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ottrel .45 SUPPLEMENTAL AGREEMENT TO THE MCKEAN SQUARE DEVELOPERS AGREEMENT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA WHEREAS, the City of Oak Park Heights and VSSA Housing and Community Services, LLC entered into a Developers Agreement affecting the 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; and, WHEREAS, 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 THEREFORE, be it agreed hereto between the parties as follows: 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 agrees as follows: 1. That in the process of siting a future municipal well by the City of Oak Park Heights, should the existence of the 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 reasonably determined by the City then, the Developer shall within 120 days of written notice of such determination by the City implement alternate engineering or optional alternatives to mitigate the additional expenses subject to the review and approval of the City's Engineer, if no such alternatives exist or they are not implemented, 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 and/or 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 loss of use or damage. Additionally, should the current Baytown -TCE plume 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 well to gain additional available head in the manner recommended by Mr. Dennis Postier 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, Hydro - geologist, 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). "; as well a letter from the Minnesota Pollution Control Agency dated April 13 2000 stating similar concerns. Both letters are enclosed in Exhibit "D ". 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 0 day of r / , 2005. CITY OF OAK P .4 • ! p±� b � eaude .t ■ ay Eric Jr , on Ci • I 1 I ' I 'stator VSSA HOUSING AND COMMUNITY SERVICES, LLC Z - Y7..... .v ,,,,, r) 1 0 t ) Its UF. p M' ,,, '.. VALERIE JEAN ALT ( ) ()) , .i Notary Public-Minnesota r;- f` M Cormiission Expires Jan 31, 2010 I ts Drafted by: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS,WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 EXHIBIT "A" VSSA PROPOSED WELL SITE C / z \ 0 -o \ o ` m < tiv�' z �w n m X s % Z A $ \ › - - 0 m r O r - m 'T1 - -�om'P C7: � , 0 i i \ • n m MI `^� v Cn v j ' `� xIX A O .' `6 Sa O r ' \�� \ ♦.r ��'i i • m �I it a �~ o c t o.ra,, 0 i =�`'9 It' • .. Q r -I Z �. - - c0 to ,-\� / i i -- _ O/ • �•�A • YES ; • • 1 S•. t 0 �� maw;..:\ /' °� %/ • �� • �i����I • 1 .--- \ / ':) ,---' - co,' - - - - / / OP / s / 0 / / / � I ' �� 9 3 55 O �` . I �` i 1 ' ,,::0,z1,51„,:rpi:2-z : 1 / i Pt_ ; ■ ■ ACS, sI i > C0 /� ' o O Z I Xl p _ R _ n i 1 !! Z 0 _ r j m o 4- ��� i 7__ _ I CJ Z - i7 ' \\kAli f _ 1 II o m o Q � � i L I \ _, m r- j W i LO 2 m -- I r \ I 1 I Z o co \ \ �, , 0 .• � \ i� ` 0 , 1 . coclv 1 1* 1 � \ . .1 n A z, ,� 'ni vi m rt' I 1 `e., l I !� I \ \;"° \ A �"'`$r1 -1 to ' 1 Z, C.S.. ,` 1 \ 7 °x A t. ^ o \ t yz I , \ \ _ ` ' \ r v v f 0 , AP 1 C.-- v !,' ,\ o I 1 4 _ w e c an° -E $ .2 . 0 0, ,, g /i g R R f p !A u Q -\ r v -S i q 4 $ ; L ei c ; 4'''t ( M 1 v`a"= ,M g C 1411 1 ; A R � :a4 MUM liMilliitilinli Fat, Freeman, Erickson. Inc- p @ R t4 PRELIMINARY GAZEBO ' O LAYOUT SENIOR HOUSING PARTNERS o d�q� 8 I i E 1 F 6' ; i2 lili L vmnNaniO S R a T R T G q 7yRNSlONW.AVaa16MR1H SILVA1PR1&NOBS 8 R# t$F4? q MCREAN SQUARE 2M5 NORM HAMIAE AVBIUE rwaspuwu r.M+unum ,0 _OV 2 OAK PARK FATS. MN ROSEVrtIb MN 55113 va.....e.� F . a «o " nc new ucsrma + o..n Muma ■ Folz, Freeman, Erickson, Inc. LAND PLANNING • • SURVEYING • ENGINEERING F FE E September 24, 2004 Molly Shodeen MN DNR Metro Waters Warner Road St. Paul, MN 55106 RE Permit Application for Appropriation of Waters of the State Dear Molly, Enclosed is the permit application for irrigation purposes for the Presbyterian Homes Facility located in the City of Oak Park Heights at the Boutwell and McKean Senior Housing Campus. The Boutwell and McKean Square Campus is currently irrigated with city water. To reduce the overall cost of irrigation with treated water from the city and to reduce the amount of water drawn from the ground water resource we have proposed a well and an irrigation pump, which will operate utilizing an existing pond as a reservoir to allow for a reduction in the rate of pumping from the well. The pond level will be maintained with the use of a float system, which will allow for a drop in the water level. The lag time for the well pump to fill the pond will allow for some potential use of rainfall that will be collected in the pond, again reducing the need for pumping from the well. The well will shut off at the existing normal water level in the pond, which is controlled and will continue to be controlled by the storm outlet structure. The pump outlet from the well has been designed with an outlet which exits into a rubber lined rock bed to control erosion. The well water then travels over a constructed waterfall into the pond/reservoir where the irrigation pump is situated. I have attached a sketch of the delivery system for clarification. The total area to be irrigated is approximately 32 acres as identified on the enclosed map. The period of irrigation as presently determined would be from May through October depending upon conditions. The amount of water delivered to the area would be approximately one -inch per week. Subtracting the average rain days for any given year the total estimated water usage for irrigation is estimated from 12.7 to 18.5 million gallons per year (See the enclosed calculation summary). This complex and costly system that has been designed will reduce the overall cost of irrigation for the owners and ultimately conserve the amount of water being pumped from the aquifer. 1 5620 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439 -8833 • Fax: (651) 430 -9331 • Website: www.ffe- inc.com Bruce A. Folz, LS Timothy J. Freeman, LS Todd A. Erickson, PE 1939 - 2001 President Vice President We contacted the Washington Conservation Office and requested the help with a conservation plan for irrigation and received a statement of opinion rather than any type of technical assistance with a conservation plan for the site. I have attached their letter dated September 24, 2004 for your information. Please contact me if ou have any questions require additional information in processing Y Yq or q any this permit application. Sincerely, Folz, Freeman, Erickson, s Inc. In Todd A. Erickson, PE 2 5620 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439 -8833 ♦ Fax: (651) 430 -9331 ♦ Website: www.ffe- inc.com Bruce A. Fol; L$ Timothy J. Freeman, LS Todd A. Erickson, PE 1939 - 2001 President Vice President ^ ^» O \\ �.: . . v � . . c. � / \ . k ` ® m ~ 5 . st N _ , . >. > ... k A \ § / \ ? c cv # 0 9 » / 2 .0 a ƒ k k k k cll • o ® p + + 2 f /- 7 o o 2 a 2 - 2 -8 E E k k ° $ j § E E iu id % k k k / w x x 0) § $ of ® T. » f ƒ TO CII n 2 w w c _ _ L. $ / . . k § co ; m k k 2 * § •; 3 -o k -o 2 c ¥ k & & 0 2 . = q w / g \ 2 CO CO 0 i G. d / / 1- In 0 $ 0 § as ,- 2 2 \ c 0 v \ 2 £ U = .� — & •/ k '� § . c \ G © -,T, ° ° D . c c § E • 2 co co « 7 = o ® ° c ° t 7, to E © 5 w@ / c § A ■ � j § $ t ° % \ 2 % 2 t co > ■ # % R 2 k k k \ k g ° k - 0 ƒ \ \ 2 > \ g ■ § §= E E ) 2 2 f E W ® § 2 \ 0 £ \ § \ k \ \ \ E 2 \ 3 + { 2 E £ - g r E f 2 k k - 4 2 E , 2 c) 2 ® ° g E E 2. 7.4 I W o 0 \ \ \ \ / \ ) \ III ] e o I w R e w _ Permit Application for Appropriation o P.A. No.(7 .e.�G,F, i A-02621 -06 0 -n Date(s) Served (Ravi/03) of Waters of the State Minnesota { 0 SWCD 01. DNR watery IRRIGATION m o c T Y NOTICE OF WARNING: All information provided on this form is considered to be publi informatipnl in accordance with the Minnesota Data Privacies Act (M.S. 15.1611 to 15.1698). N, D SEE INSTRUCTIONS...TYPE OR PRINT CLEARLY / : ' ; ',...:? - "s 1. Applicant Name (landowner or renter) 2. Business Name k � � nr n O k Vsss f I-; s:. '.: 3. Authorized Agent (if applicable) 4. Phone Numbers (with area codes) t , , , 7 5. Mailing Address t 6. City, State, Zip Code S S/ �;c 6 . , cY 53 1 . i c y '. J iIC� �` c ' / 14)- 1""-1...... f= l�l. A , 7 . Y411� E � �R./d 7. Source of Water ("X" one and complete D Additional information MUST be 8. Point of Taking/Pumping Site 9. Means of Taking and Rate supplir urce. a. 1/4 of 5i� 1/4 of 11/4 . �v{ " J a.�, One well Refer to ed lnfo each so stnrctions (7 3 s> for a. Stationary Pump(s) at•=.� gpm b.0 manifolded wells requirements. b. Section No. ,) b. 0 Portable Pump at gpm c.D Stream, ditch, or river (name) C. Township No. 2' c. 0 Gravity Flow at gpm /cfs ddWetland, lake, or impoundment (name). a;Y Un 6.J d. Range No. 100 d. 0 Other gpm/cfs 9.0 Other e. County k4 ►b (circle one) 10. Method of Measurement 11. Legal Description -Land Owned/Rented * 12. Schedule of Irrigation p� Flow Meter Township No. Range No. Section Fractional Section/Gov't Lot a OJAN ( MAY Q SEP b.D Timing Device DFEB g.JUN OCT A c.0 Electric Power Consumption D MAR AijJUL 0 NOV d.D Other DAPR NAUG 0 DEC * Rental Agreement MUST Be Submitted 13. Irrigation of: ( "X" those that apply) 14. Irrigation System To Be Used 15. Major Soils and Percentage of Each: SOIL TYPE PERCENTAGE a. 0 Upland Crops: ❑ Corn ❑ Potatoes a. 0 Center Pivot ; `; 44.6V11 > ok ❑ Alfalfa 0 Soybeans ❑ Other b. 0 Traveling Gun 5, 4 ",- ) 20 % b. D Golf Course: 09 Hole 018 Hole ❑Other c. 0 Linear System % c. 0 Wild Rice , / d.A Fixed Sprinkler �y % d. Other t C. m -.Car/ 1"5 pU � 1 5 e. O Other % 16. Total Acres Irrigated 17. Total Annual Use 19. Additional Requirements: (No. of Acres) (Inches/Acre/Year) a. KMap orAir Photo which shows: 1) Point of Taking or Pumping Site 2) Test Hole Location 3 2_ 1. if 3) Boundaries of Property Owned/Rented 4) Property To Be Irrigated b. 75.00 Minimum FILING FEE payable to: "DEPARTMENT OF NATURAL RESOURCES" 18. SOIL AND WATER CONSERVATION PLAN c. tatement of Justification /Alternative Sources 0 YES 0 NO d. 0 Additional Documents Required D 1 hereby make application pursuant to Minnesota Statutes Chapter 103G.261 and all supporting rules for a permit to appropriate water in accordance with all supporting maps, plans, and other information submitted with this application. The information submitted and statements made conceming this application are true and correct to the best of my knowledge. • 20. Si re of Land n .or Authorized Agent 21. Date /4-4/9 4 14 VA7 i2.4 r -- 66 4 / S %- S) D IMPORTANT: Submit this application and all supporting data to the DNR Office serving you (see back for addresses). APPLICANT: KEEP A COPY FOR YOUR RECORDS This information is available in an alternative format upon request. Oct 04 04 10:47a FFE, Inc. 651- 430 -9331 p.2 „re McCUI IOUGH AND SONS well drilling • WELL DRILLING AND PUMP REPAIRING 20335 FOREST BOULEVARD NORTH (HIGHWAY 61) FOREST LAKE, MINNESOTA 55025 Office Phone (651) 464 -3939 • (715) 386 -3992 • (715) 483 -3939 Fax (651) 464 -8849 Contractor: Presbyterian Homes 5540 Nolan Avenue North Oak Park Heights, MN 55082 Contact: Ed Reid Phone No.: 651 - 889 -7912 2nd Contact: Brett LMS Pnone No.: 651- 755 -2852 Well Drilled on August 4th, 2004 Well Unique No.: 712467 Depth of Well: 3 06 feet Job Location: Norwich Parkway & Nolan Ave. Legal Description: Washington County, Baytown Township Section No. 5, Township No. 29N, Range No. 20W SE %4 , SW 1/4, SE 1/4 Pump Information: Berkely Model No. 7T20 -350 B77542 20 HP 200 Volt 3 — Phase 6” Franklin Motor Pct 04 04 10:47a FFE, Inc. 651 - 430 -9331 p.3 WELL LOCATION MINNESOTA DEPARTMENT OF HEALTH MINNESOTA UNIQUE WELL NO. County Name WELL AND BORING RECORD Washington Minnesota Statutes, Chapter 1031 7 12.4 L) Township Name Township No. ' Range No. Section No. Fraction WELL DEPTH (completed) Dale Work Completed Baytown 29N 20W 5 - sq SW SE , 3 O O. GPS Latitude , degrees _ minutes seconds DRILLING METHOD LOCATION: 0 Cable Tool 0 Driven - [' Dug Longitude degrees _ minutes ,._._ sec 0 Auger Rotary - [, Jetted • House Number, Street Nance, City, and Zip Code of Well Location or Fire Number Nolan Avenue North DRILLING FLUID , F,Si9 WELL HYDROFRACTURED? [J Yes ,O Show exact location of well in section grid with "% ". Sketch map of well location. Ber Orvl J / ( A. (L FROM ft. TO , it ' Showing property lines, ! roads and buildings USE N 0 Monitoring 0 Heating/Cooling � �� \ N 0 Domestic ❑ Envhoo. Bore Hole 0 Remedial oncom munity PWS 1 irrigation ❑Remedial mi is � ❑ Community PWS °metering . 0 T ` CASING HOLE DWM. vy ���� E 1 Drive Shoe? Yes ❑ No Steel p Threaded Welded *' ,;,'.. 0 Plastic ?". �� i Ati . CASING DIAMETER WEIGHT - r _' . 4 r- , 1 M. to , CIS ry, 9 i, SG Ibsen. i g in. W3 ft. ►— — d Mae e p 8 r• Gr �7 cI . C t Ott \ _ in. to n. �. , twin_ in. 1.2$ IL PROPER1 WhieR'S NAME/COMPANY NAME . ' ��"" in. to n. IbsJn. "'S in. to,,, `Presbyterian Homes SCREEN OPEN HOLE Property owner'§ nailing address if different than well location address indicated above. Make FROM. �_It. TO SO6 n. . 5540 Bolan Ave. North Type Diem. iak 2a* Heights, MN 55082 SIof/Gat¢e Length 'r' .. ' Set between it. and 0. RTTINGS - - ` "'` STATIC WATER LEVEL rt 75 below 0 above land surface Dale measured ' ' . ' e LL OWNER'S NAME/COMPANY NAME PUMPING LEVEL (below tend surface) ) j ) 25 ft. atter / hr . pumping, 4j �✓" g.p.m. . WELL HEAD COMPLETION ' Well owners mailing address it dtnerent than propeny owners address indicated above. - [1 piggy adapter manufacturer Model `.- . 0 Casing Protection - ;Qf 12 in. above grade . 0 At - grade (Environmental Wells and Boring ONLY) , GROUTING INFORMATION . , „ . Well grouted 1Yes 0 No • Grout material Neat cement 0 Bentonite 0 Concrete 0 High Solids Bentonite Irom_L to 03 tt. 0 yds. 0 bags from d to aYS ft. f _ yds. 0 bags GEOLOGICAL MATERIALS COLOR HARDNESS OF FROM TO from to 0. 0 yds. 0 bags MATERIAL - NEAREST KNOWN SOURCE OF CONTAMIN TION t feet direction C i type Clay & Gravel Brown Hard 0 5 Well disinlilcted upon completion ❑Yes ] No PUMP Lime Yellow Hard 95 26 ' Not installed Date installed Sandrock y Brown ,Med 226 06 Manufacturers name _ ... - Model number V .F..,p 3 volts vo - 3,11 Length of drop pipe l 71 ft. Capacity .3404J g.p.m. • Type: Submersible 0 LS. Turbino 0 Reciprocating 0 Jet f ABANDONED WELLS Does property have any not in use and not sealed well(s) ❑ Yes R1No . VARIANCE • Was a variance granted from the MOH tor•thts well? 0 Yes ( No 'TNr) WELL CONTRACTOR CERTIFICATION - This well was drive• • • - my su >' •• and in accordance with Minnesota Rules, Chapter 4725. The information • Mai : • 'n th . epart : true to the best of my knowledge. Use a second sheet, if needed * y L REMARKS, ELEVATION, SOURCE OF DATA, etc. MC olio t • h & Sons, 1 . �( 2054 Licensee = usiness N. r / : � rRe No. • t Authorized Re. rttative signature Date r , ` ' Kimmes Bauer Mike mtli r OR - 04 - 04 {MPORTANT - FiL,E WITH PROPERTY PAPERS f -7 � Name of Driller ' - WELL OWNER COPY I ' @ �, 2 4 0 I ... _, .. .. . . .. .. ±... HE-0120.5-0B (Rev. 5r02) IC 140 -0020 EXHIBIT "B" SPECIAL WELL CONSTRUCTION AREA 0. o l ; E3 -• ,..,. 1.14471 '44' 5 64... , ' 41 ' ' ; 4 , ' . ,, 4: ''' ' ' 5: *; * ' C) •, , • 7 - ,,, , -, , o co 1 , -- _ '' " 0. r2 c 0 _ .. , , ... . -% ct , , 4.- , .- ., ,-.,,,.., .t., t„, - - . for I , stix ,i . v 4, ' -: el. .L ^ ' , CIT.,. , - *,,,,,,, , .-ms 1 - co._ , - . , 4 '. " ' 5 4% ; 4 .'' 5 `ki"' '1" ; 1 t : 4 , " . '''. ' , ° ..... .. 1, 1 7,44 .,,,,,- , 4 ` ' ' AO , i tt' *4.'1 .41'r ' x • . 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(11 , I ( ' *" I al iatit '''' — i III , • i I / ---s ... ., , - , - 41 ,,..-• — -fLpt ir," : .1 rarliE ''''. :" • ' ' - ( # ‘... ... "k.t . ' 4 • t 7 CD ; i ' gt lir, , .. / 7 ..."..,.. "'"I • " ,, 1 ..... 1 ( • i i ill s -.- k .. 1 ' ttt.tgli 4: 'It . 411 t • '4 % '411 41N3.43 ., •'... 4; . ) Atm.,. , IL \ _. ,i_ % \ k?.. , ., .i.1 ,,, ,. ,.. ,,,,... ot• Rti I ' i 1 .7 cl"Pti \ ‘ . ' \ # . -. ''' ` ' • - # ' mum 41 nrip , ,.,,,,,,.., it 441111 lie -c , .. . 4......,,, .,1-, -„ .,. ..L,,,, ..,...,, t 0 'tt'.." 31 .4,, A •Ep., alio% ip , I- - \ ,. , ' - l' ' li , ■ , t'..‘ _AN 1 .., , n„. 1. V-4pii,,,„V•14., '4% irl A ; f 4 11111;46;aw . 4* 71. *filkal1111111.3 ' ' ' ...1 0110 .,,,,, , liattliAM• '''' . \ `" - 3'n aliss . • st lk - II` 33 ••• , ‘ a ......1P . CD , - .;;^ 4 0 eli • Z.' 1 , 1 - 0 4 00;,/ .1' •-• ' e d ote - 4 - i 1 - • n• - i.. L 1.1, r .1.1..... ,. kl. ; • I ....-Z, • , II ID • p iii AA . IN ii i • 4 1 C ,... kir 1 i awn •■% ,.:, i• - 1 ''' ._ ._ _,,_ nom loolsr - •. - 1 allillik, Lt1; 1 1 ......„........ r • e - - rmos WHIN, WINNOWS ,..... ,,,,,,,, • * WM a a MEM /1.0s, a 0 ,01i . .... -.... *** 601.1'"Iika ' ..• .................................. CA 1 . m 0 A r 0 1i 71 * -= 13 .. , 0 1 7:1 r i 1\3 r-- o 0 r mo r > 03 (% % .- w L __I o 0 1 -- F, !„-- g -8 F rri !,•:,) 0 . , 33 0. % 6 0 S 0 , .... SC±I Z 0 8' .91'§ 3 r g li,* C, 1\2 , g g m . - ia a ,,...------ -- P ' 2,5 .P,. 5 g z a 0 . CD '' \ , m m r z m 73 Z ' 0 z > C g tr .6, .',' •2 !," Q D - 0 0 L 2 111 c. P. •-., 0 7 -,1 2 ' , ,,, ui m 0 w 0 cD 1 E ?. 'g 0, •- ,7.; ■;' XI Z a 3 33 ;rni 5 a, 0, ii,' a 5 K R • g g 3 i a) 2 - . &,- P3 D - -g 3 a) a a g 3 u _K CD , a a 0 3 •Z, ' i 5u) EXHIBIT "C" CORRESPONDENCE FROM CITY ENGINEER Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Bonestroo and Employee Owned Rosene Principals: Otto G. Bonestroo, R.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • ■ Jerry A. Bourdon, P.E. • Mark A. Hanson, P.E. A nderlik & Senior Consultants: Robert W. Rosene, PE. • Joseph C. Anderlik, RE. • Richard E. Turner, RE. • Susan M. Eberlin, C.PA. Associates Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, P.E. • Richard W Foster, P.E. • David O. Loskota, PE. • VV Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P Anderson, PE. • Mark R. Rolfs, P.E. • David A. Bonestroo, M.B.A. • Engineers & Architects Sidney P Williamson, PE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. • Thomas W. Peterson, PE. • g James R. Maland, P.E. • Miles B. Jensen, PE. • L. Phillip Gravel III, P.E. • Daniel J. Edgerton, PE. • Ismael Martinez, PE. • Thomas A. Syfko,. P.E. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, PE. • Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com 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: 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 (unique 'number 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 (i.e. a fourth City well) would compound the amount the drawdown at the irrigation well. Based on our preliminary analysis, we highly 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, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INC { J j 7? " Dennis M. Postler, 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:\55\5503129 \Word \Work_In_ProgressUrrigation Well comments_10- 1- 04.doc EXHIBIT "D" COPY OF THE LETTERS RECEIVED BY THE CITY RELATED TO WELL CONCERNS: 1) FROM THE MINNESOTA DEPARTMENT OF HEALTH, MR. STEVEN W. ROBERTSON, HYDRO- GEOLOGIST, DATED MARCH 21, 2000. 