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HomeMy WebLinkAbout20100216 - VI-06MEMO To Honorable Mayor and City Council From: Tom Montgomery Date: February g, 2010 Re: Approve Joint Powers Agreement with Dakota County for Hastings Well Sealing Initiative Council is requested to approve the enclosed joint powers agreement with Dakota County to support the County's well sealing initiative in the City of Hastings. Dakota County has received a Clean Water Partnership grant from the MPCA that is targeted towards sealing unused wells in Hastings. Under the County's well sealing initiative, the County would pay 50% of the cost of sealing a well up to a $1,000 maximum. The County would also waive well sealing permit fees. The City is asked to provide the well owner an additional $1oo grant. Under the well sealing initiative, Dakota County is also proposing to provide 50% of the cost to locate and seal the City's original 19 o 6 well up to a maximum of $5,400. The original well is located in Levee Park, just west of the bottom of the stairs that lead up to Sibley Street. The City is under a mandate from the Minnesota Department of Health to locate and seal this well. The City's $10o matching grant is proposed to be funded from the Water fund. -� CITYOF HASTINGS Dakota County Contract #11 648 JOINT POWERS AGREEMENT EEMENT BETWEEN DAKOTA COUNTY AND THE CITY of HASTINGS FOR HASTINGS WELL SEALING INITIATIVE WHEREAS, Minn. Stat. § 471.69 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, , Dakota County (COUNTY) is a political subdivision of the State of Minnesota; and WHEREAS, , the City of Hastings (CITY) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, EAS, by Resolution No. 98-680 (November 17, 1998), the Dakota County Board of Commissioners granted authorization for the Physical Development Director to apply for and accept a Minnesota Pollution control Agency (MPCA Clean Water Partnership grant in the amount of $76,090 to conduct the Phase I Hastings Area Nitrate Study HANS , which determined that nitrate and pesticide contamination are impacting domestic and municipal water supplies in the eastern portion of the COUNTY; and WHEREAS, by Resolution No. 05-39 (January , .2005 ), the Dakota county Board of Commissioners granted authorization for the Physical Development Director to accept an EPA Section 319 Grant in the amount of $19'1,639, which together with the required local snatching funds, resulted in a total three -year project budget of $485,839 to conduct a Phase 11 Hastings Area Nitrate Study; and WHEREAS, the COUNTY completed the EPA Section 319 Phase Ii Hastings Area Nitrate Study on September 30, 2008, working with the University of Minnesota Extension, the farming community of eastern Dakota County, and other project partners to conduct local research and provide outreach on appropriate nitrogen fertilizer rates and other practices to reduce groundwater contamination; and WHEREAS, , b Resolution No. 08-245 (May 20, 2008) the Dakota County Board of commissioners granted authorization for the Physical Development Director to apply for a MPCA Clean Water Partnership continuation Grant to continue and expand these activities; and WHEREAS, , the M.PCA awarded the COUNTY a clean Water Partnership Continuation Grant and it is the goal of this Pease I II Hastings Area Nitrate continuation study to enhance and protect drinking water supplies by implementing water quality improvement ement activities identified in the Phase I Study and initiated in Phase Ilk and WHEREAS, an unsealed, unused well is a potential threat to the ITY's drinking water supply because it has the ability to provide a direct connection between contamination at that surface and the groundwater; and WHEREAS well sealing is a high priority for the COUNTY, the CITY and the Minnesota Department of Health; and WHEREAS, one of the program elements identified by the COUNTY in the Continuation Grant work plan and approved by the MPCA is the Hastings Well Sealing Initiative as further described in this Agreement. NOW, THEREFORE, E, ire consideration of the mutual promises and benefits that the COUNTY and the CITY shall derive from this Agreement, the COUNTY and the CITY hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the COUNTY and the CITY for the implementation, cost sharing and oversight of the Hastings Well Sealing Initiative. ARTICLE PARTIES The parties to this Agreement are Dakota County, Minnesota (COUNTY) and the City of Hastings, Minnesota (CITY). ARTICLE TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until ,dune 3 0 2011 or until completion by the parties of their respective obligations under this Agr event, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION ATIOI The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely ,Wanner. ARTICLE OBLIGATIONS OF PARTIES .1 PRIVATE WELL SEALII. 51.1. Funding Amount - Provided .. by COUNTY. The COUNTY shall provide grant funding in an amount not to exceed $26,500.00 to be utilized to provide financial incentives to private well owners to have their unused wells sealed in accordance with all applicable laws, rules, and ordinances; and subject to the following requi-rements and /or limitations: • Only private wells located in the corporate CITY limits shall qualify for this grant funding. • Any grant funding provided by the COUNTY to a private well owner under the terms of this Agreement shall be Iirnited to the sum of $1 or 50 % of the. total amount of the incurred well sealing costs, whichever is less. 5.1.2 Funding Provided by_CIT ! . If the COUNTY awards grant funding to a private well owner pursuant to this Agreement, the CITY shall provide the private well owner an additional grant in the annount of $'100.00. 5.1.3 Grant Procedure. The COUNTY shall establish a grant application and approval procedure. At a minimum, the procedure shall require the following: • - Private well owners seeking grant funding must apply for said funding on forms provided by the COUNTY. • with the application, the private well owner must: 1 confirm that there are no well and boring sealing records for the well; 2 confirm that the well is located in the corporate limits of the CITY; and 3 submit a minimum of two written cost estimates from well sealing contractors to have the subject well sealed. • The COUNTY will review the grant application and submissions. If the grant is approved, the COUNTY shall notify the grantee and the CITY of said approval, • If grant funding is approved, the private well owner must execute a grant agreement with the COUNTY and the CITY. • The grant funding will be provided to the grantee on a reimbursement basis after it has been established to the satisfaction of the COUNTY and the CITY that the well has been appropriately sealed and the grantee has submitted proof of payment to the well sealing contractor. 5.1. Waiver of Well Sealinq Fee If the COUNTY awards a grant to a private well owner under the terms of this Agreement and the individual seals the well in accordance with the grant agreement required by Section 5.1.3 above, the COUNTY will waive the COUNTY well sealing permit fee. 5.1. I rogram Promotion The COUNTY and the CITY shall work cooperatively to promote the Hastings Well Sealing Initiative. 2 6.1.6 Prioritization of Fundin If the number of eligible grant applications exceeds the funding available under this Agreement, the CO UNTY and the CITY shall worm cooperatively to rank the applications tatting into consideration: 'i the location of the wells, with priority given to those located within a Drinking ing Water Source Mahagernent Area; 2 well construction; geology; and ( other environmental concerns. 6.1. 7 right to Refuse e Payment The COUNTY may refuse to pay any claim to a grantee that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the COUNTY from questioning the propriety of the claim. The COUNTY reserves the right to offset any overpayment or disa of claim by reducing future payments. . INVESTIGATION AND SEALING of WELLS ON CITY OWNED PROPERTY. 5.2.1 Funding and Services Provided by COUNTY The COUNTY will provide to the CITY technical assistance and partial funding of any costs incurred by the CITY for the investigation and sealing of any unused wells located on CITY owned property, Funding provided under this Section 5.2.1 shall not exceed $6,400.66 or 0% of the actual costs incurred by the CITY for said investigation and sealing, whichever is less. 5.2.2 Payment by UNTY The COUNTY shall matte payment to the CITY within 45 days following the receipt of an invoice from the CITY. The CITY shall include with the invoice proof of the costs incurred by the -CITY for the investigation 2nd sealing of any unused wells located on CITY owned property. 5.2.3 Well Priority In utilizing the funding provided for in Section 6.2.1, the CITY shall give highest priority to locating and sealing the ITY's original municipal well, located in the levee between the old Spiral Bridge location and the current Highway 61 bridge location. 5.2.4 fight to Refuse Payment The COUNTY may refuse to pay any claim to the CITY that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the COUNTY from questioning the propriety of the claim. The COUNTY reserves the right to offset any overpayment or disallowance of .claim by reducing future payments. ARTICLE INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the tent authorized by law and shall not be responsible for the vets of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the COUNTY and the CITY. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE REPORTING, CC UNTIN AND AUDITING REQUIREMENTS UII EMENTS 7.1 ACCOUNTING AND RECORDS. D . The parties agree to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be Dept and maintained by the parties for a minimum period of sic years following the expiration of this Agreement. 7.2 AUDITING. The boobs, records docurrents and accounting procedures and practices of the parties that are relevant to this Agreement are subject to examination by the other party and the State Auditor for a minimum of six years following the expiration of this Agreement. 7.3 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: To THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple V alley, MN 55124 To THE CITY: Paul ]--licks or successor, Mayor Hastings city Hall 1014 t s St. E. Hastings, MN 55033 In addition, notification to the COUNTY regarding - termination of this Agreement by the other party shall be provided to the office of the Dakota county Attorney, 1560 Highway 55, Hastings, Minnesota 55033. 7.4 LIAISONS. To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the COUNTY and the CITY. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: COUNTY Liaison: gill Trescott -Telephone: (052) 891-7019 jill.trescott@co.dakot@.mn.us CITY Liaison: Tom Montgomery Telephone: (651) 480 -6188 tmontgomery @ci, hasti ngs. mn. us ARTICLE MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by the Authorized representatives of the COUNTY and the CITY. ARTICLE TERMINATION 9.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by guying 30 days' written notice, of its intent to terrninate,_ to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified rail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 9.2 TERMINATION BY COUNTY FOR LACK of FUNDING. Not withstanding any provision of this Agreement to the contrary, the COUNTY may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or ether funding source, or if it's funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination seat by the COUNTY to the CITY by facsimile is sufficient notice under this section. The COUNTY is not obligated to pay for are y services that are provided after written notice of termination for lack of funding. The COUNTY will not be assessed any penalty or damages if the Agreement is terminated due to lacy of funding. ARTICLE '1 MINNESOTA LAIN To GOVER This Agreement shall be governed by and construed In accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of lags. All proceedings related to this Agreement shall be v nued in the State of Minnesota. ARTICLE 11 MERGER This Agreement is the final expression of the agreement of the parties and the com plete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. ARTICLE 1 SEVERAILITY The provisions of this Agreement shall be deemed severable. if any part of this Agreement is rendered gold, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement un - less the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below. A PPROVED AS TO FORM: al", 1a�aoto A sistant County Attor ey /Da #e K -09 -344 County Board Res. No. 10- DAKOTA COUNTY M Lynn Thompson, Director Physical Development Division Date of Signature: CITY of HASTINGS E ■ , , , , . i Paul Hicks, Ma or 4 Date of S B DID i i � • i _.._ City Clerk Date of Signature: 64 MiNNESOra i DEPARiMEHToF HEALTH Protecting, m ain ta ining and improving the health ofall 1 esotans January , 2010 Mr. 'Torn Montgomery, Public Works Direetor City of Hastings 1225 Progress Drive Hastings, Minnesota 55033 Dear Mr. Montgomery: Subject: Abandoned Water-Supply Well, Original Hastings Municipal Water-Supply Nell, Located in Levee Pa astir s Dakota County, Minnesota ._ This letter follows up on an inspection that 1 made with Mr. Jeff Luehrs and Ms. Vanessa Demuth with the Dakota County Environmental Management Department; and Mr. Mark Peine w ith the City of Hastings Public Works Department, on May 5 2009, to search for the location of the original Hastings municipal water - supply well. Our records indicate that the well was taken out of service in the early 1 due to bacterial contamination problems. Our records do not indicate that the well has been properly sealed in accordance with Minnesota statutes and rules. Minnesota Department of Health T�MH water-supply en reports dating back to April 10, 1917, indicate that the well is 475 feet deep and was located in a well pit in a pump house near the Mississippi River at the north end of Sibley Street in Hastings, Minnesota. Several fire insurance maps obtained by the Dakota County Environmental Management Department, dating back to 1910, indicate the presence of a city pumphouse7well with a Denning 50 0 gallon per minute pump, in this location as well. 'Appro 90,000 gallons of water* were pumped from the well each day. The reports also indicate that "The drinking water taps on two coaches of the Chicago, Milwaul ee and St. Paul Railway Company are said _to be filled - daily from this supply.f' O n May 5, 2009, we searched in Levee Park for the well with a magnetometer. We located a very high magnetic anomaly neap a tree in the grassy area djaeent to the paved trail. An excavator was on the site May 5, 2009, and did some preliminary digging and found two railroad track mils embedded in concrete in this location. I informed lair. Mark Peine that the concrete and steel rails would have to he removed so that we could do further investigation to pinpoint the location of the well. Mr. Peirce planned on making arrangements t have the concrete and 1 '-ails removed after a summer festival. I have been notified that the concrete and grails have not been removed f the property yet. General I 651 - 201 - 5000 • To 888 - 34 -0823 • 'TTY- 651 - 201 - 5797 a www. .hcalth.state. Inn.us An e oppor ealoyer M •% Torn Montgomery, Public Works Director Page 2 January 8, 2010 Minnesota Statutes, Chapter 1031, establishes the basic requirements for the construction, repair, and permanent sealing of wells in Minnesota. Chapter 1031 regUires that the owner of property on which a well is located, must have the well sealed if: 1. The well is contaminated; 2. The well was sealed in a manner that violates state requirements; 3. The well is located, constructed, or maintained in a manner such that its continued use or existence endangers the groundwater~ quality or is a safety or health hazard; or 4. The well is not in use and does not have a maintenance permit. The well on your property is not in rase; it is cut off and buried; it is not sealed in accordance with state requirements; and it may pose significant fisk to public health, safety, and groundwater quality. The well is not in compliance with Minnesota Statutes, Chapter 1031. You have three options to choose from to bring the well into compliance with Minnesota statutes and rules. You may: I. Have the well repaired and placed back into service; 2. Have the well permanently sealed. by a Minnesota licensed well contractor or a licensed well sealing contractor; or 3. Apply for, and obtain, a well maintenance per .it for the well from the NMH. The annual fee for a maintenance permit is $175. Maintenance permit applications are available from the NM H. Unsealed, abandoned wells are a threat to groundwater quality and other water - supply wells, and in some cases can be a potential safety hazard for children and animals. Unsealed, abandoned wells are also a potential liability for the property owner. A well owner may be held legally liable if an unsealed well is a source or cause of groundwater contamination. A well owner is not liable for contamination of groundwater through a well after the well has been permanently sealed by a licensed contractor and the seal has not been disturbed. Ms. Jill Treseott, with the Dakota County Environmental Management Department, has informed me that the city of Hastings ma be eligible for limited well sealing matching grant money for this well. Please contact Ms. Trescott regarding these funds, as I believe they are available on a first cone, first served basis, through the end of this fiscal year, which ends on June 30, 2010. Mar. Torn Montgomery, Public Worts Director Page January 8, 2010 We recognize that this is a large project and that it may reed to be conducted in stages. We request that you begin work to locate, secure, and determine the condition of the well. Dace located, you must have a Minnesota licensed well contractor extend the well easing to comply with Minnesota Rules, part 4725.4350 (which addresses well easing height requirements in flood areas,) A complying well cap must also be installed on the well. Please have this work completed by February 19, 2010. After the well has been located, extended, and fitted with a sanitary cap, we can discuss a schedule to proceed and clear the well and prepare it for proper sealing. Please be advised that all work on the well .must be pei ormed by a Minnesota licensed well contractor or a licensed well sealing contractor. 'lease notify me of your intentions for the well so that I may male arrangements for inspection when it is repaired or sealed. If your have any q uestions, need assistance locating the buried well, of if you believe that our information is incorrect or incomplete, please contact me at 651/643-2110. Sincerely' Patrick T. Sarafole n, Hydrologist Well Management Section P.O.1 ox 64975 St. Paul, Minnesota 55164-0975 PTS:mj cc: M-ark Peine, City of Hastings Jeff Luehrs, Dakota County Environmental Management Department Jill Tres ott, Dakota County Environmental Management Department