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HomeMy WebLinkAbout2010-06-02 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/2/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider adopting a water conservation ordinance amendment allowing the Public Works Director to impose water emergency regulations and to prohibit outdoor watering from the City's water system between noon and 4:00 p.m. 2. Consider authorizing the publication of this water conservation ordinance amendment by title and summary. STAFF RECOMMENDATION 1. Adopt the water conservation ordinance amendment. 2. Adopt the resolution authorizing publication of the ordinance amendment by title and summary. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ® ORDINANCE: Draft ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ LEGAL RECOMMENDATION: ❑ ❑ PUBLIC WORKS ❑ ❑ ADMINISTRATORS COMMENTS ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ® ENVIRONMENTAL 5 -12 -10 ❑ ® ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 5/26/10 ® RESOLUTION: Draft - Ordinance Summary ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 5/12/10 Environmental Commission Minutes ADMINISTRATORS COMMENTS k 4 1 City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED OTHER CITY OF MINNESOTA COTTAGE GROVE TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: May 26, 2010 RE: Proposed Water Conservation Ordinance Amendment r • s • - The City has initiated an amendment to the City's Water Conservation Ordinance to allow the City's Director of Public Works or assigned designee to limit the times and hours or completely prohibit water use from the city's water system for sprinkling lawns, landscaping and garden, irrigation and other uses during an imposed water usage emergency. Environmental Commission Review The Environmental Commission reviewed the proposed water conservation ordinance amend- ment at their regular meeting on May 12, 2010. No public comments were received. The Envi- ronmental Commission unanimously (5 -to -0 vote) recommended approval of the proposed ordinance. A copy of the draft ordinance amendment and an excerpt from the Environmental Commission's unapproved minutes are attached. s t The Department of Natural Resources (DNR) provided two recommendations regarding the City's Water Supply and Conservation Plan. They suggested that the city consider adopting the following regulations: 1. Restrict watering by time of day. 2. Faster implementation of any water shortage emergency. City ordinance already imposes an odd -even watering ban for properties using the city's water system. This regulation allows properties with an even number address to water lawns and gardens on even numbered days and odd numbered addresses water on odd numbered days. The proposed ordinance amendment further restricts water usage by prohibiting outdoor watering between noon and 4:00 p.m. The purpose of this restriction is to prevent watering during hours of rapid evaporation. These regulations apply only to properties that utilize the Honorable Mayor, City Council, and Ryan Schroeder Water Conservation Ordinance — Proposed Amendment May 26, 2010 Page 2 of 2 city's water system. Properties with a private well and agricultural irrigation systems are not bound by these regulations. The proposed ordinance also provides an exception to these regulations. Hand watering flower beds, washing vehicles, water apparatus used by children playing, and new lawns or landscap- ing are exempt from the odd -even and time of day watering ban. A permit from the Public Works Department is required for watering new lawns and landscaping for the first 30 days after their establishment. The current ordinance stipulates that the City Council imposes emergency regulations. In order to quickly implement a water emergency shortage, the proposed ordinance amendment allows the Director of Public Works or designee to declare and impose watering restrictions. If a water shortage emergency is declared, timely implementation is critical. That the City Council adopt an ordinance amendment to the Water Conservation Ordinance regulations to allow the Director of Public Works or designee to impose water emergency regulations and prohibit outdoor watering from the City's water system between noon and 4:00 o.m. 2. Adopt a resolution authorizing the publication of this Water Conservation Ordinance amendment by title and summary. 1 ORDINANCE NO. XXX 2 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING 4 TITLE 8, CHAPTER 1, SECTION 9; WATER AND SEWER REGULATIONS 5 OF THE CITY CODE 6 7 The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby 8 ordain as follows: 9 10 SECTION 1. AMENDMENT Title 8, Chapter 1, Section 9; Sub - section A, is amended 11 and shall read as follows 12 8- 1- 9; Water Conservation: 13 A. Emergency Regulations: 14 4- The City's Director of Public Works or assigned designee city council may 15 impose emergency water usage regulations peFtaining tG the Rservat , 16 of water by reselutien ef the City GOURGii and by limiting the times and hours. 