7.4. SR 08-09-1999
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Item #7.4.
MEMORANDUM
RiverTO:
FROM:
Mayor & City Council
Pat Klaers, City Adl...k.. st;ator
TftJll-
August 9, 1999
DATE:
SUBJECT: Accept Resignation from WWTS Supt.
and Discuss Position
As most everyone knows, Wastewater Treatment System Superintendent
Darrell Mack is retiring and has submitted his resignation. His last day with
the city will be August 31, 1999. We will miss Darrell very much as he has
long been an institution with the city (about 28 years), but we look forward to
the changes and opportunities that come with his retirement.
Darrell's resignation is sure to rekindle the discussion about the water utility
and sewer utility having one department head manage both operations. This
was previously discussed when the water superintendent announced his
retirement and resignation earlier this summer. Ultimately, nothing moved
forward on this proposed joint position, due in part to the other (non-water
department) responsibilities that the water superintendent performed. A
new employee coming in to a position that is shared would be a better
situation than what was previously discussed, which was moving an existing
employee into a shared position. The city has the luxury of time to explore
this option as we have a very capable sewer department working foreman,
Gary Leirmoe, to handle the day to day responsibilities until we determine
what direction we want to take with this position.
If for whatever reasons a joint position does not work out, then the city will
need to evaluate its options for filling Darrell's position. One option is simply
to advertise for the same position that Darrell is leaving. On the other hand,
the city most likely will want to consider restructuring the position to make
sure it is consistent with the department needs, the comparable worth plan
and the city pay plan. The city may want to consider something above a
working foreman and below a superintendent status assuming the top
employee has adequate direct supervision by either me or City Engineer
Terry Maurer. Under this scenario we may want to try having Terry Maurer
supervise this department, but Terry is not a city employee and is a
consultant (even though he is in his City Hall office about four days per
week).
Lots of options are possible in looking at the sewer department and Darrell's
position. Things have gone very well for the city and for the water
department as they are currently operated, but this resignation presents
some opportunities to explore different options.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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MEMORANDUM
TO:
Patrick Klaers
City Administrator f!11
Darrell MacW;<v(;.
Wastewater ~~tment
Facility Superintendent
FROM:
DATE:
July 29, 1999
SUBJECT: My Resignation
I have been working for the city of Elk River since 1971. Though my years with the
city have been good, and I will miss the friendships here, I have decided to retire and
spend more time pursuing personal interests. Therefore, my last day of employment
with the city will be August 31, 1999.
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SECTION 210 - PUBLIC UTILITIES COMMISSION
210.00 - PUBLIC UTILITIES COMMISSION CONTINUED
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There is hereby continued as heretofore established, in the City
of Elk River, a Public Utilities Commission for the City pursuant
to the provisions of Minnesota Statutes, Sections 412.321 to
412.391.
210.02 - MEMBERSHIP
The Public Utilities Commission shall consist of three (3)
members appointed by the Council. No more than one (1) member
may be chosen from the Council membership. Each member shall
serve for a term of three (3) years and until his successor is
appointed and qualified, except that of the members initially
appointed, one shall serve for a term of one (1) year, one for a
term of two (2) years, and one for a term of three (3) years. All
terms shall end on the last day of February, however, members
shall hold office until their successors have been appointed.
Appointments shall be made at the first regular Council meeting
in March. Each member of the commission shall be a resident of
the city of Elk River. A vacancy on the Commission shall be
filled by the Council for the unexpired term.
210.04 - ORGANIZATION
The Public Utilities Commissfon shall adopt rules for its own
proceedings which shall provide, among other things, for at least
one regular meeting by the Commission each month. It shall
annually choose a president from among its own members and shall
also appoint a secretary for an indefinite term. The secretary
need not be a member of the Commission and maybe the City
Administrator. N9 member of the Commission shall receive a
salary except as fixed by the Council. The secretary shall
receive a salary fixed by the Commission.
210.06 - JURISDICTION
The following public utilities shall be within the jurisdiction
of the Public Utilities Commission:
1. City water system.
2. City light and power system.
.JKGO.08 - POWE~~
1. The Public Utilities Commission shall have power to extend
and to modify or rebuild any public utility within its
jurisdiction and to do anything it deems necessary for its proper
and efficient operation; and it may enter into necessary
contracts for these purposes. The Commission shall have the
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power to provide and fix rates for security, safety, fire and
energy management systems to residents of the City and its
customers. The provisions'of Minn~sota Statutes, Section
412.311, relating to advert~sement for bids, shall apply to
contracts of the Commission.
