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S:\Community Development\Code Enforcement\Active Cases\7109 Sunrise Dr\Staff Reports\20191202 WS\20191202 WS SR Private Well <br />Construction amendment.doc <br /> <br />WS – 4 <br />WORK SESSION STAFF REPORT <br />Work Session Item No. 4 <br /> <br /> <br />Date: December 2, 2019 <br /> <br />To: City Council <br /> <br />From: Michael Grochala, Community Development Director <br /> <br />Re: Possible Amendment to City Code Chapter 401 <br /> Private Well Construction <br /> <br /> <br />Background <br /> <br />The City Council discussed the possible amendment of Chapter 401 at the November 25, 2019. <br />The discussion was in response to an existing City Code violation regarding construction of a <br />new private well. Currently City Code Section 401.02 requires that a property owner hook up to <br />city water, if available in a street, when a pre-existing on-site water system (well) fails. <br /> <br />The property owner, Chuck Wiegmann, requested City Council consideration of a variance at the <br />November 12, 2019 City Council meeting. As noted in a letter from the City Attorney, dated <br />November 18, 2019, there is no variance provision set forth within City Code. <br /> <br />Consideration to allow for the installation of the private well would require an amendment to <br />Chapter 401 of City Code. The prohibition on new wells where municipal services are available <br />is, in part, to recoup the City’s infrastructure investment and to protect the City’s source drinking <br />water supply. <br /> <br />If the City Council were to consider an amendment to allow an exception staff would <br />recommend consideration of the following conditions: <br /> <br />1. Consideration would only apply to properties where a private well existed prior to <br />availability of municipal water services. <br /> <br />2. The private well is not located within an area defined as a high vulnerability or very high <br />vulnerability area in the City’s Drinking Water Supply Management Area (DWSMA) as <br />amended. <br /> <br />3. The property is connected to the municipal sanitary sewer system or the Individual <br />Sewage Treatment System (ISTS) is determined to be in conformance with the provisions <br />of City Code and Minnesota Rules regarding ISTS systems. The applicant would be <br />required to provide a compliance inspection report completed by a licensed inspector. <br /> <br />If the ISTS system is determined to be noncompliant and municipal services are provided <br />to the site, connection would be required.