02/10/2004 - City Council Public Works CommitteePUBLIC WORKS COMMITTEE MEETING
4:00 PM
February 10, 2004
AGENDA
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I. Overview by City Administrator (4:00)
• Previous Direction
�• Progress -to -Date,,
• Committee Preferences
Reactions .of Jay Riggs,
s,
Dakota County Urban Conservationist
Other options to consider
• Long-range view
• How to address Fish Lake in the near-term
• (Note: Mr. Riggs has been copied on the same
committee packet and is responding to it and
committee questions, but has no formal
presentation.)
III. Summary of national experts (4:25)
suggestions
q Eric Macbeth
IV. Questions & Discussion
V. Suggestions/Alternatives
on How to Proceed
VI. Adjournment (5:15 PM)
D
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TO:
FROM:
DATE:
SUBJECT:
MEMO
City of Eagan
CITY ADMINISTRATOR HEDGES
ERIC MACBETH, WATER RESOURCES COORDINATOR
FEBRUARY 6, 2004
FEBRUARY 10 PUBLIC WORKS MEETING
Per the request of the Public Works Committee at the January 27 Committee meeting, the
following items are included for the Committee's discussion for the February 10 meeting:
1. Enclosed on pages 2 through 5 is a summary memo entitled "Fish Lake
Phosphorus Reduction Options Executive Summary"
2. Enclosed on page u- is a matrix entitled "Phosphorus Removal Options and
Costs Matrix".
3. Enclosed on page 9 is a document entitled "Top Options and Cost Analysis"
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Enclosed on page -%— is a matrix showing other water treatment options.
Enclosed on page 9 is a summary of the State phosphorus law passed in 2002.
Enclosed on page 10 is an update on the JP -47 sludge removal.
Enclosed on page AV— is information regarding the potential basin that would be
needed for alum sediment storage.
*"The Public Works Committee will be receiving the following information in the
Additional Information packet on Monday, February 9:
1. A response to Councilmember Maguire's e-mail on January 27, 2004.
2. A breakdown/summary of the 1994 Diagnostic/Feasibility Study of Fish Lake.
c /s/ Eric Macbeth
Co,ryWater Resources Coordinator
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TO:
FROM:
DATE:
SUBJECT:
City of Eagan
PUBLIC WORKS COMMITTEE
CITY ADMINISTRATOR HEDGES
ERIC MACBETH
WATER RESOURCES COORDINATOR
FEBRUARY 3, 2004
FISH LAKE PHOSHORUS REDUCTION OPTIONS
EXECUTIVE SUMMARY
at 0.1
FACTS/EFFECTS OF PHOSPHORUS:
• Excessive phosphorus in lakes and ponds significantly degrades water quality, increasing
nuisance growth of algae, decreasing water clarity, and increasing the potential of fish
kills.
• One pound of phosphorus in water can grow up to 500 pounds of algae.
• Soil tests in the Twin Cities area conclude that most lawns have naturally sufficient
phosphorus levels without adding phosphorus fertilizers.
• Suburban growth communities are particularly susceptible to increased phosphorus levels
in water bodies. Pavement connected to storm drains connected to lakes and ponds
transports stormwater that contains pollutants such as fertilizers, pesticides, oils, and salts
into water bodies.
• The City of Eagan was one of the first cities in Minnesota to institute a water quality
management program in 1990 to address State concerns about storm water reaching the
Minnesota River.
• In a 1991 community -wide survey, more than 60% of residents expressed concerns about
algae growth overtaking lakes and ponds in Eagan.
• 3 out of 4 residents surveyed wanted more information about what they could do to
preserve water quality.
• Effective January 1, 2004, State law preempts local regulation of application and use of
fertilizers.
• Local regulation is allowed of how fertilizer may be sold or displayed. Eagan requires
non -phosphorus fertilizer be offered and signage indicating consumers have a choice.
CITY LAKE WATER QUALITY, STORMWATER AND OTHER GOALS
➢ In 1990, the City of Eagan established management criteria for Class I water bodies
having to do with the Direct Contact Recreation (or swimming potential) of these lakes.
