HomeMy WebLinkAboutOrdinance - 2-2019 - Amending City Code Chapter 3, Relating to Water Emergencies - 01/17/2019 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 3 RELATING TO WATER EMERGENCIES; AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That Chapter 3 of the City Code is hereby amended by deleting those words that are in
s#ikethfeugk font contained in brackets [ ] and adding those words that are underlined, to read as
follows:
CHAPTER 3
MUNICIPAL AND PUBLIC UTILITIES-
RULES AND REGULATIONS, RATES,
CHARGES AND COLLECTIONS
SECTION 3.01. DEFINITIONS
Subd. 8. "Irrigation" means the waterinp, of shrubs, trees, sod, seeded grasses, gardens, lawns,
or any other outdoor vegetation, except outdoor vegetation utilized for agricultural purposes.
Subd. 9. "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.
Subd. 10. "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.
SECTION 3.30. RULES AND REGULATIONS RELATING TO WATER SERVICE.
Subd. 6. Water Emergencies.
[A. Whenever- in the judgment ef the City Manager-, er- his designee, the water- pfesstife and
eA,ailable water- in the munieipal wa4ef system r-eaebes a level whieh endangers the pubW
health er- safety of fesidents a-ad eth . the City, he may deelafe a state ef w
effiergeney netice-thereof shall be-given-te-the-news media, and all of ers-of the �:•.
,
C4y's ffittnieipal wa4ef system ineluding, btnet lifnited to: (1) total pfoh b tion of
> ef iffigatien of lwwn,
wells, pipes, stefage,
f edit es f r a,,,.:ng stefing and distfibtAing, rate.
detefmined by r-eseltition ef the City Getineil whieh shall be added to the wa4ef bill fe
> ef his designee,
shall m
mailing by the Ci�y Manager-, of his designee.
Subdivisienj
A. Definition. For purposes of this subdivision, a "water emergency" means a critical water
deficiency declared by the Governor pursuant to Minn. Stat. § 103G.291 or a declaration
by the City Manager pursuant to subsection B of this subdivision.
B. Declaration. The City Manager is authorized to declare a water emergency when he or she
determines that the water pressure and available water in the City water system reaches a
level which endangers the public health or safety of residents and other persons in the City.
C. Notice. Upon the declaration of a water emergency by the Governor or the City Manager,
the City will immediately post notice of the emergency declaration on the principal City
bulletin board and on the front page of the City website. The City will notify the public as
quickly as possible of applicable water supply plans, emergency response plans, and
procedures.
D. Prohibited Uses. Upon declaration of a water emergency and notification to the public, the
following uses of water, whether from the City water system or a private water supply, are
prohibited as long as the water emergency remains in effect:
l. Irrigation of yards, gardens, golf courses, parklands, and other non-agricultural
land, except for those areas irrigated with reclaimed water.
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.
3. The use of any water-based pla apparatus connected to a pressurized source.
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.
6. The filling of swimming_pools, fountains, spas, or other exterior water features.
7. The washing of automobiles, trucks, trailers, and other types of mobile equipment,
except at facilities equipped with wash water recirculation systems,and for vehicles
requiring frequent washing to protect public health, safety, and welfare.
E. Variance. The Director of Public Works may grant a variance from the restrictions of this
subdivision where strict application of its provisions would result in serious hardship to a
user. A variance may be granted only for reasons involving health or safety. An qpplicant
mayqppeal the denial of a variance within five (5) days of the decision by submitting a
written request for appeal to the City Clerk. The City Manager shall hear the appeal within
fourteen (14) days of the date the City Clerk receives the request.
F. Violations.
1. Notice. Upon determination that a person is using water in violation of the
restrictions and prohibitions imposed under this subdivision, the City will deliver a
written notice to the owner of the premises on which the use is occurring. For the
purpose of giving notice, the address of such owner will be determined by the City
Clerk from records available to the public. The notice will describe the violation,
specify the required remedy, and state that failure to comply will result in a
surcharge on the water bill for the premises as provided in the following paragraph.
