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i i City Council Minutes Page 4 October 18,2010 Councilmember Gumphrey stated there should be a level playing field citywide and as Elk River is Energy City,it makes sense. Mayor Klinzing stated she is not in favor of the ordinance. She stated extending enforcement into private wells is an over extension of government oversight. MOVED BY COUNCILMEMBER GUMPHREY TO ADOPT THE ORDINANCE AS DRAFTED IN THE STAFF REPORT. Motin died for lack of a second. I Mayor Klinzing allowed public comment. i Greg Bossany 304 Baldwin Avenue—Stated he put in a well so he wouldn't have to have the city tell him when he has to water his yard. He stated it's the Department of Natural Resources right to regulate private wells. Roger Renner,owner,EH Renner—Stated Elk River has a great water supply and that 50% of homeowners don't draw from the aquifer. I Ie stated education on water conservation would go further than changing the ordinance. Kerry Harrison, 20047 Ulysses Street—Expressed concerns with being unable to water every day. He stated he uses a drip irrigation system and his flowers and plants need to be watered every day. He is opposed to city control over private well use. Katie Renner,EH Renner—Stated it is the property owner's riparian right to be able to control and use the water on their property. She stated there are associations that need to water. Timothy Goerdt, 17942 Tyler Drive—Stated he represents 300 community townhomes and thought they may be the property in question as far as being large users. He stated they built their own wells,put in a Smart irrigation system,and do their best to water every other day. He stated most of the residents have joined Project Conserve and that in last year's program he won the award for conserving the most energy. He stated they have worked hard on working with the city on conservation efforts and that taking away their rights now would be unjustified. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-20 AMENDING SECTION 78-51 OF THE ELK RIVER CITY CODE OF ORDINANCES BUT STRIKING THE FOLLOWING LANGAUGE: "...SHALL APPLY TO ALL PROPERTIES WITHIN THE CITY, I WHETHER THOSE PROPERTIES ARE SERVED BY THE CITY WATER SYSTEM OR BY PRIVATE WELLS..." j I MOTION CARRIED 4-1. Councilmember Gumphrey opposed. It was noted the intent of the ordinances is remaining the same but taking care of housekeeping in some of the language.