2. .The Commission shall. have power to employ all necessary help
for the management 'and op'eration of .said public utilities,
prescribe duties of officers and employees, and fix their
compensation.
3. The Commission shall have power to buy all fuel and supplies
for City distribution.
4. The r Commission shall have power to fix rates and to adopt
reasonable.. rules and regulations for utility service supplied by
the municipally-owned public utilities within its jurisdiction.
5. The. Commission.. shall. have power to enter into agreements
with the Council for payments by the City for utili ty service,
compensation for the use by either the Commission or the City,
buildings, equipment and personnel under the control of the
other, payments to the City in lieu of taxes, transfers of
surplus utility funds to the general fund, and also agreements
other subjects of relationship between the Commission and the
Council.
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210.10 - FUNDS
1. A separate fund or a separate account shall be established
in the City treasury for each utility under the jurisdiction of
the Public Utilities Commission. Into this fund or account shall
be paid all the receipts from the utility and from it shall be
paid all disbursements attributable to the utility.
2. The Commission shall, consistent with the provisions of
state law, audit claims to be paid from the public utilities
fund. The secretary of the Commission shall draw an order upon
the treasurer for the proper amount allowed by the Commission.
Upon countersignature by the president of the Commission and
presentation, the order shall be paid by the treasurer.
210.12 - REPORTS
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The accounting officer of the Public Utilities Commission shall
make such monthly or annual statements of operation as the
Commission may require. A copy of each report shall be filed in
the office of the City Administrator. An annual financial report
shall be made and a copy filed with the City Administrator at the
close of the calendar year and shall be. included as part of the
annual financial statement of the City Administrator in
conformance with Minnesota Statutes, section 412.281. The cost
of publication of any other official statement required by law to
be published shall be paid from public utility funds.
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. UTILITIES .
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412.321 MUNICIPAL UTILITIES. / I ,
Subdivision 1. Authority to own and operate. Any statutory city may own and ope~te
any waterworks, district heating system, or gas, light, power, or heat plant for supplymg Its
own needs for utility service or for supplying utility service to private consumers or both. It
may construct and install all facilities reasonably needed for that purpose and may lease or
purchase any existing utility properties so needed. It may, in lieu of providing for the local
production of gas, electricity, water, hot water, st7~' or heat, purc~ase the same v:holesale
and resell it to local consumers. After any such utility has been acqurred, the councll, except
as its powers have been limited through establishment of a public utilities commission in the
city, shall make all necessary rules and regulations for the pr?tec~o.n, maintenance, opera-
tion, exterision, and improvement thereof and for the sale of Its utility products.
, Subd. 2,1 Vote on' establishment.. No gas, light, 'power, or heat utility shall be
constructed, purchased, ~r leased until the proposal to do s? has be:en submi~ed to the voters
at a regular or special election and been approved by fi ve-eIghths of those vOting on the prop-
osition. Such proposal shall state whether the public utility is to be constructed, purchased, ~r
leased and the estimated cost or the maximum amount to be expended for that purpose. This
proposal and a proposal to issue bonds to raise money the~e:?r may be sub~tte~ c:ither seI?a-
rately or as a single question. The proposal for the acqUlSItiOn ?f the pu!>li~ u~ty may m-
clude authority for distribution only or for generation or production and distn~ution of a ps:-
ticular utility service or group of services. Approval of the voters shall be obtamed under this
section before a city purchasing gas or electricity wholesale and distributing it to consumers
acquires facilities for the manufacture of gas or generation of electricity .unless the vot,ers
have, within the two prev.ious years, apPr<?ved a proposal for both generation or producti~n
and distribution." <. "'. . ,'. :: '.. ;
Subd. 3. Extension beyond limitations. Any city may, except as otherwise restricted
by this section, extend any such public utility outside its limits and furnish service to cons um-
4Ji321 :STATUfORY Cl'l1ES
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ers hi sucliarea at such rates arid upon such terms as the council orutility,coID.D;l.ission, if th.ere
is'one; shall determiiie; but no such extension shall be made into any ~corpQra~dplu~cipa\7
ity Witli~ut its c9i1serit'The sale of electricity, other than surplus, outside tbe limits Qf the c.i~
shallbe subjectto the restrictionof:section !45529.:;~;j(i "'~:!r. > ii:"W'~,i",.:'~;; ~:';1 ~I:: ,"~l":;~:
. n r'. ,( Subel: 4;: Le8S~ Sale;o-r:abandoDment Any such 'utility m~y be;}eaSe9; sold, or its op-
ef.a~on.di~ontiDu~a ~~?qy"o~in part, by or~an.ce o~resolu?on of~e c~un~il; 'appf?ved by
two:-th:irdS ofthc'electors voting' on the ordinllnce or resolution at a general' or Special eleco:.
