03/06/2007 - City Council Public Works Committee (2)
AGENDA
PUBLIC WORKS COMMITTEE MEETING
TUESDAY
MARCH 6, 2007
5:00 P.M.
1. AGENDA ADOPTION
II. UPDATE RE: 120TH STREET
JOINT POWER AGREEMENT WITH CITY OF ROSEMOUNT
(TC/Russ)
III. SIGN REGULATIONS ADJACENT TO EAGAN HIGH
SCHOOL
(TC/Russ)
IV. CAMPAIGN SIGNS (Jon)
V. DIRECTION RE: SIGNS & GAS PUMPS (Jon)
VI. U.S. CLIMATE PROTECTION AGREEMENT (Dianne)
VII. OTHER BUSINESS
VIII. ADJOURNMENT
PUBLIC WORKS COMMITTEE MTG
TUESDAY MARCH 6, 2007
Location: EAGAN CITY HALL
CONFERENCE ROOMS 1 AB
MEETING NOTES
The Public Works Committee of the City Council consisting of Councilmembers Cyndee
Fields and Paul Bakken convened the meeting at 5:00 pm. Also in attendance were City
Administrator Tom Hedges, Public Works Director Tom Colbert, Director of Community
Development Jon Hohenstein, Police Chief Jim McDonald, and City Engineer Russ
Matthys.
Councilmembers Fields and Bakken called the meeting to order and adopted the agenda
as presented.
120th St. JOINT POWERS AGREEMENT WITH ROSEMOUNT
Director Colbert provided some background history on the City of Rosemount's request
for a Joint Powers Agreement (JPA) for utility extensions into Rosemount and previous
review comments from the Public Works Committee regarding conditions for further
consideration. Councilmember Fields reiterated her concern for insuring that 120th St. be
a condition in the JPA and that it must be fulfilled concurrent with any utility extensions.
Also, the JPA should be carefully prepared to provide Eagan review and approval
opportunities of Rosemount development applications to avoid "Broadmore Trail" type
issues. In response to Councilmember Bakken's inquiry about the rates used for utility
service billing to other cities, Director Colbert replied that past JPA's have used Eagan's
rate structure. Both Committee members indicated that the fee should be based on the
higher of the two communities to insure that other cities are not making money reselling
Eagan services.
Public Works Committee Recommendation. Authorize the preparation of a Joint
Powers Agreement with Rosemount for the extension of utilities with a qualifying
criteria of concurrent construction of 120th Street from Biscayne Ave. to TH 3.
SIGN REGULATIONS ADJACENT TO EAGAN HIGH SCHOOL
Councilmember Fields shared her ride-along experience with the Eagan Police
Department one evening during an Eagan High School home football game and was
amazed at the number of parking violations on the local side streets despite the presence
of restrictive parking signs. Police Chief McDonald stated that sometimes officers have
issued -200 citations during such events. He provided additional information about the
level of effort they provide informing the school about the on-street parking concerns in
the adjacent residential neighborhood trying to enhance compliance. Councilmember
Fields inquired about the possibility of providing some type of noticeable differentiation
between the current two types of parking restriction signage: "Parking by Permit Only,
8am-9pm (7days/wk)" vs. "Parking by Permit Only (when school is in session)". City
Engineer Matthys provided information regarding required standards (size, shape, colors)
under the Uniform Manual of Traffic Control Devices for proper enforcement.
Councilmember Bakken inquired about the potential cost to replace one style of the
current restrictive signage. Staff did not have the numbers readily available. Engineer
Matthys noted that a supplemental sign on the same post would not have to comply with
those same wording or color standards and would most likely be less expensive. Director
Colbert suggested that the supplemental sign/plaque be a solid bright orange plate similar
to those that are installed with new Stop Signs when added visibility and attention is
needed.
Public Works Committee Recommendation. Authorize the installation of a
supplemental solid orange plate to all existing restrictive parking signs that state
"Parking by Permit Only, 8am-9pm (7days/wk)" in the Stafford Place
neighborhood.
CAMPAIGN SIGNS
Director Hohenstein overviewed a number of issues that were raised during the most
recent campaign season relative to the City's regulations about placing campaign signs in
the City rights of way. The issues primarily related to setbacks from streets and trails.
The Committee discussed ways of simplifying the code requirements both for campaigns
and for staff enforcing the standards. The Committee also discussed the fact that the
current City Code does not have a separate definition for campaign signs and that
standards are enforced under the definition of non-business signs.
Staff also provided an update on the way that communications and enforcement occur
during campaigns and refinements to be considered for future campaign seasons. In
particular, they outlined the possibility of copying a County enforcement practice of
laying signs down in place with compliance information attached to them, rather than
removing the signs on a first offense, and the implementation of direction to treat other
signs similarly in the vicinity of campaign signs about which complaints are received
(360 degrees around a single address complaint or enforcement along a route for a multi-
address complaint). It was acknowledged that refinements of enforcement mechanisms
do not require code changes, but the Committee members provided feedback about the
appropriateness of these approaches to achieve fair enforcement and provide prompt
information to permit campaigns to come into compliance with codes. The Committee
acknowledged that campaign signs may still be removed for repeated violations in the
same location and recommended that the compliance information that would be placed on
non-compliant signs be attached to the sign posts by zip ties so that they can be removed
when the sign is relocated.
Public Works Committee Recommendation: To authorize preparation of
amendments of the City sign code to: 1) To add a definition of campaign signs in
the City Code, 2) To reduce the required setback for campaign signs from 10' to
5' behind the curb on streets where no trail is present, 3) To reduce the required
setback for campaign signs to "behind the trail" on streets where a trail is present.
GAS PUMP SIGNAGE
City Planner Ridley discussed past enforcement of business sign standards. Currently
business signs are only permitted on pylons/monuments, on buildings and in windows.
He noted that some businesses, most often gas stations, have also placed signs in other
locations including on gas pumps and on canopy standards. Since these are not permitted
locations for signage under the City Code, staff has enforced their removal in the past.
Ridley indicated that at the time of the creation of the Window Sign Task Force, a
lobbyist for the petroleum industry tried to introduce legislation to prohibit cities from
regulating signs on various product dispensers including gas pumps, ice machines and
pop machines. The bill was tabled in the 2006 Legislative session, but staff wished to
have conversations with the Committee and Council before pursuing enforcement
activities in 2007. Pictures of a number of different pump signage practices (pump
toppers, electronic displays, pump side signs, hose and nozzle signs, paper towel
dispenser signs and placards on canopy standards were discussed).
The Committee and staff discussed the fact that convenience gas stations have an interest
in point of sale advertising at gas pumps to attract customers into their stores, whether
they are paying for gas at the pump or not. It was acknowledged that the current code
does not permit such signs. The Committee members acknowledged that some amount of
signage is probably appropriate on gas pumps, but asked for more information about how
appropriate regulations on the size, location and amount of signage might be structured.
Staff also suggested, and the Committee concurred, that the industry representative(s)
should be consulted on the matter during the Committee discussions.
Public Works Committee Recommendation: To continue discussion of possible
regulations to permit some amount of signage on gas pumps to a future Committee
meeting and direct staff to prepare background on how regulations on the time, place and
manner of such signage might be defined.
U. S. CLIMATE PROTECTION AGREEMENT
The committee discussed the US Climate Protection Agreement and it was noted by City
Administrator Hedges that the agreement surfaced at a recent listening session, when Mr.
Bruce Goff recommended that the Council consider signing onto the agreement. The
committee recommended that the City complete an inventory of efforts we are currently
doing that would meet the criteria set forth in the Cool Cities program (e.g. Civic Arena
lighting study). The committee also would like to know the position of the NLC and
LMC regarding the agreement. Do they endorse the agreement?
Public Works Committee Recommendation: The committee continued this item to a
future Committee meeting in order that staff can gather the additional information being
requested.
ADJOURNMENT
The meting adjourned at 6:00 p.m.
Notes prepared by Tom Colbert, Jon Hohenstein & Dianne Miller.
