by or awarded against
a member of the body in an action under the open meeting law if the member was found not
guilty of a violation.59
A court may award reasonable costs, disbursements, and reasonable attorney fees of up to
$13,000 to any party in an action under the open meeting law. However, the following
conditions apply:
A court may award costs and attorney fees to a defendant only if it finds that the action
was frivolous and without merit
A court may award monetary penalties or attorney fees against a member of a public
body only if the court finds there was an intent to violate the open meeting law
The court must award reasonable attorney fees to a prevailing plaintiff if the public body was
also the subject of a prior written opinion issued by the Commissioner of Administration, and the
court finds that the opinion is directly related to the cause of action being litigated and that the
public body did not follow the opinion.60
The appropriate mechanism to enforce the open meeting law is to bring an action in district court
seeking injunctive relief or damages. The statute does not provide for a declaratory judgment
action.61
The Minnesota Supreme Court has held that actions taken at a meeting held in violation of the
open meeting law are not invalid or rescindable.62
57 Minn. Stat. § 13D.06, subd. 1.
58 Minn. Stat. § 13D.06, subd. 3; Claude v. Collins, 518 N.W.2d 836, 843 (Minn. 1994); see also Brown v.
Cannon Falls Township, 723 N.W.2d 31, 41-44 (Minn. App. 2006) (discussing the statutory history and that since
1994 the statute has required three or more legal actions).
59 Op. Att’y Gen. 471-a, Dec. 31, 1992; Minn. Stat. § 13D.06, subd. 4.
60 Minn. Stat. § 13D.06, subd. 4.
61 Rupp v. Mayasich, 561 N.W.2d 555 (Minn. App. 1997).
62 Sullivan v. Credit River Township, 299 Minn. 170, 176-177, 217 N.W.2d 502, 507 (Minn. 1974).
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Advice
Public bodies subject to the open meeting law may seek advice on the application of the law and
how to comply with it from three sources:
The governmental entity’s attorney
The attorney general63
The Commissioner of Administration64
An individual may seek advice from two sources:
The individual’s attorney
The Commissioner of Administration65
An individual who disagrees with the manner in which members of a governing body perform
their duties under the open meeting law may request the Commissioner of Administration to give
a written opinion on the governing body’s compliance with the law.
A governing body or person requesting an opinion of the Commissioner of Administration must
pay a $200 fee if the commissioner issues an opinion.
The commissioner may decide not to issue an opinion. If the commissioner decides not to issue
an opinion, the commissioner must notify the requester within five days of receipt of the request.
If the commissioner decides to issue an opinion, it must be done within 20 days of the request
(with a 30-day extension possible for good cause and notice to the requester). The governing
body must be allowed to explain how it performs its duties under the law.
Opinions of the Commissioner of Administration are not binding, but a court must give the
opinions deference. However, a governing body that follows an opinion is not liable for fines,
attorney’s fees or any other penalty, or forfeiture of office.
For more information about open meetings and other issues related to the government, visit the
government operations area of our website, www.house.mn/hrd/hrd.htm.
63 Under Minnesota Statutes, section 8.06, the attorney general is the attorney for all state officers and boards
or commissions created by law. Under Minnesota Statutes, section 8.07, the attorney general, on request from an
attorney for a county, city, town, public pension fund, school board, or unorganized area, gives written opinions on
matters of public importance.
64 Minn. Stat. § 13.072, subds. 1 and 2.
65 Id.; see www.ipad.state.mn.us/opinions/index.html for access to prior opinions of the Commissioner of
Administration or to find out how to request an opinion.
Energy and Environment Advisory Commission Goals and Work Plan 2013-2014
City Council Approved September 3, 2013
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
Minnesota GreenStep Cities
Jeff LeClair, Amir Nadav, Wade Olsen
Eagan Energy & Environment Advisory Commission
With Assistance Provided by:
Page | 2
TABLE OF CONTENTS Page
I. Acknowledgments 3
II. Executive Summary 4
III. Background 5
IV. GreenStep Cities Program Overview 6
V. Eagan GreenStep Cities Assessment 7
VI. Overview of Best Practices 10
VII. Appendices 49
Page | 3
Acknowledgements
We wish to thank the many people who contributed to this report. Many thanks to Eagan Mayor
Mike Maguire and City Council Members Paul Bakken, Cyndee Fields, Gary Hansen and Meg
Tilley for their vision and leadership in creating the Energy & Environment Advisory Commission.
Their supportive feedback and approval of both Eagan’s participation in GreenStep Cities and this
partnership with the University of Minnesota have made this report possible. Our deepest gratitude
goes out to Dianne Miller, Assistant to the City Administrator, for her relentless patience, research,
support and coordination; and to all the city staff members who provided valuable and timely input.
We thank the University of Minnesota course instructors State Senator Ellen Anderson and Dave
Wanberg for kindly incorporating this project into their capstone course on sustainable
communities. Many thanks to the students Caitlin Cardinal, Peter Kalscheur, Mary Scott, and
Jessica Vanella for their research and work products that contributed to this report. Finally, we
thank the Energy & Environment Advisory Commission members for their support and hard work.
We look forward to engaging with you on the next steps in crafting and realizing the vision of
sustainability for Eagan.
Page | 4
Executive Summary
Minnesota GreenStep Cities is a new challenge, recognition and assistance program offered by the
Minnesota Pollution Control Agency and a host of partners to help cities meet their sustainability goals. In
August 2010, the Eagan City Council adopted a resolution to participate in this program, and authorized a
capstone project between the Energy & Environment Advisory Commission and the University of Minnesota
to assess Eagan’s actions relative to the 28 programmatic best practices. GreenStep Cities is a voluntary
program with no fees to participate.
The City of Eagan has made considerable progress in the GreenStep Cities program. Based on actions it has
already completed, Eagan would currently qualify as a “Step Two City.” The table below summarizes the
requirements to achieve the highest level of recognition under the program, “Step Three City,” and Eagan’s
progress to date. The city has completed 17 best practices, but needs to complete additional actions to
complete the required best practices. Eagan has also completed several best practices beyond the scope of
program requirements. This table represents the subcommittee and city staff’s best assessment of Eagan’s
progress. The GreenStep Cities Steering Committee may review and confirm cities’ completed best practices
and subsequently revise these numbers.
Category Best
Practices
Available
Best Practices
Completed
Best Practices Required
(for Step 3 recognition)
Additional
BPs
Necessary
Buildings & Lighting 1-5 2 4, 5 1 + one other 1
Land Use 6-10 6, 7, 8, 9, 10 6 + one other None
Transportation 11-14 12, 13 11, 12 11
Environmental
Management
15-23 16, 17, 18, 21,
23
15, 16, 17 + one other 15
Economic & Community
Development
24-28 25, 27 24, 25 + one other 24
Total number of BPs 28 17 13 + 3 floating 4
As the Eagan Energy & Environment Advisory Commission reviews this report, it may choose to consider
the following questions, among others:
● Should Eagan aim to achieve “Step Three” recognition?
○ If so, which actions in the remaining required best practices should the city implement?
● Should Eagan consider pursuing any of the optional best practices?
● Should Eagan consider pursuing any additional actions among the best practices it has already
completed?
The following report provides background on the GreenStep Cities program, Eagan’s participation, and an
assessment of Eagan’s progress toward completion of the best practices.
Page | 5
Background
In their goals for 2009 and 2010, the Eagan City Council articulated a commitment to environmental
sustainability and energy efficiency. The biennium goals adopted on March 3, 2009 included the following:
“Exemplify a broad-based and comprehensive commitment to environmental sustainability and
energy efficiency 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.”
In the spring of 2010, the City Council created the Eagan Energy & Environment Advisory Commission
(EEAC). Comprised of seven community members, this Commission holds public meetings every other
month. The EEAC’s value statements for 2010 - 2011 (Appendix A) include recommending sustainability
initiatives centered on the concepts of reduction, protection, renewal, and communication. The Commission
also adopted a GreenStep City Goal:
“To have the City of Eagan named as a GreenStep City Program participant and utilize the EEAC to
review and identify how the 28 best practices identified under the program are met in Eagan within
the areas of Buildings & Lighting, Land Use, Transportation, Environmental Management,
Economic/Community Development.”
In their August meeting, the EEAC approved a proposal to work with a group of students enrolled in the
University of Minnesota’s Sustainable Communities capstone course to help inventory and assess Eagan’s
progress with respect to the GreenStep Cities best practices. On August 17, 2010 the Eagan City Council
adopted a resolution to participate in the GreenStep Cities program and approved the project with the
University of Minnesota (Appendix C).
This report represents the culmination of the EEAC subcommittee and city staff’s work with the University
of Minnesota students.
Page | 6
GreenStep Cities Program Overview
Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities
achieve their sustainability goals through implementation of 28 best practices. Each best practice can be
implemented by completing one or more specific actions from a list of four to eight actions. These actions
are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage
innovation.
GreenStep Cities recognizes cities based on their progress through the program and their achievements. The
follow levels of recognition exist:
Recognition Steps Needed to Implement
Step One GreenStep City
● Build community knowledge and interest
● Approve a city council resolution to work
toward GreenStep Cities recognition
● Register and post initial information on
the GreenStep Cities Website
Step Two GreenStep City
● Get organized to begin work on
implementing best practices.
● Implement half of required best practices
(8 for Eagan)
Step Three GreenStep City ● Implement full suite of required and
floating best practices (16 for Eagan)
Additional levels of recognition are scheduled for development in 2011 and thereafter to challenge and
recognize greater sustainability achievements.
The concept for GreenStep Cities arose during the fall of 2007 when Minnesota's Clean Energy Resource
Teams (CERTs) held regional listening sessions around the state to discuss community-based energy
opportunities and the state's Next Generation Energy Act of 2007. The idea was raised of creating a
sustainable cities program that would challenge, assist and recognize cities that were "green stars." This idea
was taken up by the 2008 Legislature, which directed the Minnesota Pollution Control Agency, the Office of
Energy Security and CERTs to recommend actions cities could take to help meet the state's greenhouse gas
emissions reduction goals. Representatives from dozens of cities, non-profits, and other organizations
provided input into the 2009 report to the legislature, which outlined what has been developed as the
Minnesota GreenStep Cities program.
More information about GreenStep Cities is available on the website: http://mngreenstep.org
Page | 7
Eagan GreenStep Cities Assessment
GreenStep Cities is a free, voluntary challenge, recognition and assistance program. As such, no penalties or
fees exist and the city is under no binding obligation to implement or maintain these best practices.
As a Category A city, Eagan is required to complete a total of 8 best practices to claim Step Two status and
16 best practices to claim Step Three GreenStep City status. These requirements must be met by
implementing best practices in the following categories: Buildings & Lighting, Land Use, Transportation,
Environmental Management and Economic & Community Development.
As the table below indicates, each category contains several required and optional best practices. To
complete a best practice, a city must implement one or more specific actions from a list of several options.
As a Category A city, Eagan must complete the following number of best practices in each category: two in
buildings & lighting, two in land use, two in transportation, four in environmental management, and three in
economic & community development. Within each category, some specific best practices are required while
others can be selected by the city. In addition, a Category A city must also complete three “floating” best
practices, which can be in any category.
The table below also summarizes the results of our assessment. It reveals that Eagan has completed a
large majority of the best practices required for Step Three recognition. To receive this level of
recognition, Eagan would need to complete the following best practices.
