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HomeMy WebLinkAbout2005-04-26 CC Meeting Packet EnclosureMeeting Date April 26 2005 Agenda Item Title: VSSA Well Installation Tim 3 minutes Agenda Placement Old Business Originating DepartmentiReque Oak Park Heights Request for Council Action Requester's Signature Action Requested Cosider an Approve Agreement hnson C A ii itiator Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Enclosed is the final draft of an agreement between the City and VSSA that would set certain parameters and guidelines for their operations of their new irrigation well. As you recall, this item was discussed in Nov 2004 and the Council directed staff to prepare an agreement with VSSA that effectively addressed the City's concerns on potential impacts of their new irrigation well. For your reference I have attached the Nov 2004 council action memo, please review as it is a good refresher discussion. Accordingly, attached is a fmal draft of such agreement and I recommend that the Council approve the agreement, subject to final review by the City Attorney's office. ***On a related note, VSSA will be seeking permission for the construction of a gazebo-type facility, where the lower elevations of such structure would house the pumping units and other mechanical apparatus for this new irrigation well. VSSA would be required to submit to the City for review a Site Plan Review Application discussing such gazebo and the Council may take action on such proposal. A gazebo is an allowable use in their PUD district and is a relatively minor change to their entire PUD. This discussion will be placed on the May 10 agenda.*** and, SUPPLEMENTAL AGREEMENT TO THE MCICEAN SQUARE DEVELOPERS AGREEMENT CITY OF OAK PARK IJEIGM'S WASHINGTON COUNTY, MINNESOTA WHEREAS, the City of Oak Park Heights and V S SA Housing and Community Services, LLC entered into a Developers Agree ecti construction and development of McKean Square within the City of Oak Park Heights in September of 2003; and, WHEREAS, the Developers have constructed a well for aesthetic and vegetative watering purposes in the development; and, WHEREAS, the well as sited and located (See Exhibit "A ") provides a potential source of conflict with a future municipal well to be located by the City of Oak Park Heights; AREAS, the siting of the future municipal well may be impacted by the location of the well as constructed on the site by the Developer; and, WHEREAS, consent to the well as located by the Developer has been requested of the City of Oak Park Heights by the Department of Natural Resources; and, WHEREAS, the City is willing to consent to the location of such a well and its operation upon certain terms and conditions; and WHEREAS, The siting of wells will be influenced by the special well construction area established under the Minnesota Department of Health and the Minnesota Pollution Control Agency now located in parts of Baytown and West Lakeland Townships and the City of Bayport as outlined in attached Exhibit "B". NOW TBEREFORE, be it agreed hereto between the parties as follows: vierlingln rlophlvssalsupp agreement to McKean Square Dev Agr April 20, 2005 The City of Oak Park Heights will withdraw all objections to the well constructed upon the premises of McKean Square by the Developer as the same has been presented to the Minnesota Department of Natural. Resources and the Minnesota Pollution Control Agency and the Department of Health, in exchange for which the Developer 4grees as follows: 1. That in the process of siting a future municipal well by the City of Oak Park Heights, should the existence ofthe Developer's well on the McKean Square site materially impair, impede or create greater expense for the City of Oak Park Heights in the process of locating its needed third municipal well with no other reasonable alternate site existing in the area for location of the city's well as re asonablydetermi.ned by the City then, the Developer shall within 120 days of written notice of such determination by the City implement alternate engineering or optio i al alternatives to mitigate the additional expenses subj ect to the review and approval of the City's Engineer, if no such alternatives exist or they are not i mplemented, then, the Developer shall cap and close off its well on McKean Square or otherwise pay to the City of Oak Park Heights the difference incurred by the City in re- siting the well to another location so that it is not impacted by the irrigation well constructed upon the site of McKean Square by the Developer. Should the location an.dlor operation of a Municipal well impair or impede the well used for irrigation by Developer there shall be no claim or liability against the City asserted or commenced by Developer against the City for any claimed toss of use or damage. Additionally, should the current BaytownnTCE plunge as monitored by the MPCA and Minnesota Department of Health migrate further north of its current location Developer shall cooperate with the Minnesota Department of Health, MPCA and City if requested to suspend pumping activities as part of their efforts to influence the movement of the plume. .2. The Developers of McKean Square and the current operators of the irrigation system and the well constructed by the Developer shall lower the drop height to their vierl ng/n- r /ophlvssalsupp agreement to McKean Square Dev Agr April 20, 2005 well to gain additional available head in the manner recommended by Mr. Dennis Postler of Bonestroo, Rosene, Anderlik and Associates, the City Consulting Engineers. (See Exhibit C) Copies of the well drilling logs shall be provided by Developers to the City. 3. The Developers of McKean Square do acknowledge that they have been given a copy of the letter received by the City from the Minnesota Department of Health, Mr. Steven W. Robertson, Hydrogeologist, that indicates, "The location you .