17 or completely prohibiting water use of the city's water system for sprinklin 18 lawns, landscaping and gardens, irrigation, and other uses. The City's 19 Director of Public Works or assigned designee must giving c ive notice by 20 publication or by posting in the City Hall and at -such other public places. as 21 the city n ..., Gil m direct (1971 Cede R 26 17) 22 23 24 SECTION 2. AMENDMENT Title 8, Chapter 1, Section 9; Sub - section B, is amended 25 and shall read as follows 27 B. Watering Lawns and Gardens: 28 1. The watering and sprinkling of lawns and /or gardens from a municipal water 29 supoly system shall be permitted on even numbered days for property with 30 even numbered addresses and on odd numbered days for property with odd 31 numbered addresses; except, that any property may be watered on the thirty 32 first day of any month. 33 2. Outdoor watering is prohibited between the hours of twelve o'clock (1, 200) 34 noon and 4:00 PM. 35 23. The foregoing limitations shall apply only to property served by city water. I 36 34. a petty m' dem. er (QFd 603 37 21 -199 Fees for violating a watering ban or the restrictions imposed by this 38 subsection are established by City Council resolution. 39 SECTION 3. AMENDMENT Title 8, Chapter 1, Section 9; is amended by adding Sub - 40 section C and shall read as follows: 41 8- 1- 9; Water Conservation: 42 C. Exempt Wa Activities: 43 1. Hand watering flower beds. washing vehicles and water apparatus' used by 44 children olaving are exempt from the even -odd day and time of day watering 45 bans. 46 47 2 Watering lawns and landscap for the first thirty (30) days after the 48 establishment or planting of n_e_w lawns or landscaping is permitted with a 49 permit from Public Works. 50 51 Section 4. Effective Date. This ordinance shall be in full force and effect from and after 52 its adoption and publication according to law. 53 Passed this day of 1 2010. 54 Attest: 55 56 57 58 Caron M. Stransky, City Clerk Myron Bailey, Mayor WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which amends City Code Title 8, Chapter 1, Section 9; Water and Sewer Regulations; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. This ordinance amends City Code Title 8 -1 -9, Water and Sewer Regulations. This amendment allows the City's Public Works Director to impose water emergency regulations and prohibit outdoor watering from the City's water system between noon and 4:00 p.m. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 2nd day of June 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk 0 ii • 1 ! • I I JAN 1 I Water Conservation Ordinance Amendment Levitt summarized the proposed water conservation ordinance amendment. She stated that nearly 54 percent of water usage in the city is for irrigation of landscaping. She explained that the ideal times to water lawns is prior to 8:00 a.m. and after 7:00 p.m. The proposed ordinance amendment maintains the even /odd watering ban that is currently in place and restricts watering from noon to 4:00 p.m. These restrictions are only for those who receive municipal water, not those with wells. She also explained that there are other times when watering is not necessary or desirable, including during the heat of the day, windy conditions, when it is raining, and freezing temperatures. Exempt activities include using the sprinkler for kids' play activities, car washing, watering gardens, and watering new sod installation. Another ordinance changes pertains to declaration of an emergency. Rather than convening the entire City Council to initiate restrictions on watering, it is proposed to allow the Public Works Director to make the determination to call a water emergency, which enables the city to respond quicker. McLoughlin stated that the memo states between noon and 5:00 but the ordinance states noon and 4:00. Levitt stated that change was made at the staff level after last month's meeting. McLoughlin had questions about the format of the proposed ordinance. Levitt responded that the format will be finalized prior to going to the City Council. McLoughlin then asked how staff plans to let the community know about the changes. Levitt stated that there would be information in the city's newsletter that is sent with the water utility bill, on the cable access channel, and possibly in the local newspaper. Gibson asked if the odd -even and the noon to 4:00 p.m. restriction would be in effect all the time and if the emergency regulations have additional restrictions. Levitt responded that the odd -even and noon to 4:00 would be year round and during emergencies, the Public Works Director, based on the severity of the conditions, could strictly enforce this ordinance or potentially bring additional measures. McLoughlin stated that he would like to strike the term "ban" and just "restrictions." Also, under Exceptions, he would like to remove the word "establishment" so it just reads "after planting," because "establishment" is not defined. Levitt stated that staff will make those changes prior to going to the ordinance going to the City Council. Isker made a motion to recommend approval of the ordinance amendment with the changes noted above. Gibson seconded. Motion passed unanimously.