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Councilmember Musgrove stated that if the City creates an ordinance and the Governor issues an <br />Executive Order, the ordinance would then be null as the City would need to follow the Order. <br />She stated that the City does a great job with water conservation and has a concern that the <br />ordinance would be for none. She agreed if something must be done, it should be to the minimum. <br /> <br />Acting Mayor Riley commented that enforcement would fall to the City as it did during the <br />pandemic and noted that the City chose to use the tool of education rather than penalty. <br /> <br />Councilmember Elect Heineman asked if the City simply has to reference the ordinance it already <br />has and also reference the State Statute. <br /> <br />City Engineer Westby replied that the City has City Code Chapter 58 that addresses water use and <br />lists restrictions within that. He stated that the proposed ordinance would add another section that <br />would address the critical water deficiency regulation and references the State Statute. <br /> <br />Councilmember Elect Heineman stated that he agrees that if there were an actual drought, the City <br />would not want to sit idly. He referenced the earlier mention of the pandemic and noted that what <br />was not predicted in that situation is the overreach of the Governor and the different determinations <br />of which businesses were essential. He noted that the science behind those determinations has not <br />been proven and believed that the City should research how it would impact the City if is chose <br />not to comply. <br /> <br />City Engineer Westby noted that most cities are adopting the model ordinance which references <br />the State Statute. He stated that at the very end of subdivision one, there is a statement that explains <br />that the rules would be adopted if a water deficiency is declared. He stated that if a community <br />set its own parameters it would still need to comply with the rules issued in a deficiency situation. <br /> <br />Councilmember Howell stated that there has been so much abuse of Executive Orders by the <br />Governor and would have difficulty just blindly complying with open ended statements. She stated <br />that she would want baseline compliance if something must be done. <br /> <br />Acting Mayor Riley confirmed the consensus of the Council to direct staff to draft something that <br />meets the bare minimums. <br /> <br />Councilmember Elect Heineman stated that he would want a statement added that states up to the <br />discretion of the Ramsey City Council. <br /> <br />Councilmember Musgrove asked why the City Clerk would be the administrator and not someone <br />from public works staff. <br /> <br />City Engineer Westby stated that the ordinance defines a position to handle certain duties, noting <br />that the City Clerk typically handles rates and charges along with the Finance Director but noted <br />that staff could look at different assignments. <br /> <br />Councilmember Woestehoff commented that most cities in Minnesota are statutory cities rather <br />than charter cities and use a City Clerk. He stated that the ordinance could reference the City <br />City Council Work Session / February 23, 2021 <br />Page 5 of 7 <br /> <br />