07/17/1990 - City Council SpecialSPECIAL CITY COUNCIL MEETING
TUESDAY
JULY 179 1990
5:15 P.M.
I. STATUS UPDATE ON SENECA DEWATERING
PERMIT MEDIATION SESSIONS
II. OTHER BUSINESS
III. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 159 1990
SUBJECT: SPECIAL CITY COUNCIL MEETING FOR TUESDAY, JULY 179 1990
At the last regular City Council meeting held on July 10, 1990, an executive session was
held and it was determined that a special City Council meeting would be held at 5:15 p.m.
on July 17 for the purpose of receiving an update on the mediation sessions that are
ongoing regarding the dewatering permits to be considered for the Seneca Wastewater
Treatment Plant Expansion Project. Mike Dougherty of the City Attorney's office has
provided a memo, which is enclosed on pages through that discusses the status
of the mediation sessions to date and the type of direction the staff will need prior to the
final session which is scheduled for July 25, It was determined at the executive session
that all participants, including the Chamber of Commerce representative and community
representatives, be present for the meeting.
In light of the regular City Council meeting beginning at 6:30 p.m., a light dinner will be
served to the City Councilmembers.
IS_I Thomas L. Hedges
City Administrator
JUL 16 '90 15:48 1W9 U L, 1
X E M o R A N D U M
TO: Tom Hedges
FROM: Michael G. Dougherty
RE: Seneca Mediation
our File No.: 206-7756
DATE: July 16, 1990
In preparation for the City Council meeting on July 17, 1990, 1
thought it would be appropriate to address some of the concerns which
have risen in the mediation process.
Issue No. 1. Qne Permit versus Two. Presently the DNR is processing
a request by the MWCC for a permanent water
appropriation permit for the existing Seneca plant. In
contrast, the DNR has indicated that a second permit
will be required for the new portion of the facility
presently under construction. As you may recall, state
law requires that a permittee cannot exceed an average
of two million gallons of water per day on a 30 day
average, without prior legislative approval. If in fact
two permits instead of one were issued for the waste
water treatment plant, in effect the MWCC would have
the right to appropriate on average four million
gallons of water per day without legislative approval.
I made a suggestion in the mediation, which was
endorsed by the DNR, that for purposes of determining
the total amount of water appropriated at the Seneca
plant, that both permits be aggregated together and
capped at two million gallons per day. The MWCC is not
agreeable to that position which in turn has infuriated
the residents and the chamber of commerce. The
residents feel that they made an agreement with the
MWCC and the DNR back in January and February at the
state legislature, that in return for allowing the MWCC
to have uncontested and unlimited water appropriation
during construction, that the MWCC agreed that they
would not exceed the two million gallons during
operation of the plant after construction.
Subsequently, the residents believe that the MWCC's
position with respect to the two permits violates their
JUL 16 '90 l5: a-.� s'iH-,
Issue No. 2
earlier agreement made in connection with the
legislation.
The DNR insists that they are mandated bylatotoheafact
to issue two permits for the facility,
due that there are two different sources of water
appropriations which are not interconnected. At best,
However, it is
this may be a debateable issue.
generally acknowledged that the agency responsible
for
interpreting its rules would be given
ial
deference by a court or administrative law judge in any
contested issue regarding the interpretation. It needs
to be pointed out that the County which also authorizes
installation of wells, concurs with the DNR's
interpretation of the one versus two permit issue.
T tal Amours of Water A ro riation. Despite the issue
of one versus two permits, there is a significant
question as to whether or not the cap of two million
gallons per day should be imposed upon the.Seneca
plant. While the mediation session certainly cannot
change the law or advocate a violation of the law,
there was evidence presented to the mediation table by
the DNR that suggested that keeping within the legal
limits may enthen ifve stherMWCCgweresallowedttoon the
exceed
calcareous f,
the legal limit.
It is important to keep in mind that the two million
gallon per day limit is actually calculated in terms of
a thirty (30) day average. That being so, the DNR
contends that to allow the MWCC to dewater at a rate of
1.9 million gallons per day for a continuous thirty
(3o) days, would be significantly worse then if the
Mwcc were to dewater to a point where they exceed the
two million gallon average, but were to cut back the
dewatering process to a bear minimum when not required.
The reason this is important, is that there are six
of
clarifier tanks within the Seneca plant, and each
the clarifiers will be routinely maintenanced once a
year. The maintenance requires that dewatering occur so
that the area around the clarifier would be relieved of
any outside hydrostatic pressure against the empty
tants. The dewatering may also occur, should there be
an emergency situation that would require one of the
tanks to need to be emptied.
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-2-
61
table
As a general proposal, the -mediation asound means has
discussed the following proposal
compromising the issues: that two permits be issued by
the DNR, but that the NIwcc would only be allowed to
appropriate one million gallons of water per day with
respect to the existing plant and two million gallons
per day at the new plant. To exceed the three million
gallons per day cap would require approval by the round
table. By law, to exceed the two million gallon per day
at either pumping site would require legislative
approval. Presently, talks concerning the three million
gallon compromise have stalled, partly in response to
the chamber's and resident's concern over the exceeding
of two million gallons per day at the plant as
previously agreed and further, the MWCC has not agreed
to accept anything less than the four million gallons
per day. I believe the three million gallon per day
compromise could be accomplished if both parties can
show that there has been a little give and take.
To keep the dewatering discussion in perspective, it
should be kept in mind that the following premises are
accurate:
1. That the best time to dewater and therefore maintain
the tanks would be in late fall and winter to assure
that there is little or no affect on the calcareous
fen; however,
2. During late fall and early winter is when the
aquifers recharge and thus more water would be needed
to be appropriated to maintain the tanks.
3. It takes a minimum of 10 days to dewater to a point
where the MwCC can clean a tank and another week or so
to actually clean the tank.
since this topic is difficult to grasp in a narrative
sense, I will be available at the council meeting to
discuss this issue and provide additional information.
Issue No. 3 Proposal by the Chamber of Commerce that would allow
the City of Eagan the right to inspect the Seneca plant
operations and maintenance conditions. One of the
concerns which I have noted to the chamber and the
residents in dealing with such a proposal is the need
to enumerate what standards and criteria we are
inspecting against. If we are to have the power to
review the Seneca plant in light of our City Code, that
JUL lb '9Lt lb:_(Ll IH_ --
is certainly something that We can quantify, however,
if we are being requested to deal with health
conditions or environmental matters which arer nderth e
jurisdiction of another agency,
am we would want to be stepping into the respective shoes
of those agencies. As a matter of fact, when the issue
was originally raised, the attorney for the
be
Metropolitan Council • thought Wanted hat ito Laked the
t wou
appropriate that if the City
responsibility of inspecting the plant for maintenance
and operation conditions, that the City should also be
named as a co-permitee on the Seneca plant operation.
While that may be more of a veiled threat then anything
else, the impact of being named as a co-permitee would
be such that the City could be found responsible should
any violations be levied against the Seneca plant. That
certainly would not be in the best interest of the
City.
I view our ability to investigate the Seneca plant
being appropriate if the purpose is to assess Eagan
City Code violations. In that regard, we have standards
that we can address as well as the appropriate
personnel for investigating and identifying violations.
if there are other items of concern which inspections
would give the City more security, those items should
be enumerated and set forth so that there is some
criteria of measurement should any violations be
identified. As noted in the Memo from Judge Reha, a
report on the city's inspection process and what it is
that they are going to be looking at, is to be
accomplished and put in writing prior to the next
mediation session scheduled for Wednesday, July 25,
1990.
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