There are 7 Class I guided lakes in Eagan, only one of which is currently meeting
phosphorus level goals. Other goals include:
➢ Reducing levels of phosphorus and other pollutants harmful to water bodies;
7
Fish Lake Executive Summary
February 10, 2004
➢ Specific to Fish Lake, lowering total phosphorus entering the lake to 250-315 pounds a
year. Currently, storm water delivers about 540 pounds of phosphorus a year to Fish
Lake;
➢ Handling storm runoff to avoid flooding of 2002;
➢ Complying with all state and federal water quality mandates;
➢ Ensuring continued public access to and enjoyment of major Eagan water bodies.
HISTORY OF FISH LAKE PROJECT
• The estimated parts -per -billion of phosphorus in Fish Lake jumped some 5 times from
1970 to 1980 and though it receded somewhat in the mid-1990s, the phosphorus level did
not drop significantly until the alum dosing experiment from 1998 to 2000.
• In 1995, 10 phosphorus management strategies received final consideration by the City
and 6 were actually implemented, concentrating on reducing the external sources of
phosphorus entering Fish Lake. (Internal sources of phosphorus were only 17% of the
problem).
• To date, implemented solutions include: 1) priority street sweeping, 2) in-line alum
treatment of stormwater inflow, 3) lawn chemical regulations, 4) removing lake weeds, 5)
public education, and 6) long-term monitoring.
• The Fish Lake alum dosing experiment was discontinued in 2001 with the City having
learned that the phosphorus goal (40-50% reduction) is realistic and achievable.
• Since 2001, the total phosphorus level has nearly returned to pre-treatment levels, making
the lake more like a Class III than a Class I water body.
• Currently, reduction of the phosphorus load has dropped to 21%, according to 2003 data.
ISSUES WITH ALUM DOSING
• When alum sludge is exposed to the air, such as in dry conditions, it can create an odor.
• Alum dosing in 1998-2000 created about 2,600 cubic yards of wet sludge in JP -47, which
will cost nearly $200K to remove by the end of Spring, 2004. If a new settling basin is
constructed, 6,500 to 8,100 cubic yards of sludge could accumulate before removal every
4 to 6 years.
• Impact to neighbors' land, particularly if new settling basin is constructed.
• Perception that adding a chemical to treat a lake is not environmentally sound.
ALTERNATIVES see matrix)
• Construct Rain Water Gardens, which retain and filter storm water runoff before it gets
into lakes.
• Disconnect Fish Lake from the main storm sewer system by creating a bypass.
• Treat with a different chemical agent.
• Rain barrel collections.
• Greater educational efforts.
• Try several strategies in combination.
• NOTE: Local and national experts (listed below in the summary) were recently contacted
about options Eagan is considering and others it should be considering. In general, they
recognized the urban environmental challenge the City faces, and acknowledged alum
dosing as an effective short-term solution. They offered a handful of other long-term
Fish Lake Executive Summary
February 10, 2004
strategies including using more porous pavement materials that allow water to move
through to the ground. Those are listed and defined on the options and cost matrix.
• Do nothing and downgrade classification from Class I to Class II or Class III.
ANALYSIS OF ALTERNATIVES see matrix and top options pagLsl
Based on assumptions of the Madison, Wisconsin scientific modeling, it would take
approximately 10,000 rain water gardens, covering a total of 45 acres and costing about
$30 million, to achieve desired City goals on Fish Lake. Construction cost estimates are
based on actual unit costs for the much smaller Burnsville pilot project.
❖ Rainwater gardens and greater public educational efforts can be part of the mix of
solutions, along with street sweeping, but it is unreasonable to expect—in the short
term—that members of the public will ever be 100% compliant with the ban of lawn
phosphorus application while phosphorus fertilizer can legally be sold on the market.
Furthermore, scientific modeling suggests that 100% compliance alone (without a mix of
alternatives) would not meet the total phosphorus reduction goals.
❖ Until different technology comes along, in the short-term, most experts agree that no
solution or mix of solutions will achieve Eagan's phosphorus reduction goals unless the
solution includes alum dosing. Indeed, alum dosing, combined with street sweeping are
the only options which meet the reduction goals, have the lowest cost per pound of
phosphorus removed and have the lowest costs over 20 years.
