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ORD 10-21ORDINANCE NO. 10 -21 • CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD NEW SECTION 78 -26 PROHIBITING PRIVATE WELLS FOR DOMESTIC USE ON PROPERTIES WITHIN THE CITY SERVED BY THE CITY WATER SYSTEM Findings of Fact The City Council of the City of Elk River finds that it is necessary, to protect the integrity of the City Water Utility and to ensure adequate water supplies to meet the health, safety and welfare needs of the City and its residents, to prohibit the installation of Private Wells for Domestic Use on properties served by the City water system. THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1. That Chapter 78 of the Elk River City Code of Ordinances shall be amended to add new Section 78 -26 as follows: Section 78 -26. Private Wells for Domestic Use. 40 a. The installation of new Private Wells for Domestic Use on any property to which City Water Utility Service is available, other than wells which serve a single buildable Lot (as defined in this Code), is prohibited, subject to the exceptions set forth in Section 78 -26 (c). b. Private Wells for Domestic Use in existence on October 18, 2010, and Private Wells for Domestic Use installed subsequent to October 18, 2010 on properties to which City Water Utility Service is not available at the time of installation, may remain in use provided they comply with all applicable regulations, including but not limited to 42 USCS §300f — 300j -26 and Minn. Stat. § §144.381 to 144.387. C. "Private Wells for Domestic Use" shall mean any well not owned by the City Water Utility which is drilled or installed for potable water or irrigation purposes. "Private Wells for Domestic Use" shall not include wells drilled for such purposes as dewatering, groundwater monitoring, heating or cooling, elevator borings or environmental bore holes. Section 2. That this Ordinance shall take effect upon adoption. • • Passed and adopted by the City Council of the City of Elk River this 18th day of October, 2010. i I III 'A 100 P -mw mix, A� " Klinzing .o Attest: Tina Allard City Clerk • GP:2862663 vl • ORDINANCE NO. 10-21 CITr OF ELK RIVLR AN ORDINANCE OF THE : CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF BLS RIVER CODE OF ORDI- NANCES TO ADD NEW SECTION 78-26 PROHIBIT- ING PRIVATE WELLS FOR DOMESTIC USE ON PROP - ERTIES WITIIIN THE CITY SERVED BY THE CITY WATER SYSTEM Findings of Fact' The City Council of the City of Elk River finds that it is nec- essary, to protect the integrity of the City Water Utility and to ensure adequate water sup - plies to meet the health, safety and welfare needs ;of the City and its residents, to prohibit the installation of Private Wells for Domestic Use on properties served by the City water system. THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1.That Chapter 78 of the Elk River City Code of Ordinances shall be amended to add new Section 78 -26 as follows.,,' Section 78 -26. Private Wells for Domestic Use. a. The installation of new Private Wells for Domestic Use on any property to which City Water Utility Service is avail- able, other than wells which serve a single buildable Lot (as �'efined in this Code), is pro - ibited, subject to the excep- tions set forth in Section 78 -26 (c). b. Private Wells for Dgmestic Use in existence on October 18, 2010, and Private Wells for Domestic Use installed subse- quent to October 18, 2010 on properties to which City Water Utility Service is not available at the time of installation, may remain in use provided they comply with all applicable regulations, including but not limited to 42 USCS §300f - 300j -26 and Minn. Stat. §144.381 to 144.387. c. "Private Wells for Domes- tic Use" shall mean any well not owned by the City Water Utility which is drilled or installed for potable water or irrigation purposes. "Private Wells for Domestic Use" shall not include wells drilled for such purposes as dewatering, groundwater monitoring, heating or cooling, elevator borings or environmental bore holes. Section2.That this Ordi- Zitt Stephanie Klinzing Mayor Attest: Tina Allard (030) City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS COUNTY OF SHERBURNE ) Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A)The Newspaper has complied withal] ofthe requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 30th day of October, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 30th day of October, 2010, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijkImnopgrstuvwxyz Sales Manager Subscribed and sworn to before me on this 30th day of October, 2010 NoTq QQ RYP NRV c eM��aFSOravC D ti e at, rs Notary Public ------------------------------------------ - - - - -- RATE