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ERMUSR MISC 11-13-2007~/ Elk River Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Elk River, MN 55330-0430 November 7, 2007 To: Elk River Municipal Utilities Commission Jerry Takle Jerry Gumphrey Jim Tralle From: Bryan Adams Subject: Miscellaneous Issues Phone: 763.441.2020 Fax: 763.441.8099 Enclosed is the packet for Tuesday, November 13, 2007 commission meeting at 4:00 p.m. To date the water and electrical usage is above last year at 8.2% and 9.58% respectively. Attached is a memo to the City Council requesting a black dirt policy. A major question is who will be doing the inspection, city staff or utility staff. The city staff wants no part of the inspection or enforcement process. The utility perspective is the building inspectors already perform the inspection process, why involve another department in the inspection process. APPA 2008 legislative rally is February 25-27, 2008 in Washington D.C. APPA and MMUA are recommending we book reservations early to reserve space. I will attend this event unless this commission desires otherwise. I would also encourage this commission to attend. Attached is information about this rally. The Virginia Transformer sent back for repairs should arrive at the Waco Substation on November 13, 2007. We completed the substation testing on the West Substation bank 2. This was a worthwhile endeavor for we did find some minor issues. Attached is a Halloween picture of our office staff as a replacement line crew...pretty tough crew. Lastly, is an article from the Star Tribune from the October 27, 2007 edition titled "Is The Nation's Supply Of Water In Crisis?" Another good article on water quality issues. REQUEST FOR ACTION ver To Item Number Ci Council Agenda Section Meeting Date Prepared by November 13, 2007 B an Adams Elk River Utilities Item Description Reviewed by Black Dirt Ordinance Reviewed by Action Requested Elk River Municipal Utilities recommends City Councils direct staff to develop a black dirt ordinance to foster water conservation that contains the following principals. 1) 4 inches of black dirt shall be tilled into the top approximate 8" of existing soil. 2) 4 inches of black dirt shall have the approximate following make-up by volume Sand - 61% Clay - 12% Silt - 12% Organic - 15% 3) Areas that naturally contain this approximate soil make-up shall be classified as meeting the black dirt policy. 4) Inspection as part of the certificate of occupancy process by building inspections. Background/Discussion As Elk River continues to grow, so does the demand for water. The attached Chart #1 reflects Elk River's past and future growth trends on a daily and annual basis. Our past annual growth trend has been in the 7% range or a new water production facility every 3 years. We currently have 7 water production facilities with the 8th under construction in Twin Lakes Estates. All of our facilities utilize the Mt Simon Hinkley aquifer. The Minnesota Department of Natural Resources (DNR) recently increased our ground water appropriation to 1.6 billion gallons per year and 5 additional wells. This increase should satisfy our growth needs for the next 10 years. This increase in water appropriations is also contingent on continuing our water conservation efforts which is the subject of this memo. Chart #2 reflects the maximum daily and monthly water pumpage for years 2006 and 2007. Elk River's domestic water need is in the 38 million gallons per month range or 1.26 million gallons per day. This is approxunately what the waste water plant processes daily. In the non winter months, water demand drastically increases to 160 million gallons per month or 7 million gallons per day. This increase is due to lawn irrigation. On an annual basis, lawn irrigation accounts for approximately 45% of our water use. Is this a good use of a limited resource? The attached two articles from the September 16, 2007 Star Tribune titled "Battling Tainted Water" and "The Pollution That Lies Beneath" very accurately explains the water situation in the metro area. Elk River uses the Mt. Simon Hinkley aquifer as a sole source water supply. As other metro communities seek a better water supply, the Mt. Simon Hinkley aquifer will receive more withdraws in the future and \\Win2003_sever\h\GM Documents\Black Dirt Action Requested.doc has the potential to affect us. The DNR requires us to implement water conservation programs. We have a social obligation to use our natural resources wisely. As we are experiencing global warming, the change in weather patterns will increase demand for water. Being Energy City also obligates us to promote conservation and make wise use of a limited resource. We are proposing a black dirt ordinance with the urging of the DNR as a strategy to reduce irrigation needs. Tilling black dirt into the native soil will help retain moisture longer in the grass root area thus reducing irrigation needs from 10% to 25%. This also has the benefit of