• Complete Green Streets
• Environmentally Preferable Purchasing
• Urban Forests
• Benchmarks & Community Engagement
The EEAC may also consider implementing actions from incomplete optional best practices, or additional
actions from completed best practices that would further the city’s sustainability goals.
The following table represents a more comprehensive view of the status of best practices for the city of
Eagan.
Page | 8
GreenStep Required BP Summary category Implementation Status
A City of Eagan
Buildings &
Lighting
1 Efficient Existing Public Buildings Required Not Complete—need action 1
2 Efficient Existing Private Buildings Complete
3 New Green Buildings Not complete
4 Efficient Building & Street Lighting and
Signals Complete
5 Building Reuse Complete
BPs Required/Completed 2 1
Land Use
6 Comprehensive Planning and
Implementation Required Complete
7 Higher Density Complete
8 Efficient and Healthy Development Patterns Complete
9 Efficient Highway-Oriented Development Complete
10 Conservation Design Complete
BPs Required/Completed 2 2
Transportation
11 Complete Green Streets Required Not complete
12 Mobility Options Required Complete
13 Efficient City Fleets Complete
14 Demand-Side Travel Planning Not complete
BPs Required/Completed 2 1
Environmental
Management
15 Environmentally Preferable Purchasing Required Not complete--need actions 1 & 8
16 Urban Forests Required Complete
17 Efficient Stormwater Management Required Complete
18 Green Infrastructure Complete
19 Surface Water Quality Not complete—need action 2 or 3
20 Efficient Water and Wastewater Facilities Not Complete--need action 1
21 Septic Systems Complete
22 Solid Waste Reduction Not Complete
23 Local Air Quality Complete
BPs Required/Completed 4 3
Economic &
Community
Development
24 Benchmarks & Community Engagement Required Not complete--need action 1
25 Green Business Development Required Complete
26 Renewable Energy Not complete
27 Local Food Complete
28 Business Synergies Not complete
BPs Required/Completed 3 2
Floating BPs (additional to required BPs) 3 3
Total BPs Required (including floating) 16 12
Total BPs Completed Overall 17
Page | 9
The remainder of this report assesses Eagan’s actions to date and implementation status for each of the
Minnesota GreenStep Cities best practices. For incomplete best practices, we have identified in bold
recommendations for additional actions that would be needed to fulfill the remaining best practices for “Step
Three City” recognition.
Page | 10
Overview of Best Practices
(This is our best understanding of Eagan’s progress toward completing the best practices. All best practices
are subject to final review and confirmation by the GreenStep Cities Steering Committee. Additional
information on actions that are in progress is available on the comprehensive spreadsheet.)
Page | 11
Buildings and Lighting (2 Best Practices Required)
Best Practice #1: Efficient Existing Public Building (REQUIRED)
Work with utilities and others to assess and finance energy and sustainability improvements
of existing structures.
STATUS FOR EAGAN: NOT COMPLETE
Eagan has completed enough actions for this to count as TWO best practices as soon as B3 system is fully
utilized in the City.
SUMMARY OF REQUIREMENTS:
Eagan must implement this best practice by completing at least actions (1) and (2). Eagan must complete at
least one additional action among (3) through (7). Completing this additional action allows this best practice
to be counted as implementation of two best practices.
BEST PRACTICES SUMMARY:
1. Enter baseline information into the Minnesota B3 database and continue entering monthly energy
use data from city-owned buildings.
2. Audit (or when cost-effective, re-commission) all city-owned buildings in the bottom third of the B3
energy performance ranking and implement a majority of energy efficiency opportunities that have a
payback under 5 years.
3. Complete energy efficiency improvements in at least one city, school or park district building (in
addition to buildings addressed in action 2) via retrofit and retro-/re- commissioning, with financing
at attractive interest rates under MN's PBEEEP program or related lease-purchase financing, energy
performance contracting, or other cost-justified program.
4. Participate in other state or utility programs that provide rebates or co-funding for energy efficiency
improvements to public buildings.
5. Renovate and operate at least one city-owned building to meet or qualify for a green building
standard.
6. Create an internal loan fund for making public building improvements based on an energy or green
building standard.
7. Install in at least one public building at least one of the following energy efficiency measures:
a. A distributed energy technology: micro-turbine, fuel cell, reciprocating engine.
b. A ground-source, closed loop geothermal system where net greenhouse gases are less than
those generated by the system being replaced.
EAGAN’S ACTIONS:
Required action 1 (not complete): Enter baseline information into the Minnesota B3 database and continue
entering monthly energy use data from city-owned buildings (The City entered preliminary data into B3
system, but does not currently use the program to continue monitoring monthly energy use data). A training
has been scheduled with City staff to utilize the B3 system.
Completed required action 2: Complete an energy audit of all buildings in the bottom third of the B3 energy
performance ranking and implement the majority of energy efficiency improvements that will payback in
under 5 years.
Page | 12
Completed action 5: The new Fire Safety Center, which will be completed in Spring 2011 will be the first
fire station in the country certified as a Green Globe facility.
Completed additional action 7b: Eagan was granted a Federal stimulus, which they used to monitor their
energy use in their city owned buildings and have implemented energy conserving tactics. In their Civic
Arena and in the new Fire Safety Center (opening Spring 2011) there is now a closed loop geothermal
system, which satisfies action #7b.
CONTACT: Mike Sipper, City Building Maintenance Engineer
Page | 13
Buildings and Lighting (2 Best Practices Required)
Best Practice #2: Efficient Existing Private Buildings (OPTIONAL)
Work with utilities and others to assess and finance energy and sustainability improvements of
existing structures
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS:
Eagan may implement this best practice by completing at least two actions if they choose to implement this
best practice.
BEST PRACTICE SUMMARY:
1. Create a marketing and outreach program with the local utility and/or the local Community Action
Program to promote residential energy use reduction and energy efficiency.
2. Integrate green building information into the building permit process.
3. Develop a (or modify an existing) truth-in-housing inspection program for homes being sold, to
include a blower-door test and energy-use rating.
4. Document at least one of the following green building practices, partnering with an assistance
provider such as a utility, EnergySmart, MNTAP or ReTAP as appropriate:
a. Building energy improvements in businesses.
b. Use of Energy Star's Portfolio Manger by businesses.
c. The construction of and/or operation of a least three buildings to meet or qualify for a green
building standard.
5. Take action to conserve drinking water resources through at least one the following:
a. Implement a robust watering ordinance.
b. Implement a conservation rate structure.
c. Adopt, with modifications as necessary, a model landscaping ordinance to allow for low
water-use landscaping.
d. Create a rebate or feebate program to promote purchases of WaterSense- and Energy Star-
rated appliances.
6. Provide a meaningful and significant incentive to private parties (builders, homeowners, businesses,
institutions) who renovate to a green building standard:
a. Building permit fee discount
b Grant, rebate or tax breaks (e.g., property tax abatement)
c. Expedited permit review
d. Green building design assistance
e. Density bonus
7. Customize a model sustainable building renovation policy and adopt language governing
commercial renovation projects that:
a. Receive city financial support, and/or
b. Require city regulatory approval (conditional use permit, rezoning, PUD status).
8. Arrange for on-bill financing, using either utility or property tax bills, to make home/building
sustainability improvements easier and more affordable.
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EAGAN’S ACTIONS:
Completed action 4c: There are four Buildings in Eagan that are LEED Certified: Eagan Place Professional
Building (silver), Lebanon Hills Visitor Center (silver), Lockheed Martin (silver), and Allan L. Schuman
Corp. Campus Ecolab (gold).
Completed actions 5 a, and b: The City of Eagan has a permanent conservation program for outside water
usage. This permanent system is in effect throughout the entire outdoor watering season.
CONTACT: Jon Hohenstein, Director of Community Development
Mike Ridley, City Planner
Dianne Miller, Assistant to the City Administrator
Dale Schoeppner, Chief Building Official
Wayne Schwanz, Utility Superintendent
Page | 15
Buildings and Lighting (2 Best Practices Required)
Best Practice #3: New Green Buildings (OPTIONAL)
Construct new buildings to meet or qualify for a green building standard
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may implement this best practice by completing at least one public realm action (1) or (2) and at least
one private realm action (3) through (6).
BEST PRACTICES SUMMARY:
1. Build at least one, or require by ordinance, new city-owned buildings and substantial remodels to
meet or qualify for a green building standard.
2. Work with the local school district to ensure that all new schools are built to a green building
standard.
3. Customize a model sustainable building policy and adopt language governing new private
development projects that:
a. Receive city financial support, and/or
b. Require city regulatory approval (conditional use permit, rezoning, PUD).
4. Provide a meaningful and significant incentive to private parties (residents, builders, developers)
who build to a green building standard:
a. Building permit fee discount
b. Expedited permit review
c. Green building design assistance
d. Grant, rebate or tax breaks (e.g., property tax abatement)
e. Density bonus
5. Adopt covenant guidelines for common interest communities addressing issues such as stormwater,
native vegetation, growing food, clothes lines and renewable energy.
6. Work with local financial institutions to use energy-efficient mortgages for buildings seeking a green
building certification.
EAGAN’S ACTIONS:
Completed Action 1: Eagan’s new Green Globes certified Fire Safety Center will meet this requirement
CONTACT: Jon Hohenstein, Director of Community Development
Mike Ridley, City Planner
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Buildings and Lighting (2 Best Practices Required)
Best Practice #4: Efficient Outdoor Lighting and Signals (OPTIONAL)
Improve the efficiency of public and private lighting and signals
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS:
Eagan may implement this best practice by completing at least two actions, including one of actions (5)
through (8).
BEST PRACTICE SUMMARY:
1. Require energy efficient, Dark-Sky compliant new or replacement outdoor lighting fixtures on city-
owned buildings and facilities.
2. Require all new street lighting and traffic signals to be Dark-Sky compliant, energy efficient lighting
technologies
3. Modify any city franchise or other agreement with a utility to facilitate rapid replacement of
inefficient street lighting.
4. Synchronize traffic signals so as minimize car idling at intersections yet maintain safe and publicly
acceptable vehicle speeds.
5. Install solar powered lighting in a street, parking lot or park project.
6. Work with a utility program to relamp exterior building lighting for at least 30% of city-owned
buildings with energy efficient, Dark-Sky compliant lighting.
7. Replace at least 50% of the city's parking lot lighting with Dark-Sky compliant, energy efficient,
automatic dimming lighting technologies.
8. Replace at least one-third of the city's existing traffic signals with energy efficient LED or equivalent
lighting technologies.
EAGAN’S ACTIONS:
Completed Action 4: The City, in partnership with Dakota County, has synchronized traffic signals on Pilot
Knob Rd, Yankee Doodle Rd and Cliff Rd for directional rush hours. The City also has added two
roundabouts and two flashing yellow left turn arrow signals to reduce idling time. Three more flashing
yellow arrow signals are planned for 2011.
Completed Action 8: All traffic signals in the city have LED lights.
CONTACTS: Tim Plath, Transportation and Operations Engineer
Paul Olson, Superintendent of Parks
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Buildings and Lighting (2 Best Practices Required)
Best Practice #5: Building Reuse (OPTIONAL)
Create economic and regulatory incentives for redeveloping and repurposing existing
buildings before building new
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS:
Eagan may implement this best practice by completing at least one of the following actions.
BEST PRACTICE SUMMARY:
1. Develop and adopt an historic preservation ordinance to encourage adaptive reuse, with attention to
energy and resource conservation, indoor air quality and other green building practices.
2. For cities with traditional downtown areas, implement the Minnesota Main Street model for
commercial revitalization with attention to green building practices.
