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Page 3 <br /> Regular meeting of the Elk River Municipal Utilities Commission <br /> September 20,2006 <br /> 5.5 Review Proposed 2007 Capital Project Budget <br /> Staff presented the first cut of the capital project budget for 2007. Bryan Adams reviewed <br /> the upcoming projects and needs for the utility. We continue to have more financial needs than <br /> sales revenues can support. There is a concern regarding the street rebuild projects and the <br /> requirement for mid block street lighting. In the old developed areas there are wood poles at the <br /> corners but not mid block. Bryan will talk with Lori Johnson regarding the possibility of the City <br /> helping fund the mid block lighting. <br /> 5.6 Review New Data Center Facility <br /> It has been confirmed that there will be a new data center facility locating in Elk River. <br /> Engineering is just starting,land purchase will occur in the January 2007 time frame. <br /> Construction is planned for spring of 2007 with a completion date of mid year 2008. We are still <br /> waiting for electric and water capacity requirements. <br /> 6.1 Review Conservation &Emergency Management Plan <br /> At the August 22,2006,Elk River Municipal Utilities Commission meeting,the issue of <br /> ISD#728 utilizing existing,or drilling new wells for lawn irrigation was discussed. The question <br /> is,can a property owner construct and use a well when a Municipal Water System is available to <br /> the property and where local ordinances prohibit such activity? The state plumbing code requires <br /> all buildings that have municipal water available to connect for domestic use. The plumbing code <br /> does not address irrigation wells. Minnesota Statutes 2005, 103I.111,allow construction of wells <br /> and takes precedence over local ordinances prohibiting well construction. In the case for <br /> irrigation use,the MDH issues the construction permit and the DNR issues the ground water <br /> withdraw appropriation if greater than 1,000,000 gallons per year. After numerous conversations <br /> with MDH and DNR personnel,it became obvious that not many of them were aware of the <br /> statutes and how it complicates the required Wellhead Protection Plan and Conservation& <br /> Emergency Management Plan. Discussion continues with the DNR and ISD#728. <br /> On another related issue,the DNR is requiring us to amend our Water Emergency and <br /> Conservation Plan because we have requested an increase in withdraw appropriation from 875 <br /> million gallons per year to 1400 million gallons per year. Elk River started its plan in 1996 and <br /> amended it in 2001. This plan verifies that the water suppliers are doing the necessary operation <br /> and maintenance,future planning both capacity and fmancial concerns,implements emergency <br /> planning and response procedures,and carry on conservation and education programs. The <br /> revised plan was reviewed. <br /> James Tralle moved to adopt the Conservation and Emergency Management Plan as presented. <br /> John Dietz seconded the motion. Motion carried 3-0. <br />