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<br />Senator Abeler questioned if the DNR is making the Council do this ordinance or if it is strongly <br />suggested they have one in place. <br /> <br />City Administrator Ulrich replied no one is making them do this ordinance but in the event of a <br />drought the governor would declare an emergency and have the DNR put on the restrictions county <br />by county. It could limit total water uses for any residential use including local residential gardens, <br />that is what the Council would like to prohibit. <br /> <br />Representative Scott questioned for clarity that the Council wants legislation that says in the event <br />that that happens that the DNR cannot disallow people from watering their gardens. <br /> <br />Councilmember Howell confirmed this, adding that grass and nonessentials wouldn’t be included. <br /> <br />Senator Abeler replied to have a law pass, the House, Senate, and Governor have to agree. He <br />offered to put a bill together to see where it would go. He thought that a lot of suburban people <br />would want their gardens preserved in the face of something like that. <br /> <br />Representative Heinrich questioned if the language that is being requested would also prevent a <br />future city council from putting on restrictions as well or if it is more protection from the State. <br /> <br />Councilmember Howell replied that is a good point, that both levels are important. She wanted to <br />protect the right for people to grow their own food to feed their families. <br /> <br />Representative Scott commented that consideration must be made for the size of the garden and <br />how much water could be used. She didn’t feel a blanket statement that residents can water their <br />garden is going to be adequate but would need parameters. <br /> <br />Senator Abeler replied it could be added to the list of things that can’t be disallowed and then <br />maybe the City could have authority to decide. He suggested the Council do some research and <br />sent it to him to be able to create discussion. <br /> <br />Councilmember Heineman commented that it is a case of State government deciding what is not <br />essential because it does allow an exemption for agriculture for large farms but specifically says <br />that residents aren’t allowed to do what large farms are doing. That is what he sees as the crux <br />that the rights of the individual aren’t the same as large corporations. <br /> <br />Senator Abeler commented that there is support among the Council and it will get drafted. <br /> <br />Councilmember Riley commented that on the list again this year is a state-wide licensure for <br />massage therapists as there is one currently and the cities have had to craft their own ordinances. <br /> <br />Senator Abeler replied that he and others have attempted to carry that bill before but nothing is <br />easy. He indicated it was a difficult issue and stated it is not for a lack of trying on his part. <br /> <br />City Council Work Session / January 25, 2022 <br />Page 8 of 23 <br /> <br />