3. Work with a local school to either add-on space, or to repurpose space into non-school uses, with
attention to green building practices.
4. Create/modify a green residential remodeling assistance/financing program to assist homeowners in
adding space to their existing homes while retaining historic architectural elements.
5. Adopt development and design standards that facilitate infill and redevelopment, such as developing
strip/large format commercial areas into more livable/walkable neighborhoods and gathering places.
EAGAN’S ACTIONS:
Completed Action 5: The City's Comprehensive Plan has policies with respect to building on
existing pedestrian facilities and enhancing and further connecting them as projects and funding
permit. The City applies the policy with respect to street improvements and reconstruction in
which it considers the installation of appropriate pedestrian facilities - sidewalks or trails - as
each project is designed. The City has implemented pedestrian improvements in the Town
Centre area and has received a grant to study additional pedestrian connections of this kind in
other retail areas through the State’s Statewide Health Improvement Program (SHIP). In its
major mixed use redevelopment, the City is implementing a transit oriented, walkable design
framework through its Cedar Grove Zoning District and Design Standards. The City approved
their Community Transportation Trail System Policy on 12-13-04.
CONTACTS: Jon Hohenstein, Director of Community Development
Mike Ridley, City Planner
Juli Johnson, Director of Parks and Recreation
Page | 18
Land Use (2 Best practices required)
Best Practice #6: Comprehensive Planning and implementation (REQUIRED)
Adopt a Comprehensive Plan and tie regulatory ordinances to it
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan must implement this best practice by completing action (1) and (2). If Eagan chooses to complete
action (5), we may claim credit for implementing a floating best practice.
BEST PRACTICES SUMMARY:
1. Adopt/have an adopted comprehensive plan that is less than ten years old (required for Category A
cities) OR, Category B and C cities may simply adopt a land use plan that was adopted by a regional
entity or the county less than ten years ago.
2. Demonstrate that regulatory ordinances comply with the comprehensive plan including but not
limited to having the zoning ordinance explicitly reference the comprehensive plan as the
foundational document for decision making.
3. Include requirements in comprehensive plans for intergovernmental coordination dealing with at
least six of the following issues:
a. Transportation
b. Watershed impacts
c. Land use
d. Economic development
e. Housing and foreclosures
f. Police
g. Fire
h. Health
i. Sewer and water
4. Include ecologic/transportation provisions in the comprehensive plan that explicitly aim to achieve at
least two of the following goals:
a. Minimize the fragmentation and development of agricultural, forest, wildlife, and high
quality open space lands in and around the city.
b. For cities adjacent to undeveloped land, establish a growth area with staging criteria that
reflects projected population growth and, if applicable, is subject to an orderly annexation
agreement and planned extension of municipal services.
c. Establish policies with numerical targets to reduce vehicle miles traveled.
5. Adopt climate protection or energy independence goals and objectives in the comprehensive plan or
in a separate policy document, and link these goals to direct implementation recommendations.
EAGAN’S ACTIONS:
Completed Action 1: The last comprehensive plan was completed in 2008 and adopted on April 6, 2010.
Completed Action 2: The zoning ordinances reflect that the Comprehensive Plan is the official guide and
long range plan for the city.
Completed Action 3: The Comprehensive Plan is the official guide and long range plan for the City).
Completed Action 4a: The comprehensive plan includes this policy. (Action 4b is not applicable).
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Action 4 c In Progress: - Eagan needs established policies including numerical targets reflecting the actions
currently being taken to reduce miles driven by city fleet vehicles.
Action 5 In Progress: The City has adopted the following sustainability goal, but has not created
implementation recommendations directly tied to the goal: “Exemplify a broad-based and
comprehensive commitment to environmental sustainability and energy efficiency 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.”
CONTACTS: Jon Hohenstein, Director of Community Development,
Mike Ridley, City Planner
Page | 20
Land Use (2 Best practices required)
Best Practice # 7: Higher density (OPTIONAL)
Enable and encourage a higher density of housing or commercial land use
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
To implement this best practice, Eagan must complete at least one of the following actions.
BEST PRACTICES SUMMARY:
1. Limit barriers to higher density housing by including in the city zoning ordinance and zoning map a
zoning district that allows:
a. Neighborhood single-family density at six units per acre or greater.
b. Multi-family housing at a gross density of at least 15 units per acre adjacent to a commercial
zoning district or transit node.
2. Encourage higher density housing through at least two of the following strategies:
a. Incorporate a flexible lot size/frontage requirement for infill development.
b. Use density and floor area ratio (FAR) bonuses in selected residential zoning districts.
c. Tie a regulatory standard to comprehensive plan language defining compact city expansion
zones that limit low-density development.
d. Allowing accessory dwelling units by right in selected zoning districts.
3. Encourage a higher intensity of commercial land uses through at least one of the following
strategies:
a. Include in the city zoning ordinance and zoning map a commercial district with reduced lot
sizes and zero-lot-line setbacks, or a FAR minimum between .75 and 1.
b. Set targets for the minimum number of employees/acre in different commercial zones.
4. Provide one or more of the following incentives for infill projects, or for life-cycle housing at or near
job or retail centers, or for achieving an average net residential density of seven units per acre:
a. Building permit fee discount.
b. Expedited permit review.
c. Grant or tax breaks.
d. Other incentives.
5. Modify the city zoning ordinance and zoning map to allow, without variance or rezoning in at least
one district, developments that meet the prerequisites for LEED for Neighborhood Development
certification.
EAGAN’S ACTIONS:
Completed Action 1. b.: Eagan has increased the number of units per acre in the Cedar Grove Re-
development area anticipating 16+ units per acre and they will be in walking distance of both
commercial and transit opportunities.
Completed Action 2: Eagan permits flexibility in infill developments and the city’s comprehensive plan
designates three mixed use special areas.
Completed Action 4: Eagan works with the Dakota County Community Development Agency (CDA) to
provide a range of lifecycle housing opportunities through CDA funding sources. Examples include
numerous senior living facilities.
Page | 21
CONTACTS: Jon Hohenstein, Director of Community Development
Mark Ulfers, CDA Executive Director
Kari Gill, CDA Deputy Executive Director of Housing, Finance, and Development
Page | 22
Land Use (2 Best practices required)
Best Practice # 8: Efficient and Healthy Development Patterns (OPTIONAL)
Mix Land Uses
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS:
If Eagan chooses to implement this best practice, we must complete at least two of the following actions.
BEST PRACTICES SUMMARY:
1. Create a main street program or organize a Minnesota Design Team planning charrette.
2. Locate or lease a government facility that has at least two of these attributes:
a. Adjacent to an existing employment or residential center.
b. Designed to facilitate and encourage access by walking and biking.
c. Accessible by existing regular transit service.
3. Modify a planned unit development - PUD - ordinance to emphasize mixed use development or to
limit residential PUDs to areas adjacent to commercial development.
4. Certify a new development as complying with LEED-ND standards, including the mixed-use credits.
5. Create, or modify an existing, downtown zoning district to allow residential and small compatible
commercial development, based on the Minnesota Model Ordinances for Sustainable Development.
6. Create, or modify an existing, district to use form-based zoning standards that de-emphasize use-
based standards.
7. Create incentives for vertical mixed-use development in appropriate locations (downtown,
commercial districts near colleges or universities, historic commercial districts).
EAGAN’S ACTIONS:
Completed Action 1: The Cedar Grove redevelopment was approved on the basis of the Cedar/13 Study,
which included a planning charrette to get feedback from stakeholders.
Completed Action 2: The library and community center are near an existing employment or residential area
and are accessible by walking or biking.
Completed Action 7: Land cost write downs are available in the Cedar Grove Redevelopment District to
encourage high density mixed use development.
CONTACTS: Jon Hohenstein, Community Development Director
Mike Ridley, City Planner
Page | 23
Land Use (2 Best practices required)
Best Practice # 9: Efficient Highway-Oriented Development (OPTIONAL)
Adopt commercial development and design standards for highway road corridors
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan must complete at least one of the following actions if we choose to implement this best practice.
BEST PRACTICES SUMMARY:
1. Conduct a visual preference survey with community members and establish design goals for
highway corridors.
2. Participate in regional economic development planning with representatives from surrounding
townships, cities, the county and business interests to:
a. Estimate commercial/industrial needs among all jurisdictions.
b. Jointly implement recommendations to stage highway commercial development in order to
avoid overbuilding and expensive low-density development.
3. Adopt transportation infrastructure design standards that accomplish at least one of the
following:
a. Improve the ecologic functions of land adjacent to highway corridors.
b. Facilitate clustering of commercial highway development.
c. Context-sensitive design.
4. Adopt, with modifications as necessary, at least one of the following corridor management and
design model ordinances:
a. Model access management overlay
b. Highway Commercial District
c. Adequate Public Facilities ordinance that stages highway commercial development
concurrently with infrastructure expansion.
5. Require decommissioning in development agreements for large format developments should they
remain vacant for several years.
EAGAN’S ACTIONS:
Completed Action #2: City is participating with local businesses, multiple local agencies, two chambers of
commerce, and Dakota County to strategically plan for the transportation infrastructure and economic
development needs along regional corridors, such as the Robert Street Corridor, for the transport of
goods, transit and broadband.
CONTACTS: Ruthe Batulis, Northern Dakota County Chamber of Commerce
Jon Hohenstein, Community Development Director
Page | 24
Land Use (2 Best practices required)
Best Practice # 10: Conservation Design (OPTIONAL)
Adopt development ordinances or processes that protect natural systems
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Complete at least one of the following actions if Eagan chooses to implement this best practice.
BEST PRACTICES SUMMARY:
1. Conduct a Natural Resource Inventory and Assessment (NRI and NRA) and incorporate protection
of priority natural systems or resources through the subdivision or development process, as described
in Minnesota's 2009 Model Ordinances for Sustainable Development.
2. For cities outside or on the fringe of metropolitan areas, conduct a cost of public services study for
development outside the city grid and adopt development standards or a concurrency ordinance to
ensure staged urban growth that protects natural systems.
3. For cities within metropolitan areas, incorporate by policy woodland best management practices
into zoning or development review.
4. For cities with undeveloped natural resource areas use, or adopt as policy the use of, a conservation
design scorecard as a tool in negotiating development agreements.
5. Develop and fund a conservation easement program, such as a purchase of development rights
program, in collaboration with a land trust.
EAGAN’S ACTIONS:
Completed Action 1: City approved updated Water Quality and Wetland Management Plan on July 17,
2007. Incorporated wetland inventory, mapping, and assessment for purposes of classification.
Completed Action 5: The City has partnered with other entities (e.g. Dakota County) to fund conservation
easements to preserve land in the Eagan Core Greenway.
CONTACTS: Eric Macbeth, Water resources Coordinator
Juli Seydell Johnson, Director of Parks and Recreation
Page | 25
Transportation (2 best practices required)
Best Practice # 11: Complete Green Streets (REQUIRED)
Create a network of multimodal green streets
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS:
Eagan must implement this best practice by completing action (1) and two additional actions.
BEST PRACTICES SUMMARY:
1. Adopt a complete streets policy that addresses street trees and stormwater, and modify street
standards accordingly.
2. Adopt zoning language for a selected area/project that is substantially equivalent to the LEED for
Neighborhood Development credits for Walkable Streets or Street Network.
3. Document the installation of trees, other green stormwater infrastructure, and utility renovations
as needed (sewer, water, electric, telecommunications) as part of at least one complete street
reconstruction project.
