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HomeMy WebLinkAbout2011-043 Council Resolution• • Roeser Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -43 RESOLUTION AUTHORIZING EXECUTION OF MPCA PROPERTY ACCESS AGREEMENT FOR MONITORING WELL WHEREAS, the monitoring well is proposed to be installed on City owned property, and WHEREAS, the City will not incur any costs associated with the construction or monitoring of the well as described in the agreement. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the MPCA Property Access Agreement for a Monitoring Well as described in the attached agreement and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. Ju ian e Bartell, City Jerk Adopted by the Lino Lakes City Council this 11th day of April, 2011. The motio, for the doption of the foregoing resolution was duly seconded by Council Membero Donne d upon vote being taken thereon, the following voted in favor Jeff Rei e ' , Mayor thereof: Roeser, O'Donnell, Rafferty, Gallup, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 1D STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 11, 2011 TOPIC: Resolution No. 11 - 43, Authorizing Execution of MPCA Property Access Agreement for Monitoring Well Vote Required: Simple Majority BACKGROUND: The Minnesota Pollution Control Agency (MPCA) is enhancing its knowledge of groundwater activity by installing monitoring wells throughout the region. They are contacting various municipalities to locate the wells on public property. The wells will allow them to take water samples for analysis. The MPCA has identified a site located on the City property where Well Tower #1 stands. Attached is a location map for the proposed Monitoring Well #73. The well will be about 25 feet in depth. A typical well construction drawing is also attached. The City Attorney has reviewed the agreement and is accepting of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 11 —43, Authorizing Execution of the MPCA Property Access Agreement for a Monitoring Well. • • • • MPCA PROPERTY ACCESS AGREEMENT WITH (Property Owner) 1. Purpose of Agreement. The Minnesota Pollution Control Agency (MPCA) is enhancing its ambient groundwater monitoring network in Minnesota. The attached fact sheet describes this groundwater monitoring network ( "network "), which will help provide information about the quality of Minnesota's groundwater and identify trends in water quality. The MPCA is assessing groundwater in this region. As part of the groundwater assessment, the MPCA is installing wells to obtain water samples for analysis. 2. Parties. This agreement is between the MPCA and (the "Property Owner "), who owns property located at (the "Property") where the MPCA would like to install a monitoring well. The MPCA is authorized to enter any property, public and private, for the purpose of conducting surveys under Minn. Stat. § 115.04, subd. 3. 3. Consent_to access. The "Property Owner" hereby consents to participation in the network and authorizes the MPCA, its employees and agents, to enter the Property for the purpose of: 1) installing a permanent groundwater monitoring well at the location shown on attachment 1; and 2) collecting groundwater samples from the monitoring well according to the schedule set forth below. 4. Notice. The MPCA will notify the Property Owner of the name of the environmental consulting firm that will be managing the monitoring well installation at least two weeks before the installation. 5. Location of well. The MPCA's consultant will coordinate the monitoring well installation with the Property Owner to ensure that a mutually agreeable location on the Property is identified. See the attached "Proposed Well #73" location summary sheet. 6. Permits, required actions. The MPCA will be responsible for obtaining all permits and providing notices to utilities related to the installation. The MPCA's consultant will coordinate all contractors involved in installation, including locating all utilities prior to well installation and completing all Minnesota Department of Health permits required to install the well. 7. Well installation. The Property Owner understands and agrees that the well installation will require three separate site visits. All buried utilities will be located during the first site visit. This will take approximately 1 -2 hours to complete and will be done prior to the well installation. The well will be drilled during second site visit, which will take approximately one working day to complete. The well will be prepared for water sample collection during the final site visit. These preparations involve pumping water from the well and monitoring its quality. These activities will take one -half day to complete and will be performed no sooner than 24 hours after well installation. See the attached "Typical Well Construction" diagram. 8. Sampling; notice of sampling. After installation, the MPCA will sample the monitoring well once a year. Sampling will involve pumping water from the well, collecting field measurements of the water, and collecting samples for later laboratory analysis. Sampling will take between 1 to 2 hours to complete. The MPCA or its consultant will notify the Property Owner at least 48 hours before entering the Property for the purpose of well installation or sampling. 9. Hours of work. All work under this access agreement will be conducted during regular business hours (8:00 AM to 5:00 PM) unless the MPCA or its consultant receives written permission by the owner or his/her agent to conduct work during different hours. • • 10. Disturbance of property. The well installation and sampling will be performed by the MPCA in a manner which minimizes interference with the Property Owner's use of the Property. If the MPCA's activities disturb any portion of the Property, the MPCA will restore the property to as close to its original condition as is reasonably possible under the circumstances. 11. Property Owner responsibilities. The Property Owner agrees to take reasonable precautions to insure that the equipment of the MPCA or its agents that is located on the Property, and any monitoring wells that are located on the Property, are not damaged and that the work being conducted by the MPCA, its employees and agents is not disrupted. 12. Sampling results. Upon request, the MPCA shall provide copies of the results of all sampling conducted on the Property to the Property Owner after test validations. The data collected from the monitoring well on the Property will be public information. 13. Liability. The MPCA will be liable for injury to or loss of property or personal injury or death caused by any act or omission of any employee of the State of Minnesota in the performance of the work described above, under circumstances where the State of Minnesota, if a private person, would be liable to the claimant, in accordance with Minn. Stat. § 3.736. 14. Termination. This monitoring well is part of a network designed to provide long -term information about Minnesota's groundwater quality. It is the MPCA's intention to maintain this monitoring well and to monitor it indefinitely. This agreement, however, can be terminated by either party (MPCA or Property Owner) with 60 days written notice to the other party. The Property Owner understands that, should either party decide to terminate this agreement, state law requires proper closure of the well. The MPCA will be responsible for all costs and activities associated with closure of the monitoring well. The Property Owner agrees and understands that, to close the well, it will be necessary to provide access to the MPCA for the purpose of well closure, and the Property Owner hereby agrees to provide that access, conditioned only on 48 hours written notice. 15. Sale of Property. If the Property Owner sells the Property, the Property Owner agrees that it shall notify the buyer of this access agreement and provide the MPCA with notice and an opportunity to reach agreement with the buyer under which continued access for sampling will be allowed. MINNESOTA POLLUTION CONTROL AGENCY MAYOR Glenn Skuta Signature Manager, Water Monitoring Section Date: Date: Attachments: Proposed Well #73 Location Summary Sheet Typical Well Construction Diagram CITY CLERK Signature Date: Ambient Groundwater Quality Monitoring Minnesota Pollution Control Agency Ms. Sharon Kroening PROPOSED WELL #73 COUNTY: Anoka LOCATION: 7470 4`h Avenue Lino Lakes, MN LATITUDE: - 93.122333 LONGITUDE: 45.175839 DESIRED LAND USE: Commercial / Industrial {r H) January 25, 2011 Proposed Well Location #73 Photograph looking N from Apollo Drive at the proposed well location in the S portion of the parcel Current Land Use: The proposed well location is on a vacant parcel that contains a storm water pond in the northern portion and a water tower in the central portion. The storm water pond is approximately 600 feet north of the proposed well location. The proposed well is in the southern portion of the parcel, just off Apollo Drive. The land use within 500 meters of the well location is approximately 80% commercial / industrial, 10% vacant land and 10% highway right of way and school property. Hydrogeology: • Surface Elevation: 900 ft • Soil Type: Very Fine to Medium Sand • Glacial Setting: Grantsburg Sublobe • Sediment Type: Calcareous • Groundwater Elevation/Depth: 888 ft /12 ft bgs • Groundwater Flow: South • Bedrock Formation: Jordan Sandstone • Bedrock Elevation /Depth: 650 ft / 250 ft bgs Property Owner: City of Lino Lakes Property Accessibility: The proposed well location is easily accessible from Apollo Drive. Comments: • Access agreement pending • Well Location on edge of bedrock valley Prepared by: Peer Engineering, Inc. Proposed Well Location #73 Photograph looking W along Apollo Drive at the proposed well location Project # 20607 6 INCH I.D. SCH 40 STEEL OUTER CASING 2 2 FT LOCKING COVER 1 T 4 IN. DIA. SCH 40 STEEL GUARD POSTS (3 IF REQUIRED) T CONCRETE 2 FT 2 =T 4 FT NEAT CEMENT GROUT 2 INCH I.D. SCH 40 FLUSH THREADED PVC WELL CASING BENTONITE SEAL (1 FT THICK) 2 INCH I.D., NO. 10 SLOT, FLUSH THREADED, PVC VEE -WIRE SCREEN (OR APPROVED EQUIVALENT) 1 FT +1- VARIES 3 FT +1- 10 FT #40 RED FLINT FILTER PACK Monitoring Well.dwg 1 FT 8 1/4 IN. DIA BOREHOLE TYPICAL WELL CONSTRUCTION PROJECT #: 20607 AMBIENT GROUNDWATER QUALITY MONITORING NETWORK TWIN CITIES METRO AREA JAN 2011 FIGURE 2