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Home My WebLink About2008-006 Council Ordinances1st Reading: March 24, 2008 Publication: April 22, 2008 2nd Reading: April 14, 2008 Effective: May 22, 2008 Council Member Gallup moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 06-08 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, CHAPTER 400 WATER AND SEWER, BY AMENDING SUBDIVISIONS 1-4 UNDER SECTION 401.02, USE OF WATER RESTRICTED TO AUTHORIZED PERSONS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: The City Code of the City of Lino Lakes, Section 401.02, Use of Water Restricted to Authorized Persons, is amended as follows: Original Ordinance Amended Ordinance changes in bold italics. 400 Water and Sewer 401. Municipal Water System 401.01 General Operation. The city municipal water system (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this chapter. 401.02 Use of Water Restricted to Authorized Persons. No person shall make, construct, or install any water service installation or make use of any water service which is connected to the water system except in the manner provided in this chapter. Section 1. 401.02 of the City Code of the City of Lino Lakes is hereby amended to include the following: dek -- . WWI • — Subdivision 1. Seasonal Sprinkling Restrictions. To protect the health a OA •• • w •. • conservation, the City hereby adopts the following permanent sprinkling ban. The 0•:._ • ,. ..: 46 MI • .. • • :.% • • •• • • M. - is •• • -:::- each year; provided, however, that odd numbered property addresses may water on odd numbered days, and even numbered property addresses may water on even numbered Subdivision 1. Annual Water Use Restrictions. To protect the health and safety of the consumers and the general welfare of the City, and to encourage water conservation, the City hereby adopts the following permanent restrictions. a. The irrigating or watering of lawns and gardens is prohibited from May 15 to September 15 each year; provided, however, that odd -numbered property addresses may water on odd -numbered days, and even -numbered property addresses may water on even - numbered days. b. Homeowner's associations, apartment complexes or any property that provide a common irrigation system may water only every other day. c. Water can not be used for the purposes of irrigating or watering lawns, gardens, sod or seeded areas between 10:00 am and 6:00 pm daily and year around. Subdivision 2. Authority to Restrict Use. The City of Lino Lakes hereby reserves the right to limit the use of water from the City water supply and distribution system and to prescribe emergency conditions for use of water. The City Administrator or Director of Public Services may in his/her discretion implement emergency measures if necessary supplementing the water use ban under Subdivision 1 with a total prohibition on sprinkling. • :..:..: .:: :: b. Irrigating or watering of new landscaping, sod or seed within 28 days of installation. A permit for 28 Day New Landscaping, Sod or Seed watering will be required. c. Property owners using a private well for sprinkling; Subdivision 4. Violation. No person shall cause water to be used in violation of the provisions of this section. The first violation shall result in a $25 citation and a $50 subsequent citation for those individuals who repeat violations. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Jim 5 Attest Julianne Bartell` City Clerk Adopted by the Lino Lakes City Council this 14 day of April , 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Stoltz and upon a vote being taken thereon, the following voted in favor thereof: Gallup, Stoltz, Reinert, O'Donnell, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND REVISED AGENDA ITEM 5A Jim Studenski, City Engineer April 14, 2008 Second Reading: Ordinance No. 06-08, Amending the Lino Lakes City Code, Chapter 400, Water and Sewer, by amending subdivisions 1-4 under section 401.02, Use of Water Restrictions to Authorized Persons. 3/5 Vote Public water suppliers that service more than 1,000 people are required to have a Water Emergency and Conservation Plan approved by the Department of Natural Resources (DNR) (Minnesota Statutes 103G.291). The most recent Water Emergency and Conservation Plan update was adopted at the September 24, 2007 City Council Meeting. The Water Emergency and Conservation Plan adopted established conservation goals for the benchmarks listed below. The Department of Natural Resources (DNR) permit approvals will be based on meeting the specified benchmarks listed below. If water demands exceed Benchmarks for unaccounted water, residential per capita, and peak demands then permit approval will be contingent on implementation of one or more of the listed Conservation Goals until the benchmark is achieved. The City exceeds the DNR benchmarks for water use in three categories; (1) Residential Gallons Per Capita. Demand (GPCD), (2) Total Per Capita Demand, and (3) Peak Demands. Ordinance 06-08 addresses the following conservation goal set in the Water Emergency and Conservation Plan: Total Per Capita Demand a. Prepare a time of day lawn watering ordinances that restricts lawn watering during the daytime hours of 10:OOam to 6:OOpm. Attached is a copy of the ordinance. A public education program consisting of detailed information on the City website, the quarterly newsletter and a public notice will coincide with the implementation of this ordinance. This ordinance will require additional resources for enforcement. The penalties for violation of the ordinance will be $25 on a first offense and $50 for any subsequent violations in a year. Time of day lawn watering ordinances that restrict lawn watering during midday hours can lower water usage and reduce peak demands. Early morning is the best time to water for a healthy lawn. Public information programs and local ordinances that encourage lawn watering before 10:00 am and after 6:00 pm can improve lawn watering efficiencies by reducing water lost to evaporation and wind drift. Wind and evaporation during midday hours can remove up to 65% of sprinkling water meant for your lawn. RECOMMENDATION Staff recommends approving Ordinance No. 06-08, Amending the Lino Lakes City Code, Chapter 400, Water and Sewer, by amending subdivisions 1-4 under section 401.02, Use of Water Restrictions to Authorized Persons.