4. Identify and remedy non-complete street segments by, for example, adding a bike route/lane or
sidewalk.
5. Identify and remedy street-trail gaps (at least one) between city streets and trails/bike trails to better
facilitate walking and biking.
6. Implement traffic calming measures in at least one street redevelopment project.
EAGAN’S ACTIONS:
Action # 1 required: Eagan must prepare a complete green streets policy that is encouraged by Minnesota
statute chapter 351, section 52. The policy must address street trees and stormwater, and incorporate
appropriate standards to facilitate a transportation system that accommodates multiple modes and
users of all ages and abilities. According to the MPCA, the City could adopt a resolution denoting the
Complete Street efforts of the City to meet this best practice. City staff is currently preparing that
resolution for Commission consideration.
Completed Action #5: Eagan approved Community Transportation Trail System Policy December 13, 2004.
The City also adopted a Trail Connection Policy in January 2011.
Completed Action #6: Eagan has completed the installation of two roundabouts, which are considered traffic
calming measures. Eagan has also been installing radio transmitted traffic signals, and is incorporating
the use of yellow left turn signals in several locations.
CONTACT: Tim Plath, Transportation and Operations Engineer
Page | 26
Transportation (2 best practices required)
Best Practice #12 Mobility options (REQUIRED)
Promote active living and alternatives to single-occupancy car travel
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan must complete at least two actions.
BEST PRACTICES SUMMARY:
1. Promote walking, biking and transit use by one or more of the following means:
a. Produce/distribute a map(s) and/or signage and/or a web site that shows (by neighborhood if
a larger city) key civic/commercial sites, best bike and pedestrian routes, and transit routes
and schedules.
b. Increase the number of bike facilities, such as racks, bike stations, showers at city offices.
c. Add bus infrastructure, such as signage, benches, shelters and real-time arrival data
streaming.
d. Increase the number of employers who offer qualified transportation fringe benefits instead
of only a tax-free parking fringe benefit.
e. Launch an Active Living campaign in concert with your local community health board.
2. Launch a Safe Routes to School program with educational, public health and other partners.
3. Prominently identify on the city's web site mobility options for hire: transit services;
paratransit/Dial-A-Ride; cab service(s); rental car agency(s).
4. Promote carpooling or ridesharing among community members, city employees, businesses, high
schools and institutions of higher education.
5. Launch an eWorkPlace Minnesota campaign, working with business and transportation management
organizations, or help bring telemedicine technology to a local health care provider.
6. Accomplish at least one of the following transit/mobility sharing projects, working with other units
of local governments as needed:
a. Add/expand transit service.
b. Launch a car sharing or bike sharing business.
EAGAN’S ACTIONS:
Completed action 1 a, c, and e: It is fulfilled that action by having easy and assessable maps available
through signage along various routes and bicycle trails maps which are provided on the City of Eagan
website. The transit routes may also be found via the City of Eagan website and MVTA website. There
is an increased bus and transit availability in the City. Examples have included the Cedar Avenue Bus
Rapid Transit Corridor, and the new transit station in the Cedar Grove redevelopment area. The City has
an active wellness program for employees. The program encourages employees and residents to
participate in Healthy Steps, a Dakota County walking effort and also provides regular brown bag lunch
opportunities to review wellness initiatives, such as retirement planning, stress reduction, caring for
elderly parents, weight loss challenges. The City also received State Health Improvement Program
(SHIP) funding for the addition of bike racks, wayfinding signage for trails, and an incentive program to
get people to walk to City events and facilities.
Completed action 6 a: Cedar Avenue Bus Rapid Transit Corridor is under construction. A new
Park and Ride facility opened in 2010 in the Cedar Grove Redevelopment Area.
Page | 27
CONTACT: Tom Colbert, Public Works Director
Tim Plath, Transportation and Operations Engineer
Juli Johnson, Director of Parks and Recreation
Page | 28
Transportation (2 best practices required)
Best Practice # 13: Efficient City Streets (Optional)
Implement a city fleet investment, operations and maintenance plan
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS:
Eagan must complete at least two actions if they choose to implement this best practice.
BEST PRACTICES SUMMARY:
1. Decrease use of city vehicles by means such as trip bundling, video conferencing, carpooling and
financial incentives for efficient vehicle use.
2. Right-size the city fleet with the most fuel-efficient vehicles that are of an optimal size/capacity for
their intended functions.
3. Document the phase-in of at least three of the following equipment and operational changes in
vehicle contracts, for city or local transit fleets, or for school/park board fleets:
a. Monthly monitoring and reporting for staff on fuel usage and costs.
b. Training for more efficient driving, including anti-idling behavior/rules.
c. Maintenance schedules that optimize vehicle life and fuel efficiency.
d. Alternative fuel vehicles.
e. Charging stations (solar or wind powered) for plug-in hybrid and full electric vehicles.
f. Lower-carbon fuels (such as biodiesel, straight vegetable oil) using a life-cycle calculation.
g. More fuel-efficient vehicles.
h. Car share vehicles owned by a third party to decrease fleet size.
i. Bicycles.
4. Phase in bike, foot or horseback police patrols.
5. Document that the local school bus fleet has optimized routes, start times, boundaries, vehicles, bus
fuels, and driver actions to decrease fuel use.
6. Participate in Project GreenFleet to retrofit or replace diesel engines, or to install auxiliary power
units that reduce truck and bus idling.
EAGAN’S ACTIONS:
Completed Action 1: Eagan has downsized the type of vehicles used in various fleets. Eagan's first fire
response now has more efficient vehicles by replacing the 12MPG Ford Explorers with the 21MPG Ford
Escapes. Two hybrid vehicles, the 30+MPG Ford Fusions, are utilized for administrative purposes to
replace the old 20MPG Impalas. Eagan has replaced a street maintenance vehicle with a seasonal worker
riding a bike for boulevard maintenance. Automatic Vehicle Locator (AVL) program implemented to
increase patrol efficiency during snow emergencies.
Completed Action 2: Several vehicles have been downsized in the maintenance fleet. Two hybrid vehicles
were purchased as a pilot program to determine efficiency (both in terms of fuel and operational cost) of
using hybrid vehicles in the City’s fleet.
Completed Action 3: Current monthly fuel usage for each City vehicle is monitored and reported. All Eagan
employees are subjected to the 'no idling policy'. All unattended vehicle must be shut off. Maintenance
is completed per manufacturers’ instructions. Two hybrid vehicles are in use. The City also
Page | 29
implemented a program where boulevard maintenance is completed by a seasonal worker who uses a
bicycle, which tows a very small trailer with necessary equipment.
Completed Action 5: ISD 196 in Eagan uses a computerized route optimizer for their school bus fleets to
optimize the distances traveled. Three tiers for school starting times are also used to reduce the sizes of
fleets and buses on the roads. A no idling policy is also set to ensure buses are not running while
unintended.
CONTACT: Tom Colbert, Public Works Director
Tom Streefland, Public Works Department
ISD 196 Transportation Division, 651-423-7685
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Transportation (2 best practices required)
Best Practice #14 Demand-Side Travel Planning (OPTIONAL)
Use Travel Demand Management and Transit-Oriented Design
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may implement this best practice by completing at least two actions.
BEST PRACTICES SUMMARY:
1. In development standards, right-size parking minimum standards and add parking maximums in
pedestrian-friendly or transit-served areas.
2. For cities with regular transit service, require or provide incentives for the siting of retail services at
transit/density nodes.
3. For cities with regular transit service, require or provide incentives for the siting of higher density
housing at transit/density nodes.
4. Incorporate demand-side transportation strategies into development regulations, adopting, with
modifications as necessary, at least one of the following from Minnesota's 2009 Model Ordinances
for Sustainable Development:
a. Travel Demand Management Performance Standard
b. Transit-Oriented Development district ordinance
5. Document that a development project certifies under the LEED for Neighborhood Development
program and is awarded at least one of the following credits:
a. Transportation Demand Management.
b. Housing and Jobs Proximity.
EAGAN’S ACTIONS:
Action 1 Incomplete: The City previously updated its parking minimum standards to reduce numbers by
increasing ratios, with appropriate tiers based on the type of development. Some of the larger expanses
of pavement in town would not be required today. However, some retailers define their own ratios and
will exceed Eagan’s requirements. The City does not have parking maximums in pedestrian or transit
oriented areas, but it does focus on shared and cross parking opportunities where adjacency and
proximity of complementary uses support it. The city has not embraced the 8½’ x 18’ stall standard.
While the city has permitted stall size reductions in office and other locations with relatively little
parking turnover, it is not as practical in commercial areas with high turnover for a variety of reasons.
CONTACT: Jon Hohenstein, Director of Community Development,
Mike Ridley, City Planner
Page | 31
Environmental Management (4 best practices required)
Best Practice # 15 Purchasing (REQUIRED)
Adopt an environmentally preferable purchasing policy
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS:
Eagan must complete action (1) and at least one additional action
BEST PRACTICES SUMMARY:
1. Adopt a policy or administrative policy directing that the city purchase only:
a. EnergyStar certified equipment and appliances and
b. Paper containing at least 30% post-consumer recycled content.
2. Purchase 15% of city government's energy requirements from renewable energy sources.
3. Establish a local purchasing preference and, working with a local business association, develop a list
of locally-produced products and suppliers for common purchases.
4. Require purchase of U.S. EPA WaterSense-certified products for all product categories covered by
the WaterSense program.
5. Set minimum standards for the percentage of recycled-content material in at least 5 products
typically purchased by the city, such as asphalt and roadbed aggregate.
6. Require printing services to be purchased from companies certified by Minnesota Great Printers or
by the Sustainable Green Printing Partnership.
7. Lower the environmental footprint of meetings and events in the city through one or more of the
following:
a. Adopt a policy for meetings and events hosted by city government.
b. Adopt a policy for meetings and events taking place on city property, including parks and
libraries.
c. Distribute educational materials for use at city-supported events such as National Night Out.
8. Specify the use of state and national green standards/guidelines for at least 3 of the following
categories of purchasing:
a. Electronics, including printers, printer supplies - especially remanufactured cartridges - and
printer operation.
b. Wood products
c. Organic food
d. Cleaning products
e. Paints, coatings and adhesives
f. Carpets
g. Furniture
h. Paper products
EAGAN’S ACTIONS:
Action 1 Required: Eagan purchases 30% envirocopy recycled paper. The city can complete this action by
adopting a policy to purchase only EnergyStar certified equipment and appliances, and also formalize
in the policy the City’s approach to only purchasing recycled paper.
Page | 32
Action 8 Recommended: The city already purchases green cleaning products, recycled content carpet in the
Municipal Center, and recycled paper products. This action can be completed by specifying the use of
state and national green standards/guidelines for these products.
CONTACTS: Mike Sipper, Building Engineer
Maria Petersen, City Clerk
Mark Vaughn, Campus Facilities Manager
Dianne Miller, Assistant to the City Administrator
Kristi Peterson, IT Manager
Tim Plath, Transportation and Operations Engineer
Page | 33
Environmental Management (4 best practices required)
Best Practice # 16 Urban forests (REQUIRED)
Increase city tree and plant cover
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS:
Eagan must complete at least two actions.
BEST PRACTICES SUMMARY:
1. Qualify as a Tree City USA.
2. Adopt as policy MN Tree Trusts' Best Practices and use the guidelines in at least one development
project to achieve an excellent or exemplary rating.
3. Budget tree installation and maintenance to, within 15 years, achieve the following tree canopy
shading for streets, sidewalks and parking lots in the following zoning districts:
a. At least 25% for industrial and commercial zoning.
b. At least 75% for residential zoning.