(the City) are proposing are sufficiently close to the plume, and the rates you will need to pump are sufficiently high that careful consideration should be made by you (the City) to ensure that groundwater contamination would not mitigate northward and [a]ffect the well(s)." The Developers acknowledge that their proposed well will be closer to the wellhead protection area and contamination plume than the City's once contemplated wells and could potentially lead and/or contribute to contamination of the City's aquifer. 4. Developer shall establish watering zones for the irrigation system to be located and used upon its property and substantively comply with City watering bans and/or city wide restrictions including odd/even or total watering bans by altering the irrigation practices within the established zones. Copies of irrigation zone maps shall be provided to the City. IN WITNESS WHEREOF, the parties have hereunto set forth their hands and seals this day of 2005. CITY OF OAK PARK MIGHT'S David Beaudet Mayor Eric Johnson City Administrator vierlingln- riophivssa/supp agreement to McKean Square Dev Agr April 20, 2005 Drafted by: Mark J. Vier ling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIBRLINC, P.L.LLP. 1835 Northwestern Avenue Stillwater, Minnesota 55082 vierling/n-r /opblvssalsupp agreement to McKean Square Dev Agr April 20, 2005 VSSA SA HOUSING AND COMMUNITY SERVICES, LLC Its Its E ►LILBIT "A" VSSA PROPOSED WELL SITE vierling/n r /ophlvssalsupp agreement to McKean Square Dev Agr April 20, 2005 == NOILti.1.0 IMIEM111111.21■12 .111•1111111111111MIINIUMI IIIIN.111111111111 1•• 1 LLJ C.. EL . U.! 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'�: ��L► r r.,� k ` t �` a[9if0S F S 9 s 7 �f, �[ �C1��1 [p��iSRi March 21, 2000 Protecting, Maintaining and Improving the Health of All Minnesotans The Honorable Dave Schaaf Mayor, City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Mayor Schaaf: This letter is in response to an inquiry from Mr. Dave Beaudet regarding wellhead protection and new well placement. The Minnesota Departrnent of Health (MDH) currentl y administers the i wellhead protection and source water protection programs n the state of Minnesota. The wellhead protection program is mandatory, and the city of Oak Park Heights will be responsible for conducting g its own planning. The city was notified in February 1 999 that it has until February 12, 2002, to complete its wellhead protection plan. In talking to Mr. Beaudet, we learned that the city is considering locations for new wells. Our interest at MDH is to help public water suppliers produce the highest quality drinking water supplies g PP possible for a given area. Accordingly, we thought we should remind you of the Special Well Construction Area that is established in Baytown Township, dust south of the city of Oak Park Heights. This well advisory was is on May 6, 1988, because volatile organic chemicals were detected in dunking water wells. The contaminants detected include trichlorethylene (TCE), c arbon tetrachloride, tetrachloroethylene, and cis -- l ,2 - dichloroethylene. The contamination has been detected in wells completed in the surficial sand aquifer, Prairie du Chien dolomite, and Jordan Sandstone. The location of the northernmost boundary of the Special Well Construction Area is shown on the attached figure. Some of your prospective locations are close to this well advisory area. Water quality testing that was conducted last fall (Wenck, December 1999, Fall 1999 Water Quality Update Report, Baytown Township Groundwater Contamination Site) documented that the plume P e of contaminated groundwater has migrated beyond the boundaries of the Special Well Constructs P on Area. The Well Management Section of MDH is currently reviewing these data to determine g how to revise the boundaries of the area. The attached figure shows the portion of Section 8 that may be added to the Special Well Construction Area (this area is identified by the dotted yellow y y line on the map). The attached figure also shows the approximate limits of the TCE plume as mapped in P pp the fall of 1999. Additional changes may also be made to the existing boundaries of the Special g pec�al `ell Construction Area on the west and south. The locations of your proposed wells fall outside the current and ro sed Special Well Construction I� P on Area; therefore, no special consideration or prior approval (other than the usual lan review) ) is needed from MDH to construct your wells. However, the locations ou are considering are g e 121 East Seventh P6c' . St P:ml M1\1 S l n �,ttt,•II�. -,,�.