reducing soil compaction thus minimizing run off. This strategy is particularly effective in sandy soil which is prevalent in the Elk River area. The following communities have implemented a black dirt ordinance. Otsego -developers must use 6" of black dirt where the ground is sandy. Rogers - 4" black dirt. Much of Rogers is heavy clay. They will be annexing additional areas with sandy soil. St. Michael/Albertville - 2" black dirt ordinance is under consideration. DNR is encouraging them to adopt an ordinance. Big Lake -requires 4" of black dirt for seeded lawns and 2" of black dirt under sodded areas. Becker -requires 3" of black dirt by homeowner, not developer. Ramsey - no requirements. Monticello -requires 4" of black dirt. Andover -requires 4" of black dirt. Winter construction developer puts money in escrow. Zimmerman -requires 4" of black dirt. St. Francis - 2" of black dirt. Brooklyn Park -requires 4" of black dirt. Blaine -requires 4" of black dirt. Maple Grove -requires 4" of black dirt. Stillwater -requires 4" of black dirt in boulevards only. Northfield -requires 4" of black dirt. Buffalo - 4" top soil. Princeton - 4" top soil. Coon Rapids - 2" top soil. The above cities we surveyed, generally the city building inspection department does the inspection and enforcement. Escrow payment is made to insure compliance. It is also interesting to note that many of the above referenced cities include a landscaping ordinance specifying number and size of trees and shrubs for residential lots. Financial Impact This will cost the new home owner approximately $3,000 for an average city lot and may be difficult to enforce. Some communities have experienced lawns not being installed due to the added cost. Attachments Chart #1 -Post and future growth trends. Chart #2 - 2006 & 2007 peak day and monthly water pumpage. September 16, 2007 Star Tribune Articles. \\Win2003_sever\h\GM Documents\Black Dirt Ac[ion Requested.doc ver MEMORANDUM TO: Mayor and City Council ..~ i ~~' ~ ~ ~ >~ ` 5 ,~,/'` ,_ t ~Y J ~'~ Y FROM: Terry Maurer, Public Works Director ~~~ DATE: November 13, 2007 SUBJECT: Black Dirt Policy Lori Johnson, City Administrator, was planning to prepare a memo summarizing the city staff position on the requested Elk River Municipal Utilities black dirt policy, but in her need to be out of the office this week, I have been asked to prepare this memo. Prior to doing so, I have consulted with Lori Johnson and other department/division heads within the City Hall regarding this issue. City staff is fully in support of the Municipal Utilities' efforts to reduce water consumption through various methods. If the City Council agrees with the proposed black dirt policy, city staff would recommend that the Municipal Utilities prepare a written policy that can be distributed with every building permit, explaining what is required and how it will be inspected to determine compliance with the polity. We would then recommend that an additional black dirt inspection be put into PermitWorks for every building permit. We would recommend that Bryan Adams or his representative be responsible for performing the black dirt inspection to determine appropriate compliance with the policy. Once compliance is achieved, the Utilities have access to PermitWorks and can check that inspection as passed. The city building official will review all inspections prior to issuing a certificate of occupancy. This is very similar to how water services and water meter installations are handled currently. City staff members have been discussing this issue with Bryan for 6 -8 months. City staff does have a number of concerns relative to how much a policy like this will actually reduce water consumption, what will be the actual cost to the end user for this type of policy, and how difficult will it be to implement. The specific questions raised by city staff to Bryan Adams are included in a memo from Jeremy Barnhart, Planning Manager to Bryan Adams dated April 26, 2007, a copy of which is attached. Should you have any questions of city staff relative to this policy, I will be in attendance at your Tuesday workshop. S:\PUBLIC WORK.4\2007 CC memos\11 07 07 Black Dirt Policy.doc • To: Bryan Adams, Municipal Utilities Superintendent From Jeremy Barnhart, Planning Manager CC: Terry Maurer, Scott Clark, Rebecca Haug, Bob Ruprecht, Sheila Cartney Date: April 26, 2007 Re: Proposed dirt ordinance Thank you for allowing Community Development and Engineering staff to comment on the proposed minimum top soil "Dirt" ordinance being contemplated by the Utilities Commission .and Staff. We met on Tuesday, April 24 and have some comments regarding the potential ordinance. These comments include: 1. It appears the intent is a reduction of water usage. How much reduction is antiapated? Is there independent, supporting information available for review? 