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05-09-11 WS Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, MAY 9, 2011 6:00 P.M. AGENDA Attachments 1. CONVENE CITY COUNCIL WORK SESSION A. Roll Call Mayor Lizée ____ Hotvet____ Siakel ____ Woodruff____ Zerby ____ B. Review Agenda 2. RENTAL HOUSING LICENSE PROGRAM Administrator’s memo 3. ADJOURN #2 MEETING TYPE City of Shorewood Council Meeting Item Work Session Title / Subject: Water Requirements for Rental Housing w/ private wells Meeting Date: Monday, May 9, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Joe Pazandak, Building Official; Brad Nielsen, Planning Director Attachments: none Policy Consideration: Should the city revise the rental housing ordinance to include requirements on private wells and drinking water? Background: The original intent of this licensing program was in response to a few rental properties that owners maintained in rather hazardous conditions. The City, as many cities have done, adopted a licensing ordinance that requires an inspection of the property. The inspection is meant to discover and require correction of life and safety code related issues such as smoke and carbon monoxide detectors, heating, hand rails, etc. The program was not intended to “certify” a property as 100% safe, only that the property met minimum code requirements. This spring, council members received information from a resident who rents a property in Shorewood who expressed concerns over the level of arsenic in the drinking water. The drinking water is provided via a private well and not city water. The occupant indicated he spoke to the property owner about the elevated level of Arsenic and requested the property owner address the issue. According to the tenant, the property owner told him to install a water purification system. The tenant would like the city to address water quality as part of the rental housing license. He feels property owners with private wells should be required to provide drinking water that meets Minnesota Department of Health standards on arsenic. Joe Pazandak, City Building Official, reviewed the Minnesota Department of Health drinking water requirements and found the rules on acceptable amounts of arsenic only applies to municipal water supplies and does not apply to private wells. Private wells are tested once for coliform and nitrates at the time it is being put into use. After that, there is no testing requirement. The question then is if the city should establish a “safe” drinking water standard and apply that standard to rental units served by private wells. Currently, the city does not have the authority to regulate or mandate the testing of private wells or to require homeowners to install water purification systems. The city encourages residents with private wells to have their water tested regularly for Arsenic and other substances and the city is required to test and treat our public water system. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Financial or Budget Considerations: Development and implementation of water quality standards will require additional consultant and staff resources. Options: Include Arsenic testing and correction in the requirements for a rental housing license, adopting a higher standard for rental property than owner-occupied; explore other environmental issues (e.g. Radon, mold, lead, etc.) and require testing and correction in the requirements for a rental housing license, adopting higher standards for rental property than owner-occupied; or retain the current scope of the rental housing code, keeping the same standards for rental and owner-occupied housing. Recommendation / Action Requested: Retain the current scope of the rental housing. To address known issues such as Arsenic, the City could develop a brochure/hand-out for tenants, explaining what the current Code is and is not intended to do. The brochure can include advice relative to known environmental issues (e.g. Arsenic) including testing and correction measures. The resolution of these issues remains between the tenant and the landlord. Next Steps and Timelines: Staff will proceed in the manner directed by Council.