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H4. Ord. 1909, Emergency Water RestrictionsCity of Kalispell KALISPELL Post Office Box 1997 -Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Doug Russell, City Manager From: Susie Turner, P.E. Public Works Director Meeting Date: June 5, 2023 Re: 2023 Temporary Water Conservation Restrictions - Ordinance 1909 BACKGROUND: The City of Kalispell's Public Water supply supports domestic, sanitation, irrigation, and fire flow water services for residential and commercial customers within the city. Kalispell's water supply comes from eleven (11) groundwater sources (wells) within the city limits, and supplies water to the distribution system and four (4) storage reservoirs. In 2018, Kalispell completed a Water Facility Plan Update (WFPU) to address system challenges such as population growth, increasing water demands, aging infrastructure, and institute effective capital improvement planning. The WFPU provided a guide for short-term, near -term, and long- term management rehabilitation and new development capital improvements, of which the City has been working towards implementing since the adoption of WFPU. Currently, all the water facilities are operational except the Noffsinger Spring facility, which was taken offline in 2021. Noffsinger Spring is Kalispell's oldest water facility and while the spring water source is safe for consumption, the facility's condition no longer provides the necessary protections against exposures to environmental elements. In 2020, Public Works initiated the North Main Well capital project to replace the Noffsinger Spring source with a new equivalent water source. North Main Well's production development and water right application is complete, the project is bid and awarded, and the facility construction is scheduled to begin in the summer of 2023. Given the current state of Kalispell's water system, the operational infrastructure may not be capable of supporting the 2023 summertime irrigation peak water demands while maintaining service for domestic water use and fire protection. In anticipation of an increase in water demand throughout the summer months and to sustain the delivery of water for customers, it is necessary and prudent to immediately institute water conservation and restriction protocols. The City will be proactively implementing water conservation practices to reduce irrigation demands from City facilities and participating in public outreach to educate water customers on water conservation best practices. The enclosed Temporary Water Conservation Restrictions- Ordinance 1908 allows for temporary water conservation restrictions to be implemented for various demand stages. The restrictions will only be mandatory if the 2023 summer water demands reach Stage 2 Non- maintainable or Stage 3 Non -sustainable conditions. The proposed Temporary Water Conservation Restriction Ordinance replicates the stages, restrictions, and exceptions adopted as part of Ordinance 91887: Emergency Ordinance Authorizing the City to Establish Temporary Water Conservation Restrictions in July of 2022. ACTION REQUESTED: Motion and vote to approve Ordinance 1909, an emergency ordinance authorizing the City of Kalispell to establish temporary water conservation restrictions and establishing an immediate effective date. ALTERNATIVE: As suggested by City Council_ ATTACHMENTS: Temporary Water Conservation Restrictions Ordinance 1909 ORDINANCE NO. 1909 AN EMERGENCY ORDINANCE AUTHORIZING THE CITY OF KALISPELL TO ESTABLISH TEMPORARY WATER CONSERVATION RESTRICTIONS AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Kalispell's water supply comes from eleven groundwater sources within the city limits and supplies water to the distribution system and four storage reservoirs; and WHEREAS, in 2018, Kalispell completed a Water Facility Plan Update (WFPU) to address system challenges such as population growth, increasing water demands, aging infrastructure, and to institute effective capital improvements planning to address such challenges; and WHEREAS, Noffsinger Spring was taken offline in 2021 due to the facility's condition that can no longer provide the necessary protections against exposures to environmental elements; and WHEREAS, in 2020, Kalispell's Public Works Department initiated the North Main Well capital project to replace the Noffsinger Spring source with a new equivalent water source and construction of the North Main Well facility is scheduled to begin in the summer of 2023; and WHEREAS, the construction timeline for new projects will not address the anticipated increase in peak water demands over the 2023 summer months; and WHEREAS, the current state of Kalispell's water system may not support the 2023 summertime irrigation peak water demands while maintaining service for domestic water use and fire protection; and WHEREAS, it is necessary and prudent to immediately effectuate the 2023 Water Conservation and Restriction Protocols attached hereto and incorporated into these recitals as Exhibit "A" as these protocols will protect the public health, safety, and the general welfare of citizens of Kalispell. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. Pursuant to the authority of MCA § 76-5-1101 and KMC 2-26, the Kalispell City Council hereby approves the temporary water conservation restrictions by the means and plans set forth in Exhibit "A", attached hereto and fully incorporated herein by this reference. SECTION 2. Pursuant to the authority of MCA § 76-5-1101 and KMC 1-12 and 2-26, any person or entity in violation of the temporary water conservation restrictions set forth in Exhibit "A" shall be subject to the following penalties: A. Upon the first violation, notice of the violation, including penalties for any future violations and water conservation techniques, shall be sent by first class mail, postage prepaid, to the owner of the property upon which the violation occurred and notice may also be posted on the violator's door. B. Upon the second violation, the violator shall be subject to a $250 civil penalty. C. Upon the third violation, the City of Kalispell may discontinue water service upon three (3) days notice to prevent future violations. If water service is discontinued, service may not be restored until applicable fees charged for reconnecting the water service and any outstanding civil penalties are paid. SECTION 3. This Ordinance, pursuant to KMC 2-26, is effective upon passage and approval and shall be in effect for no longer than 90 days. PASSED AND APPROVED BY THE CITY COUNCIL BY AT LEAST 2/3RD VOTE AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA THIS 5TH DAY OF JUNE, 2023. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Exhibit A Water Conservation and Restriction Protocols: All usage of City produced water is subject to the water conservation plan which provides for voluntary and mandatory water reduction measures that will be in effect for various water supply and demand statuses. Stye 1 1. Water Demand Status - Sustainable a. Average Daily Demand (ADD) - Lower Zone 5 MG; Upper Zone 4 MG b. Water Reduction Measures: Voluntary 2. City Parks Conservation Measures a. Reduced watering schedules, duration, and times — all parks on City Water 3. High Irrigation Customers — Volunteer Conservations Methods a. Letters sent directly to the highest irrigation users from past years b. Educational Meeting — Review Moderate Conservation Actions (duration and times) 4. All Customers — Volunteer Conservation Methods a. Public Service Announcements — Conservation Tips b. Public Service Announcements — Stage 2 Protocols Notices Stye 2 1. Water Demand Status - Non- Maintainable a. ADD Lower Zone 6 MG; Upper Zone 5 MG and/or loss of water source(s) b. Water Reduction Measures: Restrictions Required for All Customers 2. City Parks Conservation Measures a. Reduced Watering schedules, duration, and times — all Parks using City Public Water Supply 3. Construction — Fire Hydrant Accounts a. Restrict daily water use to 10,000 GPD 4. All Customers —Mandatory Watering and Irrigating Restrictions a. Designated days for allowed watering correspond to the last digit of the street address for the property; and hours for watering restricted to designated hours listed in 4.a.iv below. i. Odd number addresses shall water on odd days of the calendar month (e.g., July 1, 3, 5) ii. Even number addresses shall water on even days of the calendar month (e.g., July 2, 4, 6) iii. Private Open Space/Parks Watering shall be done as addressed (even/odd corresponding to calendar days) iv. All Watering shall be done between the hours of 5 a.m. to 10 a.m. or 6 p.m. to 11 p.m. Watering should also occur only once per day 5. Exceptions a. These restrictions do not apply for the use of low -volume drip irrigation and hand watering with a watering can or hose with positive shut-off nozzle when watering the following plant types only: i. Trees ii. Shrubs iii. Ornamental perennials & groundcovers iv. Annual flower beds & planters i. Food gardens b. Watering with overhead spray irrigation for the sole purpose of establishing new grass from sod or seed is permitted, as needed, for 45 days after planting. c. Properties that utilize private wells for irrigation are not required to comply with watering restrictions. d. Water use associated with irrigation system operation for the purposes of installation, repair, adjustments, performance assessments, and other related maintenance issues, provided that the system is attended to throughout the period of operation, is permitted as needed. Stne 3 1. Water Demand Status - Non -Sustainable a. ADD > Lower Zone 6 MG; Upper 5 MG and/or loss of water source(s) b. Water Reduction Measures: Restrictions Required for All 2. City Parks Conservation Measures a. All outdoor water uses prohibited 3. Construction — Fire Hydrant Accounts a. All outdoor water uses prohibited 4. All Customers —Mandatory Watering and Irrigating Restrictions a. All outdoor water uses prohibited; and b. All other water uses prohibited except for necessary domestic indoor use for drinking water and sanitation. 5. Exceptions e. Properties that utilize private wells for irrigation are not required to comply with watering restrictions.