2. Are there other options available that reduce water usage as effectively? Water rates, education, enforced water/ sprinkli a restrictions, native grasses, etc. 3. How effective will this ordinance be when the majority of the `urban' area has been built out and or platted? 4. There is some concern that this proposed ordinance penalizes a majority for the few (those that water their lawns). 5. ghat is the difference between black dirt and top soil? 6. What is the antidpated cost for the homeowner? What is the savings? As part of street construction projects, the City imports black dirt (top soil), because it is not found in the City, increasing the cost. 7. Who puts the soil on, and when? Developer at Final Plat or the Builder at CO, homeowner? 8. Enforcement, who does its 9. The City was required to obtain a NPDES permit in 2003 and part of that permit is to reduce the amount of run-off in to the storm sewer system. It also requires us to infiltrate more and achieve the 1988 infiltration rates for the City. Would this reduce the amount of infiltration and increase the amount of run-off? 1 10. How will adding 4-6 inches of soil affect the approved grading plans? 11. How would the wide variety of soils and lots types, sandy and clay soils, small lots and rural lots be dealt with? Again, thank you for allowing us to comment on pour proposed ordinance. We do have some concern with the effectiveness of such an ordinance, and wonder if other options should be explored before entering into an ordinance situation. Please feel free to contact me with any questions or comments. • Page 2 Adams, Bryan From: Greg T. Oxley [goxley@mmua.org] Sent: Tuesday, October 30, 2007 10:55 AM To: acrowser@rea-alp.com; dvoss@ci.anoka.mn.us; JerryM@austinutilities.com; Bill Black; theoldsalt29@msn.com; Adams, Bryan; Joseph.steffel@cityofbuffalomn.org; Dalene@mncable.net; cpunt@lakesnet.net; Doug Carnival; dboyce@ci.east-grand- forks.mn.us; Greg T. Oxley; Hutchinson -Mike Kum; Jack Kegel; Jim Kochevar; Marshall- Brad Roos; Michael Nolan; bschwandt@mpsutility.com; bjagusch@cityofmora.com; dbirgen@mrenergy.com; billy@mrenergy.com; tomh@mrenergy.com; NMPA-Darryl Tveitbakk; Owatonna -Steve Shurts; Ikoshire@rpu.org; Shakopee-LouVanHout (E-mail); Steve Downer; Steve Nyhus; crude@citytrf.net; Iheitke@ci.willmar.mn.us Cc: Susan Coe Subject: Emailing: American Public Power Association - Events.htm As promised during the MMUA Government Relations Committee conference call last Friday, I am providing the following page from the APPA website concerning the 2008 APPA Washington Legislative Rally to be held from February 25-27 at the Mayflower Hotel. As in past years, it is our intention to meet with the Minnesota Congressional Delegation on the afternoon of Wednesday, February 27. Because of the Rally's growing participation, you are advised to register and make your reservations as soon as possible. Greg Oxley Office: 763 746-0709 Cell: 623 963-1869 ~~~~ American Public Power Association Events :Events Calendar Washington, DC February 25-27, 2008 The Mayflower Hotel Contact Jo Ditto (202/467-2954) for general Rally information. APPA's Legislative Rally offers every member of the national public power community an opportunity to work together on federal legislative and regulatory issues that affect the industry. APPA staff and expert speakers provide briefings on key messages and on how to influence decision-makers effectively. The Legislative Rally provides attendees with a full range of tools to effectively advocate priority issues. ~- • ~ -~= Hotel Reservation/ Cancellation Policy All reservations require anon-refundable room deposit equal to one night's stay ($249 plus tax) that will be charged to your credit card at the time your reservation is made. If you cancel or reduce your reservation within seven days of your date of arrival your credit card will be charged a minimum of two nights' stay (one night in addition to the first night's deposit). The cut-off date to receive the APPA group rate of $249 (plus tax) is February 2. If rooms still remain in the APPA block after that date, the APPA group rate will be honored. If not, you may be charged a higher rate. Please contact the APPA meeting services department if you need additional assistance with housing at 202/467-2941. Hotel Information The 2008 Legislative Rally will be held at the Renaissance Mayflower Hotel, 1127 Connecticut Avenue, NW, Washington, D.C. 20036. The APPA room block will open for reservations on November 1, 2007. To ensure the APPA discounted room rate of $249/night (single), please call the reservations center at 800-hotels 1 or 202- 347-3000. When making reservations please request "APPA Legislative Conference." You may also make your reservations online at: http://marriott com/propert~property~age/WASSH. For online reservations, please use the group code of "APPAPPA." 2008 Rally Brochure [pdfJ 2008 Rally Registration Form [pdfJ 2008 Rall~Sponsorshop Opportunities Meeting Highlights Monday, February 25 8:30 a.m.-12:30 Pre-Rally Seminar: Grassroots Advocacy: Growing Community p.m. Support for Public Power (details coming soon) 8:30 a.m.