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HomeMy WebLinkAboutresolution.council.061-26RESOLUTION 4061 (Series of 2026) A RESOLUTION DECLARING THAT A STAGE THREE WATER SHORTAGE CONDITION EXISTS IN ASPEN, COLORADO, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT ADMINSTRATIVE ORDERS SETTING FORTH MANDATORY WATER USE CONTROLS TO REMAIN IN EFFECT DURING THIS CONDITION. WHEREAS, the City of Aspen is currently experiencing exceptional drought conditions as determined by the U.S. Drought Monitor; and WHEREAS, the National Resource Conservation Service measures snowpackto be at a record low since the end of January. WHEREAS, the National Weather Service forecasts above average temperatures and below average precipitation over the next three months; and WHEREAS, the governor of Colorado has enacted the State Drought Task Force; and WHEREAS, the City of Aspen has established procedures to guard against potential shortages in its water supplies pursuant to Municipal Code Section 25.28.020I and WHEREAS, the City of Aspen wishes to encourage its residents and water customers to conserve available water supplies through temporary adjustment in water rates. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby declares that a Stage Three Water Shortage condition exists in the City of Aspen, Colorado. That the City Council hereby directs the City Manager to promulgate rules and regulations to implement the Stage Three response measures set forth in the Aspen Drought Mitigation and Response Plan as appropriate to address the water shortage declared herein. All mandatory measures will take effect on May 15, 2026 after this resolution is signed. It is further resolved by the City Council that the temporary water rates contained in Section 25.28.050 of the Municipal Code will take effect on May 15, 2026 and shall be in place for the duration of the water shortage declaration. The following response measures shall be mandatory and enforced: 1. Automatic irrigation systems for existing lawns, flowers, vegetable gardens, shrubs and trees shall be limited to two (2) days per week per the mandatory irrigation schedule below. No outdoor water use is allowed between the hours of Sam and 6pm. Exceptions to Municipal Code Sec. 25.28.020 ® Wasting of water prohibited shall still apply. a. There shall be no irrigation on Mondays, Thursdays or Sundays. b. Even addresses may irrigate on Tuesdays and Fridays. c. ®dd addresses may irrigate on Wednesdays and Saturdays. Monday Tuesday Wednesday Thursday Friday Saturday Sunday No Watering Even Address Odd Address No Watering Even Address Odd Address No Watering 2. Establishment irrigation for new plantings must follow the exceptions to the water wasting code Section 25.28.020: New turf from seed or sod shall not exceed twenty- one (21) days of continuous irrigation; other new plant material, including annuals are permitted to be watered on the day they are planted. After the twenty-one (21)� day period or after the day of planting, all irrigation must comply with the mandatory irrigation schedule. 3. Irrigation reductions for public parks will be adjusted to meet the outdoor percent reduction goal of 25-60%. 4. There shall be no filling or refilling of residential swimming pools andlor hot tubs with water furnished by the City. Autofills must be turned off. 5. There shall be no filling or refilling of existing water features. No new water features are allowed. The I(ai Davis and Dancing Fountains will not be operated. 6. No noncommercial car washing. No washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas unless for the purposes of health and human safety. 7. Water use for dust control on active construction sites will not be allowed unless for purposes of health and human safety. These projects shall follow the Engineering Dust Control Policy for Drought (Attachment R). Street sweeping may continue at its normal capacity for the benefit of human health and safety as well as the protection of local rivers. 8. Temporary rates will be in effect during the time City Council declares a water shortage pursuant to Section 25.28.050 and will be imposed in accordance with Resolution #061, Series of 2026 as follows: Billing Tier Proposed Stage Three Water Shortage Rate Increase Tier 1 0% Tier II 0% Tier III 50% Tier IV 125% Billing Metro Tier Buttermilk District Proposed Stage Three Water Shortage Rate Increase Tier 1 0% Tier II 62.5% One -Tier Rate Structure (Bulk Water / Fill Stations) Proposed Stage Three Water Shortage Rate Increase Tier 1 75% Raw Water Rate Structure (Pressurized) Proposed Stage Three Water Shortage Rate Increase Pressurized 50% Non -pressurized 50% Property owners shall be responsible for compliance with the rules and regulations, and violations shall be subject to the penalties set forth in Section 25.28.040 of the Municipal Code. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 12 day of May 2026, Raahaet Richards, Mayer 0 I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, May 12, 2026. vvry l� Nicole Henning, City Cler Stage III Drought Response Construction Dust Control Policy Framework Purpose In response to years of low snowpack and continued drought conditions, the City of Aspen will have additional expectations for dust control during construction activities. The intent is not to eliminate dust suppression where it is needed for worker safety, public safety, or environmental protect ion. Dust control must remain part of any site safety plan where dust-generating activities may impact workers, the public, adjacen t properties, or the right-of-way. During Stage III drought conditions, construction sites are required to reduce the use of potable or raw water for dust control where reasonable alternatives are available. The City is open to reviewing alternative dust -control methods that maintain site safety and environmental protection while reducing consumptive water use. Our goals remain the same: balance constructability, safety, and environmental stewardship. Proposed Dust Control Requirements During Stage III Drought Conditions Site Condition / Activity Requirement or Expectation Acceptable Alternatives / Examples Notes All construction sites Dust suppression may not be omitted where it is necessary for worker safety, public safety, or environmental protection. Water may still be appropriate for activities such as saw cutting, backfill hydration, structural demolition, or other activities where water is the most effective or only feasible dust-control method. Site safety remains the priority. The drought response is intended to reduce unnecessary water use, not eliminate necessary dust control. Sites less than 12,000 square feet Dedicated soil, road-base, or other dust- producing haul roads will not be permitted. If a dedicated construction access is required, the access must use a material less susceptible to windborne dust, such as wood fiber mulch, engineered wood sheeting/plywood, washed stone, or similar materials. The intent is to avoid creating temporary access routes that require ongoing water application to control dust. Sites greater than 12,000 square feet with dedicated construction access Chemical stabilization or biodegradable binders will be required for dust-producing construction access routes. Examples include magnesium chloride products such as RoadSaver or Durablend, calcium chloride applications, or other approved stabilizers. Product selection should be appropriate for the site conditions and reviewed by staff. Biodegradable options will be required adjacent to any riparian area. Low-use access roads or general site stabilization Biodegradable binders may be considered where appropriate. Examples include HydroTac, AquaTarp, or similar products. These products may be more effective for stockpiles or general site stabilization than for high-use haul roads. Large soil stockpiles, regardless of lot size Stabilization is required when a stockpile is inactive for 30 days or more. Acceptable methods may include biodegradable stabilizers, poly tarps, bonded fiber matrix/hydromulch with tackifier, or seeding when seasonally appropriate. Seeding should generally be limited to late-season stabilization when dormant seeding is expected to germinate and establish the following spring. Large-scale site disturbance Additional dust-reduction strategies may be required depending on site-specific conditions. Examples include phased clearing, physical barriers, limiting exposed soil areas, or restricting hauling/excavation during high-wind conditions. These measures are most practical on larger sites where construction sequencing can be adjusted. Alternative methods proposed by contractor/applicant Staff may review and approve alternative dust-control techniques. Alternatives must demonstrate that they maintain dust- control effectiveness while reducing water use. Approval should be documented before implementation. Policy Direction Staff will use this framework to guide dust-control requirements during Stage III drought conditions and will continue to evaluate each site based on size, activity type, safety risk, proximity to the public right-of-way, and potential environmental impacts. Where water remains the safest or most effective dust-control method, it may still be allowed. Where reasonable alternatives exist, those alternatives should be used to reduce water consumption during drought conditions.