tlon:'If the utilitY.~iS'i,irider the'juiisdiction of a public utilities commission; the'ordinance or
!'e'soluppii !>hall be 'coIi~wream by the public' utilities coinmilision. Su~h action may be taken
With reSpect to Wiyspecific.p'atrofthe'utility;which paifshall be named in the ordinance or
. resolution; but it shall not be necessary to submit the ordinance or resolution to the voters in
such caSe:if the action propos~d will notresult in depriving ~y ~ustome:r in~idC? ~~ ~~rporate .
limits of any type of municipall1tility service available.before th,e, s~e, !ease pi pisconti,nu-
ance of operation .. ..~ h . "'. . ; ',.. .' '''. ,....... .':-
:,~; History: 19~9c 1;9's"39-42,: 1955'c~6~s'j;'l~6Yc /i5~.~ti973li2i::t~ 2'1'~;:'
,subd2; 1981 c334s2; 1986c444 ., ....' '. .' : ':,;~:';';';If~';h:;';""ri-
~i2:3klRepeai6d '1949;c 119 's~lio]'/~{"r~~.,.! ~ ,jj':;-;. ,,<.: '.,: 'Iii,' h(j';Q;'; ;'~,.: t' '.
.~,..L :..I,~""i'.lf" ....:~!. J/~/.L~:~~v.<\.n'J:.r:':'~~., ~J/J"\q.';.)..~-,,:.j t)!...~'F':(}:': .;~~;1: ~!! ~~!'~..;j,:...;::~' ':1';':"', ;. ~c.:J
f;i2331\ESTABLISHMENT OF COMMIsSI()N.'. : .:>"A<(:"'~:';' '," , . .... "..,,:,
l".'U_'.-'~ v.~, i ..I......... .';';\'1;,'.;: ''';~;.~..:.....~.~. : IJ-' .:r[;....-.'J...);....,;".~..'t..,.....~.: ......1, ",' .. .;.
. ,':,:; -MY. ~taID;tory CIty may by:.ord!itance expressly accepting~e proVISIOns of sections
412.33100,412.391 establishipublicutilities coInmission with the powers and duties setout
~ tho~e .SeCtions. Any water, light; p<5~er 'and building 'corrlnllssion now i~ .existence m any
statutory city shall hereafter operate' as a public utilities commission under sections 412.321
t0412.39~.;, ,";' '. -J " .' '. " " " ~', ....'..' ';":<".:,::~;':;'~: "~"" ':,'
History: '1949 c 119's 43; 1973 c'123 art 2's 1 subd'2 . ~~. ., ,J .,'
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412.34 [Repealed, 1949 c 119 s 110] : ':
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412.341 COMMISSION; MEMBERSHIP, ORGANIZATION.
. Subdivision 1. Membership. The commission shall consist of three members ap-
pointed by the council. No more than one member may be chosen from the council member-
ship. Each me~ber shall serve for a term of three years and until a successor is appointed and
qualified except that of the members initially appointed in any city, one shall serve for a term
of one year, one for a term of two years, and one for a term of three years. Residence shall not
'be a qualification for memJ>ership on the commission unless the council so provides. A va-
cancy shall be f1lled by the council for the unexpired term. ' .
., Subd. 2. Rules; officers, salary. The cominission shaH adopt 'ruleSfor its own proceed-
ings which shall provide among other things for at least one regular meeting by the commis-
sion each month. It shall annually choose a president from among its own members. It shall
also appoint a secretary for an'indefmite term. The secretary need not be a member of the
commission and may be the city clerk. No member of the commission shall receive a salary
except as fIxed by the council. The secre~. shall receive a salary fIxed by the commission.
History: 1949 c 119 s 44; 1951 c 378 s 12; 1973 c 123 art 2 S 1 subd 2; 1986 c 444
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412.35 [Repealed, 1949 c119 s 110] .
