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01/12/2021 - City Council SpecialSPECIAL CITY COUNCIL MEETING TUESDAY JANUARY 12, 2021 5:30 P.M. VIRTUAL MEETING: Call in 651-675-5050 AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD III. INFRASTRUCTURE NEEDS ANALYSIS – UTILITY RATE STUDY PREPARATION IV. FAIR HOUSING POLICY V. LEASH ORDINANCE REVIEW VI. OTHER BUSINESS VII. ADJOURNMENT Agenda Information Memo January 12, 2021 Special City Council Workshop III. Infrastructure Needs Analysis – Utility Rate Study Preparation Direction for Consideration: Receive information and provide feedback to consider in preparation for the Utility Rate Study presentation at the March Council Workshop regarding the future funding considerations to address the increasing needs for rehabilitation and replacement of the public utility infrastructure. Facts:  Public Works Department staff have recognized a need to develop a long-term plan to ensure utility infrastructure is in good working condition to meet the continually evolving needs of the City and its utilities customers. An infrastructure engineering analysis was proposed to identify the anticipated needs for the rehabilitation and the future replacement of the infrastructure that includes all the public utility systems managed by the City. Additionally, staff have acknowledged the value of a consolidated planning effort with the upcoming Utility Rate Study to ensure that both the infrastructure and financial planning work together.  With recent concerns over reserves usage and aging infrastructure issues on the horizon, long-term forecasting is needed to extend the financial vision beyond the classic 10-year plan to an extended 50+ year plan. The infrastructure analysis includes the following utilities: Water, Sanitary Sewer, Storm Sewer, Water Quality, and Street Lights.  On June 2, 2020, the City Council authorized an engineering infrastructure analysis by Advanced Engineering and Environmental Services, Inc. (AE2S) for the purpose of supplementing the Utility Rate Study.  The engineering infrastructure analysis has been completed and includes the following elements: o Capital Needs Model and Asset Inventory Development - Model includes master planning documents, five-year capital improvement plans, city-wide comprehensive plans, city utilities budgets, asset inventory, other planned capital projects or expansions, and GIS-based inventory data. o System Growth and Redevelopment Analysis – Includes system growth and redevelopment assumptions by City staff, increased Atlas 14 rainfall considerations, and established infrastructure replacement timelines. o Operating & Maintenance (O&M) Cost Projections – Forecast budgets, escalation factors, additional insight from planning documents and asset condition assessment. o Long-Term Rehabilitation and Renewal (R&R) Plan Development – Underground facilities models incorporated pipeline age, material, and failure history to estimate the future failure probability. This information was combined with the capital needs model and the O&M projections to complete the long-term R&R plan. Above ground facilities used remaining life estimates. Water quality and streetlight utilities used the capital needs model and the O&M projections. o Model Refinements and Documentation - Refinement and adjustment will occur in conjunction with the Utility Rate Study. This process may include delaying or shifting capital and rehabilitation items to better fit within utility revenue forecasts.  Jacob Strombeck, AE2S, will share a summary of the details of the Infrastructure Needs Analysis that he guided staff through over the past six months. He and Director Matthys will address any questions from the Council after the presentation. Attachments: (1) III-1 Presentation Slides Eagan Long-Term Capital R&R Study Infrastructure Needs Analysis City Council Workshop January 12, 2021 1 Outline 1 Introduction & Study Goals / Drivers 2 3 Long-Term Capital Rehabilitation & Replacement (R&R) Plan •Water Utility •Sanitary Sewer Utility •Stormwater and Water Quality (WQ) Utility •Streetlight Utility •Utility Staffing Study Conclusions & Next Steps 2 Introduction1 3 Introduction1 •Phase 1 –Long-Term Capital R&R Study (discussed today) •Phase 2 –Utility Rate Study (to be discussed at the March Council Workshop) 4 Goal of Study (Phase 1)1 •Primary:Analyze long-term (50-years) infrastructure rehabilitation and replacement (R&R) needs to understand financial needs required to maintain our current level of service •System-wide and holistic analysis •Consider risk (consequences and likelihoods of failure) •Staffing and equipment considerations •Secondary:Develop planning tools and models for on -going R&R needs analysis 5 Current Approach to R&R Planning1 6Financial charts include 3% annual inflation $6.3 $6.0 $6.2 $6.6 $6.8 $7.8 $9.1 $10.5 $12.2 $14.1 $0.0 $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 $70.0 $80.0 Annual SpendingMillionsCurrently Planned R&R Spending (5-Year Increments) •How can we continue to maintain the current level of service to our residents in the future? •Challenges •Infrastructure is aging •Current R&R approach is spending down reserves •Future cost/investment needs will exceed currently planned funding •Increased precipitation causing an increase in infrastructure needs •Replacement costs are exceeding inflation rates Key Drivers for Study1 7 50-Year R&R Plan Water Utility2 8 •Current Infrastructure Requiring R&R Planning •22 groundwater supply wells (with plans for a future Well 23) •2 water plants and 2 pump stations •7 storage tanks/reservoirs •346 miles of pipe and 29 PRVs •Maintenance equipment •Key issue: •Timing of future replacement will be clustered together Water System Overview2 9 •Plan for pipeline replacement based on failure risk •Failure probability based on material and age •Other key risk criteria include: •Break history •Soil condition •Performance •Service connections •Service to critical facilities Water R&R Plan (Part 1)2 10 Note: by 2050, nearly all the cast iron pipe (CIP) is predicted to fail. Water R&R Plan (Part 1 continued) Pipeline Miles Replaced 2 2020-2069 Water Rehabilitation/Replacement 11 •Generalized R&R needs increase*: •Needs will increase by 150% over next 20- years (need to spend 2.5 times more) •50-years out, needs increase 430% (need to spend 5.3 times more) Financial charts include 3% annual inflation Water R&R Plan Summary2 12 Annual Utility R&R Needs (5-Year Increments) *Note: calculated as an increase from currently planned R&R spending Sanitary Sewer Utility2 50-Year R&R Plan 13 •Current Infrastructure Requiring R&R Planning •20 lift stations •274 miles of collection system •Maintenance equipment including vac trucks and camera vans •Key issues: •Desire to replace all VCP (clay) pipe by 2040 •Timing of future replacement will be clustered together Sanitary Sewer System Overview2 14 •Plan for pipeline lining and replacement based on failure risk •Failure probability based on material and age •Other key risk criteria include: •Service history •Pipeline slope and performance •Acoustic testing results •Service connections and service to critical facilities •Increase current lining program to 10,000+ feet annually Sanitary Sewer R&R Plan (Part 1)2 15 Note: by 2045, nearly all the clay pipe (VCP) is predicted to fail. Sanitary Sewer R&R Plan (Part 1 cont.) Pipeline Miles Replaced/Lined 2 16 2020-2069 Sanitary Sewer Rehabilitation/Replacement Sanitary Sewer R&R Plan Summary •Generalized R&R needs increase*: •Needs will increase by 230% over next 20-years (need to spend 3.3 times more) •50-years out, needs increase 350% (need to spend 4.5 times more) Financial charts include 3% annual inflation Annual Utility R&R Needs (5-Year Increments) 2 17*Note: calculated as an increase from currently planned R&R spending Stormwater and Water Quality (WQ) Utility2 50-Year R&R Plan 18 •Current Infrastructure Requiring R&R Planning: •21 lift stations •234 miles of collection system •Numerous storage ponds and BMPs (for improving water quality) •Maintenance equipment including sweepers and weed harvesters •Key Issues: •Increased rainfall by 25% •Evolving MS4 requirements (discharge permit) •Changing regulations Stormwater and WQ Utility Overview Annual Rainfall Trends (Statewide for MN) 2 19 Increasing annual rainfall trend. •Plan for pipeline lining and replacement based on failure risk •Failure probability based on material and age •Other key risk criteria include: •Service history •Pipeline performance •Pond performance •Flood risk to properties Stormwater R&R Plan (Part 1)2 20 Note: in general, storm sewer pipe is in good condition and predicted to last. Stormwater R&R Plan (Part 1 cont.) Pipeline Miles Replaced/Lined 2 21 2020-2069 Stormwater Rehabilitation/Replacement Stormwater R&R Plan Summary Financial charts include 3% annual inflation Annual Utility R&R Needs (5-Year Increments) 2 22 •Generalized Stormwater and WQ R&R needs increase*: •Needs will increase by 50% over next 20-years (need to spend 1.5 times more) •50-years out, needs increase 100% (need to spend 2.0 times more) *Note: calculated as an increase from currently planned R&R spending WQ R&R Plan Summary Financial charts include 3% annual inflation Annual Utility R&R Needs (5-Year Increments) 2 23 •Generalized