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HomeMy WebLinkAbout#12 - University of Minnesota Grass Study STAFF REPORT DATE: June 3, 2025 Regular TO: City Council FROM: Marty Powers, Public Works Director AGENDA ITEM: UMN Low Input Grass Research REVIEWED BY: Nicole Miller, City Administrator CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☒ Managed Growth ☒ Resilient Infrastructure BACKGROUND: The University of Minnesota is proposing to complete research on multi species of low input grass seeds in Lake Elmo. The drought resistant grasses being tested require less watering and fertilizer while still maintaining a desired appearance. The UMN is seeking four locations around the metro, one in the Lake Elmo area. The preferred site would be visible for public viewing, have minimal slope, minimal foot traffic and have access to a water supply for irrigation. An irrigation waiver will be required for irrigating the test plot every day, periodically throughout the day, should regular rain not occur during the establishment period. The new Water Tower #3 site fits these search requirements. ISSUE BEFORE COUNCIL: Does the City Council support the proposed UMN low-input grass research plot at the Water Tower #3 site and waive irrigation restriction during the establishment period in 2025? PROPOSAL DETAILS/ANALYSIS: The U of M is proposing a low-input grass seed test plot at the Lake Elmo Water Tower #3 site located at 120 Lake Elmo Ave. This research is intended to help improve conservation by developing drought resistant grass that requires less fertilizer and irrigation water use, while still maintaining the appearance of a beautiful lawn. An irrigation waiver extending beyond the 15 days for new seed would be required to ensure grass establishment and growth if regular rainfall does not occur. The UMN would install the test plot, temporary irrigation system, and public informational signage, along with maintaining the grasses for the first year. The water used to irrigate will be paid for by the UMN FISCAL IMPACT: No cost to the city RECOMMENDATION: “Motion to approve the UMN Low Input Grass Study on City property for 2025 through 2027 and provide an irrigation waiver to irrigate as needed during the 2025 establishment period” ATTACHMENTS: Slide show presentation Irrigation Ordinance License Agreement City irrigation ordinance https://lakeelmo.municipalcodeonline.com/book?type=ordinances#name=5.04.180_Water_Use_Restric tions 5.04.180 Water Use Restrictions 1. Emergency authority. To protect the health and safety of the consumers, as well as the general welfare, the mayor or city council may impose emergency regulations pertaining to city water use. Whenever the city shall determine that a critical water deficiency prevails, it may limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning, and other nonessential uses. It is unlawful for any water consumer to cause or permit water to be used in violation of such determination after public announcement thereof has been made through publication or by posting in the city hall and city website specifically indicating the restrictions thereof. 1. The mayor or city council may declare a critical water deficiency to prevail within the city whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. 2. The mayor or city council shall thereupon enact such regulations and restrictions on the delivery of water and the consumption within the city to conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. 3. When the governor declares a critical water deficiency, the mayor or city council will enact and enforce water conservation restrictions in accordance with M.S.A. § 103G.291. 4. Water use regulations and restrictions may include the right to deny applications for new or additional service connections, and provisions for their enforcement by discontinuing service to customers willfully violating the regulations and restrictions. 2. Permanent water use restrictions. To ensure the availability of essential water and fire protection, encourage water conservation and allow flexibility in the city's water system in meeting peak demands, and to reduce the required water supply and storage capacity requirements allowing for a lower cost water system, certain limitations must be placed on the city's water supply. 1. Water Irrigation Zones. Property owners in Zone A may water, sprinkle, or irrigate on Mondays and Fridays. Property owners in Zone B may water, sprinkle, or irrigate on Tuesdays and Fridays. Property owners in Zone C may water, sprinkle, or irrigate on Wednesdays and Saturdays. Property owners in Zone D may water, sprinkle, or irrigate on Thursdays and Sundays. A map depicting the zones will be maintained by the Public Works Department and appear on the City's website. 2. Time of day sprinkling ban. All property owners are prohibited from watering, sprinkling, or irrigating their lawns between the hours of 5:00 a.m. and 5:00 p.m. daily. 3. Exceptions. The permanent water use restrictions do not apply in the following situations: 1. Private wells. 2. Recently established lawns if permission is granted through a watering restriction waiver form, allowing daily watering for up to 15 days after installation. Watering must still adhere to the restricted hours for the time of day sprinkling ban. New sod or seeded lawns or other landscaping requiring watering, sprinkling, or irrigation, shall not be installed during a water shortage emergency. 3. Attended hand-watering of plants, shrubs, trees, and gardens. 