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4.1. ERMUSR 02-15-2011
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4.1. ERMUSR 02-15-2011
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i <br />Elk River .~ <br />Municipal Utilities <br />13069 Orono Parkway • P.O. Box 430 Phone: 763.441.2020 <br />Elk River, MN 5 5 3 30-0430 Pax: 763.441.8099 <br />UTILITIES COMMISSION MEETING <br />TO: FROM: <br />Elk River Municipal Utilities Commission David Berg -Water Superintendent <br />John Dietz, Chair Troy Adams, P.E. - Director of Operations <br />Daryl Thompson, Trustee <br />Al Nadeau <br />MEETING DATE: AGENDA ITEM NUMBER: <br />Februar 15, 2011 4.1 <br />SUBJECT: <br />Review of City Ordinance 78-51 WATER USE RESTRICTIONS and Elk River Municipal <br />Utilities' 2009 RESOLUTION IMPOSING WATER USE RESTRICTIONS WITHIN THE <br />CITY OF ELK RIVER. <br />BACKGROUND: <br />In July 2009, as authorized under City Ordinance Section 78-51, the Utilities Commission <br />adopted a resolution imposing water use restrictions. The motion to approve this resolution was <br />carried by a 3-0 vote. The scope of 78-51 WATER USE RESTRICTIONS was reviewed by the <br />Utilities Commission in September 2010. It was then proposed to the City Council in October <br />2010 to amend the scope of geogaphical azea subject to water use restrictions from the City <br />water service area to all of the City limits. The Council chose not to make any changes to the <br />ordinance at that time. At the December 2010 Utilities Commission meeting, the Commission <br />directed staff to bring back for review the water use restriction resolution that had been adopted <br />in 2009. At the January 2011 Utilities Commission meeting the Commission tabled this topic <br />until Februazy. <br />DISCUSSION: <br />The attached 2009 RESOLUTION IMPOSING WATER USE RESTRICTIONS WITHIN THE <br />CITY OF ELK RIVER did not required an amendment to the ordinance and is permanent until <br />revoked or amended by Utilities Commission resolution. The Utilities had water restrictions in <br />place prior to the adoption of this resolution. However, the adoption of this resolution enabled <br />the enforcement of these water restrictions through Ordinance 78-52 PENALTIES. City <br />ordinances 78-51 and 78-52 aze attached for Commission reference. <br />At the pervious Commission meeting there was a general misunderstanding ofthe current state <br />sprinkling restrictions. There were comments from the public in attendance that the Utilities did <br />not have the authority to restrict water usage or sprinkling from private wells because the <br />Council did not approve the proposed ordinance in October 2010. However, the current <br />ordinance and resolution do invoke the sprinkling ban for all within the City of Elk River. The <br />
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