Stormwater and WQ R&R needs increase*: •Needs will increase by 50% over next 20-years (need to spend 1.5 times more) •50-years out, needs increase 100% (need to spend 2.0 times more) *Note: calculated as an increase from currently planned R&R spending Streetlight Utility2 50-Year R&R Plan 24 •Current Infrastructure Requiring R&R Planning •3,500+ lights owned by the City, Xcel Energy, or Dakota Electric •Key Issues: •Many lights are at the end of service life/contracts •Transition to newer lamp technologies (LED) •Circuitry failures and replacements •Potential to add lighting to additional neighborhoods Streetlights2 25 Streetlights R&R Plan Annual Utility R&R Needs (5-Year Increments•Generalized R&R needs increase*: •Needs will increase by 150% over next 20-years (need to spend 2.5 times more) •50-years out, needs increase 650% (need to spend 7.5 times more) Financial charts include 3% annual inflation 2 26*Note: calculated as an increase from currently planned R&R spending Utility Staffing2 50-Year R&R Plan 27 •3 to 5 new staff members recommend in next 5-years •1 dedicated staff member for storm sewer televising •R&R plan includes equipment for new staff members Estimated Staffing Required to Meet Increased R&R Needs Annual New Staff Required ($500,000 Budgeted Increase per new Staff)* 2 28 *Note: $500,000 is based on comparison of FTEs to public works / utility budgets for other communities within the Twin Cities Metro and comparison with other national benchmarks. Study Conclusions and Next Steps3 29 •95% increase in R&R needs over the next 5-years (compared to planned funding) •Tripling of R&R needs by 2040 •By 2070, R&R needs are 5 times more, primarily driven by many assets nearing end of life (including large portions of underground infrastructure) Overall Long-Term R&R Study Findings Financial charts include 3% annual inflation 2 30 $6.3 $6.0 $6.2 $6.6 $6.8 $7.8 $9.1 $10.5 $12.2 $14.1 $12.2 $12.7 $13.5 $14.1 $20.1 $22.9 $31.2 $36.6 $65.1 $75.7 $0.0 $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 $70.0 $80.0 Annual SpendingMillionsCurrently Planned vs Estimated R&R Needs (5-Year Increments) Existing R&R Spending Estimated R&R Needs Currently Planned R&R Spending Overall Long-Term R&R Study Findings Total Utility Needs (5-Year Increments) Financial charts include 3% annual inflation 3 31 •City Council consider increase of R&R funding •Include near-term R&R funding targets in utility rate study (to be discussed in March): •How to financially plan for increased R&R needs in the future? •Continue current pay-go cash funding •Explore bonding / debt financing •How quickly to replenish and grow R&R reserves? •Continue to develop and refine long-term R&R infrastructure plan with periodic updates Next Steps3 32 Questions and Discussions 33 Jacob.Strombeck@AE2S.com Agenda Information Memo January 12, 2021 Eagan Special City Council Meeting IV. FAIR HOUSING POLICY Direction To Be Considered: To provide direction on whether the City should establish a Fair Housing Policy. Facts:  As a recipient of federal CDBG and HOME funds, the City must affirmatively further fair housing and comply with federal fair housing requirements. The City is subject to fair housing laws even though it does not own or manage public housing.  The Metropolitan Council is encouraging cities to adopt a Fair Housing Policy, and the City was required to list a Fair Housing Policy in the housing tool matrix within the 2040 Comprehensive Plan.  Beginning in 2019, the Metropolitan Council requires that cities receiving Livable Communities funding have an approved Fair Housing Policy. Two counties and 25 metropolitan cities have approved Fair Housing Policies.  Staff provided basic information regarding a potential Fair Housing Policy in the February 1, 2019 Additional, and a Fair Housing Policy was included in the 2020 Community Development Work Plan presented at the October 11, 2019 City Council retreat.  City staff have drafted a Fair Housing Policy that includes: o Making information available on-line and in-person. o Using best practices for internal processes that do not discriminate; and o Providing basic fair housing information to staff and officials.  The City will not conduct fair housing investigations or bring enforcement actions.  