PUBLIC WORKS COMMITTEE
MARCH 6, 2007
II ROSEMOUNT JOINT POWERS AGREEMENT (JPA)
REQUEST FOR EXTENSION OF SANITARY SEWER
ISSUE: The City of Rosemount has submitted a formal request for Eagan to enter into a Joint
Powers Agreement (JPA) to allow the planned extension of our sanitary sewer into the
City of Rosemount to serve approximately 166 acres of existing small lot well & septic
residential property located on both sides of TH 3 and south of 120th Street.
The City of Eagan in turn has informed Rosemount of our interest in having 120th St.
extended from Biscayne Ave to a new connection with TH 3 (in Rosemount) to provide
another outlet for SE Eagan.
BACKGROUND: At the City Council January 25, 2005 workshop, the staff report indicated that
there was sufficient capacity and elevation to accommodate Rosemount's request and
the sewer has already been constructed to the corporate limits as part of the Long Acres
Development. The Council reaffirmed their long held desire for the 120th Street
extension to TH 3. Subsequently, the Council directed the issue to the PW Cmte to
discuss the issues of a JPA with possible conditions. The Public Works Committee met
on March 6, 2006 and recommended that it be further considered at a future Council
workshop.
Rosemount's ability to initiate the 120th St extension is dependant on new development
financing it. However, several Rosemount Council members have expressed a
reluctance to change their Comp Guide Plan, from the current Rural Residential (large
lot well & septic) to a more developable zoning (R-1). Rosemount is presently only
looking for a long term commitment for sewer service so that they know what to plan
for and can subsequently prepare the Sewer Element of their Comp Plan update this
year. There has been no further communications between the two cities and this issue
has not yet been scheduled for a Council workshop.
Rosemount would like to have a long term commitment from Eagan for utility
extensions. They understand Eagan's interest for the 120th street extension/connection
to TH 3 and would be willing to accept that as a trigger condition of the future utility
extension. Eagan is interested in getting the 120th St. connection as soon as possible.
ATTACHMENTS:
• Rosemount request letter / pages o and
• General Location Map / page
• Rosemount Service Area Map / page
• 120th Street Concept alignment / page and 7
COMMITTEE RECOMMENDATION OPTIONS:
1. Approve the preparation of a Joint Powers Agreement with Rosemount to include
one or more of the following specific conditions:
a. The extension of 120th Street between Biscayne Avenue and Highway 3.
b. The addition of water extension to the Joint Powers Agreement.
c. Other?
2. Deny the request.
1
SROSEMOUNT
PUBLIC WORKS DEPARTMENT
February 1, 2006 rFr
Mr. Tom Colbert, P.E. F E b
Public Works Director
7
City of Eagan Municipal Center
L- i
dlpE~~
3830 Pilot IInob Road
Eagan, MN 55122
Re: City of Rosemount Request for Joint Powers Agreement
Dear Mr. Colbert:
I am writing you in regard to the City of Rosemount's request for a joint Powers Agreement (JPA)
with the City of Eagan for sanitary sewer service from Eagan to Rosemount in the future.
In 2004, the City of Rosemount completed a study entitled North Central Sanitary Sewer Study
(ruly20, 2004). This study was prepared to evaluate options to provide sanitary sewer service to
areas within the north central part of the City, areas that are primarily developed as small lots with
individual septic treatment systems (ISTS). The study was completed in recognition that the study
area may need municipal services in the future should property owners not be able to site new
ISTS's on their properties.
As part of this study, the feasibility of providing sanitary sewer service to Sanitary Districts A-1 and
A-2 as shown on the attached figure was evaluated. This evaluation included a review of the City of
Eagan's existing sewer system capacity and determination that the City of Eagan's existing sewer
system appears to have adequate capacity to accommodate up to 0.39 MGD daily peak flow from
the City of Rosemount. The primary advantage with this option to provide sanitary sewer service to
this area of Rosemount is the ability to serve the area with a gravity system, thereby eliminating the
need for a lift station in the future.
At this time, the area within Sanitary Districts A-1 and A-2 is zoned Rural Residential. There is no
indication that this zoning will change in the near future and the City of Rosemount's request for a
JPA with the City of Eagan to accommodate sanitary sewer service to this area is solely for future
planning purposes. Should a JPA between the Cities of Rosemount and Eagan not be able to be
developed, the City of Rosemount will need to make alternate plans to provide future sanitary sewer
service to this area that will require modifications to systems that will be installed in the near future.
Another aspect to this request is the understanding that the City of Eagan desires to have 120`h
Street extended to Trunk Highway (TH) 3. As we discussed, the extension of 120`h Street to TH 3
would typically occur with the development of this area. We also discussed the fact that the City of
Rosemount has prepared a draft transportation plan that identifies Bacardi Avenue and 120`h Street
as collector roads in the City's street system. This transportation plan has been prepared
concurrently with the City of Rosemount's recent adoption of a Comprehensive Guide Plan
amendment that, when approved by Met Council will make land adjacent to Bacardi Avenue
available for urban development as City services become available. It may be feasible for the City of
SPIRIT OF PRIDE AND PROGRESS
2875 145th Street West • Rosemount, MN 55068-4997 - 651-423-4411 • TDD/TTY 651-423-6219 • Fax 651-322-2694
www.drosemount.mn.us
Rosemount to consider a commitment to develop the 120t Street connection to TH 3 at a
predetermined threshold as development occurs along Bacardi Avenue.
We also discussed the effects that development of the area within Sanitary Districts A-1 and A-2
would have from a stormwater management perspective. Per the City of Rosemount's
Comprehensive Stormwater Management requirements, any development within this area would be
required to adhere to the following:
• Maximum peak. stormwater discharge rate of 0.05 cfs/acre for a 100-year, 24-hour storm
event.
• Storage of the runoff from the 100-year, 24-hour storm event on-site.
• Infiltration of 1/12t' of an acre-foot/acre/dap for the entire site acreage.
Our experience is that the implementation of the above requirements in newly developing areas
generally results in a reduction of rate and volume discharge from a site when comparing pre-
developed and post-developed rates.
I look forward to the opportunity to further discuss the City of Rosemount's request for a JPA with
the City of Eagan.
Should you have any questions prior to our meeting on February 7, please do not hesitate to contact
me.
Sin ely,
Andrew . Bro er, P.E.
City Engineer
Cc: Jamie Verbrugge, City Administrator
Kim. Lindquist, Community Development Director
2 G:\Sanitary \Rsmt expansion\JPALetter-Eagan2-1-06.doc
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PUBLIC WORKS COMMITTEE
March 6, 2007
III. EAGAN HIGH SCHOOL
PARKING ISSUES
ISSUE: At the City Council's Goals Retreat held on January 30 and 31, the City Council listed a
number of directives that were not included as specific goals. A continuing concern
regarding off-site parking at Eagan High School was discussed. The consideration of
signage modifications to more clearly distinguish areas of differing parking restrictions
was directed to the Public Works Committee for review.
BACKGROUND: Parking concerns/issues have existed along Braddock Trail and within the
Stafford Place neighborhood east of the high school since 1991 when ISD 196
implemented student parking fees. Additional concerns also develop during off-hours
significant school or Eagan Athletic Association (EAA) events; i.e. home football
games, graduation, track meets, etc. In 1992, parking restrictions were implemented
throughout the neighborhood involving a parking by permit system. Appropriate street
signage was installed accordingly. Multiple requests for revisions to the parking
signage and permitting system were petitioned in 2002 and 2003. On June 10, 2003,
the City Council approved revised parking restrictions on Braddock Trail (No Parking
anytime on east side), including modification of the street signage, and additional curb
painting.
Concerns have recently been expressed about the difference in parking restrictions
(permitted parking vs. No Parking "Anytime") represented by signage in close
proximity to each other. A Council directive to distinguish between the street signage
with the different stated parking restrictions east of the high school has been forwarded
to the Public Works Committee.