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412.351 COMMISSION, JURISDICTION. ,,' ,
The council shall, in the ordinance establishing the commission, decide which of the
following public utilities shall be within the commission's jurisdiction: (1) the city water sys-
tem; (2) light and power system, including any system-then in use or later acquired for the
production and distribution of steam heat; (3) gas system; (4) sanitary or storm sewer system
or both; including the city sewage disposal plant; (5) public buildings owned or leased by the
city; (6) district heating system. As used subsequently in sections 412.351 to 412.391, the
term "public utility" means any water, light and power, gas or sewer system, or public build-
, ings thus placed by ordinance under the jurisdiction of the public utilities commission. Any
public utility not placed under the jurisdiction of the public utilities commission by the ordi-
469
SfA1UI'ORY OTIES 412.391
nance establishing the 'commission may be placed under the jurisdiction of the commission
by an amendment to the original ordinance.
History: 1949 c 119 s45: 1951 c"378 s 13: 1973 c 123 art 2 s 1 subd 2: 1981 c 334
s3
412.36 [Repealed, 1949 c 119 s 110]
412.361 SPECIFIC POWERS. . ' . .' '
Subdivision 1. The commission sliall have power to extend and to modify or rebuild any'
public utility and to do anything it deems necessary forits proper and efficient operation; and
it may enter into necessary cona:actS .for these purposes. The provisions of section 412.311
relating to advertisement for bids shall apply to contracts of the public utilities cQmmission.
Subd. 2. The commission shall have power to employ all necessary help for the manage-
ment and operation of the public utilitY, prescribe duties of officers and employees and fIx
their compensation. ., " " , ' . ,
Subd. 3. The commission shall have power to buy all fuel and supplies, and it may pur-
chase wholesale electric energy, steam heat, hot water energy, gas or water, as the case may
be, for municipal distribution. . I . .
Subd. 4. The commission shall have power to fIx rates and to adopt reasonable rules and
regulations for utility service supplied by the municipally owned public utilities within its
jurisdiction. ./.' "'.' .' ' , . ' , '
Subd. 5. The commission shall haye power to enrer into agree~entS with the council for
payments by the city forlltility service, compensation for the use by either the commission or
the city of buildings, equipment, and personnel under the control of the other, payments to the
city in lieu of taxes, transfers of surplus utility funds to the general fund, and also agreements
on other subJ~cts of relationships betweeI)- the .commission and the council.
History: 1949 c 119 s 46: 1953 c?3~ S 6: 1973 ~ 123 art 2 s 1 subd 2: 1981 c 334 s
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412.371 PUBLIC'UTIL:ITY FUND AND DISBURSEMENTS.
Subdivision 1: A separate fund or '~iseparate'account shall be established in the city trea-
sury for each utility. Into this fund or account shall be paid all the receipts from the utility and
from itshall be paid all disbursementS attributable to the utility...' ": ,'.,
, . Subd. 2'. The cominission shaU;:in. the s~e;~ann~r as the:councihirtder section
412.271, 'subdivision"1, ,and to the s~e extent,' audit claiffis to'be pal~ ~m the 'public utili-
ties fund. The secretaiY of the' commission shall ~Ylan .Qrder upon'the treasurer for the
pro~ramount allowed by the commission, :UPQn 'countet,signature by the preside~t of the
commission and presentation' orders shall be paid by the treasurer." . . . . ., .' .
.. _..'"..' '. _ . " .. ~ . . .. . . ,.: . . I' .' .i'," ":. ..' .... . \ .. ." r' . . . .
:", . History:. 1949 c 119 s 47: 1973 c 123 arj 2 sfsub4..2:)986, C 1.44. . . .: .
, ".:", ,.':.' .: i.:J". -1; ~',"';"; ~'~" ;~~.~.~;. . ;':." ;.,: . ~ '~"~ ':'." i'::... ~~. t,t ;":': ,,. . :'~ ,'... ~",
412.381 ~PORTS."':iI; .'; "'! ,.... ,i;.;:. ,,,..,', '. : ",;.:' . .t,',' ,.'~.,
',.The.accounting officer of the commission shall make such monthly. or annual stat~~
ments of operation as the commission may require~ A copy of each such report shall be filed
in the office of the city clerk. An annual fInancial report shall be mad~and a copy (iled with
the clerk at the close of the calendar,year and shall be included as part, of the annual~ancial
report or:statenient of the clerk in conformity with section 471.69.7 or 471.698. "[he cost of
publication 9f any other.~.ffi~i~ sta~e~~nt required by law to be published shall be paid from
public utility (unds. ., ".:.:L' ~l.. j; ,,,.,j, '. .,. '~'. " , .....
