CONSENT AGENDA - Jon Haukaas, Director of Public Works
Title
Title
Second Reading
Amending Chapter 86 - Utilities, Amending Sec. 86-7. - Lawn Sprinkler Restrictions and Adding Sec. 86 - 13. - Regulating Nonessential Water Usage Upon Critical Water Deficiency of the Code of Ordinances of the City of Blaine
end
Executive Summary
First reading of this ordinance was held on July 7, 2021; no changes have occurred since first reading. This ordinance gives the City Manager or designee additional authority under the lawn sprinkler restrictions section (Sec. 86-7.c.5) to impose short term watering restrictions. This is necessary in the event the City begins to have in adequate supply due to excessive demand, over pumping of our aquifers, or equipment failures limiting our ability to meet the demands. Restrictions would need then be extended or cancelled at the next City Council meeting.
The ordinance also adds a Section 87-13 which provides the city with regulations to restrict nonessential water use in the event of a critical water deficiency emergency such as low levels of water in the state’s aquifers, contamination, or infrastructure failure. This section addition is a requirement of the Water Supply Plan adopted by the City Council at its April 5, 2021 meeting.
Background
Under Minnesota Statute section 103G.291 <https://www.revisor.mn.gov/statutes/?id=103G.291>, cities are required to adopt and enforce water conservation restrictions in the event of a critical water deficiency. The majority of water supply in Minnesota is from our normally abundant groundwater aquifers. Recent environmental issues have shown that groundwater impacts can affect aquifers that serve multiple communities. Protection of an aquifer or the communities served by it must be through an emergency declared at the state level by the Governor. Therefore adoption of a critical water deficiency ordinance has been made a condition of our water appropriation permit in order for the local agencies to be the communication, monitoring, and enforcement component of such an order. This ordinance also will provide significant benefit to the city to protect its water sources and supply in the event of local contamination or infrastructure failure.
Prior to a water emergency, municipal water suppliers must adopt regulations that restrict water use and outline the enforcement response plan. The enforcement response plan must outline how conditions will be monitored to know when enforcement actions are triggered, what enforcement tools will be used, who will be responsible for enforcement, and what timelines for corrective actions will be expected. Blaine does have ordinances that address a few issues and needs additional language to meet the needs of the appropriation permit requirements.
The League of Minnesota Cities, in cooperation with several other agencies, developed a model ordinance which staff has used as the basis of language for this action.
Upon the declaration of a critical water deficiency by the governor, the public water supplier shall immediately post notice of the emergency declaration at the usual meeting place of the city council, or the official city bulletin board. The city shall provide notification to the public as quickly as possible or through established water supply plans, emergency response plans, or procedures.
Strategic Plan Relationship
This action relates directly to the City of Blaine Strategic Plan Priority Item No. 6 - Well Maintained Infrastructure.
Board/Commission Review
N/A
Financial Impact
N/A
Public Outreach/Input
N/A
Staff Recommendation
By motion, hold second reading and adopt the proposed ordinance.
Attachment List
Draft ordinance
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in overstrike.)
Sec. 86-7. - Lawn sprinkler restrictions.
(a) The use of the municipal water system for lawn sprinkling shall be regulated as provided in this section. Lawn and garden sprinkling and the use of irrigation systems will be permitted for properties having odd numbered addresses only on odd numbered days and for properties having even numbered addresses only on even numbered days.
(b) From May 15 through September 15 lawn and garden sprinkling will be prohibited between the hours of 10:00 a.m. and 6:00 p.m. daily.
(c) Exceptions.
(1) This section does not apply to private wells.
(2) Employees and agents of the city in such instances wherein lawn, grass or turf used for athletic fields or areas owned and operated by the city require more frequent watering to prevent unreasonable damage thereto.
(3) Limited hand watering of plants, flowers, garden areas, trees using a hose.
(4) Watering of new landscaping, sod or seed within 30 days of installation.
(5) Lawn and garden sprinkling and the use of irrigation systems can be further prohibited as to hours and/or days if deemed necessary by the city manager or designated employee of the utilities division in order to maintain an adequate supply of water and continuity of essential public services.
(d) The penalty provisions of section 86-1 shall apply to violations of this section.
Sec. 86-13. - Regulating Nonessential Water Usage Upon Critical Water Deficiency.
This section establishes water conservation restrictions that will be in effect at any time the governor declares by executive order a critical water deficiency, pursuant to Minnesota Statutes section 103G.291.
(a) Definitions.
(1) Department means the city water department.
(2) Emergency means the declaration of a critical water deficiency by the governor.
(3) Irrigation means the watering of shrubs, trees, sod, seeded areas, gardens, lawns, or any other outdoor vegetation, except outdoor vegetation utilized for agricultural purposes.
(4) Notification to public means notification through local media, including interviews and issuance of news releases.
(5) Public water supplier means the city or other entity that owns, manages, or operates a public water supply, as defined in Minn. Stat. § 144.382, subdivision 4.
(6) Reclaimed water means water collected from rooftops, paved surfaces, or other collection devices and all water utilized more than once before re-entering the natural water cycle.
(7) Water Recirculation system means any system which enables a user to reuse water at least once prior to returning the water to the natural water cycle.
(b) Application.
(1) This ordinance applies to all customers of public water suppliers who own or control water use on any premises.
(2) No person shall make, cause, use, or permit the use of water received from a public water supply for residential, commercial, industrial, governmental, or any other purpose in any manner contrary to any provision in this ordinance.
(3) Mandatory emergency conservation measures shall be implemented based upon the declaration of a critical water emergency by the governor.
(c) Declaration of Critical Water Deficiency.
Upon the declaration of a critical water deficiency by the governor, the public water supplier shall immediately post notice of the emergency declaration at the usual meeting place of the city council, or the official city bulletin board. The city shall provide notification to the public as quickly as possible or through established water supply plans emergency response plans or procedures.
(d) Mandatory Emergency Water Conservation Measures.
Upon declaration of a water emergency and notification to the public, the following mandatory restrictions upon nonessential water use shall be enforced:
(1) Outdoor irrigation of yards, gardens, golf courses, parklands, and other non-agricultural land, except for those areas irrigated with reclaimed water, is prohibited.
(2) Washing or spraying of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited.
(3) The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.
(4) Restaurants and other food service establishments are prohibited from serving water to their customers, unless water is specifically requested by the customer.
(5) Operation of outdoor misting systems used to cool public areas is prohibited.
(6) The filling of swimming pools, fountains, spas, or other exterior water features is prohibited.
(7) The washing of automobiles, trucks, trailers, and other types of mobile equipment is prohibited, except at facilities equipped with wash water recirculation systems, and for vehicles requiring frequent washing to protect public health, safety, and welfare.
(e) Variances.
The City Manager or their designee, is authorized to grant variances to this ordinance where strict application of its provisions would result in serious hardship to a customer. A variance may be granted only for reasons involving health or safety. An applicant may appeal the denial of a variance within five (5) days of the decision by submitting a written appeal to the City Manager. The City Council shall hear the appeal at the next City Council meeting. The decision of the City Council is final.
(f) The penalty provisions of section 86-1 shall apply to violations of this section.
Secs. 86-13 14-86-40. - Reserved.