2) FROM THE MINNESOTA POLLUTION CONTROL AGENCY, MR. MICHAEL KANNER, DATED APRIL 13, 2000. l • MINNESOTA COPY DEPARTMENT oFHEALTH Protecting, Maintaining and Improving the Health of All Minnesotans March 21, 2000 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 Department of Health (MDH) currently administers the wellhead protection and source water protection programs in the state of Minnesota. The wellhead protection program is mandatory, and the city of Oak Park Heights will be responsible for conducting its own planning. The city was notified in February 1999 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 possible for a given area. Accordingly, we thought we should remind you of the Special Well Construction Area that is established in Baytown Township, just south of the city of Oak Park Heights. This well advisory was issued on May 6, 1988, because volatile organic chemicals were detected in drinking water wells. The contaminants detected include trichlorethylene (TCE), carbon tetrachloride, tetrachloroethylene, and cis -1,2- 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 attaihed 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 of contaminated groundwater has migrated beyond the boundaries of the Special Well Construction Area. The Well Management Section of MDH is currently reviewing these data to determine 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 line on the map). The attached figure also shows the approximate limits of the TCE plume as mapped in the fall of 1999. Additional changes may also be made to the existing boundaries of the Special Well Construction Area on the west and south. The locations of your proposed wells fall outside the current and proposed Special Well Construction Area; therefore, no special consideration or prior approval (other than the usual plan review) is needed from MDH to construct your wells. However, the locations you are considering are 121 East Seventh Place • St. Paul, MN 55101 • http : / /wwwhealth.state.mn.us 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 maintainin g an open borehole Pe 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 Minnesota 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 651/215 -1322 with any questions you have on this letter. Sincerely, Stephen W. Robertson, Hydrogeologist - Source Water Protection Unit Drinking Water Protection Section SWR:tvw Enclosure cc: Mr. Tom 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 i,"�' n ° OPH Well No 1 = � - , ` , .- 1 i,�' •. " - t. K s a� '1 d � • ; i . t K.. Yt` R 3 � 'I '- w x` j { 1 1, i k a , 'p' •d '• ,w w fit {{ .. F �t�t ti • R i 1 • t •- s •• si • . s . r -:''. ivy 1 l . . Bedrock Valley ? F r ' t . "•1V .;_•;c1.,, ,- f --.." - PjtoPoty) (4.A. Sit� " .� " Special Well Advisory Area (south of this line) `=-- , ,. - - .., - - t t i . . _ -t fj . —",'4--..''',,, 1 . ...... , . r J . 3 ........ . / ' v i , ti 1 ti . . . . . : F . > . . . . . : F . > d _ $ D • ^ a , " � n . , . . 1 , 1 ' - , � • : C • . • . - \_ •• < pep: t''t r___ - - - - - gib Minnesota Pollution Control Agency 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 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 (TCE) contamination primarily in the Prairie Du Chien aquifer, but that also has been detected in some samples from the deeper Jordan aquifer. The Minnesota Pollution Contrcl Agency (MPCA) is currently requiring 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. • MDH 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 (MCL) of 5 µg/l. • Installation and pumping of a large capacity municipal well (830gallons per minute) as we understand is being proposed, carries 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 55155-4194: (651) 296-6300 (Voice); (651) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar, www.pca.state.mn.us Equal doportuniry Employer • Pnnted on recycled paper eonlaining at least 20% fibers from paper recycled by consumers. • The Honorable Dave Schaaf • April 13, 2000 Page 2 • We are available to discuss this further, and recommend a meeting as soon as possible with the City, MDR and MPCA staff. If you have questions regarding this matter or would like to set up a meeting, please contact Richard Baxter (651/297 -8471) or Tun Seaberg (651/296- 7823). Sincerely, • • 1 • Michael Kanner, Section Manager • Site Remediation Section • Metro District MK:smrn • cc: Tom Melons, City of Oak Park Heights • Pat Sarafolian, Minnesota Department of Health • • • • • • • TOTAL P.23 .9 cts City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 May 11 2005 Mr. Ken Hooge Senior Housing Partners 2845 North Hamlin Ave., Suite 100 Roseville, MN 55113 RE: Gazebo Construction Dear Ken, On May 10 2005 the City Council approved a SITE PLAN AMENDMENT to your PUD for McKean Square that authorizes the construction of a gazebo in the exact location and size as specified in your submittal documentation as received by the City on May 4 2005. The use of the gazebo may only be for the items as outlined in your submission and none other. Accordingly, you may proceed with an application for a building permit. Once issued, you may then commence the gazebo construction. All well related apparatus must be housed inside the lower level of this gazebo. There shall be no external equipment, noise or vibration emanating from the gazebo from the operation of the well and its related equipment. Lastly, the operation of the well is subject to the agreement between the City and VSSA Housing and Community Services. Your original, fully executed copy is attached hereto. The City reserves the right to revoke this SITE PLAN AMENDMENT should uses or conflicts arise that are contrary to the purposes and intentions for which this gazebo was applied for and approved. The City would provide you appropriate and reasonable written notice and allowable time to correct any issues that may arise. Should these not be corrected in a timely fashion, the gazebo shall be removed and the site restored to its current condition. At this point, you should submit the appropriate construction drawings and building permit application to Jim Butler for review. P - - e let me •t 1 if you have any questions. ' incerel , ric John � City Al 'stator Cc: Mark Vierling Scott Richards Julie Hultman Weekly Notes Innovations in A Senior Living Communities C*-* SENIOR HOUSING PARTNERS May 4, 2005 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Dear Mr. Johnson: Valley Senior Services Alliance has constructed a well in the McKean Square development with the intention of providing irrigation water to the entire Boutwells Landing campus. This well is adjacent to a newly constructed pond and stream running north to south through McKean Square. In our continuing effort to develop an attractive site, offering a pleasant nature experience to the residents of Boutwells Landing, we intend to construct a building to house the pumps and provide a spot to rest along the trail. This structure will house the large irrigation pump as well as a small pump which circulates the water in the stream. The master control system for the irrigation system will also be located in the pump house. The pump house section will be built into the ground in a walkout configuration. The upper level of the structure will provide a shaded respite area for those using the extensive Boutwells trail system. From this location, users of the trails can pause and look out at the stream, waterfalls, pond and stone arch bridge with the wetland beyond. We look forward to your favorable consideration of this small addition to the beautiful natural setting at McKean Square. Sincerely, Kenneth L. Hooge Project Manager 2845 North Hamline Ave, a Suite 100 4 Roseville, Minnesota 4 55113 4 www.seniorpartners,com 4 (651) 631 -6300 + Fax (651) 631 -6301 0 800- 891 -9126 CITY OF OAK PARK HEIGHTS +DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Base Fee: P, /0 Oak Park Heights, MN 55082 Escrow Amount: A / oo o • (651) 439 -4439 Fax: (651) 439 -0574 Street Location of Property / - g r - �� �d l`cl -► Par-44/7" Legal Descri tion of Property 0 9 P rty � ,i to c / 10, Ke, d . S ct_✓ Owner: Name V S � ez yi ki e si 2 2 C Address: 2 r15 t7'CLm /iyP ,4 . N, City: 9tst State: MA) Zip: 5767/3 Telephone: (Home) (Business) 6 S / ' 3 / - 3/ Z (Fax) 6,5'7 43 /- Co 3 0 2, (Other) c,// ,/ 2 eo 4 r Z/ 3 0 Applicant: Name VS S /Mc k ' e i J SI #41 C Address: .2 7 / ),ytc j4vv /) City: lep s, Li i/4 State: o w Zip: 5 Telephone: (Home) (Business) / 631 631e-- (Fax) 57 C3 1 - C 3 0 Z (Other) ' Type of Request(s) Zoning District Amendment ' ome a cupation • Conditional Use Permit :_._ " - Review ttoo Variance: Single Family Residential 4MI PUB endment 7o Variance: Other Residential/Commercial /Industrial PUD: Concept Plan i oo *-/00 Subdivision PUD: General Plan Subdivision: Minor Street Vacation to o Comprehensive Plan Amendment City Financial Assistance ' Description of Request(s): 1 11° 41 C-O Mg, Ole If a request for planning /zoning action on the subject site or any part thereof has been previously approved, please describe it below: 4 -A - Owner/Applicant Initials Development Application, Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and /or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October .31 of each year. Property Address cl a re kvT , j .2 6 C7 ,et} /4, A 6/-47 • Date: ..3"�f ne ignature • � 2 ft »s Date: ,Priu .4 200 $ pppicant Signatur- Development Application, Page 3 CITY OF OAK PARK HEIGHTS 14168 Oak Park Blvd. N. P.O. Box 2007 FEE SCHDULE (Updated 07 24 - 03) Oak Park Heights, MN 55082 COMMUNITY DEVELOPMENT DEPARTMENT BASE FEE * ESCROW FEES Zoning District Amendment • $400 $1,000 -3,000 Conditional Use Permit/Amendment $400 $1,000 -3,000 Variance: Single Family Residential $150 N/A Variance: Industrial/ Commercial $200 $1,000 -3,000 Subdivision: Major $400 $1,000 -3,000 Subdivision: Minor $200 $500 I i 1 Home Occupat ion $100 N/A Site Plan Review $400 $1,000 -3,000 Street Vacation $100 $500 PUD: Amendment 0 - 000), PUD: Concept Plan $500 $1,000- 3,000 PUD: General Plan $700 $1,000- 3,000 Comprehensive Plan Amendment $500 $1,000 -3,000 Non- Refundable City Financial Assistance $3,000 N/A Eg: TIF, Tax Abatement, Special Assessments, Annexation, Special District Projects, Etc.. *Escrow: Escrow is a guarantee that all final bills for the project will be paid. Based on Number of Units: 1 -9 $1,000 10 -50 $2,000 1 + 5 $3,00 0 If the project exceeds 10 acres in size an individual escrow will be calculated for the project All new subdivisions must satisfy park dedication requirements. Home Occupation and Home Occupation Minor are renewed annually and require $10 annual renewal fee. G:\Forms \Comm. Dev \Development Packet \Development Application 07 -03 Updated.doc mm•Y• •w poumomo wwv - a+ 8 C ; ..,a�.•,.N ELLS NW 1111/001 NW YI OW JIMVd WO tt g di @ f s S no�M s, a ru °im or NEW wrN N 1,E I nvrbs NYDDW r; W * is g !II 4 peel S83NIWd ONION 8OIN3S .IIIOAYI 6233 A1YNMIIHBd 1V hir R e •—c' s ' , ........a 1 / 4 1•ti » 1 111 Li p 1111 gg A 1 Al ' J i; 1 K Q 9 1 ill ii I h iff(i x q —�- :81 c I. h i' S l m o. o. 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SUPPLEMENTAL AGREEMENT TO THE MCKEAN SQUARE DEVELOPERS AGREEMENT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA WHEREAS, the City of Oak Park Heights and VSSA Housing and Community Services, LLC entered into a Developers Agreement affecting the 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; and, WHEREAS, 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 underthe 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 THEREFORE, be it agreed hereto between the parties as follows: 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 agrees as follows: 1. That in the process of siting a future municipal well by the City of Oak Park Heights, should the existence of the 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 reasonably determined by the City then, the Developer shall within 120 days of written notice of such determination by the City implement alternate engineering or optional alternatives to mitigate the additional expenses subject to the review and approval of the City's Engineer, if no such alternatives exist or they are not implemented, 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 and/or 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 loss of use or damage. e Additionally, should the current Baytown -TCE plume 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 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, Hydro - geologist, 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)."; as well a letter from the Minnesota Pollution Control Agency dated April 13 2000 stating similar concerns. Both letters are enclosed in Exhibit "D ". 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. q 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 �p , 2005. CITY OF OAK ' . 'O : ■ ∎ 4 of I I I ir 10, ,,,,, _. _� in d Beaudet -or .1 Eric J• Aon City s'strator VSSA HOUSING AND COMMUNITY SERVICES, LLC / .......- Ca9.1+ U . Q�`'"? Its <-f 5/ /)4 `?°' , '_. VALERIE JEAN ALT ' ; J Notary PubUc- Minnesota fi,. 4-,;_--_ * My Conn+hion Expires Jan 31, 2010 Its 1,PV-"-S4 Drafted by: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS,WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 EXHIBIT "A" VSSA PROPOSED WELL SITE r - v 0 z to j s l, -a r � 73 -i O -I O X O 0 0 -a m p/ \ \ ., . • • . . CZO D O -nz �OZ> -- d_ ij i . �g o Z Zr- c n o m i nI � ' ' D - `\ (14 i— Il C z 0 .-/ ' ....0 0 . coo"' C oo ,a� 0e�y O. • . 1;4ia ,.' V . " . 4 0101 , 41itit r ,, • . ici iiiip.. * -7 •_ ,,,,,,. .. ': .. • , :V . . . ■ j I I I I I I °ill 11 j ii - - - '...-:: lip „ eeti- • #-4 Ni. ,,,,, ', it >lb .,4c . It‘ -, a ' # . -4 1111111k0* -- . , . _ 4 ( ( -- --- ,..4 , • 4 % i # \ \ :6' ;A t� �� " 8 3 g s „I r4 00 • • • \ s 9 iA• l i : p Cr7 / ./ xi — -o ..< A iii.,,•6_ , PJ z `3 m r.,4 "1 . 4111111114 1 lkia\ ,... c c ac N o m r ° O vNmN W p 1 P r 41 1 1 O • -P XXI) / � O ta 7 \I z, 9 ity y m - o f rn � L m z . •� 938 � � O r Q) • ..0 a • g § 1 t . . ' _ 18 ..... .....--a,+*..........— Iv qiir"ri 4z--;: i EE I . 41 P911` PI % ' 4 w q ? e s' i !OUT q tt, % i''I . rid 1 11 h 044! 1 MIME EMERMI IR ' Fols, Freeman Eetclnon. I. g E g i ri = -- n4 g ?RUMMY GA= LAYOUT SENIOR HOUSING PARTNERS 1 I8"� . ' '` . d g a I j > > =� .., scram me nram ss r ' R ft ! -- q mout4 SQUARE 334.5 NORTH HAMIIPE MOAK I%.Ir3 r.ruo mi 0 _$= 121111.1.1.1112111111111. - - 0 OAK PARK MGM, MN ROSEVY , MN SSTO ai...rr� E * Q arscw 06010.101 uxb..e t . Polz, Freeman, Erickson, Inc. F t f $ LAND PLANNING ♦ SURVEYING • ENGINEERING September 24, 2004 Molly Shodeen :1L ,of!, MN DNR Metro Waters A 1200 Warner Road �, ° C3Ct' 23 St. Paul, MN 55106 !•` °14'FC vitZra RE: Permit Application for Appropriation of Waters of the State Dear Molly, Enclosed is the permit application for irrigation purposes for the Presbyterian Homes Facility located in the City of Oak Park Heights at the Boutwell and McKean Senior Housing Campus. • The Boutwell and McKean Square Campus is currently irrigated with city water. To reduce the overall cost of irrigation with treated water from the city and to reduce the amount of water drawn from the ground water resource we have proposed a well and an irrigation pump, which will operate utilizing an existing pond as a reservoir to allow for a reduction in the rate of pumping from the well. The pond level will be maintained with the use of a float system, which will allow for a drop in the water level. The lag time for the well pump to fill the pond will. allow for some potential use of rainfall that will be collected in the pond, again reducing the need for pumping from the well. The well will shut off at the existing normal water level in the pond, which is controlled and will continue to be controlled by the storm outlet structure. The pump outlet from the well has been designed with an outlet which exits into a rubber lined rock bed to control erosion. The well water then travels over a constructed waterfall into the pond/reservoir where the irrigation pump is situated. 1 have attached a sketch of .the delivery system for clarification. The total area to be irrigated is approximately 32 acres as identified on the enclosed map. The period of irrigation as presently determined would be from May through October depending upon conditions. The amount of water delivered to the area would be approximately one -inch per week. Subtracting the average rain days for any given year the total estimated water usage for irrigation is estimated from 12.7 to 18.5 million gallons per year (See the enclosed calculation summary). • This complex and costly system that has been designed will reduce the overall cost of irrigation for the owners and ultimately conserve the amount of water being pumped from the aquifer. 1 5620 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439 -8833 • Fax: (651) 430-9331 • Website: www.fFe- inccom Bruce A. Fofr IS Tunothy J. Fnoman, LS Todd A Erickson, PE 1939 -2001 President Vice President We contacted the Washington Conservation Office and requested the help with a conservation plan for irrigation and received a statement of opinion rather than any type of technical assistance with a conservation plan for the site. I have attached their letter dated September 24, 2004 for your information. Please contact me if you have any questions or require any additional information in processing this permit application. Sincerely, • Folz, Freeman, Erickson, Inc. Todd A. Erickson, PE • • • 2 5620 Memorial Avenue North, Stillwater, MN 55082 • Phone: (651) 439 -8833 • Fax: (651) 430 -9331 Website: www.ffe-inc.com Bruce A. Fok LS Timothy). Freeman, LS Todd A. Erickson, PE 1939 -2001 President Vice President • • �V 44.74: ? . �r y cq � N x • O U co " 2 d C . d . L •E C L N C C V- O O • C 0 0 O .i. w o E E ..' C c • • X ._ Lc, t c0 + + U Z X X y C C • co 1 - w C. 0 0 . m O O C 1 70 E0 o E E. o) 0 0 y y 0 0. • Q N d to > > a) . d N W W 0) 3 3 r + + X 7 . 4- d • 0 OL X X x 0 0 j to O 'a v m t , �o v C C QJ . L v v r i r L .v 0. >. a • y y O N y W O O O 0 o as .5 7-0 as • • '0 0 0 O) 0) U 3 C') r N et 03 . O tt C r 07 t[) P. � � CO CO' N r r 0 . C Ca IA C CD I" f CU CD °' a) • a) TO 4:4 o 'A � L N c H co r v+ O as (0 cad E y y = C O 0 o ° cc 0 0 c C ° y .° CI CD v ! 0 2 i- o o c c t ° 'o Z a) 0 m 0 ° > _ 0 (1.) � ° E .0 E ii ` E A < . E c c o E `5• ° n . o d r z1 w O 0 ° Z Z Z 0 7 T w �sf 7 W W o c •I'' E - E = Es E - otS = O 0 L v m E E c r�T� m W m a ;n m m c� c c��o < F+� F 0 a ° ° F- I— H ° F— 2 2 - . Permit Application for Appropriation • o P.A. No.e ?OC r) A-02821 Dates) Served (Rind/03) of Waters of the State ? m ❑ SWCD • • i ' Minnesota q ❑ WSD =`. DNR Waters IRRIGATION m ❑ CITY NOTICE OF WARNING: All information provided on this form is considered to be public informati r , in accordance with the Minnesota Data Privacies Act (M.S. 15.1611 to 15.1698). ft }3z 1`2'' D SEE INSTRUCTIONS...TYPE OR PRINT CLEARLY ,I, r 1. Applicant Name (landowner or renter) 2. Business Name k . OCT S# ice, - f30.0,. VS' 3. Authorized Agent (If applicable) 4. Phone Numbers (with area codes) «, r,.d ' k r�. (, ' 5. Mailing Address 6. City, State, Zip Code i , , 2`3475 /J I /tL, ; ..� r(� P..6 s.�•vlt.�6, ��� ss/.� X 8/11 9! r 0 ` 7. Source of Water ("X" one and complete D• Additional information MUST be 8. Point of Taking/Pumping Site 9. Means of Taking and Rate supplied an, instn+cUana (7 e:8) ror for source. a. One well m m a.5 1/4 of .5.}•11/4 of .L1/4 a,AStationary p ate gpm b.❑ man'rfolded wells m8O1m b. Section No. 6. b. ❑ Portable Pump at gpm c.❑ Stream, ditch, or river (name) c. Township No. lw ij c. ❑ Gravity Flow at gpm/cfs dgWetiand, lake, or impoundment (name) d S nV •esiJO d. Range No. SOO d. 0 Other gpm/cfs e.