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08-08-1988 CC MIN - SPECIAL SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL AUGUST 8. 1988 e Members Present: Mayor Gunkel. Counci1members Schuldt. Holmgren. and Dobe1 Members Absent: Counci1member Tra11e Also Present: Pat K1aers. City Administrator Pursuant to due call and notice thereof. the special meeting of the Elk River City Council was called to order by Mayor Gunkel at 12:00 p.m. Mayor Gunkel indicated that the purpose for calling this special meeting was to consider modifications to the water restriction ordinance that was adopted by the City Council on August 1. 1988. She indicated that this ordinance was adopted by the City Council as an emergency step designed to assist in water preservation during the drought period the state is experiencing. Because of the flow level of the Mississippi River has decreased dramatically. the Cities of Minneapolis and St. Paul have ordered watering bans and restrictions. The Elk River Utilities has requested voluntary watering restrictions and the City went an additional step by adopting an ordinance calling for a watering ban from 9:00 a.m. to 9:00 p.m. with no exceptions. The purpose of this meeting is to consider revising that ordinance to allow some exceptions to the watering ban. e The Mayor distributed a memo dated 8/8/88 that indicated her intent in initiating the watering restriction ordinance and some suggested exceptions to the watering ban. The City Council discussed the drought conditions in the state and the issue of whether or not water preservation was necessary in Elk River and whether or not the City of Elk River drawing water from its wells plays any role in river or lake levels. Counci1member Schuldt indicated his strong desire for a letter from the Municipal Utilities indicating their position on the need or lack of need for watering restrictions. When the ordinance was adopted on 8/1/88. the draft utility commission minutes were available and stated voluntary restrictions were requested. Mayor Gunkel expressed a concern that while water may be available this year. and the Utilities are experiencing no problems this year. that thought must be given as to what the situation will be if this condition remains for a number of years. She stated her belief that steps should be taken now to restrict water useage during this drought condition. If existing conditions continue for a long period of time our Utilities may experience significant problems in the future. The City Administrator indicated that the City Attorney is suggesting adopting a revised ordinace that provides the Council with the authority of issuing water restrictions if the need arises. Then restrictions could be placed on the citizens by way of a resolution. If such action is not taken. the only way the City can order water restrictions is by adopting an ordinance and then e Page 2 City Council Minutes August 8. 1988 e repealing the ordinance when the restrictions are to be lifted. The new ordinance would make the manner of placing restrictions and removing restrictions much easier to administer. The discussion again turned to the true need of water restrictions in Elk River in 1988 and the position of the Municipal Utilities on this issue. COUNCILMlMBER DOBEL MOVED TO ADOPT ORDINANCE 88-23 AN ORDINANCE REPEALING ORDINANCE 88-22 WHICH CALLED FOR CITY WATERING RESTRICTIONS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION FAILED 2-2. COUNCILMEMBER HOLMGREN AND MAYOR GUNKEL VOTED AGAINST THE MOTION. After further discussion on the City responsibility in this issue. it was the consensus of the City Council that the adoption of an ordinance which granted the City Council the authority to regulate and restrict water useage in the community was appropriate. In this manner. when a true emergency existed. such watering restriction steps could be taken in a more timely manner than going through the process of adopting an ordinance. Such an ordinance was not available for City Council review at this time. but would be available by Wednesday. 8/10/88. e It was the consensus of the City Council to continue this meeting until Wednesday to consider adoption of this type of ordinance. If such an ordinance is adopted on Wednesday. it was City Council consensus that the only restriction placed on Elk River citizens would be to limit yard watering from 9:00 a.m. to 7:00 p.m. (this allows watering two hours earlier in the evening than the previously adopted ordinance). The exceptions agreed upon by the City Council to such a watering ban would be for trees and shrubs and gardens where water is applied directly and not through a sprinkling system. Also new sod and athletic fields would be excepted from the watering ban. Counci1member Schuldt again expressed his desire for a letter from the Municipal Utilities on their position for the need of such a watering ban or restrictions in Elk River. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS SPECIAL CITY COUNCIL MEETING UNTIL 5:00 P.M.. WEDNESDAY. AUGUST 10. 1988. AT ELK RIVER CITY HALL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Since the special City Council meeting was continued until 8/10/88. there was no need for a motion to adjourn this meeting. The meeting ended at approximately 1:05 p.m. ~fll(/tU4s ~ Patrick D. K1aers City Administrator e