❖ This does not mean, however, that Eagan couldn't divide its approach into short-term
solutions to preserve the lake quality while developing a comprehensive study and
community dialogue to determine what the next generation of storm water management
practices should be.
❖ Doing nothing will result in more algae plumes of a bluish/greenish nature, less water
clarity, more plant growth, more down stream problems, and possible algae toxicity.
Though rare, fish kills and animal deaths have been associated with such toxicity.
OPTIONS AVAILABLE TO THE PUBLIC WORKS COMMITTEE AND THE CITY
COUNCIL
• Continue targeted street sweeping efforts.
• Authorize a more tightly calibrated short-term alum dosing program for the next _ years
[Council to decide number of years] to preserve and enhance water quality on Fish Lake
while simultaneously engaging in a comprehensive study of current and emerging storm
water management solutions, engaging in public dialogue and feedback to a long-range plan
for Eagan lakes, and developing enhanced educational efforts to inform the public of the
harmful effects of excessive phosphorus in Eagan lakes and ponds.
• Come back to the City Council with the results of the Burnsville pilot project studying
rainwater garden filtration and suggest appropriate ways these and other water collection
strategies might be used to preserve and protect water quality in Eagan and what the grant
opportunities might be to pursue such strategies.
• Ask the Minnesota legislature to ban the sale of fertilizer containing phosphorus statewide.
• Ask the League of Minnesota Cities in concert with other organizations to encourage the
lawn care industry to develop more environmentally sensitive products
4
Fish Lake Executive Summary
February 10, 2004
• Combinations of the above -listed alternatives and other strategies the Committee wishes to
consider.
COSTS
• The most cost-effective solutions appear to be expanding existing ponds, street sweeping, and
alum dosing, or some combination thereof.
• Rainwater gardens can be part of the solution, but in and of themselves do not meet reduction
goals or affordability goals.
• None of the options with the lowest total costs will meet the phosphorus reduction goals, so
any solution may be expensive.
• See Top Options page and Options and Costs Matrix page.
SOURCE OF FUNDING
• Funds from the Water Quality Cash Dedication Account would cover the onetime
construction costs of an expanded basin and sludge removal costs.
Note: Land acquisition costs are not included in current estimates for a new settling basin.
Operational costs to monitor Fish Lake and to purchase alum are covered by the existing
water quality program budget through the Storm Water Utility Fee.
Any long-term study should take into account new federal requirements associated with the
Storm Water Pollution Prevention Plans and whether current storm water utility fees are
sufficient to keep pace with those requirements.
SUMMARY
Data and analyses to which this executive summary refers come from more than 350 hours of
scientific research by City professional staff as well as from inquiries with other experts in the
field. Water Resources staff has consulted with the following local and national experts: 1) Cliff
Aichinger, Ramsey -Washington Metro Watershed District, Maplewood, MN (operator of
Tanner's Lake alum dosing project); 2) Roger Bannerman, Wisconsin DNR, Madison, WI
(regional expert in watershed modeling studies); 3) Joe Berns, Barr Engineering, Edina, MN
(Eagan's engineering consultant and local expert in inactivation of phosphorus by alum); 4) Dr.
Robert Carlson, Kent State University, Kent, OH (developer of well-known Trophic State Index
the City uses and nationally recognized expert in lake ecology); 5) Steve McComas, Blue Water
Science, St. Paul, MN (regionally recognized expert in lake management); 6) Jay Riggs, Dakota
County Soil and Water Conservation District, Farmington, MN (local expert in low -impact
development and best management practices); 7) Tom Schueler, Center for Watershed
Protection, Ellicot City, MD (nationally recognized expert in watershed management); and 8) Dr.
Ken Wagner, ENSR International, Willington, CT (nationally recognized lake management
specialist). As with any research effort, outcomes depend on the assumptions used, which are far
too many to enumerate. Every effort has been made to tie conclusions to known costs, historical
data, and current modeling capabilities.
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TOP OPTIONS TO REMOVE THE MOST PHOSPHORUS
AND MEET REDUCTION GOALS
A-ccor-ding-to-Madison,-KLScientific Modeling
1. Alum dosing combined with street sweeping and assuming total compliance with
no phosphorus fertilizer being applied within the city.
