CR 08-040 Second Reading - Water SystemHoPKINs
April 10, 2008 Council Report 2008 -040
Proposed Action.
Overview.
Second Reading
Ordinance Amending Existing City Code Section 710, Water System
Staff recommends adoption of the following motion: Move that City Council adopt for
second reading Ordinance 2008 -998, amending City Code section 710.
This is the second reading and final adoption of an ordinance amending the 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, seeded areas and new 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, appeared in the April edition of the Hopkins
Highlights and is posted on the front page of the Hopkins web site. Additionally, a
Public Works brochure has been developed explaining the new mandatory restrictions.
Primary Issues to Consider.
• Summary of proposed revisions
Supporting information.
• Ordinance 2008 -998
Steven J. Stadler, Public Works Director
0 TY OF
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2008 -040
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, when establishing new turf
areas by seeding, 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. Whenever there is a fire in any area served by the public water system,
all lawn hoses, sprinklers, and other irrigation systems must be shut off and all
other unnecessary use of water must by stopped immediately.
Subd. 2. Whenever the City Manager determines that a shortage threatens the
City's water supply, the City Manager 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,
notwithstanding any provision of Subd. 3 to the contrary. No person may violate
the terms of this published notice. A notice of these special limitations shall
be mailed or delivered to a violator upon a first offense. The city may
discontinue water service to any customer who continues to cause or otherwise
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. on calendar dates ending in an odd
number for properties with street addresses ending in an odd number, or on
calendar dates ending in an even number for properties with street addresses
ending in an even number.
Subd 4. The restrictions established in 710.40, subd 3. do not apply to the use
of water:
Section 710 1
a) from a hose being held by a person during the entire time it is in
operation.
b) under the conditions of a permit issued by the public works director for
special situations such as the watering of new sod or when establishing new turf
areas by seeding.
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. 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 Section 710.40 is a petty
misdemeanor; however, a third or subsequent violation within a 12 month period is
a misdemeanor.
b) In addition, an administrative penalty may also be imposed for each
violation of the restrictions contained in Section 710.40. This administrative
penalty will be collected with water usage charges as a surcharge for the
premises where the violation occurred. The penalty will be $50 for the first
violation and will increase by $25 for each subsequent violation within a
calendar year. 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