All fair housing complaints will be directed to the City’s Fair Housing Officer who will track complaints and refer complainants to appropriate agencies. Policy Question: 1. Does the City Council have any suggested changes in the attached Fair Housing Policy? Attachments: (2) IV-1 Draft Fair Housing Policy IV-2 Presentation CITY OF EAGAN FAIR HOUSING POLICY Approved ________________________, 2021 I. PURPOSE AND VISION Title VIII of the Civil Rights Act established federal policy for providing fair housing throughout the United States. The intent of Title VIII is to assure equal housing opportunities for all. Local governments that receive federal community development funds under Title I of the Housing and Community Development Act of 1974 are obligated to certify that they will affirmatively further fair housing, and the Metropolitan Council requires cities to adopt a fair housing policy to qualify for livable communities funding. To comply with these obligations or requirements, and because the City of Eagan is committed to racial equity and inclusion and strongly supports fair housing, the City has developed this Fair Housing Policy. II. FAIR HOUSING POLICY STATEMENT It is the policy of the City of Eagan to ensure that fair and equal housing opportunities are available to all persons in all housing opportunities and development activities funded by the City regardless of race, color, religion, gender, sexual orientation, marital status, status with regard to public assistances, familial status, national origin, or disability. This shall be done through policies that provide meaningful access to all constituents and fair housing informational and referral services. Internal practices and procedures will not discriminate and will affirmatively further fair housing. III. FAIR HOUSING OFFICER The City of Eagan has designated the following person as the Fair Housing Officer: Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 commdevelopment@cityofeagan.com The Fair Housing Officer is responsible for providing public information regarding this policy and applicable federal and state fair housing requirements and resources, and referral of all fair housing complaints. While not expected to be an “expert” in fair housing laws or to conduct any investigation or bring any enforcement actions, the Officer will be familiar with state and federal fair housing laws and the state and federal agencies that handle complaints. IV. BEST PRACTICES A. Meaningful Access to Information. a. On-line information. The City of Eagan will have information about fair housing displayed on its website, as well as access to state and federal fair housing resources including complaint forms. b. Rental registration. Information on fair housing will be provided to landlords at the time of rental registration. c. Communications. The City’s Fair Housing Officer will work with the Communications Department on regularly providing information about fair housing through the City’s media outlets. d. In-person information. The City of Eagan will provide fair housing information to anyone requesting such information at City offices. Information provided will include: i. A list of fair housing enforcement agencies ii. Fair Housing Complaint Information e. Languages. Material in other languages can be requested and provided on an individual basis. B. Staff Training. The City will provide basic fair housing information to its staff and elected officials. C. Housing Analysis. The City will review its housing inventory periodically to examine the affordability of both rental and owner-occupied housing to inform future City actions. D. Code Analysis. The City will periodically evaluate its municipal code with a focus on zoning, building and occupancy standards, to identify any potential for disparate impact or disparate treatment. E. Project Planning and Analysis. During project planning and development review, the City will consider fair housing issues, including whether potential projects may perpetuate segregation or lead to displacement of protected classes. F. Community Engagement. The City commits to ongoing community engagement. Specifically, the City commits to conversations with the community regarding potential housing projects, zoning changes, and other land use planning decisions. G. Impediments to Fair Housing. As a recipient of federal funds, the City agrees to participate in the Regional Analysis of Impediments. The City will review recommendations and consider policy changes as deemed appropriate. Date of Approval: _________________________________________ Signed: _________________________________________ Mike Maguire, Mayor Agenda Information Memo January 12, 2021 Eagan Special City Council Meeting V.Leash Law Ordinance Direction for Consideration: To provide direction regarding changes to Section 10.11 relating to certain dog regulations. Facts: ➢Current sections of the City Code regulating physical restraining and control of dog s are listed below: Section 10.11 Dog, cat ferret and horse regulation