3. Lawn watering, sprinkling, and irrigation. All lawn sprinkler systems and irrigation systems connected to the municipal water system, whether such systems are aboveground or underground, shall require a permit for connection and shall be installed in accordance with the state plumbing code. To conserve water, all lawn sprinkler systems and irrigation systems which are automatic or are equipped to operate automatically and which are connected to the municipal water system, shall be equipped with a rain-detection device such to prevent the system from operating when it rains (per M.S.A. § 103G.298). All lawn sprinkler systems and irrigation systems connected to the municipal water system shall be constructed and operated to prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff, low head drainage, over spray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. 4. Enforcement. Failure to comply with restrictions or prohibitions imposed under this section shall result in a surcharge for water service for each violation in an amount determined by resolution of the city council, which shall be added to the water bill for the property on which such violation occurs. Each day of violation shall be deemed a separate violation. Continued violation shall be cause for discontinuing water service. LA515\1\1029344.v1 LICENSE AGREEMENT This License Agreement (this “License Agreement”) is made and effective on __________, 2025, by and between the City of Lake Elmo, a Minnesota municipal corporation, located at: 3880 Laverne Avenue N., Lake Elmo, Minnesota, 55402 (the “City”) and the University of Minnesota, a public land-grant research institution in the State of Minnesota located at: 100 Church Street SE, Minneapolis, MN 55455-0213 (the “University”). WHEREAS, the City is the fee owner of the property containing the City’s Water Tower #3 which is located at 120 Lake Elmo Avenue N., Lake Elmo, legally described on the attached Exhibit A (the “City Property”); and WHEREAS, the University has requested that it be able to complete research by planting multiple species of drought-resistant grass on the City Property and observing and maintaining the grass for a period of three years; and WHEREAS, the City is willing to allow the University to plant and maintain multiple species of drought-resistant grass and install a temporary irrigation system and public informational signage on the City Property subject to the terms and conditions of this License Agreement; and NOW, THEREFORE in consideration of the mutual promises contained in this License Agreement, the parties agree as follows: 1. The City hereby grants to the University a non-exclusive license to keep and maintain multiple species of drought-resistant grass on the City Property in the location that is shown on the attached Exhibit B. This may include the use of a seeding blanket. The University may place signs on the City Property educating the public about its grass research. The University shall be responsible for the costs of purchasing the grass seed, planting the grass, watering the grass, installing the temporary irrigation system and hooking it up to the City’s water system, installing the signs and any other supplies needed in order to maintain the grass on the City Property. The University shall be responsible for maintaining the grass and all of the improvements permitted under this License Agreement and shall remove the improvements at the end of the term of this License Agreement. The University shall be responsible for mowing the grass. The University may perform data collection activities with respect to the grass planted on the City Property. The University may invite the public onto the City Property in order to educate the public about the grass. The public must be supervised by the University when they are on the City Property. 3. The University shall pay to the City a gross license fee for the use of the City Property in the amount of $1.00 (“License Fee”). 4. The University agrees that the use of the City Property is with the City’s permission and is not open, continuous, notorious, or in any other manner supportive of a claim of adverse possession, prescriptive easement, or other entitlement to the City Property. The parties acknowledge that this License Agreement is a license for the University to use the City Property LA515\1\1029344.v1 2 for the purpose described herein and does not confer any estate or interest in the City Property to the University, other than what is provided for in this License Agreement. 5. The University shall comply with all applicable laws, ordinances, and governmental regulations affecting the City Property and its use of the City Property. However, the City hereby grants the University a waiver of the City’s irrigation restrictions for the time period of August 1, 2025- December 31, 2025 or as otherwise approved by the City Council. The University shall inform the City’s Public Works Director of the date of planting of the grass seed. The University shall not use the City Property for the transportation, storage, handling or disposal of any Hazardous Substance, Hazardous Waste, pollutant, or contaminant as those terms are defined in 42 U.S.C. § 9601 et. seq. (“CERCLA”) or Minnesota Statutes Chapter 115B (“MERLA”). 6. The University at its expense, during the term of this License Agreement, shall keep in full force and effect a policy or policies of “occurrence” based general commercial liability insurance, providing coverage for personal property damage, personal injury, and contractual liability. The University shall provide the City with a certificate of liability insurance, effective at the commencement of its use of the City Property, with a minimum coverage of $1,000,000 per occurrence and naming the City as an additional insured. The sufficiency of the certificate of liability insurance is subject to the review and approval of the City. The above-mentioned certificate of liability insurance must be submitted by the University to the City prior to the commencement of the University’s use of the City Property. 