4. Maximize tree planting along your main downtown street.
5. Adopt at least one of the following ordinances/policies:
a. Adopt a policy of no net loss of specified natural landscapes.
b. Adopt an ordinance/policy relating to protection of trees on parcels affected by city
planning/regulatory processes.
c. Adopt landscaping/nuisance ordinances that promote, rather than create barriers for, native
vegetation.
EAGAN’S ACTIONS:
Completed Action 1: Eagan is certified as a Tree City USA
Action 3: Eagan has a green space ordinance, which includes pervious/impervious requirements as well as
tree mitigation policies, but no requirements pertaining to canopies per se. The City is likely close to
meeting these percentage requirements, but nothing documented at this time. The City’s GIS staff is
currently working with Dakota County to determine if any GIS technology would allow us to determine
our tree canopy percentages.
Completed Action 5b: The City had adopted a Tree Preservation Ordinance that requires the
replacement/mitigation of significant trees or woodlands removed during development in excess of an
allowable removal limit of approximately 20-40%, as determined by the development type. The number
of mitigation trees installed is determined by a formula based upon the size and type of the tree removed
and size of the replacement. The ratio for replacement to removal ranges from 1:1 to 12:1.
Action 5 a or 5 c: Must verify a policy of no net loss of specified natural landscapes –OR- must verify
landscaping ordinances promote native vegetation.
CONTACTS: Jon Hohenstein, Director of Community Development,
Gregg Hove, Forester
Page | 34
Environmental Management (4 best practices required)
Best Practice # 17 Efficient Stormwater Management (REQUIRED)
Minimize the volume of and pollutants in water runoff
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan must implement this best practice by completing at least one action.
BEST PRACTICES SUMMARY:
1. Complete the Blue Star City stormwater management assessment and achieve a minimum threshold
of specific activities detailed in this program.
2. Adopt by ordinance one or more of the following:
a. A narrower streets provision that permits construction of 24-foot roads for public, residential
access and subcollector streets (with fewer than 500 average daily trips).
b. A 1.5 inch rainfall on-site rainwater infiltration design requirement for construction sites.
c. A stormwater runoff volume limit to pre-development volumes for the 5-year, 24-hour
rainfall maximum event.
3. Maintain less than 12% impermeable surfaces in the watershed in which the city lies.
4. Create a stormwater utility, that uses variable fees to incentivize enhanced stormwater management
and funds community stormwater infrastructure and assistance/education programs.
5. Adopt and implement design standards or guidelines for development and re-development in the city
establishing requirements for at least one of the following:
a. Rain gardens.
b. Green roofs with or without cisterns and water/greywater reuse systems.
c. Green alleys.
d. Green parking lots.
6. Adopt an ordinance with erosion and sediment control provisions as well as requirements for
permanent stormwater treatment.
EAGAN’S ACTIONS:
Action 5a In Progress: Over 50 rain gardens have been constructed within the public right-of-way over the
past three years to establish presence while investigating best practices/design standards.
Completed action 6: Eagan’s City Ordinances 4.32 and 4.33 address these provisions. They are included as
part of City's Storm Water Pollution Prevention Program (SWPPP) in response to its Municipal Separate
Storm Sewer System (MS4) permit.
CONTACT: Tom Colbert, Public Works Director
Page | 35
Environmental Management (4 best practices required)
Best Practice # 18 Green Infrastructure (OPTIONAL)
Enhance city parks and trails
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may choose to implement this best practice by completing at least three actions.
BEST PRACTICES SUMMARY:
1. Identify gaps (connectivity breaks) in your city's system of parks, trails and open spaces, and remedy
at least one of them.
2. Plan and budget for a network of parks, green spaces, water features and trails in all new
development areas.
3. Document at least one of the following performance measures:
a. At least 20% of total city land area in protected green infrastructure (parks and protected
natural resource areas and trails).
b. All residents are within one-half mile of a park or protected green space.
4. Adopt low-impact design standards in parks and trails that infiltrate or retain all 2 inch, 24-hour
storm water events on site.
5. Create park management standards that maximize at least one of the following:
a. Low maintenance native landscaping.
b. Organic or integrated pest management.
c. Sources of non-potable water for irrigation.
6. Certify at least one golf course in the Audubon Cooperative Sanctuary Program for Golf Courses.
7. Construct all new park buildings to a green building standard, with special attention to highlighting
and educating around the green features.
8. Develop a program to involve community members in land restoration and stewardship.
EAGAN’S ACTIONS:
Completed Action 1: Constructed two trail connectors; (1) Connection to Woodhaven Park amenities from a
redevelopment district that will have limited space for recreational opportunities (2) Walnut Hill trail
connection to the primary trail grid. City approved Community Transportation Trail System Policy 12-
13-04.
Completed action 3 b: Eagan has a policy in place (via the Comprehensive Guide Plan) that requires all
residential properties to be within ½ mile of a park.
Completed action 8: Eagan has implemented a Park Volunteer Program where residents and community
volunteers complete many park maintenance activities. Typical tasks include general clean-up
throughout the park, manual removal of invasive Buckthorn, or maintenance of specific landscape beds.
The City also operates Holz Farm, which includes annual plantings and harvesting of crops.
CONTACT: Juli Seydell Johnson, Parks and Recreation Director
Page | 36
Environmental Management (4 best practices required)
Best Practice # 19 Surface Water Quality (OPTIONAL)
Improve local water bodies
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan has at least one state-designated public water body within its boundaries and may choose to
implement this best practice by completing action (4) and at least one additional action.
BEST PRACTICES SUMMARY:
1. Assist at least one lake or river association to earn the Star Lake/River designation for their
lake/river.
2. Assist at least one lake or river association to become Star Lake/River-ready by achieving
nearly all of the program requirements.
3. Work with other organizations to support citizen education about and involvement with
actions to attain measurable, publicly announced surface water improvement targets for
lakes, streams and wetlands, adopted by the city council and reported on each year.
4. Adopt a shoreland ordinance consistent with MN Dept. of Natural Resources rules as
modified.
EAGAN’S ACTIONS:
Action 2 In Progress: Eagan approved a Water Quality Management Plan in June 1990 and
updated it on 7-17-07. Since 1990, the nationally awarded plan has contained components to
address components of the Star Lake/River management plan. The city is currently initiating
third and fourth lake management plans as part of a Minnesota Pollution Control Agency Clean
Water Partnership grant.
Action 3 In Progress: City cooperates with Blue Thumb education program, Dakota County Soil &
Water Conservation District activities, and provides training opportunities to construction
industry, developers and citizens through the City’s Storm Water Pollution Prevention Program
Team. To complete this action, the city would need to attain measurable surface water quality
improvements and publicly announce them each year. LM for Eric and Jessie to see if we
already report these numbers.
Completed Action 4: Eagan has established a shore land overlay district in Ordinances 4.33 & 11.65
CONTACT: Eric Macbeth, Water Resources Coordinator
Mike Ridley, City Planner
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Environmental Management (4 best practices required)
Best Practice # 20 Efficient Water and Wastewater Facilities (OPTIONAL)
Assess and improve drinking water and wastewater facilities
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may implement this best practice by completing actions (1) and (2) and at least one additional action.
BEST PRACTICES SUMMARY:
1. Compare the energy use and performance of your facilities with other peer plants using standardized,
free tools.
2. Plan and budget for motor maintenance and upgrades so as to assure the most energy efficient,
durable and appropriate equipment is available when upgrades or break downs occur.
3. Establish an on-going budget and program for decreasing inflow and infiltration into sewer lines,
involving at least gutter, foundation drains and sump pump disconnects.
4. Assess energy and chemicals use, inflow and infiltration volumes and pollutants, and implement
one-third of recommendations with a payback of less than 3 years.
5. Require property owners to have their private sanitary sewer lateral pipe inspected before a property
sale or title transfer.
6. Implement at least one of the following efficiency projects/programs:
a. Assist local businesses, institutions and/or residents in pre-treating and lowering volumes
and toxicity of sewer inflows.
b. Co-generate electricity and heat from the wastewater treatment plant.
c. Reuse water (sell reclaimed water) from a wastewater plant for nonpotable ag-processing,
irrigation or power plant uses.
d. A greywater reuse system in at least one public or private building.
EAGAN’S ACTIONS:
Action 1 Required: There is a state database for government buildings that requires periodic updates. It
is possible that utility buildings are not among those for which they gather information. This needs to
be explored further. To complete this best practice the city can use a variety of free tools such as the
state’s B3 database, Energy Star’s Portfolio Manager or U.S. EPA's Check Up Program for Small
Systems.
Completed Action 2: Utilities staff evaluate and upgrade motors on an annual basis as part of capital
planning.
Completed Action 3: Eagan has an Inflow and Infiltration Inspection program underway in the community.
Funding has been received from the Metropolitan Council for some program costs.
Completed Action 4: The city evaluates chemical usage by inflow (daily) and also on a yearly peak demand
ratio. Yearly “sludge” samples are analyzed for pollutants and reported to the pollution control agency.
Completed Action 6d: The City uses untreated well water that is at 40 degrees Fahrenheit to cool the water
treatment plants' heat pumps . Backwash waste water is also reclaimed by a plate settler, and reused at
the head of the city’s water plant.
CONTACT: Wayne Schwanz, Superintendent of Utilities
Page | 38
Environmental Management (4 best practices required)
Best Practice # 21 Septic Systems (OPTIONAL)
Implement an effective management program for decentralized wastewater treatment
systems
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may choose to implement this best practice by completing at least one of the actions below.
BEST PRACTICES SUMMARY:
1. Report to landowners suspected noncompliant or failing septic systems as part of an educational,
informational and financial assistance and outreach program designed to trigger voluntary landowner
action to improve septic systems.
2. Create a program that follows the five-step process for addressing failing septic systems developed
by the University of Minnesota's Onsite Sewage Treatment Program.
3. Clarify/establish one or more responsible management entities for the proper design, siting,
installation, operation, monitoring and maintenance of septic systems.
4. Adopt a subsurface sewage treatment system ordinance based on the Association of Minnesota
Counties' model ordinance.
5. Create a program to finance septic systems upgrades through, for example, a city revenue bond,
repayable through taxpayers' property taxes.
6. Work with homeowners and businesses in environmentally sensitive areas and areas where standard
septic systems are not the least-cost option to promote innovative waste water systems.
7. Arrange for assistance to commercial, retail and industrial businesses with water use reduction,
pollution prevention and pretreatment prior to discharge to septics.
EAGAN’S ACTIONS:
Completed Action 1: Eagan utilizes a County database of 250-300 residential units that are required to have
septic systems inspected every two years and pumped when needed. Private inspectors and pumpers are
contacted by residents on their own after receiving a notice from the County. The City contracts with
Dakota County, which manages the septic program.
Completed Action 3: If a new build, the City ensures systems comply with State and City regulations.
Completed Action 4: Eagan’s Subsurface Sewage Treatment System (SSTS) ordinance (currently being
updated) is available at: http://library1.municode.com/default-
test/home.htm?infobase=13070&doc_action=whatsnew
CONTACT: Dale Schoeppner, Chief Building Official
Page | 39
Environmental Management (4 best practices required)
Best Practice # 22 Solid Waste Reduction (OPTIONAL)
Increase waste reduction, reuse and recycling
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may implement this best practice by completing action (1) or (2) and at least one of actions (4)
through (8).