Public street signs in Minnesota are regulated by the Minnesota Manual on Uniform
Traffic Control Devices (MUTCD). A review of the MUTCD indicates that red letters
on white legend is the only "color" allowed for No Parking signs. A telephone
conversation with Ken Schroepfer, Traffic Standards Specialist with the Minnesota
Department of Transportation, determined that supplemental plaques to the standard No
Parking sign can have additional colors. A supplemental plaque would be an additional
sign plate on the same post above or below the No Parking sign. Colors used in/on
supplemental plaques should be selected such that they do not conflict with existing
uniform sign backgrounds (i.e. green, red, yellow, blue, brown, etc.). The use of white
sign background with lettering in various colors (i.e. turquoise, magenta, pink, etc.)
would be acceptable for the supplemental plaques.
While such signage modifications may help distinguish the difference in parking
restrictions in the area east of the high school, the expansion of the existing high school
~0
parking lot would appear to be most helpful in addressing the current parking problems
in the adjacent neighborhood as well as the corresponding pedestrian safety issues.
Previous discussions between City staff and Eagan High School/ISD 196 regarding this
better solution have yet to result in any actions by ISD 196. The attached letter from
ISD 196 indicates their willingness to financially support access, parking and irrigation
improvements at Northview Elementary with equal financial support from the City and
EAA. It would seem more appropriate for these three entities to collaborate on parking
expansion at the high school that would address concerns created by ISD 196 and EAA.
ATTACHMENTS:
• Parking Restrictions Map / page /0
• Permit Parking Area Map / page !I
• Letter from ISD 196 / page
COMMITTEE RECOMMENDATION OPTIONS:
1. Direct City staff to propose supplemental signage plaques for Council consideration.
2. Direct City staff to contact ISD 196 and EAA about on-site parking improvements at
Eagan High School. Recommend financial participation on Northview Elementary
improvements contingent upon construction of parking expansion at high school for
Council consideration.
3. Other:
LEGEND
Np 12
860 856 852 Bas RL
Parking by Permit Only 64a p
8:00 AM to 9:00 PM (7 days/week) 39923 400 p
640 836 'Q
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Parking by Permit Only 40°6
(When school is in session) 4012
xxxx No Parking (Anytime) 4003 4007 4013 0 016 816 3999 \42\ 4020
• Mailboxes 4019 620
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V W = 4148 4066
0 VEN7NOR 4103 4096
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870 866 Tm 855 4107 4076
M 4111 4104 4081 - 851
4158 858 4108 4065 4080
EAGAN 854 647 4064
HIGH 4162 839 63S 831 Q 4112 4089 > 4066
SCHOOL
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DIFFLEY ROAD
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Parking Restrictions July 8,2003
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Permit Parking Area July 7, 2003
City of Eagan 4 I
INDEPENDENT SCHOOL DISTRICT 196
14445 DIAMOND PATH WEST 0 MARK PARR, Ph.D
ROSEMOUNT, MINNESOTA 55068-4199 Director of Secondary Education
(651) 423-7712
FAX (651) 423-7614
E-mail: mark.parr@district196.org
January 8, 2007
To Whom It May Concern:
Approximately three months ago Independent School District 196 was asked to be a
partner in a grounds improvement initiative undertaken by the Eagan Athletic
Association baseball group. One of the goals of the plan was to create better access to the
field's located behind Northview Elementary School. Specifically, the current roadway
that is partial asphalt and partial road base would be widened, lengthened and would be
completely asphalt. The plan also proposed to make improvements to the current
irrigation system that supplies irrigation from a pond located at Eagan High School.
Specifically, a connection would be made to the current Eagan city water network and
would supply the fields around Northview Elementary with water to the field located on
the southwest part of the property. The plan calls for the City of Eagan to be a one-third
partner in the costs of the improvements, the Eagan Athletic Association to be a one-third
partner and Independent School District 196 to be a one-third partner.
On behalf of Independent School District 196, we are interested in this partnership
contingent upon the City of Eagan's interest and also the Eagan Athletic Association's
interest. It is understood that we would assume subsequent water utility costs as we do
with other school district property that is connected to municipal systems.
You may contact me should if you would like to discuss the aforementioned information
further.
Sincerely,
Mark Parr
Director of Secondary Education
c: Jeff Solomon, Director of Finance
Sieue Troen, Principal Dakota Hills Middle School
Educating our students to reach their full potential
196 Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights,
Lakeville, Rosemount, and Empire and Vermillion Townships
www.distr;ctl96.org / 2
PUBLIC WORKS COMMITTEE
March 6, 2007
IV. CAMPAIGN SIGNS
ISSUE: Like other units of government, the City regulates the placement of campaign signs
during election seasons. Despite efforts to communicate standards in advance and
provide prompt communications with candidates and campaigns, staff and the Council
receive occasional complaints regarding the code or its enforcement. In the interim
before a future campaign season begins, it would be worthwhile to identify issues from
the 2006 campaign season that can be addressed with modifications of the code or
enforcement procedures.
BACKGROUND: Each unit of government is responsible for enforcement of its own
regulations, so unless there is a public safety issue associated with obstructions of
vision for traffic, City enforcement only occurs on City streets.
Campaign signs currently fall under the City's definition of "non-business" signs. As
an exercise of free speech, campaign signs may be placed anywhere on private
property. The City Code regulates the placement of campaign signs within public right
of way by establishing set-backs of 10 feet from the curb on streets where no trail is
present and 25 feet from the curb on streets where a trail is present. With few
exceptions, most candidates and campaign workers properly place signs at the 10 foot
setback, but requiring the 25 foot set back where trails are present often results in signs
well up into the yards, which defeats the campaign's purpose of making them visible to
the traveling public.
Whether placed in violation on purpose or by mistake, this is the situation that seems to
result in the greatest enforcement challenges. Deeper setbacks may have some purpose
on County Roads, where greater sight distances sometimes apply. Given the fact that
the City Code applies only to City streets, staff would request consideration of the trail
side set back being reduced to the "behind the trail" or, at most, "one foot behind the
trail".
If there are other challenges associated with the placement of campaign signs that the
Committee is aware of, it would be valuable to discuss those as well, but it appears that
a rationalization of the trail-side set back will simplify compliance and enforcement in
the long run.
Staff has also identified several enforcement issues that the Committee should be aware
of. We have also discussed means of addressing those in future election seasons.
The first relates to the previous practice of removing signs found to be non-compliant
and storing them at the Maintenance Facility for pick up by the campaigns. Staff then
)3
contacts the campaign to advise them of the violation and the location of the signs.
This has been an efficient means of responding to complainant's concerns, but has
required campaigns to retrieve the signs during business hours, which is not convenient
to all. Staff has learned that Dakota County uses a system by which their staff lays
down offending signs in place and places a sticker on them explaining the nature of the
violation and the means of correcting it. This method could be combined with the
follow up call to permit campaigns to locate the signs at any time and re-erect them in a
compliant manner. The City could retain the option of removing signs that are re-
erected in a non-compliant manner. Unless the Committee has concerns or other
suggestions, this approach will be applied in upcoming campaign seasons.
A second issue relates to complaint based enforcement. It would be impractical to
patrol the City in search of all campaign sign violations. As a consequence, for many
years, staff has responded to campaign sign violations on a complaint basis. The
challenge has been that while staff is diligent in avoiding partisan preferences in
enforcement, complaints are almost entirely based on candidates from one campaign or
party or the other. At times in the past, this has created the impression that enforcement
has shown preference for one candidate or party over another. To resolve this during
the last campaign season, staff implemented a practice under which they would
examine the area around signs for which complaints were received to determine
whether any other signs were in violation. If the complaint were about a single sign
location, staff was directed to do a 360 degree observation of the immediate area. If the
complaint involved multiple locations along a particular route (all Sponge-Bob signs
along Rahn Road, for example), staff was directed to investigate all signs along the
route for compliance. While there is a boundary to this approach in each case, it is a
practical way to address concerns about spot enforcement.
