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4.1. ERMUSR 02-15-2011i Elk River .~ Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Phone: 763.441.2020 Elk River, MN 5 5 3 30-0430 Pax: 763.441.8099 UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission David Berg -Water Superintendent John Dietz, Chair Troy Adams, P.E. - Director of Operations Daryl Thompson, Trustee Al Nadeau MEETING DATE: AGENDA ITEM NUMBER: Februar 15, 2011 4.1 SUBJECT: Review of City Ordinance 78-51 WATER USE RESTRICTIONS and Elk River Municipal Utilities' 2009 RESOLUTION IMPOSING WATER USE RESTRICTIONS WITHIN THE CITY OF ELK RIVER. BACKGROUND: In July 2009, as authorized under City Ordinance Section 78-51, the Utilities Commission adopted a resolution imposing water use restrictions. The motion to approve this resolution was carried by a 3-0 vote. The scope of 78-51 WATER USE RESTRICTIONS was reviewed by the Utilities Commission in September 2010. It was then proposed to the City Council in October 2010 to amend the scope of geogaphical azea subject to water use restrictions from the City water service area to all of the City limits. The Council chose not to make any changes to the ordinance at that time. At the December 2010 Utilities Commission meeting, the Commission directed staff to bring back for review the water use restriction resolution that had been adopted in 2009. At the January 2011 Utilities Commission meeting the Commission tabled this topic until Februazy. DISCUSSION: The attached 2009 RESOLUTION IMPOSING WATER USE RESTRICTIONS WITHIN THE CITY OF ELK RIVER did not required an amendment to the ordinance and is permanent until revoked or amended by Utilities Commission resolution. The Utilities had water restrictions in place prior to the adoption of this resolution. However, the adoption of this resolution enabled the enforcement of these water restrictions through Ordinance 78-52 PENALTIES. City ordinances 78-51 and 78-52 aze attached for Commission reference. At the pervious Commission meeting there was a general misunderstanding ofthe current state sprinkling restrictions. There were comments from the public in attendance that the Utilities did not have the authority to restrict water usage or sprinkling from private wells because the Council did not approve the proposed ordinance in October 2010. However, the current ordinance and resolution do invoke the sprinkling ban for all within the City of Elk River. The City Council chose not to adopt the sprinkling ban into ordinance but that has not revoked the resolution that the Utilities Commission adopted under the authority of City Ordinance 78-51. If the Utilities Commission intends to mirror the intent of the Council, the Commission will need to revise the resolution. The agenda item 4.1 memo and attachments from the January meeting when into detailed explanation some of the non-monetary justifications for the current resolution. If there were questions that had not been discussed prior to the topic being tabled, Staff will be able to address those on the night of the Commission meeting. There is currently legislative organization taking place at the State Capito] that is indirectly related to this topic. State Senate File 64 and State House File 135 propose modification to a City's statutory authority to regulate private wells within a City's boundaries. These files are attached for Commission review. ACTION REQUESTED: Because the issue of sprinkling is not seasonably urgent, Staff recommends tabling this topic temporarily to allow the League of Minnesota Cities to coordinate efforts and address the proposed legislation. THE CITY OF ELK RIVER -CODE OF ORDINANCES CHAPTER 78 UTILITIES ARTICLE II. WATER SYSTEM DIVISION 5 RESTRICTIONS AND ENFORCEMENT SEC. 78-51. WATER USE RESTRICTIONS. The public utility commission of the city is hereby authorized to invoke water use restrictions in cases of emergency to ensure adequate water supplies to meet the health, safety, and welfare needs of the city and its residents. Such water use restrictions shall be invoked by resolution of the public utility commission, and shall take effect immediately upon adoption of such resolution. The public utility commission may designate its general manager or water superintendent authority to impose temporary water use restriction until the commission can meet to consider a resolution. The penalties imposed below in section 78-52 may be invoked upon publication of the resolution imposing restrictions. SEC.78-52. PENALTIES. The first violation of the restrictions contained in this article shall subject the offending person, firm, corporation or association to a written warning. A second violation of the restrictions shall be a petty misdemeanor with a penalty of $50.00 and shall increase to the sum of $100.00 for the third violation. A fourth violation shall result in water shut-off with the reconnection fee to be paid by the offending property owner according to the policies of the public utilities commission. No penalty can be imposed unless a person had, or should have had, prior knowledge of the ordinance restrictions. This maybe shown by the fact that prior warning was delivered to the person or to an occupant of the premises to be assessed. RESOLUTION #09- BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A Resolution Imposing Water Use Restrictions Within the City of Elk River WHEREAS, Section 78-51 of the City of Elk River Code of Ordinances authorizes the Board of Commissioners of the Elk River Municipal Utilities to invoke water use restrictions to enswe adequate water supplies to meet the health, safety and welfare needs of the City of EIk River and its residents; and WHEREAS, the Board has determined it necessary to impose permanent restrictions on lawn sprinkling in order to ensure adequate water supplies to meet the health, safety and welfare needs of the City of Elk River and its residents. NOW, THEREFORE, BE IT RESOLVED 1. Pursuant to its authority under Section 78-51 of the City of Elk River Code of Ordinances, the Board of Commissioners hereby adopts the following water use restrictions: a. No lawn sprinkling shall be allowed on any day at any location within the City of Elk River between the hours of 10 a.m. and 6 p.m. b. Lawn sprinkling before 10 a.m. and after 6 p.m. will be allowed on properties with even numbered addresses on the even numbered days of the month, and on properties with odd numbered addresses on the odd nurttbered days of the month. 2. These restrictions shall remain in effect permanently, unless and until revoked or amended by resolution of the Board of Commissioners. 3. These restrictions shall take effect immediately upon adoption of this Resolution, as provided in Section 78-51 of the City of Elk River Code of Ordinances. 4. Penalties for violation of these water use restrictions shall be as set forth in Section 78-52 of the City of Elk River Code of Ordinances. Adopted this 14`h day of July, 2009. John Dietz, Chair Board of Commissioners Elk River Municipal Utilities GP:2612429 vl S.F. No. 64, as introduced - 87th Legislative Session (2011-2012) [11-0992] t~~ A bill for an act l.2 relating to natural resources; modifying authority to regulate wells; amending t.3 Minnesota Statutes 2010, sections 110A.02, subdivision 4; 412.221, subdivision i a 11. is BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: t.6 Section 1. Minnesota Statutes 2010, section 110A.02, subdivision 4, is amended to read: i7 Subd. 4. Works; system. "Works" and "system" include all lands, property, rights, t s rights-of--way, easements, and related franchises deemed necessary or convenient for their t y operation, all water rights acquired or exercised by the board in connection with works, i to all means of conserving, controlling, and distributing water, including, but not limited to t. t t outlets, treatment plants, pumps, lift stations, service connections, mains, valves, hydrants, tt2 uo blic wells, reservoirs, tanks and other appurtenances of public water systems. A work or t.t3 system may be used for domestic, commercial, industrial and stock watering purposes t to only and shall not be used for irrigation purposes. ~.ts Sec. 2. Minnesota Statutes 2010, section 412.221, subdivision 11, is amended to read: t.i6 Subd. 11. Waterworks. The council shall have power to provide and by ordinance t.t~ regulate the use of ublic wells, cisterns, reservoirs, waterworks, and other means of i is ublic water supply. Sec. 2. milalt I REVISOR CKM/RT 11-n992 7Lis Document cao be made available in alternative formats upon request State of Minnesota HOUSE OF REPRESENTATIVES E161TIY-SEVENTH SESSION HousE FILE No. 135 ]a¢uary 20, 201 ] Authored by Nackbarth The bill was Bead for the firs[ lime a¢d referred to We Committee o¢ Health a¢d Hwtun Services Reform t.t A bill for an act r2 relating to natural resources; modifying authority to regulate wells; amending t3 Minnesota Statutes 201Q, sections 110A.02, subdivision 4; 412.221, subdivision t.a 11. Is BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: t.6 Section 1. Minnesota S[amtes 2010, section 110A.02, subdivision 4, is amended [o read: 7.~ Subd. 4. Works; system. "Works" and "system" include all lands, property, rights, l s rights-of-way, easements, and related franchises deemed necessary or convenient for their 1.9 operation, all water rights acquired or exercised by [he board in connection with works, 1.t0 all means of conserving, controlling, and distributing water, including, but no[limited to t.t l outlets, treatment plants, pumps, lift stations, service connections, mains, valves, hydrants, l.lz up blic wells, reservoirs, tanks and other appurtenances of public water systems. A work or 1.13 system may be used for domestic, commercial, industrial and stock watering purposes t.ta only and shall not be used for irrigafion purposes. t.ts Sec. 2. Minnesota Statutes 2010, section 412.221, subdivision 11, is amended to read: t.t6 Subd. ] 1. Waterworks. The council shall have power to provide and by ordinance t.t7 regulate the use of up blic wells, cisterns, reservoirs, waterworks, and other means of t.ts ublic water supply. Sec. 2.