2. Combined pond expansion and rainwater garden construction strategy.
3. Alum dosing combined with assuming no phosphorus fertilizer applied in city.
4. Rainwater gardens constructed
5. Alum dosing alone
6. Multiple Chamber Treatment Tank strategy
OPTIONS WITH LOWEST TOTAL COSTS
(OVER 20 YEARS)*
1. Bypass JP -15**
2. Seal lake sediment (Sediment Sealing)*
3. Expand Existing Ponds**
4. Street Sweeping alone**
LOWEST COST PER POUND OF PHOSPHORUS REMOVED
TOP FIVE ALTERNATIVES*
1. Expand Existing Ponds**
2. Bypass JP -15**
3. Street Sweeping*
4. Sediment Sealing*
5. Alum Dosing
LOWEST ANNUAL COSTS
(OVER 20 YEARS)*
1. Expand Existing Ponds**
2. Street Sweeping*
3. Alum Dosing
OPTIONS WHICH MEET PHOSPHORUS REDUCTION GOALS
AND HAVE LOWEST TOTAL COSTS PER POUND
AND LOWEST COSTS OVER 20 YEARS*
1. Alum dosing combined with street sweeping
*Does not include no phosphorus fertilizer/total local compliance assumptions.
**Option that by itself does not meet reductions goals.
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SUMMARY OF STATE PHOSPHORUS LAWN FERTILIZER LAW
(Minn. Stats. Ch. 18C, "Fertilizer, Soil Amendment, and Plant Amendment Law")
PE-EM-P-T-1ON-0-F—L- OCA-L�,AWw
Effective April 20, 2002:
Local units of government (LUGS) may not adopt or enforce ordinances regulating the sale; handling, or
use of phosphorus fertilizers for agricultural use.
Effective January 1, 2004:
LUGS may not adopt or enforce ordinances, other than those provided for in law, regulating the sale,
handling, or use of phosphorus fertilizers on lawns. This nreemnts City Code Sec. 6.48, the licensing of
commercial turf fertilizer applicators. However, the law allows City Code Sec. 6.5 1, which regulates
commercial sale or display of any lawn fertilizer, to stay in effect after January 1, 2004 because it was
adopted by the August 1, 2002 deadline.
FERTILIZER APPLICATION TO IMPERVIOUS SURFACES
Effective August 1, 2002:
It is prohibited to spill or spread fertilizer on impervious surfaces. Such spills must be cleaned up
immediately. This applies to all fertilizers, whether or not they contain phosphorus.
PHOSPHORUS LAWN FERTILIZER USERESTRICTIONS
Effective January 1, 2004:
In the 7 -county Twin Cities metropolitan area, lawn fertilizer is restricted to 0% phosphate content
(3% phosphate content in other areas of the state) unless it is for a new lawn. If a soil test shows a need
for phosphorus, lawn fertilizers with higher phosphate content can be used. [Note: The phosphorus
content of fertilizer is measured as phosphate (P205).]
Golf course employees that have been trained in a program approved by the MN Department of
Agriculture (MDA) can use phosphorus fertilizer according to their professional judgment. When applied,
phosphorus lawn fertilizer needs to follow rates recommended by the University of Minnesota and
approved by the MDA.
RESEARCH EVALUATION
Evaluation of research needs to be done by the MDA in cooperation with the University of Minnesota and
in consultation with fertilizer industry, lakes groups, and others. A report on the effectiveness of the
phosphorus law is due to the legislature by January 15, 2007.
ENFORCEMENT
Restrictions and prohibitions in this law may be enforced by local units of government under their
existing authority. Violations are a petty misdemeanor.
THE BOTTOM LINE—REGULATORY AUTHORITY THE CITY NOW HAS
• Regulation of commercial sale or display of any lawn fertilizer (local code)
Prohibition to spill or spread fertilizer on impervious surfaces (state law)
• 0% phosphate restriction in lawn fertilizer (state law)
Enforcement authority of restrictions and prohibitions of state phosphorus lawn fertilizer law
r,
JP -47 SLUDGE REMOVAL UPDATE
Contract Awarded: 2/3/04
Cost: $197,600
Contractor: Veit & Company, Rogers, MN
Contract Signing:
Pre -Construction Meeting:
Notice to Neighbors:
Work Begins:
Construction Hours
Anticipated Completion Date:
Week of February 9, 2004
Same
Same
As early as week of February 16
7:00 a.m. -10 p.m., M -Sat.,
Late March, final site clean-up by June 1
Information_ Regarding a Potential Basin for Alum Storage
General design elements of a new storage basin provide for: 1) more than an adequate time for alum to
settle and, 2) plenty of volume for the sediment to be contained during normal storm events. There is
no designed bypass of extreme storm events, however, the Hurley lift station capacity limits the
maximum flow rate. The basin will have a minimum storm water detention time of 12 hours during
normal events. This is about 50% longer than in a natural JP -47, before alum sludge accumulation. It is
about 200% longer than detention times typically used in water treatment plants. Currently, JP -47 has
only about a 2 -hour detention time. Ultimate sludge storage is about twice that currently in JP -47.
Responses to Councilmember Maguire's 1/27/04 e-mail.
1. Brief summary of D/F study (1994) and implementation report (2002):
• 20 alternatives were evaluated with respect to their potential to affect goals for
Fish Lake, mostly for reducing the phosphorus loading to the lake.
• 8 alternatives were selected for implementation, also included were public
education and long-term monitoring.
• $253,000 Clean Water Partnership Project in 1995-2000 implemented 5 of the 8
selected alternatives.
• 3 remaining selected alternatives to be implemented pending outcome of alum
injection system alternative.
2. Speculative nature of cause -effect regarding strategies and outcomes
• Very important to be aware of the continual speculative nature of any future
strategies and outcomes, based on best scientific evidence at a given time.
3. Recent legislation and rainwater gardens not part of D/F study
• "Rainwater Gardens" is a relatively new moniker for "old-fashioned" ditches
and swales. But considering such perspectives for watershed management were
not part of the current thinking in 1994. Recent state legislation has provisions
similar to elements that would have been part of ideal local regulations that
were not promulgated by the City previously.
4. Wants matrix of executive summary of strategies considered, in terms of expected
contribution to solution, cost, cost efficiency, social acceptability, rationale for
adoption/elimination.
Many alternatives considered do not have specifically quantified "contributions
to solutions" and therefore "cost efficiencies" because they are comprehensive
in nature (i.e., good City-wide public policy). A table of the strategies providing
estimated water quality benefits was provided previously in the first committee
packet. No information on social acceptability evaluations is available.
Alternatives were selected for implementation because they were deemed to
have the best chance of reducing phosphorus loads to Fish Lake.
5. Matrix of implementation plan including whether or not implemented, success, effect,
future prospects. (See next page)
Alternative
Street sweeping
j Alum Injection
System
Aquatic Plant
Management
Pond JP -15 Bypass
Sediment Sealing
Lawn Chemical
Regulations
5horeland
Management
Detention Basin
Management
Implemented
Success/Effect
Future prospects
YES
.............---
Unknown/ minimal
Continue for all
residents
for phosphorus-
Very good/Can
street debris
Good prospects, but
YES
ecological base and
meet goals short-
long-term
term
management issues
YES
Unknown/Curlyleaf Indefinitely
pondweed control, continue
aesthetic benefits,
unknown
phosphorus effects
NO
Good/Possibly
Unknown, pending
negative effect by
j other outcomes
significantly
removing flows
NO
Good/Effects
One-time option
internally
only
YES
W
NO
pnospnorus cycling
Minimal/Unknown
Unknown effect on
effect on actual
actual behavior of
behavior of
residents
residents
Minimal/Effects
Unknown, pending
ecological base and
other outcomes
aesthetics
Unknown/Effects Will be part of
overall phosphorus SWPPP process
retention
6. Building blocks idea: trading strategies, supplementing strategies, additional strategies,
modifying scale of strategies.
• This is the essence of the general modeling effort which City staff has already
researched and conducted. Numerous iterations of strategies would be a more
detailed modeling effort, the breadth and depth of which has not been initiated.