A third issue is the fact that the public right of way is sometimes less than ten feet from
the back of the curb. We advise campaigns that a good rule of thumb is to simply apply
the ten foot setback to all sign locations. That having been said, a sign placed behind
the right of way line, less than ten feet from the curb is legally placed and the City
Attorney has advised that we should not interfere with them. In previous campaign
seasons, staff had enforced the ten foot setback without checking the right of way
boundary. That practice was challenged by one of the campaigns this year and, as a
consequence, it has become necessary to use pictometry and other means to confirm
whether a sign within the set back is or is not on public property. This requires staff to
provide a somewhat confusing message to complainants, property owners and
campaigns, that a lesser setback applies in specific situations. We have not been able to
identify a means of addressing this differently than we have in the past and would invite
input if there are means that have not been addressed.
A final issue relates to the assertion by one campaign that public right of way should be
considered an easement and not public property and, as such, the City should not be
able to regulate signs that are behind the curb in any way. The City Attorney advised
that campaign that its interpretation is incorrect and that the City has the authority to
IL
regulate signs in the right of way as we have. This matter is being brought to the
Committee's attention, in case it is raised in future discussions or campaigns.
ATTACHMENTS:
• Current Sign Code
COMMITTEE RECOMMENDATION OPTIONS:
1. Retain current campaign sign code regulations.
2. Recommend amending the code to reduce the setback for signs on the trail side of streets
to behind the trail (or one foot behind the trail).
3. Recommend amending the code to reduce the setback for all other streets to five feet. To
provide setback protection, but reduce the number of situations in which the setback
would be greater than the right of way boundary.
4. Other
iJ'
LAND USE REGULATIONS (ZONING) § 11.70
6 Harmonious design relationships of the building and the site
7 Building design, materials, and colors as they relate to compatibility with the site
and adjacent uses
8. The location of parking lots, driveways, and sidewalks as they relate to on-site
and off-site impacts.
9. Buffering of sound and light on adjacent properties
E. Information requirement The information required for all site plan applications shall
be consistent with the site plan review submittal checklist unless otherwise specified
by the city planner in addition to other information that may be required for review
purposes.
E. Minnesota state building code The review and approval of site improvements
pursuant to the requirements of city adopted building and fire codes shall be in
addition to the site plan review process established under this section. The site plan
approval process does not imply compliance with the requirements of these building
and fire codes-
Subd. 28. Placement, erection and maintenance of signs. 4,p `
A. Purpose, construction and definitions.
1. Purpose. The purpose of this section shall be to regulate the placement, erection
and maintenance of signs in the city so as to promote the health, safety and
general welfare of the residents of the city.
2 Construction. All terms and words used in this section shall be given their
commonsense meaning considered in context, except as hereinafter specifically
defined..
3. Definitions. The following terms, as used in this section, shall have the meanings
stated:
(a) Business sign means any sign upon which there is any name or designation
that has as its purpose business, professional or commercial identification
and which is related directly to the use of the premises upon which the sign
is located.
(b) Freestanding ground sign means a business sign erected on freestanding
shafts, posts or walls which are solidly affixed to the ground and completely
independent of any building or other structure. Any business freestanding
ground sign which projects more than seven feet above ground level is
considered a pylon sign.
(c) Governmental sign means any sign placed, erected or maintained by a
governmental entity or agency for identification of or directions to a public
facility or street or for traffic control or general public services.
Supp No 10 CD11:1.51
IC,
§ 1L70 EAGAN CODE
(d) Local street means a street within the city, which is not functionally
classified within the City's Comprehensive Guide Plan as a principal
arterial, "A" minor arterial, "B" minor arterial, major collector or minor
collector.
L e) Nonbusiness sign means any sign such as a personal nameplate or desig-
nation as for residences, churches, schools, hospitals, traffic or road signs, 1044.4
which do not contain advertising and are directly related to the premises
upon which they are located.
(f) Off-premises sign means a sign which directs attention to a business, C S
commodity, service or entertainment conducted, sold or offered somewhere
other than on the property upon which the sign is located.
(g) Product sign means any sign upon which there is any brand name,
trademark, logo, distinctive symbol, designation or advertising which has as
its purpose the promotion of any business, product, goods, activity or
service. Product signs shall be subordinate to business signs.
(h) Public right-of-way or public rights-of-way means the surface, air space
above the surface and the area below the surface of any public street,
highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court,
concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulk-
head, wharf, pier, easement or similar property or waters within the city
owned by or under control of the city, or dedicated or otherwise conveyed to
the city for general public use
(i) Pylon sign means a business sign erected on freestanding shafts, posts or
walls which are solidly affixed to the ground, and which projects more than
seven feet above ground level. Pylon signs, when authorized, are considered
a conditional use, as defined in the zoning chapter, and are subject to all
conditions, regulations and fees required for conditional uses.
(j) Sign means any surface, facing or object upon which there is printed,
painted or artistic matter, design or lighting.
(k) Sign area means the gross area, exclusive of supportive frame, which
contains copy or identifying features such as a logo, character or identifying
figure. The gross area shall be calculated as an enclosed area bounded by no
more than 12 straight lines.
(1) Sign height means the distance from the lowermost ground point to which
the sign is attached, to the highest point on the sign.
(m) Rail means any paved surface within the public right-of-way, outside of the
paved street surface, used by pedestrians and cyclists.
B Permitted uses.
1. Location of business signs. Business signs are permitted on property zoned
business, industrial, agricultural, public facilities, RD or PD only in conjunction
with an approved business, industrial or agricultural use.
Stipp No 1.0 CD11:152
f-?
LAND USE REGULATIONS (ZONING) § 1170
2. Location of business signs in residential areas Business signs are permitted in
residentially zoned areas or areas of PD designation for residential use only
under the following cases:
(a) "For sale" or "for rent" signs, four feet by four feet or smaller, advertising the
premises upon which such sign is located
(b) Real estate "for sale" signs, not over 100 square feet, of a land developer,
which are located upon the premises offered for We.
(c) Area identification signs for major apartment complexes.
C General sign standards.
1 Construction and erection of signs. All signs shall be constructed and erected in
a good and workmanlike manner of sound and sufficient materials so as to ensure
the safety of the public and in accordance with all reasonable standards employed
by professional signmakers.
2. Location on private proper4yy No sign shall be erected, placed or located upon
private property without the permission of the property owner or the lessee.
3. Location to property line. No business sign shall be located nearer than ten feet
from any property or dividing line
4 Location on public property No sign, other than governmental signs, shall be
placed upon any city owned public property, or railroad right-of-way. No sign,
other than governmental signs, shall be affixed to any utility pole.
5. Moving parts, lights. No signs are allowed which contain moving sections or
intermittent or flashing lights, except for intermittent display of time and
temperature.
G_ Obstruction of vision. No sign shall be erected or maintained in such place and
manner as obstructs driver vision or is noxious, annoying or hazardous because
of method of lighting, illumination, reflection or location.
7. Painted signs on buildings. No signs are allowed which are painted directly upon
the walls of a building.
8 Placement within public right-of-way No sign other than governmental signs,
shall be located within any city owned public right-of-way, except as follows:
(a) Residential name and address signs may be located within the public
right-of-way when such signs are attached to mail boxes, private lampposts
or the like.
(b) Non-business signs may be placed in the public right-of-way of a local street
only if the sign is located more than ten feet from the back of the street curb awl,
where no trail exists or more than 25 feet from the back of the curb where r' ,
a trail exists- • ,
g. Source of lighting. No signs are permitted for which the source of light is directly
visible to passing pedestrians or vehicle traffic.
Supp No 10 CD11:153
11.70 EAGAN CODE
l
D Off premises signs.
1. No of premises sign shall be permitted in any zone within the city except as
permitted under this sub-paragraph.
2. The owner of an existing off-premises sign may construct a new off premises sign
pursuant to a conditional use permit issued in accordance with the provisions of
chapter 11 of the City Code, and under the following criteria:
(a) No sign will be permitted which increases the number of signs beyond the
number of signs depicted in table A (which follows this section), as amended
from time to time.
