Loading...
ITEM 3.8 Irrigation Restriction Ordinance AmendmentA{ Ot�ceC_F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Utilities City Utility Manager Kurt February 22nd, 2016 Neidermeier PRESENTER(s): REVIEWED BY: ITEM #: Consent City Administrator Johnson 3.8 —Irrigation Restriction City Planner Licht Ordinance Amendment AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends amendment of Citv Code Section 6-1-7.D.2 and Section 6-1-8 as stated in attachment. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? BACKGROUNDMUSTIFICATION: The Water Emergency and Water Use Conservation Ordinance, Section 6-1-7 and 8 of the City Code provide regulation of water use and the ability to restrict irrigation use specifically. The City Council previously directed implementation of irrigation restrictions to support the Public Water System's ability to meet peak demands and for economic benefits now and in the future. The attached City Code amendment provides for enforcement actions for the regulation of irrigation restrictions necessary for their implementation. Highlights of the ordinance amendment include verbiage changes from watering and sprinkling to specify irrigation, the delivery method of initial violation as a warning through standard mail with presumption of receipt after three days and the imposition of violations within the same calendar year included to the utility bill for the account with reference to the Utility Billing Ordinance and Fee Schedule. SUPPORTING DOCUMENTS: X ATTACHED NONE A. Ordinance 2016-05 POSSIBLE MOTION -_ --- Please rd womotion as you would like it to appear in the minutes. Motion to adopt Ordinance 2016-05 establishing enforcement protocol for Water Emergency and Conservation. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES NA❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED oTABLED ❑ OTHER (List changes) COMMENTS: ORDINANCE NO.: 2016-05 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE RELATED TO IRRIGATION RESTRICTIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 6-1-7.D.2 of the City Code is hereby amended to read as follows: 2. REAGe of vielatleR will be given to the violator. Subsequent vielati-I mailed to the preperty owner. The City shall pFesurne FeGeipt ef the nOtiGe Of nr^h rive throe (3) days after mailing Violators will be notified prior to the imposition of a surcharge mailed to the property owner and the City shall presume receipt of the notice three (3) days after mailing. Subsequent violations in the same calendar year will result in the imposition of a surcharge to be included on the bill for the utility account to be paid in accordance with Section 6-2-3 of this Chapter. Section 2. Section 6-1-8 of the City Code is hereby amended to read as follows: 6-1-8: WATER USE CONSERVATION: To conserve water resources and allow the City's water system flexibility in meeting peak demands, certain limitations on the use of the City's water supply r+re en^„�lare hereby established: A. An odd -even sprin 4iqgirri ation restriction based on street addresses is in effect from May 1 to September 30 each year; Property owners with odd numbered addresses may water on odd calendar days and property owners with even numbered addresses may water on even calendar days. B. Homeowners' associations and apartment complexes that provide a common irrigation system shall waterirrigate only every other day. C. City water shall not be used for the purposes of irrigating or watering lawns, sod, or seeded areas between eleven o'clock (11:00) A.M. and five o'clock (5:00) P.M. daily. D. Sections 6-1-8.A to C of this Section do not apply in the following situations: Limited hand watering of plants using a hose or hand held watering container. 2. Wa�terirpglrriaation of new landscaping, sod, or seed within thirty (30) days of installation. 3. Waterieglrriaation from a source other than the City's water supply if the water useF has Fegistered the alternative SOUFGe with Wright County and the alternative source is allowed by the City Code and properly permitted by the State of Minnesota. Under this exemption, the City may inspect the property to ensure compliance. E. Penalties: 1 Failure to comply with restrictions imposed under this Section 6-1-8 shall result in a surcharge for water service for each violation in an amount established by Section 2-4-2 J of the City Code which will be added to the water bill for the property on which such violation occurs. 2. Violators will be notified prior to the imposition of a surcharge mailed to the property owner and the City shall presume receipt of the notice three (3) days after mailing Subsequent violations in the same calendar year will result in the imposition of a surcharge to be included on the bill for the utility account to be paid in accordance with Section 6-2-3 of this Chapter. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 ADOPTED by the City Council of the City of Otsego this 22"d day of February, 2016. ATTEST: Tami Loff, City Clerk 3 CITY OF OTSEGO BY: Vern Heidner, Acting Mayor