INFORMATION (1) Lowest classified rate paid by commercial $ 21.00 users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,400,275 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate) City Code Error Fix October 18, 2013 Ordinance 10-21 Private Wells Staff inadvertently left —anvil from the City Council approved ordinance. This item is reflected in the October 18,2010 Council minutes. Item 6.2B. i i i it i ORDINANCE NO. 10-21 CITY OF ELK RIVER i AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD NEW SECTION 78-26 PROHIBITING PRIVATE WELLS FOR DOMESTIC USE ON PROPERTIES WITHIN THE CITY SERVED BY THE CITY WATER SYSTEM Findings of Fact i The City Council of the City of Elk River finds that it is necessary, to protect the integrity of the City Water Utility and to ensure adequate water supplies to meet the health, safety and welfare needs of the City and its residents, to prohibit the installation of Private Wells for Domestic Use on properties served by the City water system. THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1. That Chapter 78 of the Elk River City Code of Ordinances shall be amended to add new Section 78-26 as follows: Section 78-26. Private Wells for Domestic Use. a. The installation of new Private Wells for Domestic Use on any property to which City Water Utility Service is available, other than wells which serve a single-family buildable Lot (as defined in this Code), is prohibited, subject to the exceptions set forth in Section 78-26 (c). b. Private Wells for Domestic Use in existence on October 18, 2010, and Private Wells for Domestic Use installed subsequent to October 18, 2010 on properties to which City Water Utility Service is not available at the time of installation, may remain in use provided they comply with all applicable regulations, including but not limited to 42 USCS §300f — 300j-26 and Minn. Stat. §§144.381 to 144.387. C. "Private Wells for Domestic Use" shall mean any well not owned by the City Water Utility which is drilled or installed for potable water or irrigation purposes. "Private Wells for Domestic Use" shall not include wells drilled for such purposes as dewatering, groundwater monitoring, heating or cooling, elevator borings or environmental bore holes. Section 2. That this Ordinance shall take effect upon adoption. Passed and adopted by the City Council of the City of Elk River this 18th day of October, 2010. Stephanie Klinzing Mayor Attest: Tina Allard City Clerk GP:2862663 vl City Council Minutes Page 3 October 18,2010 THE MAKER AND SECONDER WERE AMENDABLE TO THE LANGAUGE CHANGES RECOMMENDED BY THE ATTORNEY. MOTION CARRIED 4-1. Councihmember Motin opposed. 5.3. Conditional Use Permit for Wrestling/Fitness Facility in Business Park Zoning District Spectrum School, Case No. CU 10-23—Public Heats' Mr. Barnhart presented the staff report. Mayor Klinzing opened the public hearing.There being no one to speak to this issue,Mayor Klinzing continued the public hearing to November 15,2010. 6.1. Transportation Enhancement Application Mr. Femrite presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO APPLY FOR A TRANSPORTATION ENHANCEMENT GRANT FOR THE EASTERN AREA TRAIL AND MOBILITY IMPROVEMENTS. MOTION CARRIED 5-0. 6.2. Water Ordinances Attorney Beck presented the staff report. A. Water Use Restrictions Councihnember Motin questioned if this ordinance would affect every single family home that has a private well. Attorney Beck stated it would and that the ordinance is drafted this way for ease of enforcement. He noted that heavy users, not single family homes, cause the biggest concerns for the aquifer. He stated the ordinance has two purposes; to protect water supplies and allow the utilities enforcement powers. Councihnember Motin questioned the difficulty of enforcement. Attorney Beck stated residents don't feel it's fair if their neighbors can sprinkle every day yet they can't. He also stated there is no reason for sprinkling every day and that ERMU has information for lawn watering techniques. Councihnember Motin questioned what type of notice a resident would receive. Attorney Beck stated the odd/even restrictions are in effect on a permanent basis. i CouncHmember Zerwas expressed concerns with the ordinance when there are so many single family homes that are not in the urban service district and suggested changing it. He expressed concern with telling property owners how to operate their private wells, especially when they aren't affecting the aquifer. i 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. City Council Minutes Page 5 October 18,2010 B. Private Wells for Domestic Use Attorney Beck presented the staff report and noted there is an alternative ordinance in the packet