(b) No sign shall be permitted which increases the total square footage of all
signs beyond the number of total square feet depicted in table A (which
follows this section), as amended from time to time.
(c) No sign shall be permitted which increases the total number of sign surfaces
beyond the total number of sign surfaces depicted in table A (which follows
this section), as amended from time to time.
(d) The maximum square footage of a sign shall be 250 square feet; however, the
city may allow a sign in excess of 250 square feet upon (i) the reduction of
the total number of signs, square footage or surface areas depicted in table
A (which follows this section), as amended from time to time, and (ii)
amendment to said table A to reflect such reduction, and (iii) further, so long
as the total square footage of all signs is not increased beyond the total of
sign square footage depicted in said table A, at the time of application for a
new sign.
(e) No sign shall be located nearer to any other off-premises sign than 1,500
lineal feet on the same side of the street or 300 lineal feet on the opposite
side of the street-
(f) No sign shall be located on a platted lot which contains a business sign.
(g) No sign shall be located within 300 feet of any freestanding ground sign or
pylon sign.
(h) No sign shall be located within 200 feet of any residentially zoned district.
(i) No sign or any part thereof shall exceed 40 feet in height as measured from
the land adjacent to the base of the sign.
3. Any new off-premise sign permitted under this paragraph, shall not be placed
upon any property upon which a building or structure already exists
4. Any new off-premise sign permitted under this paragraph, above, shall be located
only on property zoned for business or industrial use.
5. Any off-premise sign now existing or permitted to be constructed shall be
removed prior to the city approving the platting of the property upon which the
Supp. No 10 CD11:154
/I
LAND USE REGULATIONS (ZONING) § 11,70
sign is located or prior to the city issuing a building permit for the construction
of a structure upon the property upon which the sign is located, whichever occurs
earlier.
6. Any new off-premise sign pursuant to a conditional use permit issued hereunder
shall be subject to the provisions governing conditional use permits as set forth
elsewhere in this chapter.
E. Building-mounted, window/door and temporary business signs, standards.
1. Building signs on single-tenant buildings and end units in multi-tenant build-
ings. On single-tenant buildings, no more than three total signs, distributed on
up to two elevations, are allowed in the following combinations, not to exceed the
allowed sign area based on zoning:
(a) One elevation displaying a business name sign, and one elevation displaying
a business name and a product name sign for a total of three signs; or
(b) One elevation displaying a business name sign, and one elevation displaying
either a business name or a product name sign for a total of two signs; or
(c) One elevation displaying a business name sign or a product name sign for a
total of one sign; or
(d) Two signs, each displaying a separate business name if two tenants are
occupying one unit space for a total of two signs on one elevation.
2. Building signs on interior units of multi-tenant buildings. On multi-tenant
buildings, no more than two signs per tenant on one elevation are allowed in the
following combinations, not to exceed the allowed sign area based on zoning:
(a) One sign displaying a business name, and one sign displaying a product
name for a total of two signs on one elevation; or
(b) Two signs, each displaying a separate business name if two tenants are
occupying one unit space for a total of two signs on one elevation; or
(c) One sign displaying a business name for a total of one sign on one elevation;
or
(d) One sign displaying a product name for a total of one sign on one elevation.
3. Design similarity. All business signs mounted on a building shall be similar in
design.
4. Multi-tenant building signage. Building facade signage on multi-tenant buildings
shall be evenly distributed between all tenants.
5. Product name signs. Product name signs shall be subordinate to business name
signs.
6. Roof signs. No sign mounted upon a building is allowed to project above the
highest outside wall or parapet wall.
7. Roof signs in BP and RD districts. In BP and RD districts, no roof signs shall be
allowed.
Supp No 12 CD1.1:155
§ 11.70 EAGAN CODE
8.. Sign area. No signs or combination of signs mounted upon a building shall cover
in excess of ten percent of the gross area of a side in the RD and BP zoning
districts, and 20 percent of the gross area of a side in all other zoning districts,
where business signs are allowed.
A sign displayed on or in any window shall not occupy more than 25 percent of the
area of the windows and/or doors on the side of the building on which the window
sign is displayed.. The area of a window/door sign shall be included in the
calculation of the sign area allowed for building-mounted signs provided herein
and shall not exceed the applicable sign area permitted. Window/door signs shall
be allowed only on the building facade that has building-mounted signage. No
window or door sign, in whole or in part, shall be displayed in the area of the
window or door that is higher than four feet and less than six feet, as measured
vertically, from the finished interior floor elevation. Any sign not exceeding a two
square feet area that depicts Open/Closed or hours of operation shall be exempt
from permit and permit fee requirements. The permit fee for a window or door
sign shall be required only with the first window or door sign displayed by the
applicant unless additional signs or signs in new locations are displayed.
9. Sign projection. No sign mounted upon a building is allowed to project more than
18 inches from the vertical surface of the building.
10. Temporary signs for special business sales. Any commercial use may have up to
three signs for the purpose of promoting a special sales event, provided the signs
may not be displayed for no more than ten days within a 60-day period. The
60-day period shall commence on the first day of posting a temporary sign and
conclude 60 days thereafter. The temporary signs shall not exceed an aggregate
total area of 25 square feet. The sign permit application shall specify the days, not
to exceed ten, on which the temporary sign will be displayed.
F Freestanding business signs, standards.
1. Freestanding ground signs. Up to one allowed per building. Such signs shall be
limited to seven feet total height, with four-foot maximum height of sign area.
2. Pylon signs. Up to one allowed per building. When used, a pylon sign is allowed
in lieu of a freestanding sign. No pylon sign may be located within 300 feet of any
other pylon sign, measured on the same side of the street. No pylon signs shall
project more than 27 feet above the lot level, roadway level, or a specified point
between the two levels as determined by the council. The level used shall be based
upon visibility factors from the adjacent roadway(s). The applicant shall submit
diagrams, drawings, pictures and other information requested by the city prior to
action by the council upon the application. No pylon sign shall exceed 125 square
feet in area per side except pylon signs authorized under subparagraph C, below.
In the RD and BP districts, no pylon signs shall be allowed.
3. Major complex. When an area identification is required, such as for a shopping
center, major apartment complex, or major industrial building, up to one
Supp No. 12 CD11:156
91
LAND USE REGULATIONS (ZONING) § 11.70
freestanding or pylon sign may be allowed for each major adjacent street. The
council shall determine the maximum size after reviewing the applicable condi-
tions including terrain, safety factors, etc.
4. Freeway locations. An on-premises pylon sign for identification purposes is
allowed for a business sign located directly adjacent to a freeway within the city.
Any business that acquires a permit to erect a pylon sign for freeway identifica-
tion may be allowed an additional freestanding ground sign to be located on the
side of the property opposite of the freeway. All signs must comply in all other
respects with the provisions of this section. A freeway shall be defined as a
principal arterial highway as defined in the comprehensive plan.
5. Multi-lot developments. In multi-lot developments, the design and placement of
monument and directional signs shall be coordinated through an overall signage
plan.
G. Exemptions. Notwithstanding any other provisions of this section, the following signs
are exempt from the permit or fee provisions of this section. No exempt sign shall
exceed 16 square feet of area except where stated below:
1. For sale, lease, or rent signs of real estate when located on the property
advertised, and when under 16 square feet in total copy area.
2. Church, hospital, or school directional signs, less than six square feet in total copy
area.
3. One on-property church sign for each church site.
4. Signs warning of hazardous conditions.
5. Simple information signs, such as "exit," "loading dock," etc.
6. Simple nameplate signs on or over the entrance to a place of business or used to
identify the parking area of a place of business. Not to exceed three square feet
in gross area.
7. Signs erected by a recognized unit of government having jurisdiction in the city,
or a school district within the boundaries of the school district. 8. Political signs for a period of up to ten days after an election, provided such signs
C~L~?r
contain the name and address of the individual responsible for erecting and
removing the sign.
