4.2 ERMUSR 03-12-2024��i
Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO:
FROM:
ERMU Commission
Mark Hanson — General Manager
MEETING DATE:
AGENDA ITEM NUMBER:
March 12, 2024
4.2
SUBJECT:
City Code Review - Article V, Division 5 — Public Utilities Commission
ACTION REQUESTED:
Review the code and provide comment
BACKGROUND/DISCUSSION:
On February 20, 2024, Elk River city staff reviewed Article V, Boards and Commissions with the
City Council. City staff presented a draft ordinance revision consisting mostly of housekeeping
items as there were inconsistencies among the organization of the various commissions
outlined in the ordinance. New items noted and discussed with City Council included:
1. Bylaws would now be required by each board to be reviewed and approved annually.
a. The Clerk's office would supply a template that can be used by each board.
b. Each Commission can set their schedules and certain items without needing an
ordinance amendment.
2. Information that applied to every board was removed from individual sections and
added to its own general section.
3. Sections are reorganized so all commissions follow the same section headings.
4. