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4.3 ERMUSR 07-13-2021______________________________________________________________________________ Page 1 of 2 UTILITIES COMMISSION MEETING TO: ERMU Commission FROM: Michelle Canterbury – Executive Administrative Manager MEETING DATE: July 13, 2021 AGENDA ITEM NUMBER: 4.3 SUBJECT: Water Use Restrictions Policy ACTION REQUESTED: • Adopt Resolution No. 21-13 Imposing Water Use Restrictions Within the City of Elk River and Designating the General Manager Authority to Impose Additional Temporary Water Use Restrictions (Option 1 or Option 2) • Approve the proposed changes to Policy G.4o1 Water Use Restrictions (Option 1 or Option 2) BACKGROUND: In 2017, the commission worked with staff and a consulting firm to develop governance policies based on the Carver Model of governance. In 2019, an initiative was created to develop a migration plan for relevant old policies to become part of the new Commission Policy Manual, confirm delegation of authority to management for old policies that are not governance, and eliminate or remove documents that are not policy. At the December 12, 2019, commission meeting, the commission addressed the electric and water sections of the old policy manual and approved the move of seven policies to the Commission Policy Manual, one of those being the Water Use Restrictions Policy. DISCUSSION: The final step of the policy manual initiative is the review of policies transferred over to the Commission Policy Manual. The review process includes making any necessary updates, formatting, and creating new policies that were identified. Any proposed changes or new policies will be presented to the commission for consideration and approval. After review of the G4o.1 Water Use Restrictions Policy that was transferred over to nest under G.4o Environmental Stewardship, we discovered some necessary updates that were further prompted by a large spike in outdoor water use, and the importance of ensuring sufficient water supply for essential needs. Due to the high temperatures and drought like conditions, many cities have been forced to issue complete outdoor watering bans, and currently the way our policy and resolution are written, in the case of an emergency where a ban may need to be imposed, the General Manager (GM) has not yet been designated the authority to do so. To address the designation along with any exemptions from the time-of-day and odd/even sprinkling restrictions, staff has prepared two proposed policy options with corresponding resolutions for commission consideration. 66 ______________________________________________________________________________ Page 2 of 2 Option 1 is very similar to our current resolution adopted in 2009, with the exception of the addition of designating the GM the authority to impose additional temporary restrictions, and elimination of the section that states the restrictions do not apply to properties that ERMU has inspected and has confirmed have installed and are operating a “smart” irrigation system. The only exemption with this option is the restrictions do not apply to water from private wells. Option 2 also designates the GM the authority to impose additional temporary restrictions and eliminates the section that states the restrictions do not apply to properties that ERMU has inspected and has confirmed have installed and are operating a “smart” irrigation system. In addition to the water from private wells exemption, this option contains additional exemptions to the water use restrictions. Section 3 of the policy outlines the proposed exemptions. Attached for reference is Section 78 of the City of Elk River Code of Ordinance which addresses water use restrictions and enforcement. ATTACHMENTS: • Current ERMU Policy – G.4o1 – Water Use Restrictions • Current Resolution No. 11-04 Imposing Water Use Restrictions Within the City of Elk River • Proposed ERMU Policy – G.4o1 – Water Use Restrictions – Option 1 • Proposed ERMU Policy – G.4o1 – Water Use Restrictions – Option 2 • Resolution No. 21-13 Imposing Water Use Restrictions Within the City of Elk River and Designating the General Manager Authority to Impose Additional Temporary Water Use Restrictions – Option 1 • Resolution No. 21-13 Imposing Water Use Restrictions Within the City of Elk River and Designating the General Manager Authority to Impose Additional Temporary Water Use Restrictions – Option 2 • The City of Elk River Code of Ordinances – Chapter 78, Division 5. Restrictions and Enforcement – For reference only 67 G.4o1 – Water Use Restrictions 1.0 Procedure A. Until further notice, a sprinkling ban has been declared in Elk River. No sprinkling is allowed from 10:00 A.M. to 6:00 P.M. B. Those with even addresses may sprinkle before 10:00 A.M. and after 6:00 P.M. on the even days and those with odd numbered addresses may sprinkle before 10:00 A.M. and after 6:00 P.M. on odd numbered days. Adopted: May 19, 1998 68 RESOLUTION No. 11-DJ..1 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 ensure adequate water supplies to meet the health, safety and welfare needs of the City of Elk 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: I.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 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 numbered days of the month. c.These restrictions shall not apply to properties which Elk River Municipal Utilities has inspected and has confirmed have installed and are operating "Smart" irrigation systems. 2.These restrictions shall apply only to the use of water supplied by Elk River Municipal Utilities and shall not apply to water from private wells, whether those wells are located inside or outside of the Elk River Municipal Utilities water service area. However, all properties within the City of Elk River are strongly encouraged to follow these restrictions to preserve and protect the City's underground water supplies. 3.These restrictions shall remain in effect permanently, unless and until revoked or amended by resolution of the Board of Commissioners. 4.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.CURRENT69 5. 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. 6. This Resolution, No. 11-~ shall supplant and replace Board Resolution No. 09-= ~ ,adopted July 14, 2009. Adopted this 12th day of July, 2011 Dietz, Ch it Board of Commissioners Ells River Municipal Utilities GP2612429 ~2 CURRENT70 ______________________________________________________________________________ Page 1 of 2 COMMISSION POLICY Section: Category: Governance Delegation to Management Policies Policy Reference: Policy Title: G.4o1 Water Use Restrictions 1.0 PURPOSE In order to protect the health, safety, and general welfare needs of the City of Elk River and its residents, and to reduce peak demand on the water distribution system and promote water conservation, the Commission has imposed permanent restrictions on lawn sprinkling. 2.0 POLICY Pursuant to its authority under Section 78-51 of the City of Elk River Code of Ordinances, the Commission has adopted by resolution the following water use restrictions: A. No lawn sprinkling shall occur between the hours of 10:00 a.m. and 6:00 p.m. B. Use of the municipal water supply system for lawn sprinkling shall be limited to an odd- even schedule. Homes and businesses with addresses ending in an odd number may water on odd numbered days, and homes and businesses with addresses ending in an even number may water on even numbered days. Multi-family residences, businesses with multiple addresses, townhome associations with multiple addresses, and properties without an apparent address may water on odd numbered days. C. In addition to the permanent restrictions on lawn sprinkling outlined above, the Commission has designated to the General Manager the authority to impose additional temporary water use restrictions, such as a watering ban, until the Commission can meet to consider a resolution imposing temporary restrictions. 3.0 EXEMPTIONS These restrictions shall apply only to the use of water supplied by Elk River Municipal Utilities and shall not apply to water from private wells. 71 ERMU Commission Policy – G.4o1 Water Use Restrictions ______________________________________________________________________________ ______________________________________________________________________________ Page 2 of 2 4.0 PENALTIES Failure to comply with water use restrictions is a violation of City Code. In accordance with Section 78-52 of the City of Elk River City Code of Ordinances, fees and penalties for non- compliance may be assessed to the offending person, firm, corporation, or association. POLICY HISTORY: Adopted: May 19, 1998 Revised: July 14, 2009 Revised: August 11, 2009 Revised: July 12, 2011 Proposed Revisions: July 13, 2021 72 ______________________________________________________________________________ Page 1 of 2 COMMISSION POLICY Section: Category: Governance Delegation to Management Policies Policy Reference: Policy Title: G.4o1 Water Use Restrictions 1.0 PURPOSE In order to protect the health, safety, and general welfare needs of the City of Elk River and its residents, and to reduce peak demand on the water distribution system and promote water conservation, the Commission has imposed permanent restrictions on lawn sprinkling. 2.0 POLICY Pursuant to its authority under Section 78-51 of the City of Elk River Code of Ordinances, the Commission has adopted by resolution the following water use restrictions: A. No lawn sprinkling shall occur between the hours of 10:00 a.m. and 6:00 p.m. B. Use of the municipal water supply system for lawn sprinkling shall be limited to an odd- even schedule. Homes and businesses with addresses ending in an odd number may water on odd numbered days, and homes and businesses with addresses ending in an even number may water on even numbered days. Multi-family residences, businesses with multiple addresses, townhome associations with multiple addresses, and properties without an apparent address may water on odd numbered days. C. In addition to the permanent restrictions on lawn sprinkling outlined above, the Commission has designated to the General Manager the authority to impose additional temporary water use restrictions, such as a watering ban, until the Commission can meet to consider a resolution imposing temporary restrictions. 3.0 EXEMPTIONS Although the following are exempt from the water use restrictions, users are encouraged to employ water efficiency to the greatest extent possible. 73 ERMU Commission Policy – G.4o1 Water Use Restrictions ______________________________________________________________________________ ______________________________________________________________________________ Page 2 of 2 A. These restrictions shall apply only to the use of water supplied by Elk River Municipal Utilities and shall not apply to water from private wells. B. Watering of shrubs, flowers, or other landscaping vegetation is permitted when done by hand and the watering device is personally tended. C. Property owners with new sod, seed, or landscaping do not need to follow the odd-even restrictions during the first 30 days after planting. However, they must still abide by the midday ban from 10:00 a.m. to 6:00 p.m. D. Property owners who intermittently use their outdoor water system exclusively for recreational use such a filling a swimming pool or washing a vehicle are exempt from the restrictions. E. City and school athletic fields, golf courses, commercial nurseries, agricultural and horticultural businesses are exempt from the restrictions. 4.0 PENALTIES Failure to comply with water use restrictions is a violation of City Code. In accordance with Section 78-52 of the City of Elk River City Code of Ordinances, fees and penalties for non- compliance may be assessed to the offending person, firm, corporation, or association. POLICY HISTORY: Adopted: May 19, 1998 Revised: July 14, 2009 Revised: August 11, 2009 Revised: July 12, 2011 Proposed Revisions: July 13, 2021 74 RESOLUTION NO. 21-13 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION IMPOSING WATER USE RESTRICTIONS WITHIN THE CITY OF ELK RIVER AND DESIGNATING THE GENERAL MANAGER AUTHORITY TO IMPOSE ADDITIONAL TEMPORARY WATER USE RESTRICTIONS WHEREAS, Section 78-51 of the City of Elk River Code of Ordinances authorizes the Board of Commissioners of Elk River Municipal Utilities to invoke water use restrictions to ensure adequate water supplies to meet the health, safety and welfare needs of the City of Elk River and its residents; and WHEREAS, Section 78-51 of the City of Elk River Code of Ordinances authorizes the Board of Commissioners of Elk River Municipal Utilities to designate the general manager authority to impose additional temporary water use restrictions until the Commission can meet to consider a resolution; and WHEREAS, the Board has determined it necessary to impose permanent restrictions on lawn sprinkling 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 occur between the hours of 10:00 a.m. and 6:00 p.m. B. Use of the municipal water supply system for lawn sprinkling shall be limited to an odd-even schedule. Homes and businesses with addresses ending in an odd number may water on odd numb ered days, and homes and businesses with addresses ending in an even number may water on even numbered days. Multi-family residences, businesses with multiple addresses, townhome associations with multiple addresses, and properties without an apparent address may water on odd numbered days. 2. 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, and shall remain in effect permanently, unless and until revoked or amended by resolution of the Board of Commissioners. 75 3. In addition to the permanent restrictions, the Board of Commissioners designates to the general manager the authority to impose additional temporary water use restrictions, such as a watering ban, until the Commission can meet to consider a resolution imposing temporary restrictions. 