BEST PRACTICES SUMMARY:
1. Adopt percentage reduction goals for waste and toxicity generated from city operations (including
schools, libraries, parks, municipal health care facilities). Accomplish reduction goals in at least
three of the following areas:
a. Overall waste generation
b. Paper use and junk mail
c. Pesticide/herbicide use
d. Water use/waste water generation
2. Adopt and meet aggressive goals for the overall percentage diversion of currently disposed waste
from city operations into recycling and organics collection.
3. Document signing of at least one resource management contract with a waste hauler for one or more
of:
a. City government operations.
b. Schools, libraries, parks, or municipal health care facilities.
c. A commercial or industrial business.
4. Publicize, promote and use the varied businesses collecting and marketing used and repaired
consumer goods in the city/county.
5. Arrange for a residential or business/institutional organics collection/management program (food-to-
people, food-to-animals, composting, anaerobic digestion, and backyard composting).
6. Organize residential solid waste collection by private and/or public operations to accomplish
multiple benefits.
7. For cities that provide direct or contract waste collection services, offer volume-based pricing on
residential garbage and/or feebates on recycling so that the price differences are large enough to
increase recycling/composting but not illegal dumping.
8. Adopt a construction and demolition ordinance for projects over a specified size that mandates levels
of recycling and reuse for materials and soil/land-clearing debris and is tied to demolition permits.
EAGAN’S ACTIONS:
Action 1 or 2 Required: Neither the city nor Dakota Valley recycling have waste reduction goals. These
would need to be established and met.
Completed Action 3: Dakota County has components of a resource management contract through the waste
hauler Troje in various facilities within Eagan, including the Wescott Library and Lebanon Hills
Regional Park. ISD 196 has a resource management contract through Allied Waste which covers the
collection of trash, recyclables at all elementary, middle and high schools and also food waste at
elementary schools.
Action 5 In Progress: Dakota Valley Recycling continues to explore organics recycling; no program is in
place yet. Thomson Reuters has implemented a waste-to-food program, in which they donate food waste
to Second Harvest Farms, which is then used to feed hogs. See YouTube video at:
http://www.youtube.com/watch?v=ywCWR1wzPrw
Page | 40
CONTACT: Dianne Miller, Assistant to the City Administrator
Mike Sipper, Building Maintenance Engineer
Anne Olson, Dakota Valley Recycling
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Environmental Management (4 best practices required)
Best Practice # 23 Local Air Quality (OPTIONAL)
Prevent generation of local air contaminants
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may choose to implement this best practice by completing at least two of the actions below.
BEST PRACTICES SUMMARY:
1. Conduct an education/financial assistance campaign around one of the following wood burning/auto
exhaust issues:
a. Indoor and outdoor wood burning behavior, to ensure that wood burning is only done with
seasoned wood and in a manner that doesn't negatively impact neighbors.
b. Indoor wood burning technology, to result in community members upgrading from
inefficient/more polluting fireplaces and wood stoves to natural gas stoves and fireplaces or
the most efficient certified wood stoves.
c. Smoker cars - older model/high polluting vehicles, to result in repairs spurred by repair
vouchers.
2. Regulate outdoor wood burning, using model ordinance language, performance standards and bans
as appropriate, for at least one of the following:
a. Recreational burning.
b. Outdoor wood boilers.
3. Conduct one or more education/behavior change campaigns on the topics below and document:
a. Decreased vehicle idling in specific locales or by specific fleets.
b. Increased sales by retail stores of low and no-VOC household products.
c. Replacement of gasoline-powered equipment with lower polluting equipment.
4. Document the participation of at least 3 larger businesses using trucks in at least one of the
following:
a. Clean Air Minnesota's Project GreenFleet.
b. U.S. EPA's SmartWay Transport program.
c. Installation of auxiliary power units that reduce truck and bus idling.
5. Install at least two public charging stations for plug-in hybrid and full electric vehicles.
EAGAN’S ACTIONS:
Completed Action 2: Eagan has recreational burning regulations. See ordinance at
http://www.ci.eagan.mn.us/upload/images/Fire/Amendment%20to%20Sec%2010%2040%20–
%20Recreational%20Fires%20and%20Open%20Burning.PDF The city also recently adopted an
ordinance regulating outdoor wood burners requiring a set back of 350 ft. from property line.
Completed Action 3: Eagan has a No Idling policy for its city fleet, with few exceptions due to inclement
weather. The policy has resulted in a significant decrease in idling and has catalyzed cultural and
behavioral change across all departments.
CONTACT: Jon Hohenstein, Community Development Director
Dianne Miller, Assistant to the City Administrator
Mike Scott, Fire Chief
Page | 42
Economic and Community Development (3 best practices required)
Best Practice # 24 Benchmarks & Community Engagement (Required)
Adopt outcome measures for GreenStep and other city sustainability efforts, and engage
community members in ongoing education, discussion, and campaigns
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan must implement this best practice by completing at least actions (1) and (2). Completing an additional
action (beyond those required) allows this best practice to be counted as implementation of two best
practices.
BEST PRACTICES SUMMARY:
1. Report progress annually to community members on implementation of GreenStep City best
practices, including energy/carbon benchmarking data if gathered.
2. Organize goals/outcome measures from all city plans - comprehensive, parks, library, housing,
stormwater, drinking water, transportation, economic development, energy, sustainability, etc. - and
report (at least annually) to community members data that show progress toward meeting these
goals.
3. Engage community members in a public process involving a city council committee or community
task force that results in city council adoption of and commitment to measure and report on progress
toward sustainability indicators.
4. Conduct or support an energy efficiency or sustainability education and action campaign for:
a. The entire community
b. Homeowners
c. Block clubs/neighborhood associations
d. Congregations
e. Schools and youth
5. Conduct or support a community education, visioning and planning initiative using a sustainability
framework such as
a. Strong Towns
b. Transition initiatives
c. Eco-municipalities/The Natural Step
d. ISO 14001
e. Post Carbon Cities
f. Permaculture
g. Natural Capitalism
h. Genuine Progress
i. Healthy communities
j. Multi-generation learning
EAGAN’S ACTIONS:
Action 1 Required: Part of the adoption of GreenSteps Cities is the requirement to review and report
annually. In order to claim this best practice, Eagan must report to the community the efforts and
progress made on the GreenStep City program. The County is currently collecting greenhouse gas
Page | 43
data that is community specific, and when that data becomes available, it could be published along
with the City’s GreenStep efforts to date.
Completed Action 2: The City's annual budget includes performance measures in each department and
division, which are reported annually through the budget process. The City also publishes an annual
report via the Experience Eagan newsletter, which summarizes the City's goals and progress made on
those goals. Annual City Goals available at http://www.cityofeagan.com/live/page.asp?menu=41202
Completed Action 3: The City has created the Energy and Environment Advisory Commission, a 7-member
commission made up of residents who volunteer their time to make recommendations to the City
Council on ways to achieve the City's sustainability goals. The City also measures energy usage at
facilities, vehicle miles traveled, etc., most of which are reported to the Commission.
CONTACT: Dianne Miller, Assistant to the City Administrator
Page | 44
Economic and Community Development (3 best practices required)
Best Practice # 25 Green Business Development (REQUIRED)
Document the use of assistance programs for green business and job development
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan must implement this best practice by completing at least two actions.
BEST PRACTICES SUMMARY:
1. Identify new and emerging local businesses in the green economy and support these businesses and
green jobs through one or more of the following:
a. Coordinated marketing and business assistance.
b. Incubator space.
c. Streamlined grants, loans or permitting processes.
d. Workforce training opportunities with community colleges and job training centers.
2. Connect at least 5 businesses with assistance providers, including utilities, who conduct personalized
energy, environmental sustainability, and waste audits.
3. Distribute green tourism resources to all tourism and hospitality businesses in the city and facilitate
follow-up with at least 5 businesses to assist them in greening their business.
4. Support the creation of a value-added business utilizing local waste products, such as wood from
felled trees or reusable deconstruction and landscaping materials.
5. Document steps taken to lower the environmental footprint of a Brownfield remediation /
redevelopment project.
6. Use a green business certification program to publicly promote that a targeted number or percentage
of businesses have improved the environmental performance of their company.
7. Conduct or participate in a buy local campaign, working with local organizations and assistance
providers.
8. Work with the state Small Business Environmental Assistance Program (SBEAP) to help at least 5
regulated businesses to use SBEAP services.
EAGAN’S ACTIONS:
Action 2 In Progress: The City does not currently do this, but is aware that area utilities (Xcel and Dakota
Electric) offer personalized energy audits and the ARROW Program has access to waste assessment
tools. Dakota Valley Recycling has applied for a grant for Green Team Training for businesses and
working with utilities to provide environmental/energy audits to at least five businesses in Eagan.
Action 4 Complete: Gerten's Regional Eco-Services Facility is in Eagan, providing a business that provides
landscaping materials from recycled, composted materials.
Completed Action 6: The ARROW program promotes over 130 businesses, schools and non-profits, 44 of
which are located in Eagan. For businesses to qualify for membership to this program, they must report
on their practices in the areas of recycling, buying/selling environmentally preferable products, reusing
and reduction of resource use via energy efficiency, water conservation or other waste-reducing efforts.
ARROW website available at http://www.dakotavalleyrecycling.org/ARROW.
CONTACT: Susan Bast, Dakota Valley Recycling
Page | 45
Economic and Community Development (3 best practices required)
Best Practice # 26 Renewable Energy (Optional)
Remove barriers to and encourage installation of renewable energy generation capacity
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may choose to implement this best practice by completing two or more actions
BEST PRACTICES SUMMARY:
1. Adopt, with modifications as necessary, at least one of the following from Minnesota's 2009 Model
Ordinances for Sustainable Development:
a. Solar Energy Standards.
b. Model Wind Energy ordinance.
2. Consistently promote at least one of the following means of increasing renewable generation:
a. A local utility's green power purchasing program for homes and businesses.
b. Local, state and federal financial incentives for property owners to install renewable energy
systems.
3. Create a renewable energy financing program for property owners to install generation capacity.
4. Promote firms that contract with property owners (in groups or individually) to install/finance
renewable installations, some at little or no upfront cost.
5. Install a public sector renewable energy technology, such as solar electric (PV), solar hot water or
hot air, micro-hydro or wind.
6. Work with private/public partners to create renewable energy generation capacity with one or more
of the following attributes:
a. Fueled by flowing water, wind, or biogas.
b. Fueled in part or whole by woody biomass, optimized for minimal air and other
environmental impacts and for energy efficiency and water conservation.
c. Distributing heating/cooling services in a district energy system.
d. Producing combined heat and power.
EAGAN’S ACTIONS:
Action 1 In Progress: The City has not adopted solar energy standards or a wind energy ordinance,
but City Planner, Mike Ridley, has done initial research on both wind and solar ordinances. It is
anticipated that the Commission will discuss their application and potential consideration
further in the future.
Action 2 Incomplete: Both Xcel and Dakota Electric purchase some power from green sources and
offer property owners the alternative of subscribing to green power programs for some fraction
of their power needs. The City currently does not separately promote the programs.
Action 5 Planned: The City has investigated the cost efficiency of solar electric (PV) on a city-wide
scale and has found it to not be cost justified to date, but the Council has directed staff to
continue to monitor changes in energy or PV technology costs for future consideration.