7. The University shall defend, indemnify, and hold harmless the City, its officials, agents, contractors, and employees, against all suits, demands, causes of action, liabilities, or claims for injury or damages of whatever nature, including personal injury, death, or damage to property, arising out of, or related to the University’s use of the City Property by the University’s officials, employees, agents, participants, guests, and invitees pursuant to this License Agreement. 8. The University accepts the City Property “AS IS” and “WHERE IS,” and with all defects whether known or unknown. The University disclaims any warranty that the City Property is suitable for its use. 9. Other than the improvements specifically authorized by this License Agreement, the University shall not make any improvements to the City Property without the City’s prior written consent. The University may commence the construction of the improvements only after obtaining and providing to the City any requisite approvals, licenses, permits, and indemnifications. Any improvements made by the University to the City Property shall become the sole property of the City. Under no circumstances shall the University be entitled to any compensation from the City for the cost of any improvements made by it to the City Property. 10. This License Agreement shall commence on _________________, 2025. The University may terminate this License Agreement at any time and for any reason by providing written notice to the City. The City may terminate this License Agreement at any time and for any reason by providing 30 days’ written notice to the University. LA515\1\1029344.v1 3 11. Upon termination of this License Agreement, the University’s use of the City Property that is permitted by this License Agreement shall be immediately terminated. The City Property shall be left by the University in the same or better condition as it was at the beginning of the term of this License Agreement. If the City Property is left in lesser condition, the City may restore the City Property itself, and the University shall be responsible for the City’s costs and expenses incurred for the restoration. The City may opt to allow the grass that was planted by the University to remain on the City Property. 12. It is agreed that this License Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. 13. This License Agreement constitutes the entire agreement between the City and the University. With the exception of this License Agreement, there are no other agreements, either oral or written, between the City and the University. Any modification of this License Agreement or additional obligation assumed by either party in connection with this License Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 14. Any notice provided for or concerning the License Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this License Agreement. 15. This License Agreement does not create the relationship of principal and agent or of partnership or of joint venture or of any association between the City and the University, the sole relationships of the parties hereto being that of Licensor and Licensee under this License Agreement. 16. The University agrees not sublicense any portion of the City Property or to transfer or assign this License Agreement without obtaining the prior written consent of the City, which consent the City may grant or deny at its sole discretion. The City’s consent to any sublicensing or assignment of this License Agreement shall not be a waiver of its rights under this paragraph to any subsequent sublicensing or assignment. The University’s assignment of this License Agreement or sublicensing of its use of the City Property shall not relieve it from any of its obligations under this License Agreement. 17. All of the data created, collected, received, stored, used, maintained, or disseminated by the City in the performance of this License Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. 18. All notices required under this License Agreement must be in writing and provided to the party at the address listed in this License Agreement. The parties shall keep each other informed in writing of any change in address. 19. If any portion of this License Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected and LA515\1\1029344.v1 4 the rights and obligations of the parties under this License Agreement shall be construed and enforced as if the License Agreement did not contain the particular provision held to be invalid. LA515\1\1029344.v1 5 IN WITNESS WHEREOF, the undersigned parties acknowledge that they have read and understand this License Agreement. LICENSOR: City of Lake Elmo By: ______________________________________ Charles Cadenhead Its: Mayor By:_______________________________________ Julie Johnson Its: City Clerk LICENSEE: University of Minnesota By:_______________________________________ Its: ______________________________________ By: ______________________________________ Its: _______________________________________ LA515\1\1029344.v1 6 EXHIBIT A Legal Description of the City Property The Easterly 290 feet Westerly of the Easterly 50.00 feet of the Southerly 480 feet Northerly of the Southerly 288.75 feet of the Southeast Quarter of Section 35, Township 29 North, Range 21 West, Washington County, Minnesota, except those parts of Highway right-of-way shown on MnDOT Plat No. 82-44 as Parcels 39 and 39B. LA515\1\1029344.v1 7 EXHIBIT B Location of the Grass