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Brosozkys. None of the well infrastructure, wiring, or connections that lie within the Brosozky property would be modified in any way. She noted that the Planning Commission may recommend to the City Council that the Chrismans be required to vacate all of their water rights and modify and rescind their easement from the Brosozky property. However, at this time, staff did not recommend that particular action. Commissioner Olson believed the conditions did not address well usage and it appeared that the Council did not do that either. He noted that in the Minutes of the July 11, 2007 meeting, staff stated that it did not see a nexus between well usage and change in design guidelines. He inquired whether the City had determined whether it had the legal right to require an easement for water rights to be vacated. Ms. Han•yman replied that the City's position was that it had the option to do so, although that was not staff s recommendation. Commissioner Narvm noted that Condition No. 23 refen•ed to the water line going for 400 feet from the meter. She inquired how the figure of 400 feet was reached. Ms. Decker replied that the condition read "approximately 400 feet," which was the distance that staff believed would reach the Brosozky residence or a hookup location determined to be closest to the house. Commissioner Narum noted that the City Council Minutes referred to priority being given to the Brosozkys in the event that the well dropped to ten gallons per minute or less. She requested further clarification of that issue. Ms. Decker replied that gallonage had not been revisited by staff, and staff hesitated to define what a failed water supply from a well may be. She noted that there had been extensive discussion and concern by Council about how to address this issue. Staff believed that since the well was shared, there was concern that over time, there may be some loss or reduction in water availability. At that time, the Chrismans would be connected to City water in order to have a water source. However, the Brosozkys are dependent on the well only and would not be hooked up to City water. The intent was to provide a mechanism by which they would be assured of having water since the well would be used by the Chrismans for their own agricultural and livestock uses. Commissioner O'Connor inquired whether, if the Planning Commission determined that the Chrismans' rights to the existing well should be abandoned, they would be able to drill another well and whether City approval would be required. Ms. Decker replied that they would be allowed to drill another well and that a number of engineering requirements must be met; a number of costs would also be incun•ed. She noted that water must be found and that it was not assured that water would be located ten feet away. The water must be used for nonpotable uses such as landscaping and livestock and not for domestic use. She did not know whether significant City fees would be incurred. In response to an inquiry by Commissioner Fox regarding whether it would take more than two or three weeks to drill a well, Ms. Decker replied that it would take more than three weeks and that extensive investigation was involved in the process. EXCERPT: PLANNING COMMISSION MINUTES, February 27, 2008 Page 3 of 13