• 3-,� ! L, ..� The Honorable Dave Schaaf Page 2 March 21, 2000 sufficiently close to the plume, and the rates you will need to pump are sufficiently high that careful consideration should be made by you and your consultant to ensure the groundwater contamination would not migrate northward and affect the well(s). The other factor we wanted to bring to your attention, with respect to the proposed well(s), is the bedrock valley oriented roughly in an east -west direction. Glacial deposits currently fill most of the valley, and there is no obvious expression of the valley on the ground surface. The area of this buried valley in which the Jordan subcrops is shown on the attached figure. The northernmost of the proposed well sites is likely to be located directly over the bedrock valley. We can think of a couple of potential problems with this location. First, while the Jordan is present at this location, it is not present at its full thickness. The best information we have from the Minnesota Geological Survey (MGS) suggests less than half of its usual 90 to 100 foot thickness may remain near that site. Well production is directly related to aquifer thickness, and the smaller thickness of Jordan in this area may adversely affect well yield. It is possible that some of the valley fill materials may be sufficiently coarse to augment the production from the partial thickness of the Jordan, but MGS characterization of the glacial deposits in Washington County suggests 150 feet or more of clay and sand till may be present near the northernmost proposed well site. Second, recent experience in the Stillwater area suggests that the Jordan is very soft and friable in areas where the Prairie du Chien is absent or thin. At a well site in Stillwater, the driller has had trouble maintaining an open borehole under such conditions. The well has been collapsing and they may need to find an alternate site. Our interest in helping you make a sound decision with respect to your new well site is due to MDH's responsibility for administering the wellhead protection program in Mixinesota and our interest in ensuring public health by protecting drinking water supplies, We would be willing to meet with you, your council, and/or your staff to discuss the material described in this letter further. Please contact me at 651/2154322 with any questions you have on this letter. Sincerely, .- Stephen W. Robertson, Hydrogeologist Source Water Protection Unit Drinking Water Protection Section r • i SWR :tvw Enclosure cc: Mr. Torn Melena, City of Oak Park Heights Mr. Dave Beaudet, City of Oak Park Heights bcc: Mr. Bob Smude, Engineer, Community Public Water Supply Unit Mr. Art Persons, Planner, Source Water Protection Unit Mr. Dave Beaudet Bedrock Valley AoPoS(0) w4-� str4,z, Special Well Advisory Area (south of this line) J • y � TKDA MOW ENGINEERS • ARCHITECTS • PLANNERS April 4, 2000 Honorable Mayor Dave S City of Oak Park Heights 14165 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Mayor Schaaf: The TDwn Board of Baytown and l have reviewed the letter to you from the Minnesota. Department of Health dated March 21, 2000. This with letter outlined potential problems drilling a well on the prison p' p mis with p property. Of enormous concern to Baytown To . chance that pumping wnshlp is the chance p g` from a well in this location may increase y the size of the contamination plume from the Lake Elmo Airport. Thomas Frew, P.E. Township Engineer cc: Baytown Town Board Stephen W. Robertson - Minnesota Department of p Health An Equal Opportunity Employer . wry a'R ww APR ail TOLTZ. KING, DUVALL Mp AND ASSOCIATES. IN R$ON 444M STREET SAINT PAUL MINNESOTA 55141.2140 1214ONE:5511292-403 FAX:651/ As noted in that letter, contamination is present nearby _�- . P by in the Jordan Sandstone aquifer. concerned because rnan Baytown � � we are y ytown Townsh residents have was that draw aqulfex. In addition to the obvious w from health concerns, a change in the plume ` real and negative � p size or direction would have very gative i npacts on property values within the Township. We request that the City of Oak Pak Heights immediately • . � dxately stop drilling of the test well planning of a public water supply well on and pp y n this site entirely. April 13, 2000 The Honorable Dave Schaaf Mayor, City of Oak Park :Heights 14168 57 Street North, Box 2007 Oak Park Heights, MN 55082 Dear Mayor Schaaf Minnesota Pollution Control Agency It has recently come to our attention that the city of Oak park Heights (City) is considering installing a municipal water supply well or series of municipal wells just outside the Minnesota Department of Health's (MDH) current well advisory area in the Baytown Township. As you may know, the well advisory is in place due to trichloroethene (TO) contamination primarily in the Prairie Du Chien aquifer, but that also has been detected in some samples from the deeper Jordan aquifer. The Miniesota Pollution Control Agency (MPCA) is currentty egging the Metropolitan Airports Commission (MAC)) to ensure that all private water supply wells within this advisory area exceeding health based limits for TCE are protected with granular activated carbon filtration systems. This