8.2. SR 12-05-2016City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
8.2
Agenda Section
Meeting Date
Prepared by
General Business
November 21, 2016
Troy Adams, P.E. — ERMU General Manager
Item Description
Reviewed by
Utilities Commission Membership Expansion
Cal Portner, City Administrator
Reviewed by
Action Requested
1. Adopt, by motion, a resolution approving Laws of Minnesota 2016, Chapter 97-H.F. No. 2718.
2. Adopt, by motion, an ordinance amending the City of Elk River Code of Ordinances Cbapter 2, Article
V, Division 5, Public Utilities Commission, Section 2-271, Statutes Accepted, and Section 2-273, Membersbip.
Background/Discussion
On October 5, 2015, Council directed staff to work with State Representative Nick Zerwas of District
30A and State Senator Mary Kiffineyer of District 30 to carry a bill requesting the expansion in utilities
commission membership. Based on input from the Council and Commission, the requested expansion
would allow the city to increase the membership of the commission to five members. And upon
expanding to five members, no more than two members could also serve as council members. The terms
for these additional members must be staggered and consistent with the bylaws governing the
commission.
Representative Zerwas drafted the bill and Senator Kiffineyer drafted the identical companion bill. And
on May 12, 2016, Governor Dayton signed the bill. Laws of Minnesota 2016, Chapter 97-H.F. No. 2718
is attached for reference.
This legislation grants authority to the City of Elk River to expand the Utility Commission to five
members. To act on this authority the Council must adopt a resolution approving the legislation and
adopt an ordinance amending the City Code of Ordinances to include the language from this legislation
as an accepted statute and to provide for expansion of the commission to five members.
The ordinance amendment provides that it will take effect on March 1, 2017. The intent is that two
additional members will be appointed on that date.
Financial Impact
N/A
Attachments
■ Resolution of Approval of Laws of Minnesota 2016, Chapter 97-H.F. No. 2718
■ Laws of Minnesota 2016, Chapter 97-H.F. No. 2718
■ Ordinance amending City of Elk River Code of Ordinances, Chapter 2, Article V, Division
5, Public Utilities Commission, Section 2-271, Statutes Accepted, and Section 2-273,
Membership
P a w E R E U 6 Y
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City of
Elk
River
Resolution 16-
A Resolution of the City of Elk River Approving the Laws of Minnesota 2016,
Chapter 97 -House File Number 2718
WHEREAS, on May 12, 2016, the Governor of Minnesota signed Laws of Minnesota
2016, Chapter 97-H.F. Number 2718; and
WHEREAS, Laws of Minnesota 2016, Chapter 97-H.F. No. 2718 grants authority to the
City of Elk River to expand the Elk River Utilities Commission to 5 members; and
WHEREAS, under Minnesota Statute, Section 645.021, subd. 2, a special law shall not be
effective without approval of the local government units affected and such approval shall be
by resolution adopted by majority vote of all members of the governing board; and
WHEREAS, under Minnesota Statute, Section 645.021, subd 3, if the City of Elk River
fails to file a Certificate of Approval of the special law before the first day of the next regular
session of the Legislature, which is January 3, 2017, the law is deemed disapproved by such
units of government; and
WHEREAS, the City of Elk River desires to approve the special law and ensure that it
becomes effective.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The City Council of the City of Elk River does hereby approve of Laws of
Minnesota 2016, Chapter 97-H.F. No. 2718.
Passed and adopted this 5 h day of December, 2016.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
row€R10 8
NATUREI
03/03/16 REVISOR LCB/DI 16-6245
This Document can be made available
in alternative formats upon request State Of Minnesota
HOUSE OF REPRESENTATIVES
EIGHTY-NINTH SESSION H. F. No. 2 718
03/08/2016 Authored by Zerwas
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy
03/17/2016 Adoption of Report: Placed on the General Register
Read Second Time
04/26/2016 Calendar for the Day
Read Third Time
Passed by the House and transmitted to the Senate
05/05/2016 Passed by the Senate and returned to the House
05/12/2016 Governor Approval
1.1 A bill for an act
1.2 relating to local government; permitting the city of Elk River to increase the
1.3 membership of its public utilities commission.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. ELK RIVER PUBLIC UTILITIES COMMISSION MEMBERSHIP.
1.6 Notwithstanding Minnesota Statutes, sections 412.331 and 412.341, subdivision 1,
1.7 the city of Elk River may increase the membership of the city's public utilities commission
1.8 to five members. Upon increasing the membership to five members, no more than two
1.9 members may also serve as city council members. Terms for the additional members
1.10 shall be staeeered and set in accordance with the bvlaws eovernine the public utilities
1.11 commission.
1.12 EFFECTIVE DATE. This section is effective the day after the governing body of
1.13 the city of Elk River and its chief clerical officer timely comply with Minnesota Statutes,
1.14 section 645.021, subdivisions 2 and 3.
Section 1. 1
iver
Ordinance 16 -
to be removed
Underlines to be added
An Ordinance Amending, Chapter 2, Article V Regarding Membership of the Public
Utilities Commission of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That � 2-271, Statutes accepted, of the City of Elk River Code of Ordinances, shall
be amended as follows:
The city hereby accepts the provisions of Minn. Stats. �§ 412.331-412.391.
In addition, the city hereby accepts Laws of Minnesota 2016, Chapter 97 - H.F. No. 2718, signed by
the Governor of Minnesota on May 12, 2016, which states: "Notwithstanding Minnesota Statutes,
sections 412.331 and 412.341, subdivision 1, the city of Elk River may increase the membership of
the city's public utilities commission to five members. Upon increasing the members to five
members, no more than two members may also serve as city council members. Terms for the
additional membership shall be staggered and set in accordance with the bylaws governing the public
utilities commission."
SECTION 2. That § 2-273, Membership, of the City of Elk River Code of Ordinances, shall be
amended as follows:
Each member of the public utilities commission shall be a resident of the city. The public utilities
commission shall consist of five members, with a minimum of one member and no more than two
members being city council members Terms expire on the last day of February in the appropriate
year.
SECTION 3. That this ordinance shall take effect on March 2, 2017, and be published as provided
by law.
Passed and adopted by the City Council of the City of Elk River this 5th day of December, 2016.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
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