4. These restrictions shall apply only to the use of water supp lied by Elk River Municipal Utilities and shall not apply to water from private wells, whether those wells are located inside or outside of the Elk River Municipal Utilities water service area. However, all properties within the City of Elk River are strongly encouraged to follow these restrictions to preserve and protect the City’s underground water resources. 5. 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. 6. This Resolution, No. 21-13 shall supersede and replace Resolution No. 11-04, adopted July 12, 2011. This Resolution Passed and Adopted this 13th day of July, 2021. John Dietz, Chair ____________________________________ Theresa Slominski, General Manager 76 RESOLUTION NO. 21-13 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION IMPOSING WATER USE RESTRICTIONS WITHIN THE CITY OF ELK RIVER AND DESIGNATING THE GENERAL MANAGER AUTHORITY TO IMPOSE ADDITIONAL TEMPORARY WATER USE RESTRICTIONS WHEREAS, Section 78-51 of the City of Elk River Code of Ordinances authorizes the Board of Commissioners of Elk River Municipal Utilities to invoke water use restrictions to ensure adequate water supplies to meet the health, safety and welfare needs of the City of Elk River and its residents; and WHEREAS, Section 78-51 of the City of Elk River Code of Ordinances authorizes the Board of Commissioners of Elk River Municipal Utilities to designate the general manager authority to impose additional temporary water use restrictions until the Commission can meet to consider a resolution; and WHEREAS, the Board has determined it necessary to impose permanent restrictions on lawn sprinkling 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 occur between the hours of 10:00 a.m. and 6:00 p.m. B. Use of the municipal water supply system for lawn sprinkling shall be limited to an odd-even schedule. Homes and businesses with addresses ending in an odd number may water on odd numbered days, and homes and businesses with addresses ending in an even number may water on even numbered days. Multi-family residences, businesses with multiple addresses, townhome associations with multiple addresses, and properties without an apparent address may water on odd numbered days. 2. 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, and shall remain in effect permanently, unless and until revoked or amended by resolution of the Board of Commissioners. 77 3. In addition to the permanent restrictions, the Board of Commissioners designates to the general manager the authority to impose additional temporary water use restrictions, such as a watering ban, until the Commission can meet to consider a resolution imposing temporary restrictions. 4. The following are exempt from the water use restrictions: A. These restrictions shall apply only to the use of water supp lied by Elk River Municipal Utilities and shall not apply to water from private wells, whether those wells are located inside or outside of the Elk River Municipal Utilities water service area. However, all properties within the City of Elk River are strongly encouraged to follow these restrictions to preserve and protect the City’s underground water resources. B. Watering of shrubs, flowers, or other landscaping vegetation is permitted when done by hand and the watering device is personally tended to. C. Property owners with new sod, seed, or landscaping do not need to follow the odd-even restrictions during the first 30 days after planting. However, they must still abide by the midday ban from 10:00 a.m. to 6:00 p.m. D. Property owners who intermittently use their outdoor water system exclusively for recreational use such a filling a swimming pool or washing a vehicle are exempt from the restrictions. E. City and school athletic fields, golf courses, commercial nurseries, agricultural and horticultural businesses are exempt from the restrictions. 5. 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. 6. This Resolution, No. 21-13 shall supersede and replace Resolution No. 11-04, adopted July 12, 2011. This Resolution Passed and Adopted this 13th day of July, 2021. John Dietz, Chair ____________________________________ Theresa Slominski, General Manager 78 • 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 restrictions 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. (Ord. No. 09-02, § 1, 3-2-2009; Ord. No. 10-20, § 1, 10-18-2010) • 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 wate r 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 may be shown by the fact that prior warning was delivered to the person or to an occupant of the premises to be assessed. (Ord. No. 09-02, § 1, 3-2-2009) • Sec. 78-53. - Enforcement. This article shall be enforced by appropriate ERMU or city personnel i n accordance with city ordinances. (Ord. No. 09-02, § 1, 3-2-2009) 79