-4:30 Pre-Rally Seminar: Energy Efficiency for Policymakers p.m. 5:30 p.m.-7 p.m. ~ Welcoming Reception Tuesday, February 26 9 a.m.-Noon Legislative & Resolutions Committee Meeting Noon-1:30 p.m~~ Legislative & Resolutions Committee Luncheon Wednesday, February 27 ~ 7:30 a.m.-9 a.m Legislative Rally Breakfast Access the AYYA legislative main~age Travel arrangements and costs are the responsibility of the participants. APPA will not reimburse for changes in travel expenditures regardless of the cause, including the cancellation of a course, meeting or workshop. ~ Printer Friendly Format ~ ®E-mail this Pape Powered by: ~~ Woh $ae Msnsgomonl Syslom WEST PALM BEACH, FLA. BY BRIAN 5KOLOFF • ASSOCIATED. PRE5S and water diversions have turned swamps into cities. Little land is left to store water during wet seasons, and so much An epic drought in Georgia threatens the water supply for millions. Florida doesn't have near- of the landscape has been paved over that water can no longer pen- lyenough water for its expected. population boom. The Great Lakes are shrinking. Upstate New etrate the ground in some places to rechazge aquifers. As a result, the Yor~C's reservoirs have dropped to record lows. And in the West, the Sierra Nevada snowpack is ..state is forced to flush millions of ` gallons of excess into the ocean to melting faster each year. Across the United States, the picture. is critically clear -the nation's prevent flooding... "The need to reduce water freshwater supplies can no longer quench its thirst. waste and inefficiency is great- The government projects that at least 3G states will face water shortages within five years be- cause of a combination of rising temperatures, drought, popula- tion growth, urban sprawl, waste and excess. "Is it a crisis? If we don't do .some decent water planning, it could be," said Jack Hoffbuhr, ex- ecutive director of the Denver- basedAmerican Water Works As- sociation. Water managers will need to take bold steps to keep taps flow- ing, including conservation, re- cycling, desalination .and stricter controls on development. "We've hit a remarkable mo- ment;'said Barry Nelson, a senior policy analyst with the Natural. Resources Defense Council. "The last century was the century of wa- ter engineering. The next century is going to have to be the century of water efficiency." The cost for ensuring a reliable water supply could be staggering. Experts estimate that just upgrad- ing pipes to handle new supplies could cost the nation $300 billion over 30 years. "Unfortunately, there's just not going to be any more .cheap wa- ter," said Randy Brown, Pompano f er now.than;everk.before;' said ':..,Benjamin Grumbles; assistant ad- Beach's utilities director. nation's greatest water irony. A ministrator for water at the En- It's not just a U.S. problem - hundred yeazs ago, the state's big- vironmental Protection Agency. it's global. Best problem was it had too much "Water eff-iciency is the wave of Australia is in the midst of a .water. But decades of dikes, dams the future." 30-yeaz dry spell, and population growth in urban centers ofsub-Sa- THREE STATES USE A QUARTER OF U.S. WATER hazan Africa is straining resources. Florida California and Texas lead the coon m water usa a The Asia has 60 percent of the worlds ~ trY ~ g population, but only about 30 per- government projects that at least 36 states will face water shortages cent of its freshwater. within five years. The Intergovernmental Panel Estimated ~~ withdrawals, jri m111i0ri gallOrts per day iri 2000: on Climate Change, a United Na- tions network of scientists, said O to 5,000 5,000 to 30,000 10,000 to 20,000 20,000 to 52,000 this yeaz that by 2050 up to 2 bil- ~>~ ~ lion people worldwide could be "~~ ~~ ~t 1~7tely to acperienoe water shortage before 2013• facing major water shortages. The United States used more than 148 trillion gallons of water in `~ ~ `~ Vt. 2000, the latest figures available • ~1+ Q ;~ s ~,, ~,~~~ from the US. Geological Survey. ,<~ That includes residential, coin- ; ~ ~ ~ ~~: mercial, agriculture, manufactur- yes :a g~ ~~ ~ ~+ ' , ~, ing and every other use -almost ' ~ ~ Conn. 500,000 gallons per person. `~ ~ ~ ~~ ~~ ~ ~ ^' ~'~ ~ '~ Del Coastal states such as Florida ~' ~'~ - Y' ` ' _~ ~__..~ ,,bMd. and California face a water crisis ~ ~_.~ not only from increased demand, ~~~,~ • but also from rising temperatures "" • '~' ~~ that aze causing glaciers to melt ; D.C. `° and sea levels to rise. Higher tem- f Alaska peratures mean more water lost to r -; Hawaii evaporation. And rising seas could push saltwater into underground ' `Colorado and South Cazo]ina aze statewide. All other states are regional or local Sources of freshwater Sources: U.S. Geological Survey; General Accounting Office, Associated Press Florida represents perhaps the'` .. ,~•' (l IS IT A CRISIS? IF WE DQN'T DQ SOME DECENT WATER PLAN~ITT~~T COULD BE. )) Jack Hoffbuhr, executive director ot#YlE'~enver-based American Water Works Association