❑ Other e. County 1r t4 H-114(111N (circle one) 10. Method of Measurement 11. Legal Description -Land Owned/Rented * 12. Schedule of Irrigation a Flow Meter Township No. Range No Section Fractional Section/Gov't Lot ❑JAN MAY Q SEP b.j Timing Device ❑FEB aJUN .g1OCT c.❑ Electric Power Consumption ❑MAR Ji1JUL ❑ NOV d.❑ Other ❑APR MAUL ❑DEC • • Rental Agreement MUST Be Submitted 13. Irrigation of: Cr those that apply) 14. Irrigation System To Be Used 15. Major Soils and Percentage of Each: PERCENTAGE a. ❑ Upland Crops: 0 Com ❑ Potatoes a. ❑ Center Pivot , j . �, SOIL TYPE PERCEN EN % ❑ Other ❑ Other 0 Soybeans b.❑ Traveling Gun ..5;440.7 4 ,,,, Zo % b. ❑ Golf Course: 09 Hole 018 Hole ❑Other c. ❑ Linear System a /a c. ❑ Wild Rice d.4 Fixed Sprinkler a d. Other 7 6J'� l n►Pu 5 e. ❑ Other 1 . 7. 7 126 16. Total Acres Irrigated 17. Total Annual Use 19. Additional Requirements: (No. of Acres) (Inches/Acre/Year) a. Map orAtr Photo which shows: 1) Point of Taking or Pumping Site 2) Test Hole Location 3 1 9 3) Boundaries of Property Owned/Rented 4) Property To Be Irrigated b.1 675.00 Minimum FILING FEE payable to: "DEPARTMENT OF NATURAL RESOURCES" 18. SOIL AND WATER CONSERVATION PLAN c. ,tatement of Justification/Alternative Sources ❑ YES ❑ NO d. ❑ Additional Documents Required D I hereby make application pursuant to Minnesota Statutes Chapter 103G.261 and all supporting rules for a permit to appropriate water in accordance with all supporting maps, plans, and other information submitted with this application. The information submitted and statements made concerning this application are true and correct to the best of my knowledge. • 20. Si re of Land; . orAuthorized Agent 21. Date , / .frf / / . if / ' - 7 L vidr 47, 26e, Ayo y F 211:-;7_,. .- ri,-,� Or-rc ,. c 2 ,1 Ail 64 r /rt_ /"i / //1(„ `r A- • 5 Lt, V , J Cs tV 3- pi) y7r- D IMPORTANT: Submit this application and all suppo 'ng data to the DNR Office serving you (see back for addresses). APPLICANT: KEEP A COPY FOR YOUR RECORDS This information is available in an altemative format upon request. Oct. 04 04 10:47a FFE, Inc. 651 -430 -5331 p• 2 • . AIcCUIIOUGH AND SONS well drilling • • • WELL:DRILLING AND PUMP REPAIRING 20335 FOREST BOULEVARD NORTH (HIGHWAY 61) FOREST LAKE, MINNESOTA 55025 • Office Phone (651) 464 -3939 • (715) 386 -3992 • (715) 483 -3939 • Fax (651) 464 -8849 Contractor:.. Presbyterian Homes • 5540 Nolan Avenue North Oak Park Heights, MN 55082 Contact: Ed Reid Phone No.: 651- 889 -7912 2nd Contact: Brett LMS • Pnone No.: 651- 755 -2852 Well Drilled on. August 4th, 2004 • Well 'Unique No.: 712467 Depth of Well: 306 feet Job Location: Norwich Parkway & Nolan Ave. • • Legal Description: Washington County, Baytown Township Section No. 5, Township No. 29N, Range No. 20W SEY4,SW'A,SE% • Pump Information: Berkely Model No. 7T20 -350 B77542 • • 20 HP 200 Volt 3 — Phase 6" Franklin Motor • • •, ,Oct 04, 04 10:47a. FFE, Inc. tint — 4aU -4 .3.L p.a • MINNESOTA DEPARTMENT OF'HEALTH . MINNESOTA UNIQUE WELL Na c ry LOCATION WELL AND ORINC RECORD • ' �, • Washington Minnesota Statutes, Chapter 1031 712'46 f i:. Township Name Township No. ' Range No Section No. Fraction WELL DEPTH (completed) Date Work Completed Baytown • 29N 20W 5 s 1 Sit SE , 3O(, ft: GPS • DRIWNG METHOD LOCATION Latitude __ degrees — minutes _ seconds __ 0 Cable Tool .12 Driven 0 Dug Longitude _ degrees _ ' minutes — seconds _ ❑ Auger iiit Rotary • ;.t o:; • 6 Jetted . • House Number, Street Name, City, and Zip Code el We Location , : or Fire Number 0 -.' ;:•.' ' Nolan Avenue North • DRII +LLuNNGG FLUID �JA 0, WELL ff) OROFRACSURED7 (� Yee ,}� No Show exact location of well In section grid avid, 'X'. h Ske nump property G o n, S•3` n4rv' i 1. ' • A.I R FROM • ft. TO ft. ' • N roads and buildings USE ❑ Monitoring • ❑ Heating/Cooling • � �0 ..- .r ❑Domestic ❑ Envban. Bore Hde ❑ R Industry medi aCommerofal ❑ ry ;1 • � ?C ❑ Domestic ly PWS ,�$) Irrigation Remedial w � E� 5 [3 Community PWS 0 De Bring ❑ El T \Nt \ ? ilig . • • CASING H OLE D1AM.' Drive Shoe? f Yes ❑ No 0 Steel ❑ Threaded Welded + 4 • • anilin 1 614 CASING DIAMETER . . WEIGHT fy / :. , -' : l a l t_' in . to i o5 � y9, 36 Iba�n } . l IL �^ I' - M es —( Wilt t\\ - In; / y ti. -.17 :. 'm' La_- .in..t�� s0. 5: :; PROPE W 'S NAME/COMPANY NAME . in 1a It. . `$ ' in. to t: ' ;,y. OPEN HOLE - P: • rey a.erian Homes SCREEN �/ • • property o`iner'e4nailing address if different than well location address indicated above. . Make_ . FROM_,rtr [ $_, • ,_tt. TO SQ6 . 31. `. 40 Nolan Ave. North Diem. • " ..' k a Heights MN 55082 Slot/Gauze ¢° Length ♦ Set behreen it. and ft. FITTINGS • • �.i. : • STATIC WATER LEVEL ' i•7:.':.• _ below ❑ above land surface Dale measured „ - ��Cl ti• "' ,..' • a• PUMPING LEVEL (below tend surface) ',' ' S NAME/COMPANY NAME n . : E OyJN R' n 7 hrs. um ' � m. 1 ft after P gD . : • WELL HEAD COMPLETION . • • Well owner's mailing address II different than property owners address indicated above. 0 Mess adapter manufacturer _ Model • • ❑ Casing P rotaceon XI 12 in. above grade ❑ At grade (Environmental Wells and Boring ONLY),' ; GROUTING INFORMATION • • Wee grouted V Yes ❑ No • Grout material Neat cement ❑ Bentonite ❑ Concrete ❑ High Solids Bentonite • tromp_ is 03 tL ❑ y ds. ❑ bags from d to ays x a • . . ❑begs GEOLOGICAL MATERIALS COLOR , HARDNESS OF MATERIAL FROM TO ' kom to fl. ❑ yds. ❑ bags NEAREST KNOWN SOURCE OF CONTAMIN ION • • ;, 4 . t': S • ..fit direction ��`' on S type Clav Gravel Brown Hard 9 Well "� """"'''�""" silfrfed upon completion ❑ Yes _] No . C !'J 0 ) A ,Jt . • PUMP L ime Yellow Hard 95 5 226 2 6 Nm installed Date installed ' • Marxdaetumfs name ° 't ke l t Sandrock Brown Med 226 306 11�� y o 1 • Model number . p1/54(). / Hp.R0 von p� - 3 eh Length of drop pipe J 7S n. Capacity ,366 g.p.m. • 710pe:5L ❑ LS.Turbino ❑ Reciprocating ❑ Jet ❑ ABANDONED WELLS Does property have any not In use and not sealed weU(s) ❑ Yea '�No . • . • VARIANCE Was a variance granted from the MOH lor•tNs wetf7 0 Yes 51 TN♦ • WELL CONTRACTOR CERTIFICATION . • . • •• - ' This well was dri - my .. • • . '. and in accotdance with Minnesota Rules. Chapter 4725. . . The information • Mai - • n th report true 10 the beat of my knowledge. • Use a second shear, it needed M� ull d a • h & Sons ♦ 1 rb 2 S • REMARKS, ELEVATION, SOURCE OF DATA, etc . licensee: = ness . rf•rReg. No. i . .r a, Authorized R • • . sanative Signature ' • Date I . 4 • R F3aupr Miirp MI5•' 't er . lR 04 -• IMPORTANT - FI1;E WITH PROPERTY PAPERS { � NameWDdller : • • WELL OWNER COPY • 1 _ ' L r ,....._ . ._ Hea,eosoame,.sozl. :: 'IC 140.0020• . EDIT "W' SPECIAL WELL CONSTRUCTION AREA C 5 1 _ € 1 • x d o ,° a itr : 1 1 1 g G CO 1 s 'lel'e .!!' ` g y ar � d i w `°7 •f.. s t u r 1 t, : - u f�¢,i' + °� t7',1 a l` . ' . ,,, Hi a 4'Fn . '; r lil Sv " z , } , Li j . t' ∎ €. a sig W i `+- . d x ; "" livid :L., _ ; t ..;, r �� .x � � Y - y. ' L 1 4tF t ` , I -.. 1 r H' it: e . `k $ J...,.. �` �„ i l. ""4� Y,.. ., . . '. , ii ,,..,„...i . ,1,- . ::::-, , .: i- -,,, --- '.,'._ , _'.. , ",, , :,', 0 :• . ;,','.. Iv, sasini r IA , ',..; , ...i, --• ., H,ry' 1a _ C4 ( i� ':,: ■ate ■.� #.qe r. .. . . , . .. , 14041111 4ffeit.1: , --, L. 4r L "7"*.' III . , . , tf ?:',',..?.`t-1.4',A-7' Py ' s� y 1 � '` ; F } __�� '' il @EB r in � :„ 1f4 , , � m op C , '. al ° � I - ,�, , :. { ` � � j J �°ttt�0� -.z� _ c . j` `t' � ^ � 5 � � 7, • - p germ "4� ,,,,7.,...,,,,:- i , a Iii fret ,r � `� f w.. EINISS ,. x ® 1 �L T :.+ 4 Y Ili t t a � - ; f ,_--. Y'-� d h.: � F L Y C7a . > h. EXHIBIT "C" CORRESPONDENCE FROM CITY ENGINEER • f Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Bonestroo and Employee Owned Rosene Principals: Otto G. Bonestroo, P.E. • Marvin L Sorvala, P.E. • Glenn R. Cook. P.E. • Robert G. Schunicht. P.E. • ■ Jerry A. Bourdon, P.E. • Mark A. Hanson, P.E. A nderlik & Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. • Susan M. Eberlin, C.P.A, Associates Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David O. Loskota. P.E. • Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth R. Anderson, P.E. • Mark R. Ifs, P.E. • David A. Bonestroo, M.B.A. • Sidney P. Williamson, P.E., L.5. • Agnes M. Ring. M.B.A. • Allan Rick Schmidt, P.E. • Thomas W. Peterson, P.E. • Engineers & Architects James R. Maland, P.E. • Miles B. Jensen, P.E. • L Phillip Gravel Ill, P.E. • Daniel J. Edgerton, P.E. • Ismael Martinez, P.E. • Thomas A. Syfko,.P.E. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, P.E. • Robert .1. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com October 1, 2004 Mr. Eric Johnson City Admin istrator 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: 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 (unique 'number 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. Pau(, 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 (i.e. a fourth City well) would compound the amount the drawdown at the irrigation well. Based on our preliminary analysis, we highly 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, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INC Dennis M. Postler, P.E. cc: Tom Ozzello, Public Works Director Jim Butter, 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 Ka55\ 5503129 \Word \Work_In_ProgressUmgation Well comments_10- 1- 04.doc EXHIBIT "D" COPY OF TUE LETTERS RECEIVED BY THE CITY RELATED TO WELL CONCERNS: 1) FROM THE MINNESOTA DEPARTMENT OF HEALTH, MR. STEVEN W. ROBERTSON, HYDRO- GEOLOGIST, DATED MARCH 21, 2000. 2) FROM THE MINNESOTA POLLUTION CONTROL AGENCY, MR. MICHAEL KANNER, DATED APRIL 13, 2000. I . .a • MINNESOTA COPN mDH DEPARTMENT orHEALTH Protecting, Maintaining and Improving the Health of All Minnesotans March 21, 2000 • 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 Department of Health (MDH) currently administers the wellhead protection and source water protection programs in the state of Minnesota. The wellhead protection program is mandatory, and the city of Oak Park Heights will be responsible for conducting its own planning. The city was notified in February 1999 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 possible for a given area. Accordingly, we thought we should remind you of the Special Well Construction Area that is established in Baytown Township, just south of the city of Oak Park Heights. This well advisory was is on May 6, 1988, because volatile organic chemicals were • detected in drinking water wells. The contaminants detected include trichlorethylene (TCE), carbon tetrachloride, tetrachloroethylene, and cis -1,2- 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 of contaminated groundwater has migrated beyond the boundaries of the Special Well Construction Area. The Well Management Section of MDH is currently reviewing these data to determine 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 line on the map). The attached figure also shows the approximate limits of the TCE plume as mapped in the fall of 1999. Additional changes may also be made to the existing boundaries of the Special Well Construction Area on the west and south. The locations of your proposed wells fall outside the current and proposed Special Well Construction Area; therefore, no special consideration or prior approval (other than the usual plan review) is needed from MDH to construct your wells. However, the locations you are considering are 121 East Seventh Place • St. Paul, MN 55101 • http://www.health.state.mn.us • 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 Minnesota 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 651/215 -1322 with any questions you have on this letter. Sincerely, • VA.06- Stephen W. Robertson, Hydrogeologist , r • Source Water Protection Unit Drinking Water Protection Section SWR:tvw Enclosure cc: Mr. Tom 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 ,#; OPH Well No. 1 ' : -, ., , • 4. i a ' - r ` • ,.,.�Ti Spy .ri'- • _ -= Y.<7- �. }'4' t •-•'-.' ''fx' • /• r 1 iF t t. . r ice , . - . . -: •. • • dl. 'a ; u _ `.r . r tsk I, l, fl -A r • • x rN ' - -••i r � ' • "1 ',,"1 1 1 1 1 1 1 1 I t l t s I t 1 1 1' . ,--.. om- ; ' /Zo s� r t Special Well Advisory Area (south of this fine) ,,-- -,-, ,f `` 1 t:� , f )l ~. . . _ r ._ . .+ /. . . . . . . . . t .. i ■ ..... ..... .. - • ... . . _. .. r• " - om t . . . . . . . . , . . . . . . . . . . . . ., . . . -�✓ . . ....... '': : ... . - — • ' • .. ..' - - .-.. ...... ... , .......,„,.... . . , ....,..:. ..... , ,.,,.. , . --,„....„.... ... ...... . . ........k,..„....., -L., , . . ., ._ ...... .....,....,... • . • .. • • ....... •, . 4 ' ' 4,t ... "'" . ■- - .. . . • ' . n =7`� • t • .? \ . _ • ' • rri •. 't,' di Minnesota Pollution Control Agency 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 It has recently come to our attention that the city of Oak Park Heights (City) is considering al waters l well or series of municipal wells outside the Minnesota j installing a municipal supply P 1 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 (TCE) contamination primarily in the Prairie Du Chien aquifer, but that also has been detected in some samples from the deeper Iordan aquifer. The Ivli inesota Pollution Contrcl Agency (MPCA) is currently zcgt+ir.ing 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. • MDH 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 30141 for private drinking water wells, the applicable standard for municipal water supply wells is the U.S. Environmental Protection Agency maximum contaminant level (MCL) of 5 µg/1. • Installation and pumping of a large capacity municipal well (830gallons per minute) as we understand is being proposed, carries 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 55155 -4194; (651) 296-6300 (Voice); (651) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar; www.pea.state.mn.us Equal Ooportuniry Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. The Honorable Dave Schaaf April 13, 2000 • • Page 2 • We are available to discuss this further, and recommend a meeting as soon as possible with the City, MDH and MPCA staff. If you have questions regarding this matter or would like to set up a meeting, please contact Richard Baxter (651/297 -8471) or Tim Seaberg (651/296- 7823). Sincerely, • • 6 Michael Kanner, Section Manager • • • Site Remediation Section Metro District • • MS:smim • cc: Tom Melena, City of Oak Park Heights • Pat Sarafolian,MViinnesota Department of Health • • • • • • • • • • TOTAL P.03 r • • MINNESOTA COP MDH DEPARTMENToF HEALTH Protecting, Maintaining and Improving the Health of All Minnesotans March 21, 2000 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 Department of Health (MDH) currently administers the wellhead protection and source water protection programs in the state of Minnesota. The wellhead protection program is mandatory, and the city of Oak Park Heights will be responsible for conducting its own planning. The city was notified in February 1999 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 possible for a given area. Accordingly, we thought we should remind you of the Special Well Construction Area that is established in Baytown Township, just south of the city of Oak Park Heights. This well advisory was issued on May 6, 1988, because volatile organic chemicals were detected in drinking water wells. The contaminants detected include trichlorethylene (TCE), carbon tetrachloride, tetrachloroethylene, and cis -1,2- 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 of contaminated groundwater has migrated beyond the boundaries of the Special Well Construction Area. The Well Management Section of MDH is currently reviewing these data to determine 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 line on the map). The attached figure also shows the approximate limits of the TCE plume as mapped in the fall of 1999. Additional changes may also be made to the existing boundaries of the Special Well Construction Area on the west and south. The locations of your proposed wells fall outside the current and proposed Special Well Construction Area; therefore, no special consideration or prior approval (other than the usual plan review) is needed from MDH to construct your wells. However, the locations you are considering are 121 East Seventh Place St. Paul, MN 55101 • http://wwwhealth.state.mn.us • 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 Minnesota 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 651/215 -1322 with any questions you have on this letter. Sincerely, • Stephen W. Robertson, Hydrogeologist , Source Water Protection Unit Drinking Water Protection Section SWR:tvw Enclosure cc: Mr. Tom 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 Lg TKDA .1 \: ANO ASSOCIATES. 4 1. TOITZ. KIN. OUVA!!9 j=A A�N�p��ppSO:N O ENGINEERS • ARCHITECTS • PLANNERS to 444 MAR STREET SAW PAUL. MINNESOTA SS101 -2140 PNOI 1,240.4400 FAX ma April 4, 2000 Honorable Mayor Dave Schaaf City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Mayor Schaaf: The Town Board of Baytown and I have reviewed the letter to you from the Minnesota. Department of Health dated March 21, 2000. This Letter outlined potential problems with drilling a well on the prison property. Of enormous concern to Baytown Township is the chance that pumping from a well in this Iocation may increase the size of the contamination plume from the Lake Elmo Airport. As noted in that letter, contamination is present nearby in the Jordan especially concerned because many Baytown Township residents ha a wellsntthat draw from are that aquifer. In addition to the obvious health concerns, a change in the plume size or direction would have very real and negative impacts on property values within the Township. We request that the City of Oak Pak Heights immediately stop drilling of the test well and planning of a public water supply well on this site entirely. Sincerely, Thomas Prew, P.E. Township Engineer cc: Baytown Town Board Stephen W. Robertson - Minnesota Department of Health An Equal Opportunity Employer Mb Minnesota Pollution Control Agency J Y 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 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 Deparunent 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 (TICE) contamination primarily in the Prairie Du Chien aquifer, but that also has been detected in some samples from the deeper Iordan aquifer. The Minnesota Pollution Control Agency (MPCA) is c•,:r ently requiring 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. • MDH 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 30µg/1 for private drinking water wells, the applicable standard for municipal water supply wells is the U.S. Environmental Protection Agency maximum contaminant level (MCL) of 5 µg/1. • Installation and pumping of a large capacity municipal well (830gallons per minute) as we understand is being proposed, carries 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 55155 -4194: (651) 296 -6300 (Voice); (651) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar, www.pca.state.mn.us Equal Opportunity Employer - Printed on recycled paper containing at Least 20% fibers from paper recycled by consumers. The Honorable Dave Schaaf April 13, 2000 Page 2 • We are available to discuss this further, and recommend a meeting as soon as possible with the City, MDH and MPCA staff. If you have questions regarding this matter or would like to set up a meeting, please contact Richard Baxter (651/297 -8471) or Tim Seaberg (6511296- 7823). Sincerely, • • al-u-A • • • Michael manner, Section Manager • Site Remediation Section Metro District MS:smin cc: Tom Melena, City of Oak Park Heights Pat Sarafolian, Minnesota Department of Health • • TOTAL P.a3 A • M I N N E S O T A COPY MDH DEPARTMENToFHEALTH Protecting, Maintaining and Improving the Health of All Minnesotans March 21, 2000 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 Department of Health (MDH) currently administers the wellhead protection and source water protection programs in the state of Minnesota. The wellhead protection program is mandatory, and the city of Oak Park Heights will be responsible for conducting its own planning. The city was notified in February 1999 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 possible for a given area. Accordingly, we thought we should remind you of the Special Well Construction Area that is established in Baytown Township, just south of the city of Oak Park Heights. This well advisory was issued on May 6, 1988, because volatile organic chemicals were detected in drinking water wells. The contaminants detected include trichlorethylene (TCE), carbon tetrachloride, tetrachloroethylene, and cis -1,2- 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 of contaminated groundwater has migrated beyond the boundaries of the Special Well Construction Area. The Well Management Section of MDH is currently reviewing these data to determine 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 line on the map). The attached figure also shows the approximate Limits of the TCE plume as mapped in the fall of 1999. Additional changes may also be made to the existing boundaries of the Special Well Construction Area on the west and south. The locations of your proposed wells fall outside the current and proposed Special Well Construction Area; therefore, no special consideration or prior approval (other than the usual plan review) is needed from MDH to construct your wells. However, the locations you are considering are 121 East Seventh Place • St. Paul, MN 55101 • http: /h+1 +m,health.state.mn.us Po ' 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 altemate 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 Minnesota 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 651/215 -1322 with any questions you have on this letter. Sincerely, • Stephen W. Robertson, Hydrogeologist Source Water Protection Unit Drinking Water Protection Section SWR:tvw Enclosure cc: Mr. Tom 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 • •• . OPH Well No 1 , ;.4, .--% ., -. N • }t =;i • dG' 2"^Xt���; �1 i�w;. -_ �� ' ? 13 %s '-':•-;•• ! S [ '. � a Bedrock Valle " 1s a r f r • • ` - . _tttitat.t•iiwi -I '_ _ r , Spec Weil Advisory Area (south of this line) - -- "4 p ., - ty i c' i a .F� _�7 . ' ,. .c s .. - is f e . . . . . . . . d , . . . . . !' • K , . , f - . . . . . t . . . - . . . . . 1- ' "1. t r t S_ r....,. . J , . . . . ,� ° _ ' , ., oc' _ C� I TKDA h; - 5 WI 0LTZ. KIN3. DUVAIL. A�Np�p SON 0 7 ANO ASSOCIATES, IL m cg 4 ENGINEERS • ARCHITECTS • PLANNERS ✓✓ 444 CEDAR STREET SLANT PAUL, ►IMMRIESOTA 35101 -21410 PNONE461/262.1100 FAX'66141R{I0q April 4, 2000 Honorable Mayor Dave Schaaf City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Mayor Schaaf: The Town Board of Baytown and I have reviewed the letter to you from the Minnesota. Department of Health dated March 21, 2000. This letter outlined potential problems with drilling a well on the prison property. Of enormous concern to Baytown Township is the chance that pumping from a well in this location may increase the size of the contamination plume from the Lake Elmo Airport. As noted in that letter, contamination is present nearby in the Jordan Sandstone aquifer. We are especially concerned because many Baytown Township residents have wells that draw from that aquifer. In addition to the obvious health concerns, a change in the plume size or direction would have very real and negative impacts on property values within the Township. We request that the City of Oak Pak Heights immediately stop drilling of the test well and planning of a public water supply well on this site entirely. Sincerely, Apr Thomas Prew, P.E. Township Engineer cc: Baytown Town Board Stephen W. Robertson - Minnesota Department of Health 3 An Equal Opportunity Employer all Minnesota Pollution Control Agency viiftwaymotsow vp 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 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 (TCE) contamination primarily in the Prairie Du Chien aquifer, but that also has been detected in some samples from the deeper Iordan aquifer. The Minnesota Pollution Contrcl Agency (M.PCA) is currently rcgai«ag `we 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. • MDH 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 30µg/1 for private drinking water wells, the applicable standard for municipal water supply wells is the U.S. Environmental Protection Agency maximum contaminant level (MCL) of 5 µg/l. • Installation and pumping of a large capacity municipal well (830gallons per minute) as we understand is being proposed, carries with it the risk of expanding the TCE plume due to the well's relatively large zone of influence. If this ware 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 55155-4194: (651) 296 -6300 (Voice): (651) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar, www.pca.state.mn.us Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. . The Honorable Dave Schaaf • April 13, 2000 Page 2 We are available to discuss this further, and recommend a meeting as soon as possible with the City, MDR and MPCA staff. If you have questions regarding this matter or would like to set up a meeting, please contact Richard Baxter (651/2974471) or Tun Seaberg (651/296-7823). • Sincerely, • • Michael Kanner, Section Manage • Site Remediation Section Metro District • MK:smi n cc: Tom Melena, City of Oak Park Heights Pat Sarafoliaa, Minnesota Department of Health • • TOTAL P.23 • MINNESOTA COPY DEPARTMENTof HEALTH Protecting, Maintaining and Improving the Health of All Minnesotans March 21, 2000 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 Department of Health (MDH) currently administers the wellhead protection and source water protection programs in the state of Minnesota. The wellhead protection program is mandatory, and the city of Oak Park Heights will be responsible for conducting its own planning. The city was notified in February 1999 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 possible for a given area. Accordingly, we thought we should remind you of the Special Well Construction Area that is established in Baytown Township, just south of the city of Oak Park Heights. This well advisory was issued on May 6, 1988, because volatile organic chemicals were detected in drinking water wells. The contaminants detected include trichlorethylene (TCE), carbon tetrachloride, tetrachloroethylene, and cis -1,2- 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 of contaminated groundwater has migrated beyond the boundaries of the Special Well Construction Area. The Well Management Section of MDH is currently reviewing these data to determine 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 line on the map). The attached figure also shows the approximate limits of the TCE plume as mapped in the fall of 1999. Additional changes may also be made to the existing boundaries of the Special Well Construction Area on the west and south. The locations ofyourproposed wells fall outside the current and proposed Special Well Construction Area; therefore, no special consideration or prior approval (other than the usual plan review) is needed from MDH to construct your wells. However, the locations you are considering are 121 East Seventh Place • St. Paul, MN 55101 • http://www.health.state.mn.us ' w 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 Minnesota 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 651/215 -1322 with any questions you have on this letter. Sincerely, • Stephen W. Robertson, Hydrogeologist Source Water Protection Unit Drinking Water Protection Section SWR:tvw Enclosure cc: Mr. Tom 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 P '' " ' OPH Well No 1 „• i*- � , :' , ; j S•' 1 - e , t N - �! • ?` -'- te e ' .� . -. i.- :i 4 4 il. .t `mss r Bed rock Valley `;_ • ` - : " li a ,sY �1 1 1 1 1 1 1 1 1 1 1 1�'7'"'� 11 i • ' '' : . P - t S pecial WeU Advisory Area (south of this line) `�--, 1.. y ,` „= i is i ^t - - 1 .. , t • t h '._ - -.'. ,. t _ . .. .. � `-• v — • 4 i Ll • r • { I 4 r. t . � . c �. r • . ,, N - , , . . , .i dr 4r Y S • u + n 1 F P' . Z Y • TKDA � � a T2 K — 5i: AS TOl IN SOCGIATES, ILL', OUVA�6S f0ATEO , A�Np�q SON 4 '�j ANO ENGINEERS • ARCHITECTS • PLANNERS + r--I �' 444 CEDAR STREET PHC T HE M1l 2 FA 1 . q April 4, 2000 Honorable Mayor Dave Schaaf City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Mayor Schaaf: The Town Board of Baytown and I have reviewed the letter to you from the Minnesota. Department of Health dated March 21, 2000. This letter outlined potential problems with drilling a well on the prison property. Of enormous concern to Baytown Township is the chance that pumping from a well in this location may increase the size of the contamination plume from the Lake Elmo Airport. As noted in that Letter, contamination is present nearby in the Jordan Sandstone aquifer. We are especially concerned because many Baytown Township residents have wells that draw from that aquifer. In addition to the obvious health concerns, a change in the plume size or direction would have very real and negative impacts on property values within the Township. We request that the City of Oak Pak Heights immediately stop drilling of the test well and planning of a public water supply well on this site entirely. Sincerely, 1 Thomas Prew, P.E. Township Engineer cc: Baytown Town Board Stephen W. Robertson - Minnesota Department of Health An Equal Opportunity Employer dik Minnesota Pollution Control Agency 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 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 (TCE) contamination primarily in the Prairie Du Chien aquifer, but that also has been detected in some samples from the deeper Jordan aquifer. The Minnesota Pollution Control Agency (MPCA) is currently requiring t e 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. • MDH 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 30µg/1 for private drinking water wells, the applicable standard for municipal water supply wells is the U.S. Environmental Protection Agency maximum contaminant level (MCL) of 5 µg/l. • Installation and pumping of a large capacity municipal well (830gallons per minute) as we understand is being proposed, caries 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 55155 -4194; (651) 296 -6300 (Voice); (651) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes - Duluth • Mankato • Marshall • Rochester • Willmar, www.pca.state.mn.us Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. The Honorable Dave Schaaf • April 13, 2000 • Page 2 We are available to discuss this further, and recommend a meeting as soon as possible with the City, MDH and MPCA staff. If you have questions regarding this matter or would like to set up a meeting, contact Richard B g please Baxter (651/297 4471) or Jim Seaberg (6511296 - 7823). Sincerely, • • 1 Michael Kanner, Section Manager • • Site Remediation Section • Metro Disttict • • MK:smin • cc: Tom Melena, City of Oak Park Heights • Pat Sarafolian, Minnesota Department of Health • • • II TOTAL P.03 O m ,n N N O m m v� i i 1 I 1 iii Q CE N g Ao $ 4 U T a. 1 r - r if City of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 September 8, 2004 Mr. Ken Hooge Senior Housing Partners 2845 North Hamline Ave. Suite 100 Roseville, MN 55113 RE: Gazebo / Well Dear Mr. Hooge, The City has had an opportunity to review your request to install a gazebo in the McKean's Square development. With this letter, the City is prohibiting the placement of the gazebo or the further development of the well (PUD amendment) in the until the City has been provided opportunity to review the full parameters of such well - for which the gazebo was to also act as a pump house. The City has a concern with the drawing of water from our potable aquifer (Jordan) for irrigation purposes and as it may have potential unintended consequences of drawing pollution that lies south of our City nearer to our aquifer. Until the City Engineer has had a full opportunity to review your drawings /designs and plans and can provide assurance to the City that this use will not negatively impact the security or integrity of the City water supply, you may not proceed with the further development of this well, gazebo construction nor may the well be utilized to any extent. Further installation of any additional pumps, well apparatus or similar infrastructure is prohibited until the City is provided and has approved the full scope of plans and specifications for the same. I would suggest that we meet next Wednesday, September 15 2004 here at City Hall to discuss this project. Please bring the appropriate documentation with you which should include copies of any and all permits from the regulating agenc , ell logs, aquifer data, engineering reports, surveys, etc. Please let me know if that date is satisfa . •ry. S. erely, Eric Johnso City Adm 44tor Cc: Todd Erickson Mark Vierling Dennis Postler Tom Ozzello Jim Butler Julie Hultman Weekly Notes Minneepta REQUEST FOR REVIEW AND COMMENTS Department of Nasal Resources —� MINNESOTA DNR PERMIT APPLICATION NUMBER: �- DATE OF REQUEST: b I - (, Y- (Note: Comments on this application are Due 30 days from the date of this request Return Comments to: DNR Waters, Central Region, 1200 Warner Road, St. Paul, MN 55106.) FROM: 1Dl So d,•e-ey PHONE: (651) 772 -7910 TO: ❑ City / County Q eN.. . � ��S . - . 3 "0 k ✓tStA, ❑ Watershed Authority FO Wv..S � ❑ Cons. District (SWCD) ❑ Corps of Engineers ❑ DNR Wildlife ❑ DNR Fisheries ❑ DNR Eco. Services ❑ DNR Fisheries; APM L PROPOSAL INFORMATION Applicant: ' , J SS _s . u S 1►" rv5 ` Na (Ally le Protected Water: a DNR ID #: County: c Project Description: \ ti � c g s (� • 4..�.�..� v� lu � — it _ i _ C ■ • COMMENTS ON PROPOSAL Comments on Project by Reviewer (attach separate sheet if needed): Recommendation of Reviewer: Name of Reviewer: Title: Date: r- 6,j / -b3 /' l30 AK : r+ City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 January 21, 2005 Attorney Mark Vierling Eckberg, Lammers, Briggs, Wolff and Vierling. P.L.L.P. 1835 Northwestern Ave. Stillwater, MN 55082 RE: VSSA Well Dear Mark, I have had an opportunity to review the proposed language changes from G. Sayer on the VSSA well proposal. I also see your notes on the side. I have made a few suggested revisions, in bold italic, as to their proposed language and perhaps addresses some of your items as well. Lastly, I have incorporated into the document a draft paragraph related to the correspondence from MDH on the possibility of well operation drawing this plume northwardly. This document and discussion did come from Mayor Beaudet who would like to see this language or something similar, into the document so that VSSA knows that they may be facing considerable liability. Take a look and w' d ss. 12/27/2004 09 :47 ECKBERG LRW - 4390574 NO. 560 D001 ti LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. r arnrrwrs Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (19162003) Mark J. Vierling '+ (651) 439 -2878 Paul A. Wolff D Susan D. Olss on n Thom J. n, FAX (651) 439 -2923 (1944-1996) David K. Snyder Sean P. Stokes •Qualified Neutral Arbivator Balers C. Heuer *Certified Real Estate Specialist Laura L. Domagala .Qualified Neutral Mediator Joshua D. Qrristensen COVER SHEET - FACSIMILE TRANSMISSION DATE: December 27, 2004 Please deliver the following page(s) to: FAX NO: NAME: Eric Johnson FROM: Mark J. Vierling TOTAL NUMBER OF PAGES 4 , INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff & Vierling. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation_ If you received this communication in error, please immediately notify us by telephone at (651) 439 -2878. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (651) 439 -2878 COMMENTS: Re: McKean Well -FYI * * * * * * * * * * * HARD COPY WILL [NOT] FOLLOW BY MAIL 12/272004 09:47 ECKBERG LAW -> 4390574 NO. 560 D002 FROM , THU) 12. 23' 04,162_12/ST. 16 : 37 /NO. 4261057976 P 1 LEONARD 0 BN SPENCER, GALE & SA • • n W, Nearooma• • Peer J. &O visa Brim F. Leonard* AtWtaays at Law Todd A. Taylor Ma 7. SPeaser, Jr. 4 A Probational Association J P. Wem� Micl�l R 0 Wan zany Trapp Edwsni W Gala Clover C, Sayre. l>it0 100 South Fifth Street Of Colo* Thomas W. Noavoms ZS ' Suite 2500 Chong B. ingabrood. 7r. I.Gobdl.M Q!aais COhoa 'Minneapolis i 55402 - 1216 � wy o ,,a l rf000e Thy M Ws, Jr. Tdepbtme (612)332.1030 o Atmieisined ta mama Thomas C. Atmore + Fax (612) 332 -2140 0 Antral t a) • Emma. Pies � • • ceranea ?man Mateacw R Swat Intranet: www.ltz+>pa. Lim kr *Wan Oakum Seas Ber.drremaNa) " lathed Soma FACSMILLTRANSMIVAL . SICEET , DATE: TO: g 4 '. ! FACSIMILE NO.: , 5 I v (3 9 49 TO: FACSIMILE NO.: TO: FACSIMILE NO.: TO FACSIMILE NO.: • TO: FACSIKLE NO.: • FROM: /b NO. OF PAGES (j i this page) ASSIST COMMENTS: • • • ` f PLEASE CALL US• IMMEDIATEL _ rF TSi.E ARE ANY PROBLEMS DURING THIS TRANSMISSION ^� CONFIAENTIAX This' transmLassoncontainslnformadontha alorkpagyprivilaged The information is intended only for the person to whom it is directed If you are not the person to whom it is directed, you ars hereby notified that any disclosure, copying, distribution or Inking of any action in reliance on the contents of this transmission except its direoi delivery to the person to whom It is directed k strictly prohlbbAsd Zf yon have nosi.sd this faaai+n tee fn error, phase noaifftt3 fry tctephonc immediatd so that we can omen: a or realm o the o at dominoes, • • • 12/27/2004 09:47 ECKBERG LAW a 4390574 N0.560 P003 FROM' (THU112. 23' 04 16:42/ST. 16:37/NO. 4261057976 P 2 SUf ?IZMENT A 14 AGRETIVIErrr To THE MC EAN SQUARE DEVELOPERS AGSEMENT CtlY Op' OAK PARK MIGHT'S WASHINGTON COUNTY, TA WHEREAS, fe City of Oak?ark Heights and VISA ArTitY Services. LLC entered into a Developer's Agreement affecting theiconstriietion snd development of McKean Square 'within the City of Oak Pack Hits in September of 2003; and, WHREAS, the Developers have constructed a well for aesthetic and Vegetastive watering purposes in the development; and, the well as sited and located (See Exhibit "A ") provides a potential � source of conflict with a future municipal well to be located by tie City of Oak Yank Heights; and WAS, the siting of the fat u+e municipal well may be impacted by the locution of the well as consuueted on the site by the Devekrpc r. end, WHEREAS, concert to the well as located by t Developer bas been requested oft= City of Oak Park Heights by the Department of Natuzi l R um; arid. WHEREAS, the City is willing to consent to the location of such a well and its operation upon certain terms and coinditions, and 'WHEREAS, The siting of wells will be influene0 by the special well ent Jr Health and the Kumesota con_stcuction area esoablishod under the Minuo�i �'P� Pollution Control Agency now located in parts of Baytown endest Lakeland Townships and the City of Bayport as carped in attached Exhibit "B" NOW THEREFORE, be it agreed hereto betweien the parties as follows: 12/27/2004 09:47 ECKBERG LAW 4 4390574 N0.560 P004 FROM ' (THU) 12. 3' 04 16:42/ST. 1 • : 37/NO. 4261057976 P 3 The City of a ,. Park Heights : • • - . oonstructed the D eveloper as the seine has been presented resent to the upon the premises of - „ Square by Minnesota Department of . ; Resources andthe Minim $alhtnion Control Agency and the Department of Health, exchange for which the Developer tgrees as follows: • 1. That ' , the goose of siting a future muniCilI well by the City of Park Heights, should the • • .. Developer's well on tip McKean SQtiam , : ' h . , He pis of locating its impede or cr �..� �^��' ' . �x��~.~ City of Oak ParkPark igh in the needed third municipal we .lr _ Developer will tithe and close off its well on McKean Square or otherwise pay to the City of Oak Perk /lei the difietence incurred by the City in re siting the well to another location so that it is not i$mi tad bbl the irrigation well constructed McKean Square by the Developer- • &o n upon the site of MoIC Sq Y ,, f ' 2. The Developers of McKean Square and t4e current operators of the g �il irrigation system and the well constructed by the Developer shall lower the drop height to their wall to gain additional available bead in the manner recoinmenried by Mr. Dennis Postler of Bonesaroo, Roane, Andetllk and Associates, the City Consultiig 'Engineers- o the well drilling logs shall be provided by Developer to the City. { da 4,s. • 041 4114 *P' ei IN WITNESS WHEREOF, the pies have ho set forth their bands seals this day of , , 2005. ;4 0 CrTY OF OAK PARK HEIGHTS David Beaudet • I+iSayOr l , • ry. 1. A City of Oak Park Heights • • Heights, 55082 • Phone (651) 439 -4439 • Fax 651 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heigh , MN 0$2 e ( ) ( ) 439 -0574 December 17, 2004 Mr. Ken Hooge Senior Housing Partners 2845 North Hamline Ave. Suite 100 Roseville, MN 55113 RE: Well at McKean Square Ken, Enclosed you will fmd a DRAFT of the agreement needed by the City that could ultimately allow you to proceed with well operations this spring. Please review and prepare any comments you may have and get those to me as soon as possible so we may complete this project. P -t me know if • have any questions • Eric .I on, City I inistrator Cc: Mark Vierling Planning File 0°03/2004 10:36 6516316302 SR_HOUSING PARTNERS PAGE 02 MINNESOTA DEPARTMENT OF HEALTH - WELL MANAGEMENT SECTION -- CONSTRUCTION VERIFICATION This is to verify that this office has received notification that a water well (Minnesota Unique Well Number 712467) is to be constructed by MCCULLOUGH AND SONS, INC. at: County: WASHINGTON Township Name: BAYTOWN Received: 07/22/2004 Township No.: 029 Range: 20 Section: 05 1 ,( SE% SW3( SEA,( Street Address: NOLAN AVENUE NORTH This well must be constructed in accordance with Minnesota Rules on Wells and Borings. If withdrawing more than 10,000 gal /day or 1 million gal /year, a Water Appropriation Permit is required from the Dept. of Natural Resources at 651/296 -4800. Any unused well on this property must PRESBYTERIAN HOMES be sealed by a licensed water well 5540 NOLAN AVENUE NORTH contractor. MDH staff may be on site OAK PARK HEIGHTS, MN 55082 to inspect the well construction. If well is for a public water supply, this should not be construed as approval of plans. (TIV 11SN I Nb fv JIM Taps `� 5b2., g7 -2-47359 Slikora Nur►T 14NgTTL - .I emy ki fn-( Oi t C ..5 - /.. 77a -79/ ) Trait v' 4 *v$n (6.51 7 M- 71 Is -lly CA. itie„e, 0,,/03/2004 10:36 6516316302 SR_HOUSING PARTNERS PAGE 01 Innovations in Senior Living Communities 014 SENIOR HOUSING PARTNERS 2845 North Haraline Ave. Suite 100 Roseville, MN 55113 Phone (651) 631 -6300 Fax (651) 631 -6302 Fit/C TO: Eric Johnson FROM: Ken Hooge 651 631 -6312 FAX: 651 439 - 0574 PAGES: 2 PHONE: DATE: Sept. 3, 2004 RE: Well permit CC: Eric, I am FAXing the Well notification that we have from the Department of Health. This gave us the permission to construct the well. Since we intend to draw more than 10,000 gal /day we will also apply for a Water Appropriation Permit from the DNR. That application is being filled out at this time. Ken p ir Message Page 1 of 1 Eric A. Johnson , From: Postler, Dennis M [dpostler @bonestroo.com] Sent: Friday, September 10, 2004 3:04 PM To: Eric A. Johnson Cc: mvieriing @eckberglammers.com; Tom Ozzello; Jim Butler; Julie Hultman; Scott Richards (Scott Richards) Subject: FW: McKean Square irrigation well concerns - draft memo_9 -9 -04 Eric: Attached are some preliminary comments on the McKean Square irrigation well from Mark Janovec, our hydrogeologist who prepared the City's Wellhead Protection Plan, for your use /information. As Mark indicates, and as you requested in your letter to Ken Hooge, we need to see the well Togs and any aquifer data available. Let me know if you would like these comments formalized into a memo /letter from us prior to the Wednesday meeting. Thanks. Dennis M Postler Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36, St. Paul, MN 55113 Direct: (651) 604 -4815 Office: (651) 636 -4600, x4815 Fax: (651) 636 -1311 Cell: (651) 775 - 5102 E - mail: dpostlercbonestroo.com_ 9/13/2004 Fr' We have conducted a preliminary review of the proposed location for the McKean Square irrigation well. Based on our review of the well location and the proposed pump discharge rate, we have the following comments: 1. At the proposed pumping rate of 250 gpm, the McKean well would appear to pump at a low enough rate so as to not likely affect the current City of Oak Park Heights wells with well interference issues. Any drawdown at the current City wells would likely be minimal, if detected. 2. The proposed McKean well location is south of the current delineation for the 10 -year groundwater capture zone of the Oak Park Heights Wellhead Protection Plan. The capture zone for the irrigation well would likely run parallel to the City's groundwater capture zone and may not overlap with the current delineation. The irrigation well is located within (or near) a small surface water portion of the wellhead protection delineation, but this will not likely impact the current municipal wells. 3. The possibility that the McKean irrigation well may change the shape or size of the Baytown contamination plume may exist. As part of their process to permit high capacity wells, the Minnesota DNR should require the potential permit holder to demonstrate the new well won't adversely impact existing wells or draw contamination into a previously uncontaminated area. The location and proposed pumping rate of the irrigation doesn't appear to have a high likelihood of pulling contaminants into the City's current wells. However, a high capacity well in the area of the proposed irrigation well may draw contamination closer to possible future sites for municipal wells or may draw contamination into private wells not previously impacted by the plume. 4. The use of Jordan aquifer by the McKean well would increase the likelihood of possible conflicts with future municipal drinking water wells. While the current location does not appear to pose a threat to the City's current water supply wells, conflicts may arise in the future, as the City has limited locations available for future municipal wells. The City should review possible well sites and their proximity to the McKean irrigation well to determine if interference problems may arise in the future. 5. Possible well interference may be reduced by pumping the irrigation well from the Prairie du Chien aquifer. While the Prairie du Chien and Jordan aquifers are partially connected, it is possible that pumping the irrigation well from the Prairie du Chien aquifer would have a lesser impact on Jordan drinking water wells. As noted, this is only a preliminary analysis of possible impacts that the McKean Square irrigation well may have. Further review of any well logs and aquifer data from the irrigation should be completed before a decision is made to allow completion and/or utilization of this well. Additionally, it is recommended that future municipal well sites be reviewed for possible conflicts with the irrigation well. • City Council Minutes — 04 -27 -99 -Page 3 VI. New Business: A. Approve Resolution 99- 04 -22, A Resolution Approving Certain Fees and Standards as they Relate to the City of Oak Park Heights and Water Meters. Alter a brief discussion, Councilmember Turnquist, seconded b Swenson moved to Approve Resolution 99 -04 -22 Approving Certain Fees and Standards as they Relate to the City of Oak Park Heights and Water Meters. Roll call vote was taken. Carried 4 - 0. Councilmember Turnquist absent for vote. B. Appoint City Representative for NSP Meetings. Councilmember Beaudet, seconded b Schaaf moved to appoint Councilmember Mark Swenson as the Oak Park Heights Representatives for the NSP Meetings. Carried. VII. Old Business: A. Approval of VSSA General Plan of Development Phase I, Boutwell's Landing. After a brief overview of the General Plan, Ma Schaaf, seconded by Beaudet moved to approve the latest VSSA trail plan suggestion for trail placement between River Hills and VS SA. Oak Park Heights resident Joe McQuillan was present at the meeting and stated his strong opposition to the trail being put in behind his property. Carried. 3 - 1 - 1. Councilmember Turnquist opposing and Byrne abstaining. Councilmember Turnquist, seconded by Swenson moved to approve the trail plan subject to final walk - through and approval by City Council prior to paving the trails. Carried. C. • • •• ember Turn•L • - - _ • • - . • Swenson moved to approve e VS SA General Plan of DevelopmentPhase 1, 4Boutwell's Lan. g. Carried 3 - 1 - 1. Count r eau et . - - • s .. s arcing. Councilmember Byrne stated her reason abstaining on the VSSA project is because she is an employee of Lakeview Hospital, who is a partner in this project. B. Parks Commission recommendation for 58th Street Trail. Community Development Director Danielson gave a brief update on what the Parks Commission recommendations were regarding the 58tH Street trail. She stated that the Parks Commission was recommending that the eight foot wide bituminous trail to be constructed as part of the 58th Street extension be located adjacent to the roadway as shown on the attached City Council Minutes — 04 -13 -99 -Page 4 B. Approval of VSSA General Plan of Development Phase I, Boutwell's Landing. Planner Richards stated that the Planning Commission had reviewed and recommended approving the General Plan of Development Phase I, Boutwell's Landing with conditions set forth in his memo dated April 9, 1999. Councilmember Swenson stated that he would not agree to deviation from the County road naming system. Barb Barry gave a brief presentation of the changes to the plan. Joe McQuillan, 5558 Novak Avenue, and Scott Seaborg, 5562 Novak Avenue, both addressed Council and stated that they were opposed to the trail being placed within the western 150 foot buffer of the River Hills Addition. After discussion, Councilmember Beaudet moved to table this matter to the next Council meeting. Motion died for lack of a second. • Councilmember Turnquist, seconded b Swenson moved to rezone the propert to PUD. Carried 4 - 1. Councilmember Beaudet voting against. Councilmember Byrne, seconded by Mayor Schaaf moved to approve the Phase 1, Stage 1 Plan and also to include the trail system as proposed by the Parks Commission. Motion carried 4 - 1. Councilmember Turnquist voting against. Councilmember Byrne, seconded by Mayor Schaaf moved to approve the General Plan, Phase 1, Stage 1. Motion failed 3 - 2. Councilmembers Turnquist and Beaudet voting against. Councilmember Beaudet, seconded by Mayor Schaaf moved to table this matter to the April 20th Council Worksession for further discussion. Carried. Break from 9:22 p.m. to 9:36 p.m. C. Discuss amending Section 402 of the Code of Ordinances for Park Dedication Requirements. Cit Planner Richards stated that there were three proposed changes to the Ordinance and that the primar reason for making these changes was to equalize the current inequit in the formulas between land and cash dedication amounts. Councilmember Turnquist, seconded by Byrne moved to approve amending Section 402 of the Code of Ordinances for Park Dedication Requirements. Roll call vote was taken. Carried 5 - 0. D. Approval of Letter of Intent to MnDOT for lift station at Kern Center. Councilmember Beaudet, seconded by Byrne moved to approve the Letter of Intent. Carried. E. Discussion of Development Moratorium for the Central Business District. A-13-1999 12:09PM FROM BARRY AND ASSOC. 8223627 P.2 Valle y Se n i or Services Allia ce . ' 927 West Chwrhill Street ' Stillwater,' Mi mtsata 55052 , • . . ` 61 2) 631.6156 • • (612) 631 -6105 • . . April 12, 1999 _ . • • • . ' Mayor David Schaaf and Councilmembers David B.audet, Lynae Byrne; Mark . • . Swenson . ' • . . • • and Jerry Turnquist • City of Oak Park Heights . . 14168 North 57 Street . • . P.O. Box 2007 . , • Oak Park Heights, Minnesota 55082 . RE: Boutwells Landing by. fax Requested Approval ofPhase I, Stage 1 - . Dear Mayor Schaaf and Councilmembers Baudet, Byrne, Swenson and Turnquist I am writing on behalf of Valley Senior Services Alliance to comment on the Staff • • Report dated April 1, 1999. As you know, we ate 'seeking appro val of Phase 1, Stage 1 of Boutwells.Landing so that we can begin grading, utility and road work and • begin construction of the Phase I' townhouses: . • Presbyterian Homes, Lakeview Hospital and Croixdale, the Sponsors of Valley Senior Services Alliance, are pleased to b e bringing g g a state -the -art housing and supportive services campus to Oak Park Heights. Each sponsor has a long reputation . . for quality ualit y services and attractive, well - maintained buildings and grounds. We feel • we have gone an .extra measure in many ways to be a good neighbor and project in the community. We are not getting any City tax increment or assistance on the development, yet we are providing several hundred thousand dollars in improvements for a City park in addition to providing the land. We are providing over 5 acres in . setbacks beyond the 30 foot rear yard setback that would be standard for townhouses. . We are donating our land for 58 Street as well as being required to pay for much of the cost of that street and even acquisition of other propert jr to complete it; . • We are excited to begin the development. There has been considerable market interest that we are anxious to respond to, We believe that Boutwells Landing will be • a real asset to the corrimunity. • . • Our specific concerns about a few of the staff report conditions and comments are as listed below. Where the concern relates to a numbered condition in the staffreport, 1 . have referenced it by the corresponding item number. . • ...ip a non - profit collaborative effort of Lakeview Ko pital, ('r b dale Residence & Apartments, and Presbytrria Humes of Minnesota . -13 -1999 12:09PM FROM BARRY AND ASSOC. 8223627 P.3 Valley Senior Se rvice's Alliance , 927 West Churchill Stmt Stillwater.,' Minnesota 55082 • page 2 • . • . 6 612) 61-6106' • 1. Item 1. W'e are asking for Tree Preservation Approval at this time, The ' staff has received Kathy Widin's favorable report and the Planning . . .Commission did approve it. .. - . • 2. Item 8. We have revised the site plan since the last formal action by the , . City Council to eliminate a,portion of the.rnedian in the parkway. We • have needed to gain a little more site room and t4 save some costs to be sure we can keep the pricing affordable. We liked the stafFs suggestion of • widening the boulevard to 20 feet at the entrances and doing more landscaping there and have incorporated that revision into the plans. Both , • Parks and Planning found•this.acceptable. . • 3. item 13. We ask the City to defer this item until we have a proposal for specific names for you to consider and expect to come up with that . shortly. • 4. Item .16. We will be dealing with detailed planning of the park at a later . time, however we would like, to respond to Scott Richards'suggestion that • our recreational facilities. be combined with the park shelter.. We have not . . • really showed a separate recreational facility in recentplans since we . • moved the Phase II i ndependent l iving building south of the parkway. We • • • have a number of amenity spaces in core campus buildings and expect that any others will be within the core or the Phase IT independent living building to maximize accessibility and usage by residents with varying • mobility. Our shelter plans will be consistent with our $80,4)00 budget . • _ unless the City has funds to augment that. We would be happy to work • . • • • with the staff and Parks Commission to plan for something that would • work well and be attractive if they add to it in the future. 5. item 17., We strongly advocate for keeping the 8 foot berm and wide landscaped buffer between our development and River Hills. We feel it is • for the benefit of River Hills; but also enhances the views and.privacy ., from our 'townhouse.unitson that east side, If a trail is added, the :berm will have to be reduced to about 4 feet and narrowed in order to provide a , • good setback for the trail from the private space of the townhouses. We • feel that the trail system already is provided with three different,links to the south from 58 Street, The Planning voted to eliminate this condition. ' 6, Item 18. We will add the trail to the north in the park as shown on the staff exhibit. The trail between the pond and holding pond was eliminated ' because it did not seem to be attractive or safe. Both Planning and Parks .agreed, 7. Item 19. Our parks budget in the Development Agreement did not • include trail lighting and only included a couple of lights for the shelter . • and parking area. The trail lighting we have previously agreed to in the • . ..4. 'u nun•prn(it collaborative etlort 4 Latcevirm Hisrirnt, ('roimIslc Rrsid ttx `Apartments, and Presbytcriun limes or Minnes= J9 12:10PM FROM BARRY AND ASSOC. 8223627 P. 4 Valley Senior Services A lliance Ill. West Churchill Street Stillwater, Minnesota 55082 • . . 6111 6. 1 -61st; Page 3 • ' Y(6!2) (3l-(,lO8 • • . , , • . Development Agreement,. as we understand it., is for the connections to • , • • River Hills ar d Autumn Ridge so that they can get to the Park, It . appeared that even the desire for.li« ting was mixed, with Parks in favor and Planning against it. . 8. Phase,Y, Stage 2. The only other thing I would note is that the staff report . indicates a numbed of items that will be reviewed in Phase.I1. It1 actuality, , . • most of them will come before you as apart of the plans for Phase 1, Stage 2. . • . • In summary, we are very supportive_of the conditions.as approved by the Planning • . Commission (as in Scott Ri chards' April 9, 1999 memo) except that we ask you to defer discussing naming. Thank you for .your consideration and your support of the • development .of Boutwells Landing. We are certain you will be pleased when it is • done and a part of the communityof Oak Park Heights. If you have any questions . . about any of these items or other questions about the project, please do not hesitate to ' • call us. I am most easily reached at 612- 822 -439 . . . • Respectfully, ' , • . ' • • TYS # LAV ' . 2 ' . Barbara P. Barry . Development Con ltant • • . Valley Senior Services Alliance . • . • • • • • Cc: Scott Richards • • Kris Danielson . Dan Lin'dh.- Presbyterian :Homes . • Curt Geissler' - Lakeview Hospital • . Jeanie Hocking - Croixdale . • . • • . • • ., • ••• ti nonprofit collubQrativc effort of LaktwitnV llospititl. Croixdale Residence `Apartments, and Prnsbytrrian 1lorneS of Ivlinusota APR -e9 -1999 11:34 NAC 612 595 9837 P.02/04 ,';;;.. LOSURE • • NORTHWEST ASS,OCI•ATED CONSULTANTS .. • 1kc COMMUNITY P.LAN'NING - DESIGN - MARKET RESEARCH • .. . . • • . • . . . . . . . • • . . MEMORANDUM . ' • • ' - . TO: • Tom Melena • : ' • ' FROM: • . • Scott Richards : • ' . ' . : ' , . DATE: • E: . Aprll 9, 1999 • RE • Oak Park Heights - Valle Senior • 9 Y Services Alliance . (VSSA): General Plan of Development Phase I, Boutwells, Landing } • Fl•LE NO: • . 798.02 - 98.02 • Please be advised that at their April 8, 1999 meeting, the .Planning Commission •voted . . unanimously to recommend a rezoning to Planned Unit Development and'GeneraF Plan' of Development approval for Phase I of Boutwells Landing: • •The Planning Commission discussed at length the trail between 58th Street and the River Hills access roadway.and recommended that it not be included in the plans. The Parks Commission, at their April 5, 1999 meeting, had recommended that the trail.be included in theplans. With other • slightrevisions to the staff recommendation found in the April • h rr! 1 1.99 planning e P r port, the . • following action was taken by the Planning Commission: • : . . • Planning Commission of the• City of Oak Park � • The P ' Y Heights hereby recommends the PUD D • • • General Plan (Phase ), Stage I) for VSSA's Boutwells Landing project subject to the . following.conditions: , • • • - 1. .Approval is granted only for Phase I; Stage I General Plan of Development except • forte following: • ' • • a. Landscaping. . • • •• • b. Lighting. . • • . • . • c. . • • • Signage_ • 2. The rezoning to PUD District will be Limited to the Phase . . . e I area. • .3. - The City shall retain 15 foot easements on each .side of all private roadways and public r•ghts -of -way. • 57 WAYZATA 6OULEVARD, SUITE 555 ST. •LOUIS PARK, M.INNES_OTA 554 1 PHONE 612-595-9636 FAX 612,595-9837 - • 09 -199 11 s 34 NAC ,..... + ' n APR— 9 ,� 612 595 9837 P 03104 • • 4. Access easements shall be granted over all private roadways to maintain City and emergency vehicle access. 5. VSSA shall be responsible for all maintenance of and shall construct signage designating all private roadways. 6. The site plans are approved subject to the comments found on page 3 of the April 1, 1999 planning report. 7. VSSA shall be required to dedicate all right-of-way necessary for 58 h Y ry t Street, the • parkway and other public roadways within the project. 8. The Planning Commission recommends the reduced parkway median with a 20 foot • width as indicated on the site plans included in the April 1, 1999 planning report. 9. Parking limitations will be placed on the ublic and private road p p roadways as agreed to by the City Engineer, Public Works Director and the Fire Chief. • 10. A temporary turnaround shall be constructed at the end of the southwest roadway until the roadway is extended as part of Phase 11. 11. VSSA shall rovide plans for snow remov for p p al fo the private roadways. 12. VSSA shall maintain, throughout the year, the emergency vehicle access from the parkway to 55th Street. 13. The City Council shall determine if it will vary from the approved County naming system for the public and private roadways within the project.. 14. The grading and drainage plans shall be subject to review and approval of the City • Engineer and the applicable Watershed Districts. • 15. The City shall accept the main park area, nature preserve area and the improvements .agreed upon in the development contract to satisfy the park dedication requirements of the City. • 16. Details related to landscaping, parking lot, park shelter /recreational building, and playground equipment within the park areas would be agreed upon as part of Phase 11 approvals. 17. VSSA shall be required to construct a trail connection within the main park area forth of the park shelter area to connect with the trail along the parkway. 2 t • APR -.091999 11 35 WIC t:463,2 595 9837 - 4 ?r0 0o, 4.7 • K ' - • ' 18. The trail connection to the Stillwater Area High School's Environmental Learning Center, if agreed to by School District 834, shall include a gate and signage. 19. VSSA shall provide additional details on the trail crosswalks including signage and plans for the trail bridge as part of Phase II approvals. 20. The City Engineer shall work with VSSA's engineer on the design of the wetlands. Detailed landscape plans for the wetland and ponding areas shall be provided as part of Phase II approvals. 21. Any changes to the development contract resulting from General Plan review and • approvals shall be made concurrent with the motion for approval. • • pc: Kris Danielson Barb Barry Skip Sorenson • • 3 I . I ' NORTHWEST ASSOCIA ?ED CONSULTANTS INC N COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Tom Melena FROM: Scott Richards DATE: April 1, 1999 • RE: Oak Park Heights - Valley Senior Services Alliance (VSSA): General Plan of Development Phase I, Boutwells Landing FILE NO: 798.02 - 98.02 BACKGROUND • VSSA has made application for rezoning to Planned Unit Development and partial General Plan of Development approval for Phase I of Boutwells Landing, a senior housing and care facility. Phase t approvals and construction beginning in 1999 is to include the following: Phase I: Independent Living 96 units Alzheimer /Dementia Care 36 units Assisted Living 72 units • Duplexes 48 units Quadraplexes 8 units Town Center /Service Center The approvals currently being requested include the following elements of Phase I: Phase I, Stage I: Preliminary Plat Preliminary Grading Plan Utility Plans Street Plans Preliminary Site Plans to include: Duplexes (48 units) Quadraplexes (8 units) • 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 VSSA is requesting partial General Plan of Development approval for Phase I, Stage I to include the streets, grading and drainage for all of Phase I but only final site and building approvals for the duplexes and quadraplexes. A diagram showing the area included in Phase I and the areas that include duplex and quadraplexes of Stage I are found as Exhibit C. Attached for reference: Exhibit A:. Schematic Site Plan - Phase I and II Exhibit B: Schematic Site Plan - Phase 1 Exhibit C: Schematic Site Plan - Phase land Phase I, Stage 1 Exhibit D: Preliminary Plat Exhibit E: Preliminary Grading Plan Exhibit F: Preliminary Tree Preservation and Paving Plan Exhibit G: Lighting Plan Exhibit H -L: Landscape Plans Exhibit M -V: Building Elevations and Floor Plans ISSUES ANALYSIS Zoning. The entire site is currently zoned 0, Open Space Conservation. The area to the south of 58th Street will be zoned PUD. The area to the north has already been approved by the City Council for the Central Business District (CBD) zone. The action to be taken at this time is to rezone Phase I to the PUD District. The area included in Phase II will be rezoned when approvals are considered for that aspect of the project. Subdivision - Preliminary Plat. A preliminary plat of Phase 1 has been presented for review as found as Exhibit D of this report. The plat indicates the lots, blocks, outlots and street rights -of -way for the development. The City will retain 15 foot easements along each side of all the rights -of -way and the private streets for utilities. The parkway right -of- way is proposed at 70-80 feet in width. The roadway within Phase I to the south and west is 55 feet in width or 5 feet under the Subdivision Ordinance requirement of 60 feet. The City Engineer is agreeable to a right - of-way variance of 5 feet. The two cul -de -sacs in the development are to be private roadways. VSSA will maintain these private roadways, and will be required to give the City easements for access of emergency vehicles. Site Plan Review. The site plans presented for Phase I, Stage I are very similar to those approved in the Concept Plan. The area in the northwest corner of the project has been altered, but the units will maintain at least a 220 foot setback from the Autumn Ridge neighborhood. The units on the east side of the development will maintain at least a 150 foot setback from the River Hills neighborhood. Staff has reviewed the plans for Phase I, Stage I and offers the following: 2 5 1. Three of the units in the northwest corner of the project do not maintain a 20 foot side yard setback. Staff recommends that all of the townhome units maintain the 20 foot setback consistent with City standards. 2. The curved driveway configuration for units in the northwest corner of the project should include turnarounds for ease in maneuvering vehicles onto the street. 3. The wetland areas and storm retention ponds should be given freeform shapes as opposed to oval or angular dimensions. Street Plans. VSSA will be required to dedicate all right -of -way necessary for 58th Street, the parkway, and other public roadways within the project. The site plans indicate that the center landscape median previously proposed in the Concept Plan has been substantially reduced to only the main entrances along 58th Street. The current plans show the two median areas at 20 feet in width that would be landscaped and contain monument signage for the development. In that this is a significant departure from the approved Concept Plan, the Planning Commission should comment and the City Council determine the acceptability of the reduced parkway median. The parkway would be constructed to City standards. The southwest roadway would be constructed at 28 feet in width, as opposed to current City standards of 32 feet. The City Engineer and Public Works Director find this acceptable, but the roadway would be limited to parking on only one side. The private roadway in the northwest corner will be constructed to 32 feet and the cul -de -sac will be 90 feet in diameter. The City Engineer, Public Works Director and the Fire Chief find this roadway design acceptable but would • not allow on- street parking within the cul -de -sac to assure adequate fire protection. The cul-de -sac design of the private drive from the southwest roadway is also acceptable but parking would be prohibited along this roadway and turnaround. The southwest roadway is planned to end at the south edge of Phase 1. A temporary turnaround should be constructed until such time as the roadway is extended into Phase II. VSSA shall provide plans for snow removal for the private roadways in the development. This requirement shall be made a condition of General Plan approval. The plans also indicate an emergency access from the parkway to 55th Street within the River Hills neighborhood. The access would be dedicated to the City, be for emergency vehicles and pedestrian /bicycle access only, and be maintained throughout the year by VSSA. 3 Street Names. The preliminary plat and site plans indicate that the name of the primary roadway would be "Haase Parkway'. Public safety officials have indicated that they would prefer naming the roadways in the development consistent with the County naming system. The City Council would need to determine if they will vary from the approved roadway naming system. The southwest roadway that extends into the second phase would also need to be named on the plat. Grading and Drainage Plans. Preliminary grading and drainage plans have been submitted to the City for review. The grading and drainage plans shall be subject to review and approval by the City Engineer and applicable Watershed Districts. Ponds. The City Engineer has indicated that the raised portion of the large wetland area may not be a favorable feature for the park. His concern is with the larger size required for the wetland because of this feature and the potential negative problems with geese. The City Engineer will work with VSSA's engineer on the design of this wetland. The landscape plans should also specify details on the plantings around the wetlands, including the type of grasses to be used. Detailed landscape plans for the park and wetland areas will be reviewed as part of Phase II. Utility Plans. Preliminary utility plans have been submitted to the City. The City Engineer will provide the final design of all utilities for the project. Parks. The preliminary plat defines the areas that would be dedicated as the City p ark. Lot 1, Block 3 comprises the main park area and Lot 1, Block 5 the nature preserve. The Parks Commission has preliminarily named the park and nature preserve as "Boutwells Park'. Dedication of these areas of park land and the improvements agreed upon in the development contract satisfy the park dedication requirements of the City. The plans that have been submitted only provide the basic layout of the parks, wetlands and ponds, topography, trails, and preliminary improvements. The details related to landscaping, parking lot, park shelter and playground equipment would be approved as part of Phase II. The Parks Commission has expressed interest in the development of a combination park shelter and recreational center for the VSSA project. The original Concept Plan had indicated a separate recreational building for VSSA that is now not indicated on the plans for either phase. One structure could be placed within the park that could provide year round utilization for the project's residents and public meetings /recreational programs. City staff will continue to work with representatives of VSSA on this concept. 4 Trails. The trail plans vary significantly from those approved as part of the Concept Plan. The new plans show that the trail connection between 58th Street and the River Hills access roadway (to the east of the duplexes) has been removed. City staff feels strongly that this connection is necessary to connect the trail along 58th Street with the Boutwells 9 outwel Is Landing development and the River Hills neighborhood. Trails have also been eliminated within the main park area. Trail connections north of the park shelter area and south between the storm water pond and the wetland have been removed. Again, staff feels that these trail connections should remain in the plans. These trail connections are shown in Exhibit B. The lighting plan originally submitted to the City indicated trail lights along the main trail corridor through the City park. In the most recently submitted plans, these trail lights have been removed. Staff would recommend that VSSA be required to add trail lighting fixtures within the main park area as shown in Exhibit G. The lighting plan indicates that the trails from the parkway to the River Hills and Autumn Ridge neighborhoods would be lit. The trail connection to the Stillwater Area High School's Environmental g Learning Center should be discussed further with School District representatives. A gate and signage would be added to limit access to the learning center for only pedestrians. As part of the plans for Phase II, VSSA will need to provide additional details on the trail crosswalks, including signage and other means for creating safe crossings as well as plans for the trail bridge within the wetlands. Tree Plans. VSSA has submitted plans for tree preservation within the project. The City Arborist is in the process of reviewing the plans to determine conformity with the Tree Protection Ordinance. The City Arborist is working with VSSA representatives to assure that their information is complete enough to provide adequate conformity with the City's tree requirements. Due to the late submittal of the plans and specifications, the City Arborist has not completed the review. It is recommended that General Plan approval be held on the tree protection plan until a complete review can be done. Landscaping. Landscaping plans have been provided by VSSA for the parkway and the Phase I, Stage I areas. Again, the City has only recently received these plans and a complete review has not been completed by City staff and the City Arborist. The landscape plans are also tied to the tree protection plan in that the amount of landscaping will determine compliance with the City's Tree Protection Ordinance. General Plan approval will be held on the landscape plan until a complete review can be done. Lighting Plans. The lighting plans submitted by VSSA have been reviewed by City staff. The City Engineer and Public Works Director have indicated that the number of street lights proposed on the roadways may be excessive and the numbers could be reduced. 5 One of the concerns is the long term operating and maintenance costs to the City for this number of fixtures could be substantial. It is recommended that some of the street fixtures be removed but additional fixtures be included along the trails within the park. The final street and trail lighting plans will be subject to review and approval of the City Engineer and Public Works Director as part of Phase II. Signage Plans. Details on the entrance area monument signs and other roadway and building signs have not been provided to the City. The City will hold on any signage approvals until complete sign plans are provided. • Development Contract. A development contract has been finalized between the City and VSSA. Any changes to the development contract resulting from General Plan review and approvals should be made concurrent with the motion for approval. RECOMMENDATION AND CONCLUSION Our office, having completed review of the submitted materials, finds the applicants' request for rezoning to Planned Unit Development for Phase I acceptable. Additionally, Phase I, Stage I plans were acceptable subject to the conditions found below. The plans for tree preservation/ protection, landscaping, lighting, and signage would not be included in this approval, but would require additional staff review and Parks Commission /Planning Commission /City Council approvals at a later date. The City Council of the City of Oak Park Heights hereby approves the PUD General Plan (Phase I, Stage I) for VSSA's Boutwells Landing project subject to the following conditions: 1. Approval is granted only for Phase I, Stage I General Plan of Development except for the following: a. Tree Preservation /Protection. b. Landscaping. c. Lighting. d. Signage. 2. The rezoning to PUD District will be limited the g ill ited to th Phase I area. 3. The City shall retain 15 foot easements on each side of all private roadways and public rights -of -way. 4. Access easements shall be granted over all private roadways to maintain City and emergency vehicle access. 6 • 1 i 5. VSSA shall be responsible for all maintenance of the private roadways. 6. The site plans are approved subject to the comments found on page 3 of the April 1, 1999 planning report. 7. VSSA shall be required to dedicate all right -of -way necessary for 58th Street, the parkway and other public roadways within the project. 