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CR 2004-128 2nd Reading 2004-929 CITY OF July 30, 2004 - Council Report 2004-128 . HOPKINS Second Reading Ordinance Amending Existing City Code Sections 710, Water System and 715, Sewer and Water Rates Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt for second readinq Ordinance 2004-929, amendinq City Code sections 710 and 715. Overview. City Council approved the first reading of this ordinance at the July 20 meeting. At the meeting, several business owners with properties requiring more than 20 meters requested an additional year to replace them. Staff concurred and City Council approved extending the replacement program for properties with more than 15 meters from three to four years. These changes will be incorporated into the program notice letters to be sent to property owners within two weeks. Staff has proposed amending existing City Code Section 710, Water System to allow for a citywide replacement program for commercial water meters. The replacement program is sought in order to: . 1) take advantage of current technology to ensure metering of low and high flows through large meters] 2) upgrade to radio-read meter system to complete city-wide conversion and improve meter reading efficiency, and 3) to ensure commercial water users are metered and billed with the same accuracy as residential users. Primary Issues to Consider. . Replacement program specifics Supportinq information. . Ordinance 2004-929 (j\& Steven J. Stadler] Public Works Director Financial Impact: $ 0 Budgeted: Y/N _Source: Related Documents (CIP, ERP, etc.): Notes: . . Counci I Report 2004-128 Page 2 Analysis of Issues . Replacement program specifics . Commercial property owners with a single meter would be required to replace their meter and/or radio-read transponder (if a newer, radio-read compatible meter) in 2005. Property owners with 2 - 15 meters would be allowed to replace all meters within a three year time period (2005-2007). Property owners with more than 15 meters would be allowed a fou r year time period (2005-2008) to replace all meters. . A no-cost water meter replacement permit, issued by Public Works, would be required prior to new meter installation. This will ensure the proper meter is purchased, establish inventory of new meters, help track program progress and allow timely inspection and transponder installation by utility division personnel. . . Property owners who do not replace their meters would be subject to a $100/month fine & meter reading fee. . All meters up to and including one (1) inch are the property of the city. . All meters greater than one (1) inch will be the responsibility of the property owner. . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2004-929 AN ORDINANCE AMENDING CITY CODE SECTIONS 710, WATER SYSTEM AND 715, SEWER AND WATER RATES The City Council of the City of Hopkins does hereby ordain: Section 1. Hopkins City Code Section 710 - Water System - Section 710.17, Subd. 7, 8 and 9 are hereby amended to read as follows: Subd.7. Meters. All meters shall be an approved brand that is compatible with the city's meter reading system and must measure by gallon units. A City permit from the Public Works Department is reQuired prior to the replacement of any commercial meter or any meter larQer than one inch. All meters must be equipped with a transponder(s) approved bv the City, All meters that are two (2) inches or larqer shall have a transponder for each reoister. one for hiqh flow and one for low flow, The approval of meters shall be made by the City Manager or his/her designee. No turbine meters shall be installed, unless it has been approved by the Utility Superintendent or an approved designee. The owner shall pay for the meter & transponder !:'I,i " in advance, iiv, C"{ji:t::'- ,:'",v-i--shall ._.._--'...."--.'--. ensure that the meter and transponder -'," are readily accessible to city staff, with . a twelve (12) inch clear radius around the meter and transponder, " (Amended Ord. #97-798) ",." , , ," New Subd, Movinq Transponder Unit. The transponder unit shall not be moved or temoved from the property without proper authorization from the City Manaqer or his/her desionee. If the transponder or wires connectinq to the meter have been moved or removed without authorization, the property owner will be charoed for the cost of relocation and/or replacement of the unit. (Added Ord, 2004) . . Section 2. Hopkins City Code Section 710 - Water System - Section 710.29 and 710.30 are hereby amended to read as follows: 710.29. Meter Tamperinq. Except for extinguishing fires, no person except authorized city employees may use water from the water system of the city or pennit water to be drawn therefrom, unless the water is metered by passing through a meter supplied or approved by the city, or unless the water is paid for on a flat rate basis when using a hydrant. No person may connect, disconnect, take apart, or in any manner change, or cause to change, or interfere with a meter or the action thereof unless authorized by the Water Superintendent rl! tJL~llt'J--.1esl~U}\.;t'. Violation of this section shall subiect the property owner to a fee of ( $'A;? ), Violation may also result in the discontinuance of water service either by sh uttinq off the water at the stop box or by severinq the service at the water main if the stop box is inoperable, Should the water service be discontinued, reestablishment may not be made until: (1 ) All charqes for discontinuance of the water service are paid, includinq the fee for interferinq with a meter, if applicable: (2) All charqes for reinstitution of water service are paid, (3) ANY OTHER INPUT? New 710,30. Meter Responsibilitv & Testinq, The city will maintain and repair or replace all residential meters UP to and includinq one ( 1) inch when rendered unserviceable through ordinary wear and tear. When replacement, repair or adjustment of a meter is rendered necessary by the act, neglect or carelessness of the owner or occupant of a premises, the expense caused the city thereby will be charged against and collected from the owner or occupant of the premises by a statement of charge itemizing the repairs. The property may be tagged and appropriately charged, and the water service may be disconnected until the cause is corrected and the charge collected. All" , residential meters up to and includinq one ( 1) inch ;,!.!i,+ !, 1(~;"1: are the prope of the city, and may be replaced or changed by . the W tel' Su erintendent whe e ess Repair and maintenance of all meters over one (1) inch shall be the responsibility of the property owner. Maintenance of meters over one (1) inch shall include: certification testing once every ten years or when deemed necessary by the city's utility billing department, necessary meter repairs to correct deficiencies, meter replacement when deemed necessary by the City Public Works Department or Finance Department to ensure water meterina accuracy or to maintain compatibility with a city meter readina proQfam and technoloay and submittal of test results to the city's billing department demonstrating meter is accurate, A>>- meters u j:}-tD and..inGiuoiH@-(-1-j-GFl-B--tHBh water meters are the property of the city, and may be repl:1ced or changed by the '.!Vater Superintendent when necessary. Failure to allow the city access to the water meter for inspection or repair purposes, or failure to test and repair illl meters after 30 days written notice from the city shall be considered an act of negligence and shall be subject to a fine of $100 per month including the 30 day notice period. A person violating this subsection is guilty of a misdemeanor and the superintendent may disconnect the water supply to such meter. (Amended Ord, #92-711) Section 3. Hopkins City Code Section 715 - Sewer and Water Rates - Section 715.03. Subd. 1 and 715.07. Subd, 1 are hereby amended to read as follows: 715.03, Water rates. Subd. 1. Metered Usage, The water rates per 1,000 gallons of metered water . usage shall be established by City Council resolution. The number of gallons of city water furnished from time to time shall be detennined by water meter readings, and if any such water is used on premises without a proper water meter or if the meter is out of order, the amount of water used at such interval shall ----------------------- --------- ---- . be determined by averaging previous water bills for that location with the same or similar use, or by the average amount of water consumed at other premises during a similar interval with a similar use or business, Meters may be read by officials of the water department ,;. every month (Amended Ord, #92-712) 715.07, Sanitary sewer; charges and rates. Subd. 1. Residential. The sanitary sewer rates, for residential customers shall be established by council resolution for each 1,000 gallons of metered water usage; provided that a dailv water usage be established based on the water consumption in the month ending in January. . In cases of new construction, ','f addition: :') 'ii:Y ,,::',iii":i~;;,! 'if':!, the average water consumption is to be determined by the first 30 day period following its completion or occupancy until the next ensuing month ending in January. GF- . Whenever such average water consumption of any such single family dwellings during the month ' ending in January .,','" is shown to be unfairly disproportionate because of the customer's methods or lack of operation or any other reason, then and in that event the water superintendent shall establish an average daily water consumption for the use of fair and suitable methods. The determination of the superintendent is final. Properties that have separate water meters for domestic and sprinklinq purposes shall not have a daily averaqe of usaqe set (Amended Ord. #99-828) Section 4. The effective date of this ordinance shall be the date of publication, First Reading: July 20, 2004 Second Reading: Aug ust 4, 2004 . Date of Publication: August 12, 2004 BY Eugene J. Maxwell, Mayor ATTEST: Terry Oberrnaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date .