letter serves to advise the City of the following information that should be carefully considered prior to commencement of municipal well installation. • IsilDH is currently considering a revision of the well advisory boundaries, based on recent ground water monitoring data Future boundary lines could potentially encompass a significantly larger area than is now covered. This area could potentially include the proposed municipal well locations. • While the health risk limit (HRL) set by MDH for TCE in drinking water is currently 3014/1 for private drinking water wells, the applicable standard for municipal water supply wells is the U.S. Environmental Protection Agency maximum contaminant level (ICS.) of 5 Aga. • Insulation and pumping of a large capacity municipal well (S3Ogallons per minute) as we understand is being proposed, canes with it the risk of expanding the TCE plume due to the well's relatively large zone of influence. If this were to occur there could be potential liability issues for the City, and if the new city well(s) becomes contaminated the City could incur additional high costs for installation of a municipal activated carbon treatment plant. 520 Lafayette Rd. N.; St. Paul, MN 551 55 4194: (651) 296 -5300 (Voice); (651) 292 -5332 (TTY) St. Pau! • Brainerd • Detroit Lakes - Duluth • Mankato • Marsha • Rochester r Willmar; www.pca.state. r n.us Equal O portuniry Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. w : 4 the Honorable Dave !" April 13, 2000 • Page Z We are available to discuss this further, and recommend a meeting as soon as possible with the City, MDH and .MPt',.A. staff. If you have questions regarding this matter or would like to set up a meeting, please contact Richard Baxter (651/Z97 -8471) or TIM Seaberg (6311196- 7823), Singly, Michael Kanner, Section meager Site Remediation Section Metro District MX:smin cc: Tom Melena, City of Oak Park Heights Pat Sarafolian, Minnesota Department of Health • _. • TOTAL P.03 E IT "C" CORRESPONDENCE FROM crry ENGINEER vieriingln- rloph/vssalsupp agreement to McKean Square Dev Agr April 20, 2005 Bonestroo Rosene AnderHk & Associates Engineers & Architects October 1, 2004 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd., P.O. Box 2007 Oak Park Heights, MN 55082-2007 Re: McKean Square Irrigation Well BRA File No. 55-03 --129 Dear Eric: Bonestroo, Rosene, Anderlik and Associates, Inc. is .ffirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvaia, RE, • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A, Bourdon, P.E. p Mark A. Hanson, RE. Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, FE. • Richard E. Turner, P.E. • Susan M, Eberlin, C " Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, PE. • Richard W. Foster, RE. • David O. Loskota. Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • David A. Bonestroo, 1'UI.v.H. Sidney P. Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, PE. • Thomas W. Peterson, P.E. • James R. Maiand, RE. • Miles B. Jensen, P.E. • L. Phillip Gravel III, P.E. • Daniel J. Edgerton, P.E. • Ismael Martinez, P.E. • Thomas A. Syfko,•P,E. • Sheldon J. Johnson • Dale A, Grove, RE. • Thomas A. Roushar, P.E. • Robert J. Devery, RE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com We have reviewed the permit application submitted for water appropriations for the McKean Square irrigation well. Based on our preliminary analysis of the information, we have the following comments: . 1. The location and proposed pumping rate of the irrigation well does not appear to pose a threat to the existing Oak Park Heights municipal wells. The distance from the current municipal wells is likely great enough that drawdown interference from the irrigation well on the municipal wells would be negligible. 2. The irrigation well would not likely preclude the City from installing a new municipal well in the same general area of the City, assuming the new municipal well were located at least 500 --1000 feet from the irrigation well. While the irrigation well would be expected to have some interference on a municipal well in this area, the amount of interference is likely to be small enough as to not significantly degrade the performance of a municipal well. 3. A new municipal well located near the irrigation well, however, may have some adverse impacts on the irrigation well. Specifically, drawdown interference from a high capacity municipal well may lower the water level in the irrigation well enough to affect the performance of that well. In the Well and Boring Record for the McKean Square irrigation well (uniquenumber 712467), the static water level is noted to be 75 feet, with a pumping level of 175 feet at 300gpm (gallons per minute). The drop pipe length of the pump was left at 175 feet, with the pump capacity of 300gpm. The irrigation well is initially planned to pump at 250gpm, which would result in a predicted pumping level of 158 feet, leaving only 17 feet of available head between the pumping level and the end of the drop pipe. A nearby municipal well pumping at 1000- 1500 gpm could easily have an influence that results in 10 -20 feet of additional drawdown at the irrigation well, depending on the distance between the wells and the 2335 West Highway 36 St. Paul, MN 