The URL can be used to link to this page

Home My WebLink About2012-12-19 PACKET 08.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 12/19/12 • • PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the ordinance amendment to City Code Title 8, Chapter 1, Water and Sewer Regulations, which would allow the Public Works Director to impose water emergency regulations and prohibit outdoor watering between noon and 4:00 p.m. STAFF RECOMMENDATION 1. Adopt the ordinance amendment to City Code Title 8 -1, Water and Sewer Regulations. 2. Adopt the resolution authorizing publication of the ordinance amendment by title and summary. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNTFUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ® ENVIRONMENTAL 12/12/12 ❑ ® ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Jennifer Levitt dated 12/14/12 ® RESOLUTION: Draft - Summary ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATOR'S COMMENTS ►, ity 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: Jennifer M. Levitt, P.E., City Engineer Date: December 13, 2012 Re: Water Conservation Ordinance Amendment Background The City of Cottage Grove, as a community public water supplier, was contacted by the Minnesota Department of Natural Resources (DNR) to inform the community of the current drought condition that exists within the State of Minnesota. According to the DNR, all of Minnesota is in at least the `drought watch phase.' This means that water suppliers need to be providing conservation information to their customers and re- questing them to implement voluntary measures to reduce water use. Almost one -third of the State is at the 'drought warning phase.' The Minnesota River Basin is close to reaching the 'restrictive phase' calling for implementation of a reduction goal of 25 percent. In a 'restrictive phase,' areas need to conserve water and minimize the non - essential water uses. Currently, the DNR is only asking the City to promote water conservation to our customers and review the State's Drought Plan. In order to comply with the DNR, the Environmental Commission reviewed the previous action that was taken on May 12, 2010, related to amendments to the City Code for additional water conservation measures. On December 12, 2012, the Commission made a recommendation to the City Council to adopt two additional ordinance regulations with a 4 -0 -1 (abstain): 1. Restrict watering by time of day. 2. Appoint the Public Works Director or designee to declare and impose a watering restriction for faster response to a water shortage. The City Council, on June 2, 2010, tabled the action to implement the water conservation measures until further discussions about pumping reductions at the 3M Woodbury Disposal site were resolved. Discussion The City has a Water Supply and Conservation Plan related to supplying municipal water to the community. As part of the plan the Department of Natural Resources has provided two recommendations. The first is to implement an ordinance that restricts watering by time of day. This is above the odd /even watering ban that the City currently has in place. The proposed Environmental Commission Water Conservation Ordinance Amendment December 6, 2012 Page 2 ordinance change would prohibit watering between noon and four o'clock. The enclosed ordin- ance amendment helps to achieve further water conservation. As part of the City's Water Supply and Conservation Plan there is an emergency component which indicates the City Council may impose emergency regulations pertaining to the conser- vation of water. The DNR suggests the City put measures in place to quickly address a water shortage emergency. The attached ordinance change would allow the Public Works Director to determine if a shortage of water threatens the City and to issue a notice without having to con- vene a special meeting of the Council. This ordinance language has become typical in other cities in the metro area. As part of the ordinance change the City will work to develop a policy and procedure to outline the triggers that would start the rationing of water. Recommendation It is recommended to approve City Code Title 8, Chapter 1, Water and Sewer Regulations, as presented in the attached ordinance amendment. ORDINANCE NO. XXX 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING CITY CODE TITLE 8, CHAPTER 1, SECTION 9: WATER AND SEWER REGULATIONS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT Title 8, Chapter 1, Section 9; Sub - section A, is amended and shall read as follows: 8 -1 -9: Water Conservation: A. Emergency Regulations: The City's Director of Public Works or assigned designee may impose emergency water usage regulations peFtain;ng to th of water h„ reset Loon of the ,,, +„ nog, RG il and by limiting the times and hours, or completely prohibiting water use of the city's water system for sprinkling lawns, landscaping and gardens, irrigation, and other uses. The City's Director of Public Works or assigned designee must giving give notice by publication or by posting in the City Hall and at other public places. as the pity not nGil may diron+ (1071 Code § 26 17) SECTION 2. AMENDMENT Title 8, Chapter 1, Section 9; Sub - section B, is amended and shall read as follows: 8 -1 -9: Water Conservation: B. Watering Lawns and Gardens: 1. The watering and sprinkling of lawns and /or gardens from a municipal water supply system shall be permitted on even numbered days for property with even numbered addresses and on odd numbered days for property with odd numbered addresses; except, that any property may be watered on the thirty first day of any month. 2. Outdoor watering is prohibited between the hours of twelve o'clock (12:00) noon and 4:00 PM. 23. The foregoing limitations shall apply only to property served by city water. * V 4 elatien of this subSeGt sha G a pe tty m (Ord. 60 9 21 1994} Fees for violating a watering ban or the restrictions imposed by this subsection are established by City Council resolution. Ordinance No. XXX Page 2 of 2 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 SECTION 3. AMENDMENT Title 8, Chapter 1, Section 9; is amended by adding Sub- section C and shall read as follows: 8 -1 -9: Water Conservation: C. Exempt Watering Activities: 1. Hand watering flower beds, washing vehicles, and water apparatus' used by children laving are exempt from the even -odd day and time of day watering bans. 2. Watering lawns and landscaping for the first thirty (30) days after the establishment or planting of new lawns or landscaping is permitted with a permit from Public Works. Section 4. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this 19th day of December, 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2012 -XXX RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XXX BY TITLE AND SUMMARY 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, 12800 Ravine Parkway South. Passed this 19th day of December 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk