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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/17/2002 - SECOND READING OF ORDINANCE NO. 135, 2002, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 29 DATE: September 17, 2002 0 FORT COLLINS CITY COUNCIL FROM: Michael Smith ! SUBJECT : Second Reading of Ordinance No. 135, 2002, Amending Emergency Ordinance No. 112, 2002 Prescribing Temporary Restrictions on the Use of City Treated Water for Lawn Watering to j Reduce Weekly Watering from Two Days to One Day, to Modify Related Permit Procedures, and to Eliminate the Requirement That Warnings Be Issued. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: In response to the extreme drought conditions, the City Council adopted, at its regular meeting on July 16, 2002, Emergency Ordinance No. 112, 2002, prescribing temporary restrictions on the use of City-treated water for lawn watering. At its regular meeting on September 3, 2002, the City Council adopted on second reading Ordinance No. 118, 2002, adjusting the period of watering allowed for newly seeded and sodded areas, and further reviewed information regarding the effectiveness of the restrictions. The Council generally concluded that, given the seriousness of the drought, saving additional water, above and beyond the water savings resulting from the existing water restrictions, would be prudent As a result, the Council directed staff to draft an ordinance for consideration at an adjourned meeting on September 10, 2002. Ordinance No. 135, 2002, states that the temporary restrictions on the use of City treated water for weekly lawn watering is reduced from two days to one day. It also makes certain modifications to permit procedures as well as eliminating the requirement that warnings be issued. Ordinance No. 135, 2002, was unanimously adopted on First Reading at an adjourned meeting on September 10, 2002. Because the version of Ordinance No. 135, 2002 that was adopted on First Reading on September 10 was proposed at that meeting, the Ordinance, showing amendments to Emergency Ordinance No. 112, 2002 as amended by Ordinance No. 1 18, 2002, is attached for reference. I i� ORDINANCE NO. 135, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING EMERGENCY ORDINANCE NO. 112, 2002 PRESCRIBING TEMPORARY RESTRICTIONS ON THE USE OF CITY TREATED WATER FOR LAWN WATERING TO REDUCE WEEKLY WATERING FROM TWO DAYS TO ONE DAY, TO MODIFY RELATED PERMIT PROCEDURES, AND TO ELIMINATE THE REQUIREMENT THAT WARNINGS BE ISSUED WHEREAS, on July 16, 2002, the City Council adopted Emergency Ordinance No. 112, 2002, which prescribed certain restrictions on the use of City-treated water for lawn watering, in view of the current conditions and projections for future municipal water supplies in Fort Collins; and WHEREAS, on September 3,2002, the Council adopted on second reading Ordinance No. 118, 2002, amending Emergency Ordinance No. 112 to increase the time allowable for watering of new sod and seeded areas, and to make other clarifying changes; and WHEREAS, the continued drought conditions in the region have resulted in increased concerns regarding future municipal water supplies for Fort Collins and, as a result, the Council desires to reduce the level of allowed lawn watering with City-treated water from two days per week to one day per week; and WHEREAS,the Council further desires to continue to allow watering of areas newly seeded or sodded, for the six-week and four-week periods, respectively, as such watering is allowed under Ordinance No. 112, as amended by Ordinance No. 118; and WHEREAS, the City Manager has determined that the consideration of permit applications by the Utilities General Manager, with appeals to the City Manager, is the most appropriate administrative structure for the permit process; and WHEREAS,in view of the time that has elapsed since lawn watering restrictions were first enacted in July, and in order to further advance the enforcement of the restrictions, staff has recommended that the requirement that a warning be issued for a first violation be eliminated, recognizing that warnings may still be issued at enforcement staff's discretion. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That subsection 1.B.ii of Ordinance No. 112,2002,shall be amended to read as follows: ii. No lawn watering shall be permitted on any Monday, a5 ar Thutsca� � j�Ss17Pa avert i a pta%t �s ssaeun! rdar�ce vvktt sulseetl6nC Section 2. That subsection 1.B.iii of Ordinance No. 112,2002,shall be amended to read as follows: iii. Lawn watering shall be permitted on properties with specific street addresses, based on service address as it appears on the applicable water account,on the following schedule: Street Address of Premises Lawn Watering Days Ending with: (Midnight to Midnight) 0-2 Wednesday&Saturday 3-6 Thursday&Sunday 7-9 Tuesday& Friday Section 3. That subsection 1.B.iv of Ordinance No. 112,2002,shall be amended to read as follows: iv. Lawn watering shall be permitted on properties without specific street addresses, such as medians,parkways,or any other property that has no numeric address, on Tuesdaparrd-Friday (midnight to midnight). Section 4. That subsection LC of Ordinance No. 112, 2002, shall be amended to read as follows: C. A City treated water customer may apply to the Utilities BeputrGeneral Manager for a permit for lawn watering on a schedule or in a manner different from those set forth herein, in the event that one of the following circumstances d is seusx a cttvoe If}aMtz a�•�'kt.Cs` Nibo t C appeesi fF ;;t¢w ty sc¢",iii �hc✓rm C aS-r ysa r cebeyondb ffe � te pe s y'rea gw� ftssuapceof sb e, ect an`; Embe fide sissu�tace date'.of said permit; Y�1),S � t�,ts later, ,��9�� �it,�,�l�: .�?e u„ndet",snl�at�h�sue�pertnats i. An area to be watered is in excess of 4 acres in size and cannot be adequately watered by following the -day per week watering schedule set forth above due to sprinkler system limitations; or ii. An area to be watered is configured or situated to include more than one street address or service address that cannot be separately watered in accordance with this Ordinance; or iii. An exceptional hardship is imposed upon an individual residential customer by the restrictions set forth in this Ordinance as a result of a personal medical or physical condition related to the activities restricted hereunder. Section 5. That subsection LD of Ordinance No. 112, 2002, shall be amended to read as follows: D. In the event that the Utilities Depvtp General Manager determines that a permit application meets the eligibility requirements set forth in subsection 1.C., then he or she shall issue a permit for lawn watering containing such terms and conditions and modifications of the restrictions set forth in subsection 1.13,that he or she determines,in his or her reasonable discretion, will allow the minimum additional watering necessary to overcome the size, configuration or personal physical constraint as described in subsection 1.C, Provided th e '- ntet hthea m : s , - n,w ma z� basic�estrtekionwl atte wate>tng per x:weele. Any determination of the Utilities Deputy General Manager hereunder shall be issued within five (5) business days of the submission of a complete application,shall be provided in writing to the applicant, and shall include an explanation of the basis for any determination of denial. Section 6. That subsection LE of Ordinance No. 112, 2002, shall be amended to read as follows: E. A written determination by the Utilities Deputy General Manager under subsection I.D.may be appealed to Utilities-�ity Manager,provided that notice of any such appeal shall be filed in writing within five(5)days of • issuance of the same and shall include an explanation of the basis for the appeal. The'U.**t:_ ity Manager may conduct such investigations as he or she determines appropriate or necessary to determine whether the decision appealed was arbitrary or capricious or otherwise inconsistent with the terms of this Ordinance,and shall issue a written explanation of his or her decision on any appeal within ten (10)days of the submission of a sufficient notice of appeal. Section 7. That Section 3 of Ordinance No. 112, 2002, shall be amended to read as follows: Section 3. Violation of the terms of this Ordinance in the city or violation of the terms of a permit issued hereunder shall be deemed to constitute a violation of the City Code pursuant to City Code Section 1-15, and shall be punishable as follows: i. violations of any provision of this Ordinance or permit issued hereunder shall be punishable by a . minimum fine of fifty dollars ($50) per violation up to a maximum fine of one thousand dollars ($1,000) per violation. iii. Each day during which a violation of any provision this Ordinance or permit issued hereunder occurs or continues shall constitute a separate misdemeanor offense under this Ordinance. Introduced and considered favorably on first reading this loth day of September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk SUMMARY OF WATER RESTRICTIONS BEGINNING SEPTEMBER 27, 2002, REFLECTING ADOPTION OF ORDINANCE NO. 135, 2002 September 11, 2002 Section 1. The Council hereby adopts the following lawn watering restrictions: A. For the purposes of this Ordinance, "lawn watering" shall be defined to mean the use of treated or potable water obtained from the City to irrigate or water any lawn, grass or turf areas, but shall not include: i. irrigation or watering of flowers, flower beds, trees, shrubs, or vegetable gardens; ii. irrigation or watering of newly-planted grass, whether planted by sod or seed, for the 6-week period after the initial planting of said seed or for the 4-week period after installation of said sod, provided that a sign stating the date of such planting or installation has been posted in the watering location and is visible from the street; iii. irrigation or watering of lawn, grass or turf areas with privately owned well water or raw water, provided that the user of any such well or raw water for irrigation or watering has posted a public notice of the same in the watering location and that is visible from the street; or iv. the operation of an automatic watering system to the extent reasonably necessary for repair or maintenance, so long as said operation is carried out so as to minimize the use of water. B. It shall be unlawful, and a violation of the terms and conditions upon which the City shall provide treated water to its customers, for any person to undertake or permit lawn watering except in accordance with the following: i. No lawn watering shall be permitted on any day between the hours of 10:00 a.m and 6:00 p.m. Consistent with existing Code Section 26-167, lawn watering and other watering of any yard, grounds, premises or vegetation shall not occur between the hours of 12:00 midnight and 4:00 a.m., except using a programmed automatic sprinkler system. ii. No lawn watering shall be permitted on any Monday, Tuesday, Wednesday, or Thursday, except as expressly provided in a permit issued in accordance with subsection I.C. iii. Lawn watering shall be permitted on properties with specific street addresses, based on service address as it appears on the applicable water account, on the following schedule: Street Address of Premises Lawn Watering Days Ending with: (Midnight to Midnight) 0-2 Saturday 3-6 Sunday 7-9 Friday iv. Lawn watering shall be permitted on properties without specific street addresses, such as medians, parkways, or any other property that has no numeric address, on Friday (midnight to midnight). C. A City treated water customer may apply to the Utilities General Manager for a permit for lawn watering on a schedule or in a manner different from those set forth herein, in the event that one of the circumstances set forth in this subsection I.C. applies. No permit issued prior to September 10, 2002, shall be effective beyond the effective date of this Ordinance. Any person to whom any such permit has been issued may reapply for and be issued a new permit if the issuance of such permit is otherwise consistent with the terms of this Ordinance, which permits shall take effect on September 27, 2002, or the issuance date of said permit, whichever is later. The following are the circumstances under which such permits may be issued: i. An area to be watered is in excess of 4 acres in size and cannot be adequately watered by following the one-day per week watering schedule set forth above due to sprinkler system limitations; or ii. An area to be watered is configured or situated to include more than one street address or service address that cannot be separately watered in accordance with this Ordinance; or iii. An exceptional hardship is imposed upon an individual residential customer by the restrictions set forth in this Ordinance as a result of a personal medical or physical condition related to the activities restricted hereunder. D. In the event that the Utilities General Manager determines that a permit application meets the eligibility requirements set forth in subsection I.C., then he or she shall issue a permit for lawn watering containing such terms and conditions and modifications of the restrictions set forth in subsection LB, that he or she determines, in his or her reasonable discretion, will allow the minimum additional watering necessary to overcome the size, configuration or personal physical constraint as described in subsection 1.C, provided that such terms and conditions are generally consistent with the basic restriction of one watering per week. Any determination of the Utilities General Manager hereunder shall be issued within five (5) business days of the submission of a complete application, shall be provided in writing to the applicant, and shall include an explanation of the basis for any determination of denial. E. A written determination by the Utilities General Manager under subsection I.D. may be appealed to City Manager, provided that notice of any such appeal shall be filed in writing within five (5) days of issuance of the same and shall include an explanation of the basis for the appeal. The City Manager may conduct such investigations as he or she determines appropriate or necessary to determine whether the decision appealed was arbitrary or capricious or otherwise inconsistent with the terms of this Ordinance, and shall issue a written explanation of his or her decision on any appeal within ten (10) days of the submission of a sufficient notice of appeal. Section 2. Use of City treated water in violation of this Ordinance or in violation of a permit issued hereunder shall constitute a violation of the terms pursuant to which the City has authorized the use of City-treated water, as referenced in City Code Section 26-51, which authorizes the discontinuation of water service in the event of use of water for purposes not authorized. Section 3. Violation of the terms of this Ordinance in the city or violation of the terms of a permit issued hereunder shall be deemed to constitute a violation of the City Code pursuant to City Code Section 1-15, and shall be punishable as follows: i. Violations of any provision of this Ordinance or permit issued hereunder shall be punishable by a minimum fine of fifty dollars ($50) per violation up to a maximum fine of one thousand dollars ($1,000) per violation. ii. Each day during which a violation of any provision this Ordinance or permit issued hereunder occurs or continues shall constitute a separate misdemeanor offense under this Ordinance. • AGENDA ITEM SUMMARY ITEM NUMBER: 3 FORT COLLINS CITY COUNCIL DATE: September 10, 2002 STAFF: Michael Smith SUBJECT: First Reading of Ordinance No. 135, 2002, Amending Emergency Ordinance No. 112, 2002 Prescribing Temporary Restrictions on the Use of City Treated Water for Lawn Watering to Prohibit Lawn Watering After September 30, 2002. RECOMMENDATION: IL I Staff recommends adoption o e Ordiopding FINANCIAL IMPACT: Cost of public outreach, enforcement, and potential impact on Water Fund revenues. EXECUTIVE SUMMARY: In response to the extreme drought conditions, the City Council adopted, at its regular meeting on July 16, 2002, Emergency Ordinance No.112, 2002, prescribin temporary restrictions on the use of City-treated water for n t g. t i re 1 e ng on September 3, 2002, the City Council adopted on sec d readi Ordi 2 adjusting the period of watering allowed for newly seeded sodd d eas further r 'ewed information regarding the effectiveness of the restrictions. a Counct gener ly conc u ed that, given the seriousness of the drought, saving additional water, above and beyond the water savings resulting from the existing water restrictions, would be prudent As a result, the Council directed staff to draft an ordinance for consideration at its adjourned meeting on September 10,2002, that would prescribe that all lawn watering, with certain exceptions, be prohibited effective October 1, 2002. The exceptions to the prohibition would be for: 1. athletic fields used for organized sports, 2. the greens, tees and landing areas at golf courses if there is not sufficient raw water 10 available to maintain these areas; and 3. areas sodded or seeded before October 1, 2002, but only for the originally allowed period of four and six weeks, respectively, from the date of installation. September DATE: ITEM NUMBER: The exception for athletic fields is safety related. More specifically, participants are exposed to a higher risk of injury when participating on dried-out and fragile turf. The exception for the greens, tees and landing areas at the city owned golf courses is to safeguard the millions of dollars of public funds invested in those facilities.