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Page 5 e Elk River City Council Minutes August 1, 1988 Discussion pursued as to the best possible way to ban yard watering and yet be able to enforce the ban. It was the consensus of the Council that an odd- even watering ban would be difficult to enforce. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 88-22, AN ORDINANCE DECLARING A WATERING BAN FOR THE CITY OF ELK RIVER. SAID ORDINANCE WOULD ALLOW WATERING FROM 9:00 P.M. TO 9:00 A.M. ONLY WITH NO EXCEPTIONS FOR DAYTIME WATERING. FIRST OFFENSE - WARNING; SECOND OFFENSE - $50 FINE; THIRD OFFENSE $100 FINE; 4TH OFFENSE - WATER WILL BE SHUT OFF. THIS ORDINANCE APPLIES TO MUNICIPAL WATERED LOTS ONLY. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHULDT OPPOSED. Councilmember Schuldt stated that the Elk River Municipal Utilities Superintendent should have called the watering ban; not the City Council. It was the consensus of the Council to strongly suggest that the City residents with private wells voluntarily honor the watering ban. 8.1. Officer Petermann e The City Administrator informed the Council that this portion of the Council meeting would be tape recorded. The Administrator handed out pages 22, 30 and 31 of the City's personnel ordinance and a Findings of Fact from the Chief of Police, and also a draft letter to Officer Petermann from Pat Klaers. The City Administrator informed the Council that according to Section 218.04, Police Officers are covered by the City Code. He indicated that he is recommending the termination of employment of Officer Robert Petermann based on the City Code, Section 218.52 (1) and (10) which relates to incompetence or ineficiency in performance of duties and conduct which discredits a City service, and also based on the Findings of Fact. The City Administrator indicated that the City has been paying Petermann his salary since he was suspended on May 15, 1988, and stated that the City cannot continue to pay Petermann with City funds. He also indicated there is a need to have a new Juvenile Officer for the upcoming school year. Mayor Gunkel indicated that the City has done what could be done to act responsibly about the situation. According to the Findings of Fact and violation of the ordinance, there is sufficient evidence to concur with the City Administrator's recommendation to terminate employment of Officer Petermann and to discontinue payment of wages. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CITY ADMINISTRATORS DECISION TO TERMINATE THE EMPLOYMENT OF OFFICER ROBERT PETERMANN BASED ONTRE "FINDINGS OF FACT" AND FOR VIOLATION OF THE CITY'S PERSONNEL ORDINANCE EFFECTIVE 8/10/88. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.