8. The Planning Commission should comment and the City Council determine the acceptability of the reduced parkway median. 9. Parking limitations will be placed on the public and private roadways as agreed to by the City Engineer, Public Works Director and the Fire Chief. 10. A temporary turnaround shall be constructed at the end of the southwest roadway until the roadway is extended as part of Phase 1i. 11. VSSA shall provide plans for snow removal for the private roadways. 12. VSSA shall maintain, throughout the year, the emergency vehicle access from the parkway to 55th Street. 13. The City Council shall determine if it will vary from the approved County naming system for the public and private roadways within the project. 14. The grading and drainage plans shall be subject to review and approval of the City Engineer and the applicable Watershed Districts. 15. The City shall accept the main park area, nature preserve area and the improvements agreed upon in the development contract to satisfy the park dedication requirements of the City. 16. Details related to landscaping, parking lot, park shelter /recreational building, and playground equipment within the park areas would be agreed upon as part of Phase II approvals. 17. VSSA shall be required to construct a trail access between 58th Street and the River Hills access roadway. 18. VSSA shall be required to construct trail connections within the main park area north of the park shelter area and south between the storm water pond and the wetland as indicated in Exhibit B of the April 1, 1999 planning report. 7 9 • t t 19. VSSA shall be required to provide trail lights along the main trail corridor through the main park as shown in Exhibit G of the April 1, 1999 planning report. 20. The trail connection to the Stillwater Area High School's Environmental Learning Center shall include a gate and signage as agreed to by School District 834. 21. VSSA shall provide additional details on the trail crosswalks including signage and plans for the trail bridge as part of Phase 11 approvals. 22. The City Engineer shall work with VSSA's engineer on the design of the wetlands. Detailed landscape plans for the wetland and ponding areas shall be provided as part of Phase 11 approvals. 23. Any changes to the development contract resulting from General Plan review and approvals shall be made concurrent with the motion for approval. pc: Kris Danielson Mark Vierling Joe Anderlik Skip Sorenson Barb Barry • • 8 SUPPLEMENTAL AGREEMENT TO THE MCKEAN SQUARE DEVELOPERS AGREEMENT CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA WHEREAS, the City of Oak Park Heights and VSSA Housing and Community Services, LLC entered into a Developers Agreement affecting the 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; and, WHEREAS, 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 THEREFORE, be it agreed hereto between the parties as follows: 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 agrees as follows: 1. That in the process of siting a future municipal well by the City of Oak Park Heights, should the existence of the Developer's well on the McKean Square site impair, impede or create greater expense for the City of Oak Park Heights in the process of locating its needed third municipal well, the Developer will either 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. 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 well to gain additional available head in the manner recommended by Mr. Dennis Postler of Bonestroo, Rosene, Anderlik and Associates, the City Consulting Engineers. Copies of the well drilling logs shall be provided by Developers to the City. IN WITNESS WHEREOF, the parties have hereunto set forth their hands and seals this day of , 2005. CITY OF OAK PARK HEIGHTS David Beaudet Mayor Eric Johnson City Administrator VSSA HOUSING AND COMMUNITY SERVICES, LLC Its Its Drafted by: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 Exhibit "A" . OUTLOT A BRACKEY ADDITION o WAL -MART ADDITION I ( nIODTI! I o , i ■c c *\ �Z��lit ►7l��a1� 3 ■� 7 � �`% r — ( ' . � ,, _ r g /i i 1 s 1G n �I) e 119.11.11111, 1�. f I p _ _ / / � ` i /71 0 h - R 71�III1� � i T � __ J z r J X. Iii t, '',O. \ v, � Y , � i l�, � l � �l � , � � fir � _ c A RAN �� \") ' l i 6 55TH STREE 1 D. 1 k P R K - �i --1"---7. v'o H wa _ DDTLDT ` ; r \\ R WI CH - - - � � RIV R H�LL . ` PARKWAY 1 c..... .P.,_ ....,,,, iiii 0 . 4-,A4 1 1 1 1 1 1 ''''' ' r'Th) N ;a ii.` , S'r- � � WELL S L--) s' : ... , • Id <c.- , °-- LOCATION ,n,i -J —i0: "linr v i RS 0 150 300 600 3 F , ' 10.. ! �11a�`l d a1 g- IRRIGATED PROPERTY in n { • Exhibit "B" 0 Ilk City of Oak Park Heights 651 439 -4439 • Fax (651) 439 -0574 1416 Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) December 14, 2004 Attorney Mark V ierling Wolff & Vierling Eckberg, Lammers, Briggs, 1835 Northwestern Ave. Stillwater, MN 55082 RE: VSSA WELL Mark, Thanks for the VSSA Well agreement, I have was few important that you have these various maps in front with you. Generally I would have just called but of you and that would be pertinent to the discussion. Please give me a call when you have a moment to discuss this material. Thanks Eric j 1x 4 City of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 November 11"', 2004 Ms. Molly Shodeen 6 1, if , A� • Minnesota DNR - Waters Division - Central Region s , k tot 1200 Warner Road St. Paul, MN 55106 V a,'"1 )'R , :�'� ** *ALSO VIA FACSIMILE - 651 -772- 7977 * ** RE: VSSA - Sr. Housing - McKean's Square Irrigation Well Ms. Shodeen, The City is in receipt of the Application information as submitted to your office and as provided for our comments. Per your voice mail on 11/11/04, you will be out of the office until 11/16/04. We have the following comments: 1) The entirety McKean Square Development is permitted under a Planned Unit Development (PUD) and a subsequent Development Agreement. While the Development Agreement between the City and VSSA does discuss the installation of a well the document does not grant unilateral discretion to VSSA (the Applicant) on the location, condition and capacities of such well. Such installation may only be accomplished via a formal "Amendment" to the PUD Permit. Accordingly, the applicant is currently not in compliance with PUD permit as it is our understanding that the well has been installed and no PUD amendment has preceded that event. The City has yet to take any particular action on this matter. The City has had some generic discussions with the Applicant that may will ultimately lead to an agreement on the location/use of such well. However, until such document is completed no irrigation well may be operated and we ask that the DNR not issue any permits. 2) We note that the Applicant has attached a letter from the City's Engineering firm Bonestroo, Rosene, Anderlik and Associates - Mr, Dennis Postler. While this memo was copied to Mr. Todd Erickson, the Applicant's engineer, it was intended as a professional courtesy and not as a formal position / commentary by this City for the Applicant's use in its (VSSA's) submission. 3) Per such October 1st letter from the City's Engineer, this 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. 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. Accordingly the Applicant's well deptb/plans must be revised to specifically address this issue per the comments /concerns 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 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) With this letter the City is making the DNR aware that there is a contamination plume of T.C.E. that lies approximately 3,500 feet southwardly from this well and, as it is our understanding, lies within the same aquifer. This issue that should not be dismissed without some level of analysis and assurances to the City this IRRIGATION WELL will not have an impact upon that plume, possibly drawing it closer to toward our well protection area and somehow impacting our ability to provide our residents drinking water from our City's drinking water watershed. The City asks for definitive statement from the DNR that this issue is not meritorious of concern. Without a response to this item (4) the City will assume that the DNR has reviewed this situation and does not fmd the matter to be of any concern to the City's capacity to provide drinking water to its residents. 5) Lastly, we ask for the time period of commentary to be extended so that both the City and the DNR is granted a full opportunity engage in these conversations with the MPCA, the MN Dept of Health, Washington County Health Department and the local watershed districts and allow them to comment on these maters prior to December 15 2004. This timetable should be adequate because the Applicants may not proceed with well operation (to any degree) without specific City approval and PUD amendment. Please let me know if you hay . ' y que ' •' . gards, ric Johnson, City Adm' I for Cc: Mark Vierling, City Att. I - Ken Hooge, VSSA (Ap • .. t) Dennis Postler, City E :. eer Pat Sarfolian, MDH Lowell Johnson, Washington County Dept of Health Konrad Koosman, Washington County Conservation District i . x i Se ; U I U I IP UYW `' ' . y � + " � V ± �t f.^.fi; r � '/ L r `"i •a- ' t , y � � 1 ' ' • X City of Oak Park Heights 14168 Oak Park Blvd. • Box 2007 Oak Park Heights, MN 55082 Phone (651) 439 -4439 Facsimile (651) 439 -0574 facsimiletransm To: I /LO J H B D l�i'� N Fax: Q S l i 77,1 7 1 7 7 Y 0.-- Iry From: Eizt C. 1 `'� s " I Date: ,_j �p (^) e LL Pa 3 Re: VSS4 ( CC: XPlease ❑ Urgent 7 For Review ❑ Please Comment Reply ❑ Please Recycle or 6c-ite-4.( le;tiz)2._ Notes: �-G .cv S . 0 124 t.. 3-61-iNg-01V r fy ' 1 t G; f .:,.,, 4 f } 1 f t , 4 1 `` d' F (d ry d 4? : t f F , Y 4 * * * * * * * * * * * * * ** -IND. XMT JOURNAL- * * * * * * * * * * * * * * ** DATE NOV -11 -2004 * * * ** TIME 10.23 * * * * * * ** DATE /TIME = NOV -11 -2004 09:45 JOURNAL No. = 94 COMM.RESULT = OK PAGE {S) = 003/003 DURATION = 00:01'11 FILE No. = 159 MODE = MEMORY TRANSMISSION DESTINATION = 7727977 RECEIVED ID = / 6517727977 RESOLUTION = STD -OAK PARK HEIGHTS CITY - ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** -651 439 0574 - * * * ** - - * * * * * * * ** Oak Park Heights Request for Council Action Meeting Date November 9th, 2004 Agenda Item Title VSSA Well Permit Application to the Mn Dept. of Natural Resources Time Required: 5 minutes Agenda Placement: New Business Originating Department / Re • ° or: E r . Ci Administrator Requester's Signature Action Requested: ' onsider an.. • thorize comments to be sent to MnDNR, authorize staff to discuss /pre • :: e an appropriate agreement on VSSA well. Background /Justification (P - ase indicate any previous action, financial implications including budget information and recommendations) . 1. VSSA - (McKean's Square) has submitted an application to the MnDNR for permission to draw from a well over 10,000 gallons per day / 1 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 Tess 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. 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 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 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. B. 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 well 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 1 r City Council Min inu�Ws 40-26-99-Page � 7 Break from 8:20 p.m. to 8:35 p.m. • J. Approval of VSSA Main Campus General Plan of Development. • City Planner Richards reported that the Parks Commission and the Planning Commission have both voted to recommend the approval of the request for general plan of development for Phase 1, Stage 1 plans Phase 1, Stage 2 plans except park plans and with the conditions as outlined in Community Development Director Danielson's report dated October 20, 1999 and City Planner Richards' report dated October 22, 1999. Skip Sorenson, the architect for VSSA gave an update on the project and the plans. Councilmember Beaudet stated he would like a 20' setback instead of a 10' setback from the park to the building. Councilmember Turnquist, seconded by Swenson,.moved approve the VSSA Main Campus General Plan of Development with the Parks and Planning Commissions conditions. Motion carried 4 — 1. Councilmember Beaudet opposed. VII, Old Business: A. Approval of Utilitv Rate Study. Sharon Klumpp, Springsted. Ms. Klumpp an overview of Springsted and the stud and model that they would provide to the City. Cit Engineer Anderlilz stated that Bonestroo, Rosene, Anderlilk & Associates could provide the same services and keep costs to a minimum. Councilmember Beaudet moved to approve $3,700.00 for a sewer and water rate study to be conducted by Bonestroo, Rosene, Anderlik & Associates. Motion died for lack of a second. Councilmember Swenson, seconded b Beaudet, moved to approve an amount not to exceed $8,000.00 for the study to be conducted b Bonestroo, Rosene, Anderlik & Associates. Motion failed 2 — 3. Mayor Schaaf and Councilmembers Byrne and Turnquist opposing. Councilmember Turnquist, seconded by Byrne, moved to approve $8,300.00 for Springsted to . conduct the utilit rate study. Motion carried 4 —1. Councilmember Beaudet opposed. B. Com Plan Approval. Councilmember Turnquist, seconded by Swenson, moved to approve the Comprehensive Plan Update b Resolution. Roll call vote was taken. Motion carried 5 — 0. . i MEMORANDUM TO: Tom Melena . FROM: Scott Richards DATE: October 22, 1999 E: Oak Park Heights- Valley Senior. S 1 i es Alliance s ll Landing (VSSA) R General Plan of Development Phase , FILE NO: 798.02 - 98.02 • The Planning Commission, at their October 21, 1999 meeting, voted - Stage 1 and Po a .I mmene • 2 m g approval of the General Plan of Development for Phase 1, report • cludin a CUP for building height and a variance t for b i l d 1999 p ing lane s. r The recommendation was made with the conditions of the O with changes made by the Planning Commission. Residents of the River Hills neighborhood were present at the public hffactive! and scree were concerned about the specific placement tect for VSSA well meet with the residents of the their residences. The landscape architect today to resolve any of the landscape and screening issues. The Planning Commission discussed in great detail the issues. The project issue chief access P resented points on 58 Street and the street/trail lighting Engineer and the designs for 58t' Street. The Planning Commission regards g, I g ngt the Planning Commission architect should resolve this tissue. In 9 royals until requested to see a photometric plan and recommended to defer lighting app that plan is provided. The Planning annin Commission recommendation is based on the following conditions. The wording that is highlighted reflects the Planning Commission changes to the staff recommendations. ,_ . _ • .., ►J y , , tea for Phase 1 plans; Phase ' stage 2 plans Phase 1, Sta for ge lands�..ping, lighting and r building height; and a 10 foot variance 9 for buildin lase' a conditional use 9e setbacks Aermit for 2. All site plans as incorporated into the Octo6 • m • ade a part of the general plan of development er 1 1999 p report shall b app proval. be 3. The site plan is revised such that the Boutwe less than 10 feet from the west roe l(s Landing building i s set back not property rty line. 4. A o total of 299 4 constructeof co gio tails including 80 underground garage stalls shall be as proof of parking to be constructed with subsequent Phase 1. Fifty-five surface stalls would be held • 5. A revised site plan shall be subm( phases for this facility. • required by tted with the disability designated stalls as y the State of Minnesota. 6. The site plan shall be revised to provide • to review and approval of the City Enginee access to • 58th Street, subject 7. Three to four foot berms shalt be constructed parking lots and the right-of-way of 58th Street as a p ve d ed to P. between the 8. Mechanical system plans shall be submi tted for Prod by Citstaff. review and approval by City staff. 9. Building material boards shall be submitted to t Commission and Council meetings in which the project the City in advance of the Planning � �• The Ci A J twill be considered. ty Arborist shall review and approve all landscape lans g and d 11. The grading P drainage plans for the project are subject to review and approval of the City Engineer and applicable watershed districts. 12. The City Engineer shall review and a cts. approval all utility plans for the project. 13. Sidewalk to trail linkages she!( be provided at campus as approved by City staff. multiple locations from the main 14. 15 • The Planning Commission _ = ' - _ ie ;‘ o �� � - m' °'� ° i "q . 3 f a-lAproposed light fixture _ - • _ • - : _ -. : • is a: ;�;_ ure and flood fighting at ' t qg. A full photometric plan for site lighting is to be submitted, subject to. review and approval of City staff. - 17. Any changes to the development contract resulting from general plan review shall be subject to the City Attorney review, and approvals shall be made concurrent with the motion for general plan of development approval of Phase 1. 