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4.3. ERMUSR 10-13-15 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E.—General Manager John Dietz—Chair Al Nadeau—Vice Chair Daryl Thompson—Trustee MEETING DATE: AGENDA ITEM NUMBER: October 13, 2015 4.3 SUBJECT: Expansion of the Elk River Municipal Utilities Board of Commissioners BACKGROUND: Shortly after the Village of Elk River purchased Elk River Power&Light,the council by the provision of Minnesota Statute 412.331 created through resolution the Water,Light,Power and Building Commission. This commission is now the Elk River Public Utilities Commission with responsibility for the municipal electric and water departments. The commission's membership is in accordance with Statue 412.341 "consisting of three members appointed by council." At the September 8 utilities commission meeting,staff was directed to present a proposed expansion of the commission membership to the city council. DISCUSSION: A presentation was made at the October 5 city council meeting. Council supported the proposal for expansion and discussed the number of council membership allowable on the commission.The council approved action for legislation to expand the utilities commission up to five members;And Upon expansion to five members,no more than two commissioners could come from council membership. Minnesota Municipal Utilities Association(MMUA)helped draft language for legislation consistent with commission and council direction. This language is attached. Contingent upon commission approval,this language will be taken back to council for approval. Once both governing bodies have reviewed and approved the attached language,MMUA and staff will work with our local Representative Nick Zerwas to have the language taken to the Revisor's office to draft the proposed legislation. ACTION REQUESTED: Staff requests Commission approve the proposed language for an expansion of the utilities commission. ATTACHMENTS: • Proposed—Elk River Public Utilities Commission Expanded to Five Commissioners • POWERED 01 Reliable Public Page 1 of 1 ` Power Provider P O W E R E D T O S E R V E 65 Elk River Public Utilities Commission Expanded to Five Commissioners Notwithstanding Minnesota Statutes,section 412.341, subdivision 1,the city of Elk River may increase the membership of the city's public utilities commission to five members. Upon expansion to five members, no more than two members may be chosen from the council membership.Terms for the additional members shall be staggered and made in accordance with the bylaws governing the utilities commission. EFFECTIVE DATE: LOCAL APPROVAL. This section is effective the day after the governing body of the city of Elk River and its chief clerical officer complete in timely fashion their compliance with Minnesota Statutes, section 645.021,subdivisions 2 and 3. 66