that would regulate private wells on properties in the urban service district. IIe stated the concern of the Utilities Commission is to protect the integrity of the water system and to protect the aquifer. Utilities Commission Chair John Dietz—Asked the Council to adopt the alternate version of the ordinance because the Utilities Commission hasn't reviewed the original j version which wouldn't grandfather in past wells. IIe expressed concerns with having to increase water rates if the utility loses its large water customers to private wells (leaving the single family homes to pay for it). He stated the Utility built a lot of infrastructure to accommodate these water users and can't afford to lose them. Councilmember Gumphrey expressed concerns with taxpayers having to pay for the infrastructure. Councilmember Zerwas and Westgaard concurred. Councilmember Westgaard stated he also has concerns with government regulating wells on private property. He noted the city's efforts may be better served through educational campaigns. He stated he understands the intent of the ordinance but believes we should find a different way to amend the ordinance so we are not regulating people too much but are still able to maintain the infrastructure. Attorney Beck clarified the differences between the ordinances. He stated that three- fourths of the water infrastructure is for summer usage. Councilmember Motin agreed with Councilmember Westgaard's comments. IIe suggested looking at this as it relates to high impact users and suggested a further review. Dave Berg,Water Superintendent—Further noted contamination concerns with well water. He discussed the financial concerns of the utility. Mayor Klinzing stated she is not interested in regulating everyone in the city and felt the focus should be on large water users. Ms.Johnson clarified that the infrastructure is paid for by water users and not taxpayers. She stated the demand for water use is what created the need for additional infrastructure. MOVED BY COUNCILMEMBER GUMPHREY TO ADOPT THE ALTERNATE VERSION OF THE ORDINANCE. Motion died for lack of a second. Councilmember Zerwas suggested removing the exceptions from the original version of the ordinance and adding it to the alternate version. A''ttorney Beck-stated Se"ctioii 8---26--(a) could have language added that refers to;single - ,family buildable lots., I City Council Minutes Page 6 October 18,2010 MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 10-21 AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD NEW SECTION 78-26 PROHIBITING PRIVATE WELLS FOR DOMESTIC USE ON PROPERTIES WITHIN THE CITY SERVED BY THE CITY WATER SYSTEM WITH THE CHANGES NOTED BY THE CITY ATTORNEY. Mayor Klinzing stated she would like have staff review this ordinance further and come back with other language. She stated she doesn't want to exclude users who are not just one buildable lot. She stated the city should look at degrees of users and the amount of water they are utilizing. Councilmember Westgaard disagreed and stated he would support the motion on the table with the understanding that the city needs to review this further. IIe stated citizens signed up for city water and so the city put the infrastructure in and we can't allow everyone to exit the back door and leave the city with the infrastructure and no way to pay for it. IIe suggested ERMU work with residents on a solution that will work for the city. Mayor Klinzing asked why this needed to be passed tonight if Councihnember Westgaard felt the same way. Councilmember Zerwas stated any townhouse group could go and put a well in this weekend if the city didn't pass the ordinance tonight. MOTION CARRIED 4-1. Mayor Klinzing opposed. Attorney Beck suggested the Council recommend that ERMU host a worksession to follow- up on the economics and the water table impacts. Councilmember Motin agreed and stated he would like affected parties to also be able to bring their information. 7.1. Budget Amendments Mr. Simon presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE BUDGET AMENDMENTS OUTLINED IN THE STAFF REPORT AS 2010 BUDGET AMENDMENT DETAIL. MOTION CARRIED 5-0. 7.2. Visioning and Goals Ms.Johnson presented the staff report. She reviewed Councilmember Motin's requested changes to the goals and noted staff was agreeable to those changes. It was noted there was a minor word jumble in the Opportunities goal which would be corrected. Ms.Johnson reviewed the original vision statement along with a possible compromise statement as Councilmember Motin and staff weren't agreeable on the language of the statement. She discussed the vision statement that was submitted by Councilmember Motin and the reasons why staff disagreed with it.