9. Temporary signs for special civic events or garage or neighborhood sales, for a .~q.
period not to exceed 20 days.
H. Nonconforming signs.
1. The protective inspections department shall order the removal of any sign erected
or maintained in violation of the law as it existed prior to the effective date of this
section. Removal shall be in accordance with this subdivision.
Supp, No. 12 CD11:157
c
§ 1170 EAGAN CODE
2. Other signs existing on the effective date of this section and not conforming to its
provisions, but which did conform to previous laws, shall be regarded as
nonconforming signs which may be continued if properly repaired and main-
tained as provided in this section and if in conformance with other provisions of
the City Code- If said signs are not continued with conformance of above, they
shall be removed in accordance with this subdivision.
I. Sign permits and fees.
1. Sign permits. No signs, except those specified in this subdivision, above, shall be
erected or maintained anywhere in the city without first obtaining a sign permit.
2. Application, permit and fees. A formal application together with accompanying
documents prescribed by the city shall be submitted to the city to obtain a sign
permit.. Permit fees are as adopted by resolution of the city council and shall
accompany the permit application.
3. Review of applications. The protective inspections department shall approve all
sign permit applications, except that applications for approval of permits for
advertising signs, pylon signs and any sign requiring a variance shall be
submitted to the council for final approval.
4_ Return of the fees. In the event said application shall be denied, the city shall
return the applicant's permit fee, less a reasonable amount determined by the
council which shall be retained as an administrative cost..
J. Removal. All signs which have not been removed within the designated time period
may after due notice be removed by the city, and any expense incurred thereof maybe
charged to the sign owner or assessed against the property on which they are located-
TABLE A
Address SF/Sur-
Ref # (PID Location Surfaces face SF 2btal
1 2750 Sibley Mem. Hwy. 1-494 between Hwy. 13 2 624 1,248
(108288501001) & Pilot Knob Rd.
2 2750 Sibley Mem Hwy. 1-494 between Hwy. 13 2 672 1,344
(103288501001) & Pilot Knob Rd.
3 2950 Hwy. 55 Hwy. 55, junction with 2 250 500
(100010001055) Hwy. 149 _
4 3875 Sibley Mem, Hwy. Hwy. 13, between Ce. 2 250 500
(100190001102) dar Ave. & Rahn Rd.
5 4151 Sibley Mem. Hwy. Hwy. 13, between Ce- 1 250 250
(100190001356) dar Ave. & Diffley Rd.
6 3700 Cedar Ave. Hwy. 77, north of Hwy. 2 378 756
(100180001156) 13 (on railroad)
7 2196 Cedar Ridge Hwy. 77, between Dif- 2 378 756
Court fley Rd. and Cliff Rd.
(101682102001)
8 3801 Sibley Mem Hwy. Hwy. 77, north of Hwy. 2 378 756
(107550001000) 13
Supp. No. 12 CD11:158
93
LAND USE REGULATIONS (ZONING) § 1.1.99
Address SFI Sur-
Ref # (PID Location Surfaces face SF 7biai
9 1181 Tapp Rd (be- Soo Line right-of-way, 1 480 480
yond NE Corner) south of I-494 and west (1) (20) (20)
(102250005108) of Hwy. 55 (added 9/5/
99)
10 1255 Trapp Rd I-494, junction ofI-35E 2 378 756
(102225001.4001)
11 2750 Eagandale Blvd Soo Line right-of-way, 2 360 720
(beyond NW Corner) Hwy 55, west of 1-35E
(102250014307)
(Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 384, 2nd series, § 1, eff. 10-28-04; Ord. No. 390,
2nd series, 1-4, eff. 7-16-05)
State law reference-Advertising devices, Minn. Stat. ch. 173.
Sees. 11.71-11.98. Reserved.
See. 11.99. Violation a misdemeanor.
Every person who violates a section, subdivision, paragraph or provision of this chapter
when he performs an act thereby prohibited or declared unlawful or fails to act when such
failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be
punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
(Ord.. No. 366, 2nd series, eff. 10-7-03)
Supp. No. 12 CD11:159
'q 4
PUBLIC WORKS COMMITTEE
March 6, 2007
V. GAS PUMP SIGNAGE
ISSUE:
In the past, the City has acted to prohibit signage on or near gas pumps. Previous Council
direction was to limit visual clutter presented by such signs. The basis for the restriction has
been that such signs do not fall within the definitions of permitted signage. Given changes in
business needs and sign technology, staff invites discussion of the Committee's expectations
regarding future enforcement.
BACKGROUND:
The Sing Ordinance presently allows signage only on a freestanding business sign and wall
signage on the building/windows. As such, City staff enforced the removal of any other signage
as being prohibited.
Early last year, staff was approached by a lobbyist for the petroleum industry who took the
position that to prohibit signs on gas pumps, there needed to be a specific prohibition in the code
in that regard and that the City's interpretation of its code was not valid. He also lobbied to
include a provision in the window sign legislation (that was ultimately tabled) that would prevent
cities from regulating signs on gas pumps and other outdoor product dispensing equipment (ice
machines, pop machines, etc.).
The importance of "pump signage" to generate business from point of sale advertising is
understood due to the operator's reliance on sales of products other than gas for profitability and
the emergence of video technologies has begun to appear on gas pumps as well, where the
payment screen is also used to promote products in the store.
Staff is seeking committee direction on whether to enforce. the prohibition of signage on pumps,
to study and propose specific regulations and/or to approach the petroleum industry to discuss
reasonable standards that balance the City and business interests.
A number of years ago a similar situation arose that had to do with the outdoor display/storage of
windshield washer fluid, rock salt, soda pop, etc. at convenience gas operations. Although the
City's general philosophy has been that, with few exceptions, businesses should stock and sell
their products inside their buildings, the City Council did acknowledge the utility and customer
convenience of this type of outdoor storage and a City Code amendment to permit outdoor
product storage at convenience stores was approved. Such outdoor display was required to meet
uniform dimensional and locational limits.
Agenda Information Memo
March 6, 2007 Public Works Committee Meeting
VI. U.S. CLIMATE PROTECTION AGREEMENT
ACTION TO BE DISCUSSED:
To provide a recommendation to the City Council regarding the City of Eagan's
participation/endorsement of the U.S. Mayor's Climate Protection Agreement and Cool
Cities program.
FACTS:
• Mr. Bruce Goff recently appeared before the Council at a Listening Session with a
recommendation that the City consider supporting the U.S. Mayor's Climate
Protection Agreement and join in the Cool Cities Program.
• This item was directed to the Public Works Committee for further review and a
recommendation is to be brought back to the City Council.
• Thus far, the cities of Duluth, Minneapolis, St. Paul, Burnsville, Apple Valley, Eden
Prairie, and Rochester have signed on in support of the Climate Protection
Agreement.
• Mr. Goff has suggested support for the agreement in light of the Council's recently
adopted goal to preserve the City's natural resources through the creation of an
energy and consumer resources plan and the implementation of a water conservation
program.
• The Committee is encouraged to discuss the merits of the Agreement and the Cool
Cities Program and make a recommendation to the City Council as a whole on
whether the Climate Protection Agreement and the Cool Cities program is something
the City should support or pursue further.
ATTACHMENTS:
• Enclosed on paged through ' -D is a written copy of the verbal comments
provided by Mr. Goff at the Council's Listening Session.
• Enclosed on pages % through/ is a copy of the U.S. Mayor's Climate
Protection Agreement.
• Enclosed on pages throughI is a summary of the Cool Cities Program.
1 Mayor McGuire and council members, my name is Bruce Goff. My
2 family and I have lived in Eagan since 1993. It is a great community.
3 Eagan is changing, though, as it matures and starts going through its
4 first rounds of redevelopment. Other changes are on the horizon in
5 the form of climate change which will create its own set of statutory
6 and regulatory challenges to our community and its energy providers.