2. Surcharge. Failure to comply with restrictions and prohibitions imposed under this
subdivision after receipt of a written notice under the preceding paragraph will
result in a surcharge for water service for each day of violation in an amount
determined by resolution of the City Council,which surcharge shall be added to the
water bill for the premises on which such violation occurs. The City shall mail a
Notice of Surcharge to the violator upon imposition of a surcharge. Continued
violations after receipt of the Notice of Surcharge shall be cause for discontinuance
of water service to such premises. Receipt of the Notice of Surcharge shall be
presumed three (3) days after mailing by the City.
3. Citation. In addition to the surcharge provided for in the preceding paragraph, any
person violating the restrictions or prohibitions imposed under this subdivision may
be issued a petty misdemeanor citation.
Subd. 12. Water Use Restrictions
A. A person may [water-,sprinkle;] irrigate[;]or otherwise use water from the City's Municipal
Water System for lawn areas, grass, or turf [(her-einaftef r-efeffed te as "iffigation" ef
"iffiga4e")] only on alternating days.
C. No person may [ c4e;} irrigate[;] or otherwise use water from the City's
Municipal Water System for lawn areas, grass, or turf during the hours of 12:01 p.m.
through 5:00 p.m. of any day.
D. Upon written request and approval by the City Manager, or his designee, and subject to
such terms and conditions imposed by the City Manager, or his designee, with respect to
such approval, the following persons may be authorized to [wa4ef, sprinkle,-] irrigate or
otherwise utilize water from the City's municipal water system for lawn areas, grass or turf
at times other than as permitted in Subparagraph A and B hereof:
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a
Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day
of December, 2018 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 8th day of January, 2019.
Kathl n Porta, City Clerk Ron Case, Mayor
PUBLISHED in the Eden Prairie News on January 17, 2019.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 2-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 3 RELATING TO WATER EMERGENCIES; AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 3 relating to water emergencies
by: (1) revising Section 3.30, subdivision 6, to address a water emergency declared by either the
Governor or by the City Manager and providing for notice to the public, detailing the types of
water restrictions that will go into effect, providing for a variance process, and including penalties
for violations; and (2) adding definitions for "irrigation," "reclaimed water," and "water
recirculation system" in Section 3.01 and making other minor amendments to Section 3.30 to
account for the new definitions.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kath en Porta, City Clerk Ron Case, Mayor
PUBLISHED in the Eden Prairie News on January 17, 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF ORDINANCE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
NO.2-2019 publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, has full knowledge of the facts herein stated as follows:
MINNESOTA,AMENDING CITY
CODE CHAPTER3 RELATINGTO (A) This newspaper has complied with the requirements constituting qualification as a legal
WATER EMERGENCIES; AND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
ADOPTING BY REFERENCE amended.
CITY CODE CHAPTER 1 AND �, , „�
SECTION 3.,99 WHICH,AMONG (B)The printed public notice that is attached to this Affidavit and identified as No. SH J
OTHER THINGS, CONTAIN was published on the date or dates and in the newspaper stated in the attached Notice and said
PENALTY PROVISIONS Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
THE CITY COUNCIL OF the newspaper s specified.Printed below is a co of the lower case alphabet from A to Z,both
THE CITY OF EDEN PRAIRIE, P PY P
MINNESOTA,ORDAINS: inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
Summary: This ordinance and publication of the Notice:
amends City Code Chapter 3
relating to water emergencies abcdefghi klmnopgrstuvwxyz
by: (1) revising Section 3.30,
subdivision 6,to address a water V L
emergency declared by either -40,
the Governor or by the City y:
Manager and providingfor notice Laurie A.Hartmann
to the public,detailing the types
of water restrictions that will
go into effect, providing for a
variance process,and including Subscribed and sworn before me on
penalties for violations;and(2)
adding definitions for irrigation,
reclaimed water, and water
recirculation system in Section this�Z' day of 019
3.01 and making other minor
amendments to Section 3.313--to
account for the new definitions.Effective Date: This JYMME JEANNETTE BARK r„t: ..
Ordinance shall take effect upon '
publication. A-ANOTARY PUBLIC•MINNESOTA
Ron Case,Mayor MY COMMISSION EXPIRES 01/31/23
ATTEST: Kathleen Porta,City N ublic
Clerk
(A full copy of the text of
this Ordinance is available from
City Clerk.)
(Published in the Eden Prairie
News Thursday, January 17,
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