and dog licensing Subd. 1. Definitions. At large. With regard to dogs, cats and ferrets, at large means off the premises of the owner and neither is controlled by a leash or voice command of owner of suitable age nor confined in a vehicle or cage. Physical Restraint means the dog is controlled or kept as to prevent it from running at large through any of the following means or methods: 1.Kept inside of a residence 2.Kept inside a pen, cage or fenced area which is constructed strong enough to contain the dog 3.A picketed or leash, which is short enough to keep the dog from leaving the property or entering upon any public-right-of-way, yet which is long enough to not unreasonably interfere with the dog’s movement. 4.Kept inside the perimeter of a buried electronic barrier/collar system, provided the dog is trained in accordance with the system, the dog is wearing the collar, and the electronic barrier system is properly functioning. 5.Collar leash or chain no longer than six feet, and under the control of an accompanying person while off the owner’s property 6.Temporarily secured within a vehicle Subd. 2. Running at Large Prohibited. It is unlawful for the owner of any dog, cat ferret or horse to run at large. ➢Currently, the City does allow dogs to be off leash in the public, provided they are under voice control. ➢Recently the City has been asked to consider modifying City Ordinance, which would require dogs to be on a leash at all times while in public and outside. ➢Consideration may also be given to have the ordinance amendment include a requirement that dogs in yards bordering public streets or public property must be physically or electronically restrained, beyond that which is currently included in the ordinance. Attachments: V-1 Animal Control Leash Policy Research Leash Policy Research  City On Owner's Property Off Owner's Property Eagan Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be under voice command or on  leash. Dogs must be leashed in park and  recreation areas. Apple Valley Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be leashed or in a vehicle. Burnsville Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be leashed, in a vehicle or  otherwise physically controlled. Inver Grove  Heights Owners should take all reasonable steps to  secure animals on their property, including  but not limited to a fenced enclosure, an  electronic perimeter fence for which the  dog has been trained, or a chain or lead.  Dogs in common areas of apartments,  condominiums, cooperatives, and town  homes shall be kept on a leash not greater  than sixteen feet (16') in length and under  restraint at all times. Dogs must be leashed. Mendota  Heights Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be leashed or in a vehicle. Blaine Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be leashed. Bloomington Dogs must be in fenced and secure yard or  or buidling, picketed in the backyard, or  under voice command Dogs must be controlled by a leash,  provided that when persons or other  animals are within 20 feet the leash is  shortened to 6 feet. Brooklyn Park Dog must be under some form of physical  restraint such as a leash or fence or in the  presence of a competent person Dogs must be leashed or in a vehicle. Coon Rapids Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be leashed or in a vehicle. Eden Prairie Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be leashed. Leash Policy Research  City On Owner's Property Off Owner's Property Lakeville Dogs must be within a secure fence or  building, or tethered, or under voice  control, or controlled by an electronic  training collar. Dogs may not run at large. Dog must be controlled by a leash not  exceeding 25 feet, except dogs that have  passed the canine good citizen test  certification program or its approved  equivalent are permitted to be under voice  control of a dog handler, as are dogs fitted  with an eletronic collar. When a pedestrian  approaches within 100 feet, the dog must  be immediately recalled and brought under  close control. The canine good citizen test  certification, or an approved equal, must  be kept current. All dogs must be leashed  in Ritter Farm Park. Maple Grove Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be leashed or in a vehicle. Minnetonka Leash/restraint/fence not required on  owner's property. Dogs may not run at  large. Dogs must be on a leash at all times, except  when under voice command in ungroomed  areas of parks and trails. Pets are not  permitted on any developed areas of parks  and trails. A dog can be under voice  command in neighborhoods only if it is  directly beside an owner.