CONTACT: Jon Hohenstein, Director of Community Development
Mike Ridley, City Planner
Page | 46
Economic and Community Development (3 best practices required)
Best Practice # 27 local food (OPTIONAL)
Strengthen local food and fiber production and access
STATUS FOR EAGAN: COMPLETE
SUMMARY OF REQUIREMENTS
Eagan must complete at least one action if we choose to implement this best practice
BEST PRACTICES SUMMARY:
1. Incorporate working landscapes - agriculture and forestry - into the city by adopting, with
modifications as necessary, one or more of the 2009 Minnesota Model Ordinances for Sustainable
Development:
a. Agriculture and Forest Protection District
b. Local Food Production District
c. Performance Standards for Minor and Major Agricultural Retail
2. Permit the incorporation of food growing areas/local food access into a residential development.
3. Expand/strengthen or create at least one of the following means of expanding local food access:
a. A farmer's market.
b. A community-supported agriculture (CSA) - arrangement between farmers and community
members/employees.
c. A community or school garden, orchard or forest.
d. A rural grocery store.
4. Conduct at least one of the following campaigns to measurably increase:
a. Purchase of local and Minnesota-grown food.
b. Backyard gardening.
c. Institutional buying of local foods by schools, hospitals/nursing homes, restaurants and
hotels, or grocery stores
d. Sale of local food in markets and restaurants.
EAGAN’S ACTIONS:
Completed Action 2: Eagan permits community gardens in agricultural, parks, research and development
and all residential districts as an accessory use,
Completed Action 3: Eagan is expanding and strengthening their farmers market. The farmer’s market,
known as Marketfest, is held every Wednesday from 4-8 p.m. at Central Park. The market runs from
June-September and features local food providers and artisans.
CONTACT: Juli Johnson, Parks and Recreation Director
Kerry Phillips, Marketfest Coordinator
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Economic and Community Development (3 best practices required)
Best Practice # 28 Business Synergies (OPTIONAL)
Network/cluster businesses to achieve better energy, economic and environmental outcomes
STATUS FOR EAGAN: NOT COMPLETE
SUMMARY OF REQUIREMENTS
Eagan may choose to implement this best practice by completing at least action (2), (3) or (4).
BEST PRACTICES SUMMARY:
1. Help at least three businesses register as users of the Minnesota Materials Exchange and document
their exchanges/sales of byproducts with other local/regional businesses.
2. Assist at least one business to use waste heat or water discharge from another business.
3. Require, build or facilitate at least four of the following in a business/industrial project:
a. Shared parking/access.
b. Shared recreation /childcare facilities.
c. A green job training program.
d. Green product development, manufacturing or sales.
e. Buildings located within walking distance of transit and/or residential zoning.
f. Renovated buildings.
g. Buildings designed for reuse.
h. Green buildings built to exceed the Minnesota energy code.
i. Combined heat and power (CHP) generation capacity.
j. Shared geothermal heating/cooling.
k. Low-impact site development.
4. Use eco-industrial park tools to identify industrial facilities that could achieve economic and
environmental benefit by co-locating in the city's industrial park or industrial zone.
EAGAN’S ACTIONS:
Action 1 In Progress: Dakota Valley Recycling regularly promotes many opportunities for reuse in all parts
of the community. This includes the Minnesota Materials Exchange, which was more recently advertised
in the 2010 ARROW newsletter, sent out to approximately 300 businesses and community members. In
addition to ARROW's general promotion of MME and the Minnesota Technical Assistance Program
(MNTAP) as a whole, Dakota Valley Recycling recently organized an event to help businesses connect
with waste-reducing opportunities."Reduce, Reuse, Recycle...and Reap Rewards" was held on October
14, 2010 as a means to encourage members of the business community in Eagan, Burnsville and Apple
Valley to engage in effective and practical ways of moving toward sustainable business practices. This
event included networking time with MNTAP, Minnesota Waste Wise, Recycling Association of
Minnesota (RAM) and a keynote speech on green business initiatives by Andy Acho, an environmental
initiative expert and former environmental strategy and outreach director for Ford Motor Company.
Action 3 In Progress: This BP requires at least four actions in ONE specific, inclusive project with the intent
of promoting comprehensive and highly visible projects. Numerous developments in Eagan meet variety
of actions. For example, the City frequently encourages shared parking and access for public and private
facilities. Its focus in new development and redevelopment areas is to place homes, jobs, shopping,
transit and recreation within walkable proximity. The City has also facilitated the renovation of the
Ethan Allen building, a single tenant facility into a multi-tenant retail building. The Spectrum Business
Page | 48
Center reused components from a dismantled Minneapolis-St Paul International Airport parking ramp as
the structural elements for an office showroom facility with parking on the top level.
CONTACT: Sue Bast, Dakota Valley Recycling
Jon Hohenstein, Director of Community Development
Juli Johnson, Director of Parks and Recreation
Page | 49
Appendix A
2010-2011 ENERGY AND ENVIRONMENT ADVISORY COMMISSION
VALUE STATEMENTS AND GOAL
The Commission drafted the following four value statements at the July
20, 2010 workshop, which were subsequently approved by the Eagan City
Council on August 17, 2010.
1.) Recommend initiatives to the City of Eagan and its constituents to
reduce waste and energy use in order to enhance Eagan’s environment.
2.) Recommend initiatives to the City of Eagan and its constituents to
protect the water, air, and soils in our City while enhancing the quality of life.
3.) Recommend initiatives to the City of Eagan and its constituents which
support renewal of City of Eagan facilities, infrastructure, land use policies
and efforts that will promote long range energy usage and resource
sustainability.
4.) Recommend initiatives to the City of Eagan and its constituents on
ways to partner with existing energy and environmental resources and
stakeholders in order to collect and disseminate information to empower the
public.
Proposed Goal:
1.) To have the City of Eagan named as a GreenStep City Program
participant and utilize the EEAC to review and identify how the 28 best
practices identified under the program are met in Eagan within the areas of
Buildings & Lighting. Land Use, Transportation, Environmental Management,
and Economic/Community Development.
Page | 50
Appendix B
Appendix Eagan’s Vision for the Environment, Development, and the Future
http://www.cityofeagan.com/live/page.asp?menu=5058
VIEW OF THE ENVIRONMENT
The City of Eagan will proactively protect its natural environment. The land, water and air, as well
as the things which live in them and on them, are important assets to be preserved and enhanced for
our own enjoyment and well-being and that of future generations. The City’s role with respect to
the environment shall be that of active steward and conservator. Pollution, abuse of the
environment and unnecessary modifications of the environment will be opposed. The City,
collectively and individually, will endeavor to maintain the environment, mitigate impacts on it and
enhance it to the extent possible.
VIEW OF DEVELOPMENT
The City of Eagan is committed to encouraging and fostering orderly, high-quality development
and redevelopment. The City will maintain a balanced variety of housing types, diversity of
commercial and industrial development and effective integration of land use types. Eagan is
planned to be a fully developed city in the future and efforts will be made to affect that growth in a
rational, deliberate manner in the best interests of all residents, both present and future. The City
will maintain its standards while recognizing the need to be sufficiently flexible and creative to
permit quality development to occur.
VIEW OF THE FUTURE
The City of Eagan recognizes that its future is shaped by the decisions made today. It is also
bounded by current circumstances and their dynamics over time. While growth and economic
vitality continue, services must continually adapt over time to meet the changing needs of a diverse
population, technological change and a global, service-based economy. To meet these needs, the
City must plan with vision, encourage balanced services and welcome orderly change.
Page | 51
Appendix C
GreenStep Cities Resolution
Page | 52
EEAC Building Energy Committee Report
April 2014
Requested Action:
Recommend to the City Council:
1. Adopt the following energy and greenhouse gas performance goals for city facilities:
a. 20% energy use reduction by 2020 and 40% by 2025 below a baseline year of
2013.
b. Reduce greenhouse gas emissions 80% by 2050
2. Develop and implement a strategic energy management plan to achieve the above
energy saving goals via cost effective measures, including:
a. annual energy use benchmarking for all city facilities
b. annual public disclosure of energy use and performance for all city facilities for
the previous calendar year by April 1
Statement of Purpose:
The Eagan Energy and Environment Advisory Commission was given the following direction by
the Eagan City Council in 2013:
EEAC 2013 - 2014 Workplan Item:
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.
Content:
This subcommittee report is organized into the following sections:
1. Background Information
2. Examples of local excellence
3. Best Practices for Consideration
4. Examples from other Cities
5. Draft Policy Recommendations
6. Appendix -- Additional Technical Information
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1. Background Information
City Government Facilities
● Energy costs for 12 city government facilities in 2013 were approximately ~ $498,000
● The 12 city facilities included in that figure are: Municipal Center, Police Department,
Fire Administration, Maintenance, Old Town Hall, Fire Station 1, Fire Station 3, Fire
Station 4, Fire Station 5, Fire Safety Center, Cascade Bay, Civic Arena
● In addition, the 2013 city budget included $778,500 in electricity costs and $98,900 in
natural gas costs to operate the city water utility facilities.
● Annual cost savings from 20% energy savings in city facilities: $275,000
● Annual cost savings from 40% energy savings in city facilities: $550,000
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● The city conducts energy performance benchmarking with the B3 tool for city facilities.
The B3 tool provides performance ratings for buildings.
● For the period of May 2012 - April 2013, B3 generated the following performance scores
for city facilities: (A score greater than 1 means the building performs less efficiently
than the energy code; less than one means the building is more efficient than code)
○ Eagan Community Center -- 1.42
○ Municipal Building -- 1.32
○ Police Facility -- 1.19
○ Fire Station Five -- 0.96
○ Fire Station Four --0.83
○ Fire Station One -- 0.81
○ Eagan Civic Arena -- 0.72 (Geothermal project)
1 These figures cover energy use from all city facilities including the water utility. Energy savings from the
water utility can come from the EEAC’s proposed water conservation goals and efficiency savings to
buildings maintained by the water utility.
2
○ Maintenance Facility -- 0.50
○ Fire Safety Center -- 0.48 (Green Globes Certified)
● Management of city facilities is distributed across departments. There is no one entity
responsible for the operations and maintenance of all city facilities.
● The City Council adopted environmentally preferable purchasing guidelines which
included ENERGY STAR standards for energy-using devices, however there is no
technical expert on staff with the capacity and charge to help apply these energy-saving
standards to new projects.
● Some city facilities have maintenance agreements with third parties, but in most cases
equipment is replaced or maintained on an as-needed basis.
Community-wide Energy Use
According to data from the Urban Land Institute Regional Indicators Initiative 2, in 2011:
● The entire city of Eagan (including residents and businesses)
○ spent over $111.625 million on energy costs
○ used over 7.265 million MMBTUs of energy
○ emitted over 1.26 million tons of carbon dioxide equivalents
● Commercial and industrial sectors’ energy use represented 63.79% of the city total
● Eagan’s largest buildings include Thomson Reuters, Blue Cross Blue Shield, US Postal
Service, UPS, among others.
● There are over 70 private buildings in the city that are larger than 100,000 square feet.
Of those buildings, 10 have earned an Energy Star label. There are 159 buildings in the
city that are larger than 50,000 square feet.
2 http://regionalindicatorsmn.uli.org
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2. Examples of Local Excellence
ENERGY STAR certified buildings:
21 buildings in Eagan have earned an ENERGY STAR label as of January 31, 2014. This indicates
that their energy efficiency ranks among the top 25% in the country.