:' : History: 1949 c'119 s 48: 197a c 123 art 2 s 1 subd 2: 1987 c 384,art 2 ~ 90
'.:',' ..!~ :. ....:,t {~l':':i-":'. . t! ~'j'; .)~-::. ',;r:i.: 0;' :', ~ ", ". I , ~
4i2.391 ABOLITION.OF .cOMMISSION O~ UTILITY TRAN~FER. '
'" Subdivision 1. Tocouncll; procedure. The public utilities commission of any statutory
city may be abolfshed or its jurisdiction over any particular utility.transferred to thecoun~il
by followirig.the procedure prescribC?d in this section...' i:., ..,'., . C " ,:;" .~:: :'.:. ,.,.;
":" 'Subd. 2. 'Ballot question if.abolition. The' council may, and upon petition therefor
signed by voteiSequal in number to at least 15 percent of the electors voting at the last pre-
412.391, STA1UIORY ~
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vio~:.cityelection s~all ~~b~rto the; ~~ters"at!l re&War:or s~i~~l~on,the.' uestio~ of
aboli.tion of the public utilitiescolDIDlSslon. Th~.qu,estion on the ballot Shall'be~iated"sii~
stantiallyas follows' "Shall th bli tili.. ..;:.,.. .. -; '-. - -.. '7""" .~ ~
,,_. ' . ._....., .....,'~.P~_'-cu ~es,co:qumsslOnbe.abolished?~'.:...,' .... ,:"
:.',,' , Sub? 3. Ballot question iftransf~~:tipon like pi-e~e~tati;n(of a petiti~ri irii~l:;gbb~ ~~
the question o~ ~sfert~ the council of the jurisdicti~n of the commission over an one 'Or
more of the utilities p~~ously place~ under its jurisdiction, the cotiiicil slUill;'ul lc ~ame
manner as under subdi':lslon 2, subIDlt the question to the voters, The question,on the ballot
sP:ill~,,~!8ted. ~~bs~~~y ~. t~~~w~: ,~:~~~ J..~~~1i;?l;1"o~er ~am~'of Inibllc"utili!Y)'f,e'
~f~~ ,fro~,the.p~~Jj.c ,~t!lities COmIDlSSIOn to .tlie'council?" ;:..d.,,' .;(: ~H.lb:,'!;: :
VI i te:,.:~Ubd.d' ~::1;'fu1b' di' ~~~'.~fl~1i~~~?#iY:~fth.~~O~~~C.~t.:9ii'~pfoppsiti,'o~ siib~tted t~1he,"
9.. rs un ersu , VlSIon 2 or 3IS 1n the affirfu tiel. th'. . (<.. ".f"""~. " '
412.38i'sbil('-' "''', , :..;' .ll~):,,' ,. ",.ay~, .,~~Pwvl~lOnt?,~~tip~s~n.~}~~'to
Parti :, I' "iil~~' tc;> ~pp~y !?,th7 ~~~, m ~e ~ase ~~ ~ ~l~tion und~r SUbdIVISIOn 2, or to the .
." .(:1:l ar 1;1 l~ ~~nf1o~ed l~.~ep~?~SltiOnS~~~~dttor the voters; in the case of aD. elec-
tion under subdivlSlon 3. Such change shall take place!30 days"'afterthe election:. /.;;-::, ;jj:J::'
"::;q His\..~ i9,.r;y;..1?49;c 119.j~ 49,' 1953 c. 735 S 7' '197'3'c"'123, a' rt,2 s l'sub"d' '2d'i:;;I:':F;;".t.) " ~-';;~
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412'401~i2481 -.' I. "~-' ',"J ," J'~.J~':'lll;I;:I"';";'t;'~LI;ii:;::,~:"I':: :..(!:;?
. t '. \. ;: '. . . .' [Repeal~,}95~ c 398 s 13] ~I~~.rl rr.r-:lj;. .'!~ 'I'J[I:' ';';l:;;:.:.'~ .,;:lorf'oJ .', ;:r.rh
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