55113 651-636-4600 Fax: 651- 636-1311 local transmissivity of the aquifer. This could cause the irrigation well to pull air while both wells are pumping simultaneously. Additionally, further municipal wells (Le. a fourth City well) would compound the amount the drawdown at the irrigation well. Based preliminary analysis, on our reliminar anal sis , highly we hi hl recommend that the operators of the McKean Square irrigation well consider lowering the drop pipe to their pump to gain additional available head. Since the irrigation well is cased down to 245 feet, there is sufficient room available to lower the pump in the irrigation well. Additional analysis of the potential well interference issues can be completed when sites for future municipal wells are selected. If you have any questions or require additional information, please contact me at (651) 604 -4815 or Mark Janovec at (651) 604 -4831. Sincerely, BONBSTROO, ROSENE, ANDERLIK & ASSOCIATES NO 40 Dennis M. Pastier, P.E. cc: Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Kathy Widin, City Arborist Todd A. Erickson — Folz, Freeman, Erickson, Inc. DMP, DDH, File - Bonestroo & Associates K:L 5515503129 \Word\Work_In_ rogresSlirrigatian Well comments_14- 1- 04.dac Meeting Date November 9 2004 Oak Park Heights Request for Council Action Agenda Item Title VSSA well Permit Application to the . Mn Dept. of Natural Resources Time Required: 5 minutes Agenda Placement, : New Business Originating Department'Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested: Consider and authorize coma rents to be sent to MnDNR, authorize staff to discuss/ # re . are an as I ro s riate a Bement on VSSA well. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). 1. VSSA d (McKean's Square) has submitted an application to the MnDNR for permission to draw from a well over 10,000 gallons per day 11 million gallons per year from the Jordan Aquifer for irrigation purposes. The well (but not the pumping equipment) has been installed and may draw water in amounts less than this w/out a DNR permit. This well is located within the City's Wellhead Protection Area. The City Oak Park Heights may submit comments to MnDNR by November 11 2004. 2. F The October 1st letter (as attached) from the City Engineer states that the City has a significant concern on the potential conflict of the City's capacity to provide a proper resource to a new POTABLE WELL without negatively impacting the Applicant's IRRIGATION WELL. Effectively, If the Applicants irrigation well is to be located within the City's POTABLE WELLHEAD PROTECTION AREA and based on an anticipated drawdown for a possible POTABLE WATER well it could cause this IRRIGATION WELL to "draw air ". This City's ability to provide drinking water and fire protection to its residents cannot be subject to a secondary need for lawn irrigation. MnDNR should require that the Applicants well depth /plans be revised to specifically address this issue per the comments from the City's Engineer. Should this Permit be issued to the Applicant without requiring the corrective action as stated by the City's Engineer then the MnDNR permit should be conditioned to state that if the City does install a new well that that the Applicant must at that time retrofit their IRRIGATION WELL to properly handle any anticipated and negative impacts as a result of the City's new well and that the Applicant waives its rights to any and all damages from the City. 4. Regardless of the MnDNR permits, the entirety of the McKean Square Development is permitted under a Planned Unit Development (PUD) and a subsequent Development p Agreement. While the Development Agreement between the City and VSSA does discuss the installation a well the document does not grant unilateral discretion to VSSA on the location condition and capacities of such well. Such installation may only be accomplished via a formal "Amendment" to the PUD Permit or other acceptable agreement. Accordingly, the applicant is currently not in compliance with PUD permit as the well has been installed and no PUD amendment or other agreement has preceded that event. The City has yet to take any particular action on this matter. The City has had some generic ty y discussions with the Applicant that may ultimately lead to an agreement on the location /use of such well. Staff recommends that the agreement must at least include two specific points: A. That the VSSA irrigation well be modified to the terms outlined in the city Engineer's October 1 2004 memo. S. Should the City decide to install a new well(s)within the City's Wellhead Protection Area, such well(s) may have an impact on the VSSA irrigation well /operations and vise - versa. VSSA and the City shall agree that City wells shall maintain a priority and that VSSA shall curtail, alter or cease their welt operations, at their expense, so that the City's well operations may proceed unencumbered by the VSSA irrigation well. Action Needed: Authorize staff to prepare and forward appropriate comments to MnDNR. Per item 2 above. Authoize staff to prepare an acceptable agreement with VSSA that addresses city concerns on the VSSA irrigation well Such agreement would be brought back to the Council for final approval. Per item 4 above