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S:\Community Development\Code Enforcement\Active Cases\7109 Sunrise Dr\Staff Reports\20191209 CC\20191209 CC SR Ord 11-19 Amending Chapters 401 & 402.doc CITY COUNCIL AGENDA ITEM 6H STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: December 9, 2019 TOPIC: Consider First Reading of Ordinance No. 11-19, Amending City Code Chapters 401 and 402 Related to Connection to Municipal Water and Sewer Systems and Private Wells, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider amending City Code section 401 and 402 relating to requirements for connection to municipal water and sanitary sewer system and discontinuance of private wells. BACKGROUND The City Council discussed the possible amendment of Chapter 401 at the November 25, 2019. The discussion was in response to an existing City Code violation regarding construction of a new private well. Currently City Code Section 401.02 requires that a property owner hook up to city water, if available in a street, when a pre-existing on-site water system (well) fails. The property owner, requested City Council consideration of a variance at the November 12, 2019 City Council meeting. As noted in a letter from the City Attorney, dated November 18, 2019, there is no variance provision set forth within City Code. Consideration to allow for the installation of the private well would require an amendment to Chapter 401 of City Code. The prohibition on new wells where municipal services are available is, in part, to recoup the City’s infrastructure investment and to protect the City’s source drinking water supply. Based on discussion at the December 2, 2019 work session staff has drafted amendment to both section 401 and 402 of City Code. If the City Council were to consider an amendment to allow an exception staff would recommend consideration of the following conditions: 1. Consideration would only apply to properties where a private well existed prior to availability of municipal water services. 2.The private well is not located within an area defined as a high vulnerability or very high vulnerability area in the City’s Drinking Water Supply Management Area (DWSMA) as amended.