Agenda - Council Work Session - 02/23/2021

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City to adopt an ordinance within 6 months of receiving DNR approval of the City's Water Supply Plan. The following documents are attached to this case. Some of the documents are referenced within draft ordinance 21-04. Others are attached as supporting documents or because they were requested by Council members. • Agenda item 7.2 with draft Ordinance 21-04 (pulled from January 12 agenda) • Model Ordinance used by Staff to develop draft Ordinance 21-04 • Minnesota Statute 103G.291 • Minnesota Statute 103G.261 • Minnesota Rules Chapter 6115 • DNR email approving Water Supply Plan • City Code Section 58-118 In summary, the City is not required to adopt a critical water deficiency ordinance before the governor declares a critical water deficiency, and the language within the attached draft ordinance can be amended to some extent. Adopting a critical water deficiency ordinance before an emergency is declared would allow the City to enact targeted water use restrictions on short notice if the governor were to declare a critical water deficiency. A deficiency could be driven by a prolonged drought, insufficient water quantities within the municipal water supply aquifer, or if the aquifer were to become polluted. It is important to note that the DNR approves the City's water appropriation permit, which allows the City to withdraw a maximum volume of groundwater each year from our water supply aquifer. Based on the volume of water the City withdrew last year, which was a relatively wet year, the City will likely soon need to apply for a new water appropriation permit from the DNR with an increased appropriation volume. Minnesota Rule 6115.0690 Subpart 3 states, "Appropriation permits issued to public water supply authorities shall be subject to requirements of Minnesota Statutes, section 103G.291, relating to critical water deficiency periods and restriction of nonessential uses." Therefore, when the City applies for a new water appropriation permit, the DNR could potentially deny the permit if they think the City is not complying with Statute 103G.291. Timeframe: Staff anticipates 20 minutes will be required to present this case, to respond to questions, and to receive consensus direction from Council on any amendments required to draft Ordinance 21-04. Funding Source: No costs are required to amend draft Ordinance 21-04. Staff can complete this work as part of their regular duties. Responsible Party(ies): The City Engineer will present this case and will respond to questions. The Civil Engineer IV, who prepared draft ordinance 21-04 and item 7.2, will also be available to respond to questions as needed. Outcome: Receive consensus direction from Council on any amendments required to draft Ordinance 21-04 before introducing an amended ordinance at a future City Council meeting. Alternatively, an amended ordinance could be presented at a future work session if additional discussions or information is desired. Attachments Item 7.2 and Draft Ord 21-04 Model Ordinance MSS 103G.291 MSS 103G.261