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Memo - 2nd Reading for 2004-929 CITY OF HOPKINS . MEMORANDUM To: Hopkins City Council From: Jim Genellie Date: September 7, 2004 Subject: Second Reading of Ordinance 2004-929 Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2004-929 for second reading and order published and approve Resolution 2004-076 establishing a policy for issuing credits for meter replacement. This ordinance has not changed since the first reading. The City Council has determined that 1. there exists an unique circumstance wherein the City is requiring that old water meters be replaced with meters that can measure high and low flows and are capable of being read by radio . 2. although the City is only responsible for water meters that are one inch in diameter or smaller, that there exists a demonstrated similarity between single family homes that are owner- occupied or are capable of being owner-occupied and town homes and condominiums that are owner-occupied or are capable of being owner-occupied 3. during the next four years the City shall give a credit of $466.00, which is equal to the cost of a I" meter, to any town home or condominium association that replaces an old meter that is incapable of accurately measuring high and low flows and is not capable of being read by radio with a meter that can accurately measure high and low flows and is capable of being read by radio 4. during the next four years the City shall give a credit of $190.00, which is equal to the cost of a transponder for a I" meter, to any town home or condominium association that installs a transponder on a meter that is capable of accurately measuring high and low flows but is not capable of being read by radio 5. when a town home or condominium associations provide proof of meter replacement or transponder installation, the credit shall be issued in the form of a check. Attachments: . Ordinance 2004-929 . . Resolution 2004-076 . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2004-076 WHEREAS, The City of Hopkins is the owner of water meters one inch and smaller on structures located in the City of Hopkins; and, WHEREAS, The water meters owned by the City of Hopkins are located primarily on single family residential structures; and, WHEREAS, The City Council of the City of Hopkins has determined that the cUITent system of water meters used in Hopkins is inaccurate and inefficient; and, WHEREAS, The City Council of the City of Hopkins has determined that new water meters will substantially improve the accuracy of water meters; and, WHEREAS, The City Council of the City of Hopkins has determined that new teclmology in the form of radio equipped water meters will substantially improve the efficiency of reading the meters; and, WHEREAS, The City Council of the City of Hopkins has determined that the City of . Hopkins will incur the cost of converting the current water meters it owns to radio equipped meters; and, WHEREAS, The City Council of the City of Hopkins has determined that certain types of residential properties are served by a shared water meter not owned by the City of Hopkins; and, WHEREAS, The City Council of the City of Hopkins has determined that it is in the City of Hopkins' interest to expeditiously convert to radio equipped meters the shared water meters serving residential units that are owner-occupied or are capable of being owner-occupied; and, WHEREAS, The City Council of the City of Hopkins has determined that it is appropriate to defray some of the cost of converting shared water meters serving residential units that are owner-occupied or are capable of being owner-occupied. WHEREAS, The City Council of the City of Hopkins has detennined that residential units such as apartment buildings, which are not owner-occupied or capable of being owner-occupied, are primarily commercial structures and therefore, like other commercial structures, are not eligible to receive the credit for converting to radio equipped water meters. . ----- . NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby adopts the following policy: For each water meter not owned by the City of Hopkins that serves residential units that are owner-occupied or are capable of being owner-occupied, the City of Hopkins shall provide a credit for replacing old water meters with new meters that are more accurate and that have transponders to allow for radio read. The credit shall be $466.00 which is equal to the approximate cost incurred by the City of Hopkins to convert a one inch water meter in a single family residence to a radio equipped meter. In the case where a water meter already has been replaced with a new meter that is capable of being fitted with a transponder, the credit shall be $190. To qualify for the credit, single meters must be replaced not later than December 31,2005. Homeowner associations replacing 15 or more meters would be eligible for the credit only if all meters were replaced not later than December 31,2008. All other meters eligible for the credit must be replaced not later than December 31, 2007, to receive the credit. Upon proof of completion of the conversion to a radio equipped water meter, the City of Hopkins will issue a check for the appropriate amount. Adopted by the City Council ofthe City of Hopkins this 7th day of September, 2004. By . Gene Maxwell, Mayor ATTEST: TeITY Obermaier, City Clerk . . 