7
8 Tonight, I am here to ask you to consider joining in the U.S. Mayor's
9 Climate Protection Agreement. This is a non-binding show of support
1o for policies and activities that will help reduce the carbon footprint of
11 this community. This agreement was adopted by the U.S.
12 Conference of Mayors and is supported by other organizations. The
13 cities of Duluth, Minneapolis, St. Paul, Burnsville, Apple Valley, Eden
14 Prairie and Rochester along with 350 other cities across the nation
15 have signed on to this Agreement.
16
17 I have discussed this briefly with Mr. Hedges and Mr. VanOverbeke
18 and to-date no work has been done by Eagan on the Climate
19 Protection Agreement. However, Mr. Hedges indicated that you will
20 be adopting a new set of goals and a vision for the city that is looking
21 closely at how the City of Eagan uses energy and water. I firmly
22 believe that any of these activities are in keeping with the city's
23 current vision statement. which calls for active stewardship and
24 conservation, active participation with agencies or organizations
25 which lead to advancing intergovernmental relationships, and a bright
26 future for Eagan shaped by decisions of today.
27
A0
28 In signing this Agreement, I am asking the city to consider the current
29 situation and future actions it could take. As you move from goal
30 setting to implementation, I would ask you to include a broad section
31 of the community involved. Tasking the Advisory Planning
32 Commission, or forming a new commission to work with the city staff
33 on these issues seems appropriate. Individuals, businesses, and
34 faith-based organizations have all become very active on these
35 issues and their voice should be included. The first step would be an
36 inventory the city's carbon output. The city can choose its own
37 process for this or free tools are available through the U.S.
38 Conference of Mayors. Once completed, the commission and/or city
39 staff can work with the other communities and organizations to
4o develop recommendations for this body to consider and adopt. This
41 could work for both energy and water.
42
43 The recommendations are meant to reduce the city's climate impact
44 and make it more sustainable, but it is also meant to be financially
45 beneficial to the city and its taxpayers. As an example, St. Paul has
46 instituted a Comprehensive Energy Conservation Improvement
47 Program which is predicted to save $7.9M and 81,000 tons of C02
48 per year.
49
5o As I stated in the beginning, Eagan is a great community and has
51 been a good steward of our natural resources. I may actually be a
52 little late in asking you to consider this type of activity. My hope is
53 that by using a framework such as the U.S. Mayors Climate
54 Protection Agreement you put some teeth behind your goals that the
55 citizens can participate in and we can measure progress as time
56 moves on. It seems that there are already a lot of tools and thinking
57 out there which Eagan can take advantage of, so we can adopt those
58 strategies which are right for our community.
59
6o Thank-you for your time and consideration of this matter. I will be
61 glad to answer any questions that I can, or do follow-up research as
62 required.
63
64 Bruce Goff
65 782 Mill Run Path
66 Eagan, MN
67 55123
68 651-686-7170
ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT
WHEREAS, the U.S. Conference of Mayors has previously
adopted strong policy resolutions calling for cities,
communities and the federal government to take actions
to reduce global warming pollution; and
WHEREAS, the Inter-Governmental Panel on Climate
Change (IPCC), the international community's most
respected assemblage of scientists, has found that
climate disruption is a reality and that human
activities are largely responsible for increasing
concentrations of global warming pollution; and
WHEREAS, recent, well-documented impacts of climate
disruption include average global. sea level increases
of four to eight inches during the 20th century; a 40
percent decline in Arctic sea-ice thickness; and nine
of the ten hottest years on record occurring in the
past decade; and
WHEREAS, climate disruption of the magnitude now
predicted by the scientific community will cause
extremely costly disruption of human and natural
systems throughout the world including: increased risk
of floods or droughts; sea-level rises that interact
with coastal storms to erode beaches, inundate land,
and damage structures; more frequent and extreme heat
waves; more frequent and greater concentrations of
smog; and
WHEREAS, on February 16, 2005, the Kyoto Protocol, an
international, agreement to address climate disruption,
went into effect in the 141 countries that have
ratified it to date; 38 of those countries are now
legally required to reduce greenhouse gas emissions on
average 5.2 percent below 1990 levels by 2012; and
WHEREAS, the United States of America, with less than
five percent of the world's population, is responsible
for producing approximately 25 percent of the world's
global warming pollutants; and
WHEREAS, the Kyoto Protocol emissions reduction target
for the U.S. would have been 7 percent below 1990
.levels by 2012; and
WHEREAS, many leading US companies that have adopted
greenhouse gas reduction programs to demonstrate
corporate social responsibility have also publicly
expressed preference for the US to adopt precise and
mandatory emissions targets and timetables as a means
by which to remain competitive in the international
marketplace, to mitigate financial risk and to promote
sound investment decisions; and
WHEREAS, state and local governments throughout the
United States are adopting emission reduction targets
and programs and that this leadership is bipartisan,
coming from Republican and Democratic governors and
mayors alike; and
WHEREAS, many cities throughout the nation, both large
and small, are reducing global warming pollutants
through programs that provide economic and quality of
life benefits such as reduced energy bills, green
space preservation, air quality improvements, reduced
traffic congestion, improved transportation choices,
and economic development and job creation through
energy conservation and new energy technologies; and
WHEREAS, mayors from around the nation have signed the
U.S. Mayors Climate Protection Agreement which, as
amended at the 73rd Annual U.S. Conference of Mayors
meeting, reads:
The U.S. Mayors Climate Protection Agreement
A. We urge the federal government and state
governments to enact policies and programs to meet
or beat the target of reducing global warming
pollution levels to 7 percent below 1990 levels by
2012, including efforts to: reduce the United
States' dependence on fossil fuels and accelerate
the development of clean, economical energy
resources and fuel-efficient technologies such as
conservation, methane recovery for energy
generation, waste to energy, wind and solar
energy, fuel cells, efficient motor vehicles, and
biofuels;
B. We urge the U.S. Congress to pass bipartisan
greenhouse gas reduction legislation that includes
1) clear timetables and emissions limits and 2) a
flexible, market-based system of tradable
allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol
targets for reducing global warming pollution by
taking actions in our own operations and
communities such as:
1. Inventory global warming emissions in City
operations and in the community, set reduction
targets and create an action plan.
2. Adopt and enforce land-use policies that reduce
sprawl., preserve open space, and create compact,
walkable urban communities;
3. Promote transportation options such as bicycle
trails, commute trip reduction programs,
incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy
by, for example, investing in "green tags",
advocating for the development of renewable
energy resources; recovering landfill methane
for energy production, and supporting the use of
waste to energy technology;
5. Make energy efficiency a priority through
building code improvements, retrofitting city
facilities with energy efficient lighting and
urging employees to conserve energy and save
money;
6. Purchase only Energy Star equipment and
appliances for City use;
7. Practice and promote sustainable building
practices using the U.S. Green Building
Council's LEED program or a similar system;
8. Increase the average fuel efficiency of
municipal fleet vehicles; reduce the number of
vehicles; launch an employee education program
including anti-idling messages; convert diesel
vehicles to bio-diesel;
9. Evaluate opportunities to increase pump
efficiency in water and wastewater systems;
recover wastewater treatment methane for energy
production;
10.Increase recycling rates in City operations and
in the community;
11. Maintain healthy urban forests; promote tree
planting to increase shading and to absorb C02;
and
12. Help educate the public, schools, other
jurisdictions, professional associations,
business and industry about reducing global
warming pollution.
NOW, THEREFORE, BE IT RESOLVED that The U.S.
Conference of Mayors endorses the U.S. Mayors Climate
Protection Agreement as amended by the 73d annual U.S.
Conference of Mayors meeting and urges mayors from
around the nation to join this effort.
BE IT FURTHER RESOLVED, The U.S. Conference of Mayors
will work in conjunction with ICLEI Local Governments
for Sustainability and other appropriate organizations
to track progress and implementation of the U.S.
Mayors Climate Protection Agreement as amended by the
73=d annual U.S. Conference of Mayors meeting.
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MOVING FROM COMMITMENT TO ACTION:
GETTING CITIES TO PUT GLOBAL WARMING SOLUTIONS TO WORK
The Cool Cities campaign is focused on getting communities around the country to make
commitments to curb global warming and then follow through by putting smart energy solutions
to work to meet these goals.
Getting a city to sign the U.S. Mayor's Climate Protection Agreement is an important first step in
the campaign. However, making this commitment is just the beginning to becoming a Cool City.
This fact sheet is intended to help local Cool Cities campaigns get their communities to take the
next steps.
While each city's path will be unique, there are general steps that any Cool Cities campaign can
follow to move a city in the right direction. The following three steps provide a general outline
for how to move your city from a commitment to reduce global warming emissions to actually
adopting a comprehensive plan to reach its goal.
? GETTING STARTED
Once a city has signed the U.S. Mayor's Climate Protection Agreement, it is important to
recognize the steps that the city has already taken to lower global warming emissions, and
propose easy first steps that the city can take to cut energy use, lower energy bills, and curb
global warming emissions.
STEP 1: IDENTIFY POLICIES THAT THE CITY HAS ALREADY ADOPTED
When many cities decide to make an effort to reduce global warming emissions, they often find
that the city has already adopted some policies that reduce global warming emissions and save
taxpayer dollars through reduced energy use. For instance, the city may already have purchased
some hybrid vehicles for the city fleet or installed energy-efficient lighting in a city building.
STEP 2: IDENTIFY & RECOMMEND INITIAL ACTION ITEMS
There are a range of policies that can be adopted by the city as initial action items. These "low
hanging fruit" represent easy to achieve policies that have clear cost savings to the city in
addition to global warming benefits. In general, initial action items involve city buildings and
operations.
For instance, cities can move forward by installing energy efficient lighting in city buildings,
installing LED lights in traffic signals, purchasing hybrids and other fuel efficient vehicles to
replace outdated fleet vehicles, implementing anti-idling policies for city fleet vehicles, and
having a policy to purchase energy-efficient electronics and appliances that have the federal
government's Energy Star label . By focusing on steps that the city can take in its own
operations, you will demonstrate to city officials that reducing global warming emissions is
relatively easy and cost-effective. These initial successes will help build enthusiasm and support
for future decisions to adopt more far-reaching policies to reduce emissions.
? PREPARE A CITYWIDE GREENHOUSE GAS EMISSIONS INVENTORY
The next step is to get the city to conduct a city wide greenhouse gas emissions inventory.
Getting your city to undertake a greenhouse gas emissions inventory is an excellent way to
deepen the city's commitment to meeting the goals of the U.S. Mayor's Climate Protection
Agreement because it forces the city to identify the source and quantity of its emissions as well
as the likely areas where emissions can be reduced.
STEP 1: GET YOUR CITY To BECOME A MEMBER OF ICLEI OR STAPPA/ALAPCO
The Sierra Club does not currently have the technical resources to conduct a greenhouse gas
emissions inventory for individual cities. As a result, a local Cool Cities campaign will need to
get the city government to access those resources from other organizations. One organization
that we recommend is the International Council for Local Environmental Initiatives (ICLEI),
which provides technical assistance and support for local governments in the implementation of
sustainable development - http://www.iclei.org/us. Due to staff limitations, the Sierra Club has a
standing agreement with ICLEI that Sierra Club representatives will not contact them directly,
but rather that we will encourage city governments to contact ICLEI directly. ICLEI does
require cities to pay a relatively inexpensive membership fee. Information on how to become a
member of ICLEI is available online, including membership fees, at -
http://www.iclei.org/index.php?id=422
In addition to ICLEI, the State and Territorial Air Pollution Program Administrators and the
Association of Local Air Pollution Control Officials (STAPPA/ALAPCO), promotes
communication between local, state, and federal agencies in the efficient management of air
resources - http://www.4cleanair.org/. STAPPA/ALAPCO provides assistance in some instances
to help cities conduct a greenhouse gas emissions inventory.
STEP 2: CITY OFFICIALS SHOULD DOWNLOAD THE ICLEI AND STAPPA/ALAPCO
SUPPORTED CLEAN AIR AND CLIMATE PROTECTION SOFTWARE (CACP)
CACP software helps cities compute their baseline carbon emission rates and organize the data
needed to create a Greenhouse Gas Inventory and, consequently, a Local Action Plan. ICLEI
and STAPPA/ALAPCO will work with city officials as they learn to navigate this program. See
- www.cacpsoftware.org - for more information on this software product
? CREATE A LOCAL CLIMATE ACTION PLAN
In order to insure that the city maintains its commitment to reducing global warming emissions
over the long-term, it is critical that the city create an action plan that lays out concrete steps and
policies that will result in sufficient greenhouse gas reductions to meet the goals laid out in the
U.S. Mayor's Climate Protection Agreement. Creating an action plan also allows for consistent
planning and continuity when a new mayor takes office.
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STEP 1: FORM A CITY COMMISSION TO DEVELOP THE CLIMATE ACTION PLAN
Establishing a city commission tasked with developing a climate action plan is the best way to
build support from city officials and the public. Creating an official commission also lends
legitimacy to the process and makes it easier to hold the city accountable to its commitment in
the future. A commission should be comprised of representatives from relevant city agencies as
well as stakeholders from the community. For instance the commission could be comprised of
city officials from the city environmental agency, fleet management, city operations, and other
relevant departments. In addition, the commission should include a local Sierra Club leader,
representatives from the business, faith, labor, health, and academic communities and other
organizations from the local Cool Cities coalition.
Once convened, the commission should meet regularly to develop the proposed climate action
plan for the community. At the beginning of the process, a firm deadline should be set for
publishing and publicizing the plan. This ensures that the commission's work results in the
release of an actual climate action plan and that the process does not get sidelined. The
commission's final report should provide specific policies for the city to adopt that will meet the
city's global warming emissions reduction goals in the most cost-effective manner.
For guidance, here are links to climate action plans that have been adopted by communities
around the country.
Seattle: http•//www seattle gov/climate/report.htm
Keene, NH: htti)://www.ci.keene.nh.us/planning/climate protection.htm
Fort Collins, CO: htti)://fcgov.com/airguality/lap.l)h-p
Austin: htti)://www.austinenergy.com/About%2OUs/Newsroom/Rep orts/strategicPlan.pd
Charleston, SC: ht!p://www.cofc.edu/-ehgas/C harleston SC %20LAP.pdf
Los Angeles, CA: http://www.l,acity.org/ead/EADWeb-AOD/C imateActionPlan.pd
Portland, OR: http•//egov oregon gov/ENERGY/GBLWRM/Strategy.shtml
San Francisco, CA: htla;Lsfwater.org/detail.cfm/C ID/2137
Somerville, MA: htt-o:Hmassclimateaction or./pdf/ eedfordPlan200l.i)df
San Diego: http://www. gov/environmental-services/sustamable/pdf/climate prot_05.Qdf
King County, WA: httT)://www.metrokc.jzov/globalwaTmin Sonoma County, CA: http://www.climateprotectioncaml)aign.org/sonomaccp/2002 accomplishments.php
STEP 2: PROMOTE THE CLIMATE ACTION PLAN AND REPORT ON ITS PROGRESS
Once the climate action plan is finalized, it is important that it become public. Holding a press
conference with the mayor and the commission is an excellent way to generate local media
coverage. Publicizing the plan will not only help solidify the city's commitment, it will also help
educate citizens about the opportunities that they can take to reducing global warming emissions
in their own lives.
Finally, it is critical that the climate action plan include regular reporting requirements. The
climate action plan should require that a relevant city department be responsible for tracking the
city's performance to carry out its plan. These regular reports (either annual or more often as
needed) should detail the progress the city has made in implementing the policy
recommendations, the global warming emissions that have been reduced, the energy and cost
savings realized, and the progress made towards reaching the city's global warming emissions
reduction targets.
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