CR 08-035 1st Reading Ordinance Amending Existing City Code Sec 710, Water SystemHOPKINS
March 26, 2008 Council Report 2008 -035
Proposed Action.
Staff recommends adoption of the following motion: Move that City Council adopt for
first reading Ordinance 2008 -998, amending City Code section 710.
Overview.
First Reading
Ordinance Amending Existing City Code Section 710, Water System
Staff proposes the City Council amend the existing City Code Section 710, Water
System to institute mandatory watering restrictions. Currently, the City has only
voluntary watering restrictions asking residents to not water their lawns during the
afternoon hours and to follow an odd /even regimen. The proposed change would make
the watering restrictions mandatory year- round. These restrictions closely match the
watering restriction programs of our neighboring cities. The program will help residents
to conserve and it will also attenuate peak water demand rates thus reducing the strain
on city pumping equipment. The proposed program allows exceptions for new sod and
landscaping and also permits the city to assess penalties for violations. The proposed
policy change was announced via a March 20 guest column in the Hopkins SunSailor,
will appear in the upcoming April edition of the Hopkins Highlights and is posted on the
front page of the Hopkins web site.
Primary Issues to Consider.
• Summary of proposed revisions
Supporting information.
• Ordinance 2008 -998
Steven J. Stadler, Public orks Director
CITY O
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2008 -035
Page 2
Analysis of Issues
• Summary of proposed revisions
O No watering between 11 am - 5 pm
O Watering only on odd or even day of the month corresponding to the
property address
O exceptions for: hand watering or if no -cost permit is obtained by calling
Public Works (30 -day exclusion for new sod, landscaping, etc.) or
watering from a source other than city water
O Penalties: Staff proposes being lenient during the 2008 summer by
issuing two violation warnings before charging the $50 penalty on the
utility bill. Beginning in 2009 we would propose to drop to one warning
notice prior to the penalty fee.
O If a water shortage threatens the city, the city may by published notice
further limit water use to help ensure water is available for basic fire and
resident needs (710.40, subd 2).
710.40. Water use restrictions.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2008 -998
AN ORDINANCE AMENDING CITY CODE SECTION 710 WATER SYSTEMS, AS
DESCRIBED
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
Hopkins City Code Section 710 Water System
710.37. Right to shut off water or vary water pressure. The Public Works
department reserves the right, at any time when necessary and without notice, to
discontinue water supply or to vary water pressure for the purpose of making
repairs or extensions or for any other purpose deemed to be in the best interest
of the general public health and welfare. No claim shall be made against the
city for any damage that may result from shutting off water or from varying the
water pressure. The Public Works department shall give notice prior to shutting
off water if conditions are such that it is possible to do so. (Added Ord. #92-
711)
710.39. Pressure and supply not guaranteed. The Public Works department does
not guarantee the customer any fixed pressure or a continuous supply. In
emergencies water may be shut off without notice. (Added Ord. #92 -711)
Subd 1. When there is a fire in any area served by the water system, all lawn
hoses must be shut off and all other unnecessary use of water must by stopped.
Subd. 2. Whenever the city determines that a shortage of water supply threatens
the city, it may, by published notice, limit the times and hours during which
water may be used for lawn or garden watering, irrigation, car washing, swimming
pools, recreational use, air conditioning or other uses. No person may violate
the limitations after publication of the notice. Violators must be mailed or
have delivered a Notice of these special limitations upon first offense. The
city may discontinue water service to any customer who causes or permits water to
be used in violation of the provisions after notification of the first offense.
Subd 3. To conserve water resources and allow the city's water system adequate
opportunity to replenish the water supply in the city's water storage tanks,
certain limitations must be placed on the use of the city's water supply. At any
time of year, a person may only sprinkle or irrigate lawns, gardens, or other
planted landscaping or vegetation in the city:
a) Before 11:00 a.m. and after 5:00 p.m.
b) On calendar dates ending in an odd number on property with street
addresses ending in an odd number, or on calendar dates ending in an even number
on property with street addresses ending in an even number.
c) No use of water for these purposes may occur between the hours of 11:00
a.m. and 5:00 p.m. on any day or in violation of the odd /even system established
in paragraph b) above.
Section 710 1
Subd 4. The restrictions established in 710.40, subd 3. do not apply to the use
of water:
a) from a hose that a person holds by hand
b) under the conditions of a permit issued by the public works director for
special situations such as the watering of new sod
c) from a source of water other than the city's water system if the water
user has registered the other source with the city and obtained a water
appropriation permit if required under Minnesota Statutes and posted a sign
provided by the city that clearly informs the public of the alternative water
source.
d) The city reserves the right to inspect the property of any person that
is using water under an exception to ensure compliance with the exception
provisions.
Subd 5. Penalties.
a) A violation of the restrictions contained in 710.40 is a petty
misdemeanor, except that a violation that is preceded within the previous 12
months by two or more violations of 710.40 is a misdemeanor.
b) In addition, a civil penalty may be imposed for each day of violation.
This penalty will be collected with water usage charges as a surcharge for the
premises where the violation took place. The penalty will be $50 for the first
violation and will increase by $25 for each subsequent violation. The City
Manager or designee will mail a notice of surcharge to the violator upon
imposition of a surcharge. A surcharge may be appealed in writing within 20 days
to the Public Works Director. (Amended Ord. #2008 -998)
710.41. Disclaimer of liability. The Public Works department shall not be
held responsible by reason of the breaking of any service pipe or apparatus,
frozen water services, shut -off, fixtures within the premise, for failure in the
supply of water, or variances in pressure. (Added Ord. #92 -711)
710.43. Authority: manager. The manager, with the approval of the council,
may make rules and regulations supplemental and in addition to the terms and
provisions of this section regulating and governing the water works system and
the employees of the city working in, or assigned to the water utility
department. The manager may limit, regulate or prohibit the use of city water
furnished by the city water utility to any person and may, with the approval of
the council, issue orders or regulations from time to time prohibiting or
otherwise regulating the use of city- furnished water for sprinkling, air
conditioning or any other use which may in the opinion of the manager be
detrimental to the proper maintenance and functioning of the city water utility
system or to the health, safety and general welfare of the residents of the city.
(Amended Ord. #92 -711)
Section 710 2
First Reading:
Second Reading:
Date of Publication:
Date Ordinance takes effect:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
April 1, 2008
April 15, 2008
April 24, 2008
April 24, 2008
City Attorney Signature Date
Eugene J. Maxwell, Mayor
Section 710 3