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 transpander(s) approved by the City. AU meters that are two (2) inches or larqer shall have a transponder for each reaister, 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 larqer than 1" in diameter, in advance_ Tile owner afl8-shall ensure that the meter and transponder :md outside remote metar are readily accessible to city staff, with . a twelve (12) inch clear radius around the meter and transponder. to city staff.(Amended Ord. #97-798) Subd. 8. Accossible ,'\rea. Need to add somothing regarding the actual water meter nnd transponder units inside the property. The outside remote shall be pl3cad no lower than four feet from ground level and located in an accessible area. Tho city may allow it to be under three feet, under certain conditions that are approved by the City Manager or his/hor designee_ The area must be visible for meter reading purposes 3nd maintenance purposes. An in3ccessible outside remote is one 't/hieh is less th::m three feet above grade, 'Nithin a fenced area, behind shrubs, vegetation or debris, belo'N decks, or witA-i-R an enclosed are3. The owner or occupant of the property shall maint3in such are3S in a claan 3nd safe S9flGition for the meter re3der at all times and shall not allow sno'N, ice or other debris to remain in the area. These requirements shall apply to all 0xisting or no'.vly installod outside meter remotes ~md transponder. Failuro to respond to the city's request to relocate :m outside remote reader or otherwise not granting permission to the city to relocate the outside remote moter foHowing 30 day written notice will result in a $10.00 seNies charge per subsoquent meter readings. (,h,dd€d Ord. 1/97798) SY-bEl, 9. Movina Outside Remote. The outside remote shall not be moved or removed from the property without proper authoriz::Jtion from the City Manager or his/her designee. If the outside remote has been moved or remo'Jed without authorization, tho property owner 'Nill be charged for the cost ef relocation or replacement of remote unit (/l.ddod Ord. #97 798) New Subd. Mavinq Transponder Unit. The transponder unit shall not be moved or removed from the property without proper authorization from the City Manaqer or his/her desiqnee. If the transponder or wires connectinQ to the meter have been moved or removed without authorization, the property owner wiH be charqed 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 Tamperina. Except for extinguishing fires, no person except authorized city employees may use water from the water system of the city or permit 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 or his/her desiqnee. Violation of this section shall subject the property owner to a fee of ( $50- ). Violation may also result In the discontinuance of water service either by shuttinq off the water at the stop box or by severino the seNice 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 selVice are paid. includinq the fee for interferinQ with a meter, if applicable; (2) All charaes for reinstitution of water service are paid. New 710.30. Meter Responsibilitv & Testing. The city will maintain and repair or replace all ~ residential meters up to and includina 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 W~B!:e-F-S are the propert of the city, and may be replaced or changed by the Water Su erintendent when necessa Repair and maintenance of all meters o'v'er 5/8" over one (1) inch shall be the responsibility of the property owner. Maintenance of meters over 5!B" 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 Cltv Public Works Department or Finance Department to ensure water meterina accuracy or to maintain compatibility with a city meter readinq proqram and technoloay and submittal of test results to the city's billing department demonstrating meter is accurate. ,1\11 5!8" meters up to and including (1) one inch '!later meters ::lfe the proporty of the city, and may be repl3ced or changed by the VVater Superintendent when necossary. Failure to allow the city access to the water meter for inspection or repair purposes, or failure to test and repair ~ meters over 5/8" 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 gaHons of city water furnished from time to time shall be determined 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 e#Re-f every month. or every qU3rter. (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 maximum dailv water usage be established based on the 3verage daily water consumption in the month or quarter ending in January. February, or March. In cases of new construction, Bf-additions or vacated properties to :In,' Fa5i4eOOa-l----tl-FH-t, the average water consumption is to be determined by the first 30 day period following its completion or occupancy until the next ensuing month or qU:::lrter ending in-January. Fobruary or March. Whenever such average water consumption of any such single family dwellings during the months or qu::nters ending in January, February or March 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 sorinklinq purposes shall not have a dailv 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: August4,2004 Date of Publication: August 12, 2004 BY Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date .