18. The conditions of approval of the general plan of development approved by the City Council at their April 27, 1999 meeting shall apply to the entire Phase 1 of the Boutwells Landing project. • 19. Comments from the City Council, Planning Commission, Parks Commission, and City staff. pc: Kris Danielson • • • NORTHWEST ASSOCIATED CONSULTANTS INC N C-- sMM - DESIG,. - MARKET RESEARCH ENCLOSURE ,. PLANNING REPORT TO: Tom Melena FROM: Scott Richards /Daniel Licht . DATE: October 14, 1999 '/ • • RE: Oak Park Heights - Valley Senior Services Alliance (VSSA): General Plan of Development Phase 1, Boutwells Landing FILE NO: 798.02 - 98.02 • BACKGROUND VSSA has made application for General Plan of Development approval for Phase 1 of Boutwells Landing, a senior housing and care facility. The City Council has approved, on April 27, 1999, the rezoning to PUD of Phase 1 . and the General Plan of Development of Stage 1 of Phase 1. The current request is for approval of those aspects of Phase 1, Stage 1 that have not been previously approved and the remaining portions of Phase 1 to include the main campus of the overall development. Phase 1 approvals requested at this time include: • Phase 1, Stage 1 a. Landscaping b. Lighting c. Signage • Phase 1, Stage 2 a. Independent Living - 106 units, 4 stories b. Assisted Living - 108 units, 4 stories • • 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 5541 6 PHONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM c. Town Center - 2 stories Including: Bank Fitness Center Auditorium Museum Administration Beauty /Barber General Store Business Center Crafts Library Communal Kitchen d. Plans to include: • • Site Plans Building Plans & Elevations • Grading and Drainage Plans Utility Plans Lighting Plan • Landscape Plan Signage Plan • • • CUP for Building Height • Variance for Building Setbacks A narrative submitted with the application for this phase of development approvals is found as Exhibit A. The narrative outlines the development program, operations, parking and traffic issues and the schedule for construction. These issues will be discussed throughout this planning report. Attached for reference: • Exhibit A: Boutwells Landing Development Description Exhibit B: Site Plan • Exhibit C: Main Campus Site Plan Exhibit D: Grading Plan Exhibit E: Main Campus Grading Plan Exhibit F: Main Campus Storm Sewer Plan Exhibit G: Main Campus Utility Plan Exhibit H: Westerly Four -Plex Planting Plan Exhibit I: Easterly Berm and Landscape Plan Near River Hilis Exhibit J: Typical Townhouse Planting Plan Exhibit K: Main Campus Planting Plan Exhibit L: Norwich Parkway /Norwich Avenue Planting Plan Exhibit M: Norwich Parkway /Nolan Avenue Planting Plan Exhibit N- AA:Campus Floor Plans Exhibit BB: Building Elevations - Main Campus Exhibit CC: Independent Building Elevation Exhibit DD: Assisted Living Building Elevation Exhibit EE: Sign Plan Exhibit FF: Lighting Plan 2 • ISSUES ANALYSIS Zoning. The area included as Phase 1 has been zoned to PUD District. When zoning property as PUD, the City designates an underlying, district as the basis for compliance, with the ordinance. In that the principal use is a mixture of residential and business use, the appropriate underlying zoning would be R -B, Residential Business Transitional District. Within that district, multiple family dwellings are allowed as a permitted use and . nursing homes and similar group housing is allowed as conditional. The Boutwells Landing project, as being requested for Phase 1 approvals, will comply with the conditions set forth in Section 401.28.E.3 related to nursing homes and similar group housing. Subdivision. The Final Plat for Boutwells Landing has been approved and is filed with Washington County. The main campus area is designated as Lot 1, Block 2. The adjacent park area is. designated as: Lot 2, Block 2. The .Haase Nature Preserve area is. • ' designated as Lot 2, Block 3. • • Lot Area. The area of the main campus lot is 694,393 square feet. The Zoning Ordinance requires at least 1,000 square feet of lot area per unit of elderly housing. g The lot could support 694 units of housing. At complete build out of all phases of the main campus, 340 total units are proposed. Setbacks. The Zoning Ordinance under the R -B District requires 30 foot front and 'rear yards and 10 foot side yard setbacks. Additionally, one of the conditions for approval of nursing homes and other similar housing requires a doubling of the setback requirements. As such, the front and rear yard setbacks would be 60 feet and the side yards 20 feet. All of the buildings proposed for the main campus would be at least 70 feet from the right -of -way of surrounding streets. A setback of 10 feet is required for all parking areas from the right -of -way. All of the proposed parking areas are at least 20 feet from the adjacent rights -of -way. • The independent living complex will be constructed on the property line adjacent to the City park. As part of the PUD the City can consider a variance p of 20 feet from tY P qty t om the setback requirements for the encroachment on the west property line. If the structure was located in compliance with the westerly side yard requirement, the impacts to the Boutwells Landing townhomes and River Hills neighborhood would be increased. One of the original goals in the main campus development was to move the structure as far west as possible and to step the building heights to minimize the impact on the neighborhood. Therefore, some flexibility to the westerly setback may be appropriate. A zero setback, as proposed, is problematic in terms of access to the area between the southwest and northwest wings of the independent living structure. A zero setback also would impose the full measure of the building's height and mass to the park, which may not be desirable. As such, the building should be located not closer than 10 feet from the westerly property line. The Planning Commission and City Council should review the variance criteria specified in Section 401.04.A to determine the justification for a variance. 3 • • • • Zoning Ordinance Section 401.04.A.5 states that a variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of. special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. • • • 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the . terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Building Height. The Zoning Ordinance specifies a building height maximum of 35 feet in all zoning districts except for the 1, Industrial District (45 foot height requirement). Additionally, Section 401.15.0 of the Zoning Ordinance allows the City to vary from the height standards by CUP for those structures that exceed 45 feet in height or more than five feet from the district requirements. Building heights of the structural elements of the main campus, the independent living structure and the assisted living structure that exceed requirements are proposed as follows: 4 To Midpoint • Main Campus of Gable* To Peak Center Tower Structure 42 feet 50 feet Two Side Towers 50 feet 58 feet • Independent Living 48 feet 9 inches 55 feet Assisted Living 48 feet 9 inches 55 feet * Defined building height in Oak Park Heights Zoning Ordinance /Uniform Building Code. The buildings have been designed such that the highest elements are to the west and center of the main campus with decreasing elevations down to one story for the dementia unit on the east. Review of the conditional use permit criteria specified in Section 401.03.A.7 of.the Zoning .Ordinance is as follows: • a. Relationship to the specific policies and provisions of the municipal Comprehensive Plan. Comment: The project is in conformance with the provisions and policies of the Comprehensive Plan. • b. The conformity with present and future land uses of the area. Comment: The project has been planned as a PUD with particular attention paid to the existing residential neighborhoods and future commercial area to the north. c. The environmental issues and geographic area involved. Comment: The environmental issues have been addressed. d. Whether the use will tend to or actually depreciate the area in which it is proposed. Comment: It is anticipated that the project will enhance the surrounding area. The building heights should not adversely impact the area. e. The impact on character of the surrounding area. Comment: In that those highest elements of the structure are set back from existing and proposed single family neighborhoods, the character will not be impacted. f. The demonstrated need for such use. Comment: VSSA has demonstrated the need for the facility. 5 • g. Traffic generation by the use in relation to the capabilities of streets serving the property. • Comment: The traffic impacts should not have an adverse impact on 58th Street or other local streets. h. The impact upon existing public services and facilities including parks, schools, streets, utilities and the City's service capacity. Comment: The project should not have an adverse effect on existing services and facilities. 1. The proposed use's conformity with all performance standards contained (in the Zoning Ordinance). Comment: • The performance standards and the project's compliance are • reviewed in detail in this planning report. Operations/Traffic. Boutwells Landing is anticipated to have a total of 95 on -site full time equivalent employees. Daytime hours will constitute the peak shift with 40-45 • employees at the main campus. In a later phase, the skilled care will require more around the clock employees. The communal kitchen will be used to re are meals. for P P residents of Boutwells Landing, Lakeview Hospital, Croixdale, and Meals on Wheels. The meal deliveries for the auxiliary sites and programs will be by truck. According to the applicant, the project will have approximately 500 employees at full build out of planned uses. The applicant should provide •additional information regarding the number of employees both by use and by construction phase. Boutwells Landing employees will park in the lot northwest of the main campus. Delivery vehicles will load and unload from the receiving dock on the northeast side of the main campus. All access to the employee parking lots and the loading docks will be off of 58th Street. VSSA anticipates 22 truck deliveries per week with one -third being semi- trailer trucks and the balance smaller delivery or trash trucks. There will also be about 40 visits per day to the offices of the Lakeview Hospital home health care agency located at the lower level of the assisted living facility. Parking. The site plans indicate a total of 269 surface parking stalls and 80 underground garage stalls to be constructed under the independent living building. Of these stalls, the site plans indicate that 294 stalls would be constructed in conjunction with this phase and 55 surface stalls would be held as proof of parking to be constructed with subsequent phases for this facility. The Zoning Ordinance includes parking requirements for the category of sanitariums, convalescent home, rest home, nursing home, or day nurseries; for elderly housing and for offices. The parking requirements for each aspect of project is as follows: 6 • • • Parking Project Requirement Independent Living Elderly Housing - one stall required per unit 106 units x1= 106 Assisted Living • Five spaces plus one for each three beds 108 +3 +5 = 41 Town Center Three spaces plus one space for each 200 SF 27,923 - 10% = 25,131 + 200 + 3 = 129 Total Requirement for Phase 1 • • 276 Parking Provided for Phase 1 294 Skilled Care Five spaces plus one for each three beds 96 +3 +5= 37 Dementia Five spaces plus one for each three beds • 30 +3 +5= 15 Total Requirement for Phases 1 and 2 328 Parking Provided for Phases 1 and 2 349 The plans do not include disability designated stalls. Disability designated stalls will be required on site and should be included on a revised site plan. Boutwells Landing is proposed to have one access to Norwich Parkway on the south side of the site. Two accesses to 58th Street are proposed on the north side of the building. According to the City Engineer, there is insufficient distance between the access points and the 58th Street/Norwich Parkway intersection to allow two accesses. The eastern access point to 58th Street should be eliminated and the western access redesigned such that delivery trucks may circulate into the receiving area. The revised site plan will also need to provide adequate area for tractor trailers to back into the receiving area. Also, the grading plan incorrectly illustrates a previous proposal for one access to 58th Street and one to Norwich Parkway to the east, which should be corrected. 7 • The areas around the parking lots could be enhanced with three to four foot berms between the edge of the Tots and the rights -of -way of Norwich Parkway and 58th Street. Although the parking Tots will be heavily landscaped, the berms will enhance the view of the buildings by reducing the visual impact of the parking areas. Minimum Floor Area. The Zoning Ordinance requires that elderly housing have the .following minimum floor area per unit: Efficiency Units 440 square feet One Bedroom 520 square feet As proposed, the independent living complex will be constructed with at least 725 square feet for the smallest one bedroom unit. Guest rooms will be 319 square feet but are not considered full time living units. The assisted living complex will be efficiency units of at least 495 square feet and one bedroom units of at least 588 square feet. • . Building Design. The Boutwells Landing project would be subject to Design Guidelines requirements in that it is a residential /commercial use within a PUD Zoning District. The buildings, as designed, would meet and exceed the Design Guidelines requirements for new structures. • The building facades will be constructed of three Grade 1 materials including brick, stucco, and glass. Additionally, these materials would comprise more than 65 percent of the building facades. The buildings have good articulation, are highly detailed, and will be constructed with high quality materials. ,The main campus and its resident wings will be architecturally significant and a landmark structure for Oak Park Heights. The plans are not detailed enough to indicate where mechanical. systems will be located. The Design Guidelines require that all roof, wall and ground mounted mechanical equipment be located inside or fully screened. The applicants will also be required to submit building material boards to the City in advance of the Planning Commission and City Council meetings in which the project will be considered. Landscaping. The landscape plans, as submitted, address all of Phase 1. The landscape plans are tied to the tree protection plan in that the amount of landscaping . should determine compliance with the City's Tree Protection Ordinance. The City Arborist shall review and approve all landscape plans. Grading and Drainage. The primary grading and drainage plan for Phase 1 has been approved by the City and much of the grading has been completed. A more detailed grading and drainage plan has been submitted to the City for the main campus. The grading and drainage plans are subject to review and approval of the City Engineer and applicable watershed districts. 8 • Utility Plans. Utility plans for the main campus have been submitted to the City. The City Engineer will review and approve all utility plans for the project. Park Improvements. VSSA has not provided any more detailed site p lans for the park than what had been approved for the concept plan. Details on the park shelter, parking lot, tot lot, wetland bridge and landscaping will need to be discussed: by the . Planning Commission, Parks Commission, ommission, and City Council with VSSA representatives. General plan approvals for the park will not be granted at this time but held until a decision has been made by the City. Sidewalks/Trails. The site plans do not indicate linkages between the main campus sidewalk system and the trail system. These linkages should be ad Y e m e so that reside nts Y 9 do not need to walk through the parking lots to access the trail system. Linkages to the trails from the sidewalks should be made at a minimum on the north side, south side, . and west side of the main.campus. • • Lighting. The lighting plan approvals for Phase 1 have been deferred until this general plan review. The lighting plan indicates the fixtures along the roadways, within the parking lots, on the paths to Autumn Ridge and River Hills and to highlight the entrance signage. Staff has recommended previously that fixtures be included through the park and over the wetland bridge to the parking area and shelter. The Planning Commission, Parks Commission and City Council should determine if lighting is to be located along this path. The proposed fixture style does not provide a full "cut -off' as required by Section 401.15.8.7 of the Zoning Ordinance. The ordinance does allow the City Council to make exceptions to this requirement for architectural /historical light fixtures. Additionally, the City Council can allow the flood lights for signage as proposed for the project. The Planning Commission should recommend and the City Council determine if the proposed light fixture is acceptable. Additionally, the applicant should provide a photometric plan for staff review to assure compliance with the ordinance for glare. Signage. The signage proposed for Boutwells Landing consists of two signs identifying the development, both which are compliant with the City's requirements for monument signage. A "receiving" sign is also proposed for identification purposes and a "Haase Nature Preserve" sign is proposed for the westerly wetland area. These signs are also compliant with the monument signage requirements. The City will need to determine the location of a park sign and if the same type and style of monument will be used. Development Contract. Based upon the plans submitted and the approvals required, any changes required to the development contract should be reviewed by the City Attorney and made concurrent with the motion for approval of this general plan phase. 9 • CONCLUSION AND RECOMMENDATIONS Our office, having completed review of the submitted materials, finds the applicants request for general plan of development of Phase 1, Stage 1 plans; Phase 1, Stage 2 . plans; conditional use permit for building height; and the variance for building setbacks acceptable subject to the conditions found below. The general plan approval of the park • details would not be included at this time, but would require additional staff review and Parks Commission, Planning Commission, and City Council approval at a later date. The approvals are subject to the following conditions: 1. Approval is granted for Phase 1, Stage 1 landscaping, lighting and signage plans; Phase 1, Stage 2 plans (except for park plan); a conditional use permit for building height; and a 10 foot variance for building setbacks. 2. All site plans as incorporated into the October 14, 1999 planning report shall be made a part of the general plan of development approval. 3. • The site plan is revised such that the Boutwells Landing building is set back not less than 10 feet from the west property line. 4. A total of 294 parking stalls including 80 underground garage stalls shall be constructed in conjunction with Phase 1. Fifty -five surface stalls would be held as proof of parking to be constructed with subsequent phases for this facility. 5. A revised site plan shall be submitted with the disability designated stalls as required by the State of Minnesota. 6. The site plan shall be revised to provide only one access 58th Street, subject' to review and approval of the City Engineer. 7. Three to four foot berms shall be constructed and landscaped between the parking Tots and the right -of -way of 58th Street as approved by City staff. 8. Mechanical system plans shall be submitted for review and approval by City staff. 9. Building material boards shall be submitted to the City in advance of the Planning Commission and Council meetings in which the project will be considered. 10. The City Arborist shall review and approve all landscape plans. 11. The grading and drainage plans for the project are subject to review and approval of the City Engineer and applicable watershed districts. 12. The City Engineer shall review and approval all utility plans for the project. io • • • 13. Sidewalk to trail linkages shall be provided at multiple locations from the main • campus as approved by City staff. 14. The Planning Commission and Parks Commission shall recommend and. the City Council shall determine if trail lighting is to be required through the park and over the wetland bridge to the parking area and shelter. 15. The Planning Commission should recommend and the City Council determine if the proposed light fixture and flood lighting is acceptable. • 16. A full photometric plan for site lighting is to be submitted subject to review and approval of City staff. 17. Any changes to the development contract resulting from general plan review • • shall .be subject to , the • City Attorney review, and . approvals shall be made . concurrent with the motion for general plan of development approval of Phase 1. 18. The conditions of approval of the general plan of development approved by the City Council at their April 27, 1999 meeting shall apply to the entire Phase 1 of the Boutwells Landing project. 19. 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