Energy Star buildings in the city of Eagan break down as follows:
Number Category Owners - # of certified buildings
10 K - 12 ISD 196 - 9
ISD 197 - 1
6 Office Blue Cross Blue Shield - 3
Lockheed Martin sold to CSM - 1
Grand Oak 1 managed by Cassidy Turley - 1
Eagan Woods Office Center - 1
3 Retail Target, Kohl’s and Goodwill
1 Supermarket Cub Foods
1 Warehouse Ergotron
In addition, four Grand Oak buildings (I, II, IX, and X), which are managed by Cassidy Turley, are
participating in the 2013 ENERGY STAR National Building Competition.
Among the ENERGY STAR certified buildings in Eagan, the 10 most efficient are:
(A score of 97 indicates efficiency greater than 97% of similar buildings nationwide)
Building Energy Star Score Building Energy Star Score
Red Pine Elementary 97 Pinewood
Elementary
92
Thomas Lake
Elementary
95 Cub Foods (Cliff Rd) 92
Glacier Hills
Elementary
95 Goodwill of Eagan,
MN
90
Northview
Elementary
94 Target 90
4
Oak Ridge
Elementary
94 Blue Cross Blue
Shield River Park 2
88
As of September 2013, there are over 14,500 Energy Star partners across the country and 352
of which are based in Minnesota. These include
● Utilities -- Dakota Electric, Great River Energy, Xcel Energy, Minnesota Energy Resources
● Schools -- ISD 191, ISD 196, ISD 197, UMN Twin Cities
● Businesses -- 3M, Andersen Corporation, SuperValu, Honeywell, Best Buy, Kohl’s,
Target, Walmart, Home Depot, Ecolab, Coca Cola, Kraus-Anderson Construction
● Real Estate -- Northmarq, Ryan Companies, United Properties, Cassidy Turley, CB
Richard Ellis, Cushman & Wakefield, Hines,
● Cities -- Woodbury, Anoka, Buffalo, Kasson, Austin, White Bear Lake, Northfield, Roseau
● Eagan-based companies -- Marvin Windows, Honsa Lighting, Residential Science
Resources, Scantron Corporation
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3. Best Practices for Consideration:
Energy Benchmarking, Rating, and Disclosure for Local Governments Fact Sheet (Source: US
Department of Energy)
Summary: “You can’t manage what you don’t measure” and “Making the invisible, visible.”
Energy benchmarking helps compare energy efficiency performance to peers, watch trends in
performance over time, and identify and prioritize buildings that lag energy code. Public
building energy benchmarking is the foundation for strategic energy management practices and
model a best practice for the private sector.
Retro-Commissioning for State and Local Governments Fact Sheet (Source: US DOE)
Summary: “Public buildings go long time spans between energy tune-ups,” and “pick all the low
hanging fruit for an easy 10-20% energy savings and then reinvest the savings to go deeper.” A
re-tuning or continuous commissioning process is used to keep existing systems working at
their top performance to meet building occupant comfort levels in an energy efficient manner.
Typical continuous commissioning reviews can identify 10-20% savings with payback periods
under 2 years.
Strategic Energy Management for State and
Local Governments Fact Sheet (Source: US DOE)
Summary: The process of Strategic Energy
Management can lead an organization to achieve
much greater success than one-off investments.
“Drive the focus to continuous improvement,
rather than technology fixes.” ISO50001 and
DOE-Supported Superior Energy Performance
Program and Energy Star programs provide
frameworks.
Key points for policy makers in the iterative
continuous commissioning process is to make a
commitment and evaluate progress. Key points
for city operators are to create and implement
an action plan.
This strategy must receive support from the top. City Council and senior leadership need to
embrace and make the energy savings effort an organizational priority.
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Luckily, the statewide B3 database provides a good tool to both track and evaluate key energy
baseline data.
Energy Audits and Retro-Commissioning: State and Local Policy Design Guide and Sample Policy
Language (Source: US DOE)
Summary: For large building owners, performing an energy audit is a key step after
benchmarking, to narrow down potential energy efficiency projects and save money. Retro-
commissioning following an energy audit can cost well under one dollar per square foot, and
yield energy savings with paybacks of under one year, with median paybacks between 1.1 and
4.2 year. Detailed information describing the retro-commissioning process is included in the
document, as well as policy considerations to promote the adoption of the practice in the
private sector.
Benchmarking and Disclosure: State and Local Policy Design Guide and Sample Policy Language
(Source: US DOE)
Summary: This document provides technical guidance on energy performance benchmarking &
disclosure policies.
“Sustainable Energy Management Strategies that Work,” Source: APWA Members library
facilities webinar.
Summary: City of Charlottesville Virginia describes their balanced approach to sustainability and
energy efficiency. Over the course of less than a decade the city transformed its operations
from a reactive system with much deferred maintenance to a proactive system with top of their
class buildings and many spinoffs with wide community benefits.
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4. Examples from Other Cities
This section presents the energy efficiency programs and policies that other Minnesota cities
have adopted.
Eden Prairie:
The 20-40-15 initiative, first rolled out by the City of Eden Prairie in December 2006, calls for
the City to improve energy efficiency in all of its facilities by 20 percent, increase the fuel
efficiency of its vehicle fleet by 40 percent, and accomplish these goals by the year 2015.
http://www.edenprairie.org/index.aspx?page=334
http://greaterminnesota.kstp.com/news/news/332802-big-energy-conservation-push-eden-
prairie
Oakdale:
Since 2001, city policy has been that any new construction or major remodel of a city facility is
required to be built using Oakdale's own Generation Green building program standards.
Building sector goal: 15% reduction goal in GHG emissions from 2007 levels by 2013.
Action steps:
● Complete building energy audits every two years or as needed
● Replace furnace and air conditioning system at North Fire Station with energy efficient
equipment as old
● equipment fails
● Replace air conditioning system and install radiant heat system in South Fire Station as
existing equipment fails
Woodbury:
In July 2009, the City Council passed a resolution to adopt a Sustainable Building Standard for
New and Renovated Municipal Buildings in the City of Woodbury. The resolution states that at a
minimum, the city will utilize the B3-State of Minnesota Sustainable Building Guidelines in the
planning, design, construction and commission of new buildings and major renovations greater
than 5,000 square feet that are owned by the City of Woodbury. Woodbury City Hall is Energy
Star Certified. City Council Resolution Adopting Sustainable Building Standard
Minneapolis:
Goals approved by city council:
● Reduce citywide greenhouse gas emissions by 15 percent by 2015, and 30 percent by
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2025 using 2006 as a baseline.
● Reduce municipal operations greenhouse gas emissions by 1.5 percent annually.
● Citywide, permit 70 renewable energy projects annually by 2015.
● In municipal operations, increase renewable electricity to one megawatt by 2015.
● Additional sustainability goals appear here
LEED Building Policy (pdf): The city adopted a policy that requires future municipal buildings or
major renovations of buildings, to be Leadership in Energy and Environment Design (LEED)
Silver Level requirements.
Commercial Building Rating and Disclosure Policy (minneapolis): Minneapolis adopted an
Ordinance requiring annual energy performance benchmarking for public buildings greater
than 25,000 square feet and private buildings greater than 50,000 square feet in size. The city
will annually disclose the energy performance of buildings in order to provide information
needed in the marketplace to value the high energy performance of efficient buildings and help
target incentives and assistance to buildings that could operate more efficiently.
● Commercial building energy rating and disclosure ordinance overview
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5. DRAFT Policy Recommendations:
Potential next steps include the identification of a performance goal for city facilities and the
development of a plan to achieve it.
Below are examples of performance goals for facilities:
20% energy use reduction over 10 years (National Better Buildings Challenge goal -- Eden
Prairie set a similar goal by 2015; Governor Dayton adopted this goal for state facilities)
Reduce greenhouse gas emissions 30% by 2025 and 80% by 2050 (consistent with the state's
greenhouse gas reduction goal -- Minn. Stat. §216H.02)
Adopt the state's SB 2030 guidelines and goals for building energy use and emissions
(Woodbury did this for new & renovated buildings -- GSC action 3.1)
Achieve at least one net-zero energy facility
Below is an example of a strategic energy management process to achieve a performance goal:
Goal Tool
Identify least efficient buildings with the biggest
opportunity for savings B3 Benchmarking and annual
reporting
Capture no-cost operational savings Employee Engagement
Identify measures to improve building performance Energy Audits
Maintain building systems for peak performance Recommissioning
Maximize building efficiency by prioritizing CIP
projects
Capital Projects -- Repair, Replace,
Upgrade, Utility rebates
Below are policy considerations related to implementing a strategic energy management plan:
● Staffing: Identify dedicated staff capacity with technical expertise and organizational
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responsibility to achieve the goal.
● Considerations for Policy Guidance:
○ Benchmarking: Require annual B3 Benchmarking for all public facilities
(continuation of current practice). By April 1 each year, publish annual report on
EEAC webpage that includes B3 outputs for each city facility:
■ (1) energy use, (2) benchmark-to-meter ratio, (3) energy use intensity, (4)
greenhouse gas emissions, (5) annual energy costs (6) ENERGY STAR
score (if available)
○ Benchmarking Data Access: Request utilities to provide automatic data upload
into B3 tool.
○ Operational Savings: Determine whether a certain percentage of energy savings
may be used by employees to implement energy saving projects or professional
development activities of their choice.
○ Energy audits: should be conducted every 5 years on each public facility to
determine projects to be included in CIP. Energy audits should be prioritized for
the least efficient buildings, as determined by B3 Benchmarking.
○ Recommissioning: Large public facilities over (XYZ square feet) should receive
recommissioning studies to maximize equipment performance no less frequently
than once every five - ten years and prioritized for the least efficient buildings, as
determined by B3 Benchmarking.
○ Capital Projects: CIP should prioritize building envelope, HVAC and lighting
projects for least efficient buildings as determined by B3 benchmarking. CIP
should prioritize the most energy-efficient projects that are cost-effective on a
life-cycle basis.
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Appendix -- Additional Technical Information:
According to the B3 data, Eagan has 4 buildings representing 132,879 square feet that are good
candidates for energy efficiency improvements. If they were upgraded to perform 10% more
efficiently than the current state energy code, the city would realize $70,000 in annual savings.
The current state energy code is based on the 2006 model code. The state is currently in the
process of adopting a new energy code based on the 2012 model code, which is 15% - 25%
more energy efficient than the current code.
https://mn.b3benchmarking.com/Potential-Savings.aspx?ReportType=PotentialSavings
Eagan’s GreenStep Cities Completed Actions:
Date completed/entered: 04/19/2012
Implementation details:
Monthly Energy consumption at City building being monitored via the B3 database beginning in
May 2011; particularly at buildings that received retrofits from Federal Energy grant. The City
worked with the MPCA and a GreenCorp Volunteer to enter historic utility data into the B3
system. City staff will continue using the B3 system to manage and track energy usage at City
facilities.
Outcome measures/metrics:
After having validated the data and correcting errors that existed the utility information
reported in B3 is current for city buildings. Data suggests a decrease in energy consumption for
five buildings and an increase in four buildings from the established baseline. Decrease is
directly related to retrofits to some of the buildings and additional study and action is planned
for the four underperforming buildings. Not all of the suggested energy enhancements
identified in the initial energy audit were implemented, therefore a strategic plan is being
developed to address the remaining projects so that improvements can be budgeted and
implemented over the next 5 years. B3 data has been fully updated and tracked monthly to
identify trends and/or inconsistencies in buildings that need to be addressed. The building
retrofits have all been reflected in B3 reporting to track their effectiveness. Next steps will
consist of continuing to track data, budget for improvements that could be included in the
planning for the 2013 budget, continue to work with utility companies to define ways to be
more energy efficient, and educate staff in each building to enhance energy savings.
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