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Planning Commission Minutes July 8, 2008 Page 8 Mr. Adams stated that he was satisfied with the requirement for a certificate of compliance, and that the building official was also comfortable with it He estimated that the impact on new lots would be approximately $3,000 for placement of the soil and tilling. He noted that drafted the ordinance and it was reviewed by Ciry Attorney Peter Beck. Commissioner Lemke asked if he could get a copy of Mr. Adams' presentation to the homeowner's association. Mr. Adams stated yes, he could provide it to him. Commissioner Lemke questioned the impact of the ordinance on larger lots. Mr. Adams stated that by requiring the topsoil on disturbed areas, this would likely be the area that would be mowed and watered. Commissioner Lemke stated that he shared staffs concern that the ordinance would be ineffective, since most of the urban service district is built out. Mr. Adams stated that he has seen numerous expansions of the urban service area, and that the ordinance needs to be in place if another expansion were to occur. Commissioner Lemke expressed his thanks to Mr. Adams for putting education first in their conservation measures. Mr. Adams stated that property owners don't pay attention to their water usage until they receive a $100 water bill. Commissioner Scott asked if Mr. Adams could estimate how much of the water usage spike in the summer was related to commercial properties being irrigated. Mr. Adams estimated that the ratio was probably 50-50 between commercial and residential. He noted that he often sees sprinklers running on commercial sites when it is raining. Commissioner Anderson stated that the reality is that people do not take conservation seriously until the price goes up, similar to gasoline consumption. He suggested more enforcement of water bans with serious fines. Mr. Adams stated that it has already been proven that watering bans don't work, as far as reducing water consumption, and felt the police department has better things to than issue tickets for watering. Commissioner Anderson stated he agreed. He stated that if the ordinance were adopted and a property owner applied the topsoil properly, there was no guarantee that he would not water everyday anyway. Commissioner Anderson asked if the utilities have considered using water from the Mississippi River. Mr. Adams stated that would require a totally different type of water and distribution system and would not be financially feasible. Commissioner Westberg asked if a possible solution to the commercial watering would be for them to drill their own wells. Mr. Adams stated that they still would be taking water out of the same aquifer, since Elk River has no other aquifers. Commissioner Westberg stated that it would seem natural that the rates should be raised for higher usage. Mr. Adams stated that the rates are structured to help pay for building new wells and water towers, but that he would like nothing better that not to have to build more. Mr. Adams explained how water is tested for tritium, to determine the age of its source. He stated that there are three flowing wells in Elk River. He stated that the wells quit flowing in March-April and flow again in the fall. He stated that each year the flow goes down earlier and takes longer to come back in the fall, which reflects the impact of the added demand. Commissioner Westberg asked why they don't get rid of the bans if they are not effective. Mr. Adams stated that they are beneficial from an educational perspective, by making users aware of the need to conserve water. He noted that the DNR still encourages them to use water bans. There being no other speakers, Chair Westgaard closed the public hearing. Commissioner Staul stated that given the presentation and staff concerns, he was in favor of tabling the issue for further research and input from other communities.