PUBLIC WORKS COMMITTEE MEETING NOTES
January 27, 2004
4:30 p.m.
Eagan Room, Eagan Municipal Center
Committee members present: Councilmember Maguire and Councilmember Fields
Staff members present: City Administrator Hedges, Assistant to the City Administrator Lord,
Director of Parks & Recreation Vraa, Water Resources Coordinator Macbeth, Communications
Director Garrison, and Water Resources Technician Storland
Meetin Notes
Committee member Maguire opened the meeting, acknowledged the members of the public in
attendance, and noted that while the meeting is a public meeting, there is no scheduled time for
public comment.
City Administrator Hedges summarized the outline for the meeting, which included: 1) Past
research and the basis for meeting Fish Lake water quality goals via alum dosing; 2) Additional
information on alternatives to meeting Fish Lake water quality goals by alum dosing; 3)
Estimated cost of alum dosing; and 4) Projected timeline of proposed alum project.
Water Resources Coordinator Macbeth provided a presentation to the Committee on the four
points of the meeting. While discussing the various alternatives to alum dosing, Macbeth
commented on the Madison, Wisconsin rain water garden project. Macbeth added that if the
water quality goals for the reduction of phosphorous were attempted via rain gardens, it would
require close to 10,000 rain gardens to be installed in order to meet the alum goals for the Fish
Lake Watershed.
The Committee members thanked Water Resources Coordinator Macbeth for his very valuable
presentation. The Committee recommended that the information presented at today's meeting be
prepared in written format for the City Council's review. The Committee asked that information
regarding the rain gardens and the number of rain gardens that would be required also be
included with the information to be presented to the City Council.
The Committee discussed the recently enacted State legislation regarding the use of phosphorous
fertilizers. Mr. Macbeth noted that the City can no longer regulate commercial application due to
the legislation. Furthermore, the City can regulate use, but not the sale of fertilizer containing
phosphorus. The Committee requested a one-page clarification of the new legislation to be
presented to the City Council.
The Committee requested that Communications Director Garrison work with Water Resources
Coordinator Macbeth to prepare information regarding the nine scenarios presented by Mr.
Macbeth at the Committee meeting. The Committee also inquired as to whether there are any
other alternatives that the City did not consider in 1994 or presently that the Committee could
review. The Committee requested that Jay Riggs of Dakota County be at the next committee
meeting to offer his suggestions on alternatives to alum dosing.
p,;::
Public Works Committee Meeting
January 27, 2004
Page 2
The Committee discussed the requirements to meet the Class I water body designation. Water
Resources Coordinator Macbeth noted that there are seven Class I lakes in the City of Eagan,
with Heine Pond being the only one currently in compliance with phosphorous goals. Parks &
Recreation Director Vraa highlighted alternatives methods to alum currently being utilized
throughout the City.
The Committee directed the following items be brought back to the next Public Works
Committee prior to taking the issue back to the City Council as a whole:
1) Provide a written agenda for the next meeting (provide ahead of time)
2) Provide written descriptions of the nine scenarios presented at today's meeting (in
coordination with Communications Director Garrison)
3) A one-page clarification on the legislation passed in 2002 regarding phosphorous fertilizer,
and what regulatory authority the City now has
4) Staff is to contact Jay Riggs of Dakota County in order that he can be present at the next
meeting to suggest additional alternatives to alum
5) A brief description of the realities of the effect of phosphorous on water quality and the
purpose of alum (being mindful that the Committee is looking for basic descriptions)
6) Update on JP -47's sludge removal
7) Information regarding the potential basin that would be needed for alum sediment
storage—how well will the basin contain the sediment and the chemical that is injected
(alum dosing)? Will there be run-off into JP -47 or Fish Lake?
8) Provide cost estimates of alum dosing compared to other alternatives (a side-by-side
comparison)
9) A breakdown of the 1994 study (using a few matrixes)
10) Provide a response to Councilmember's Maguire January 27 e-mail in advance of the next
PW Committee meeting.
The Committee set the next Public Works Committee meeting for February 10 at 4:00 p.m.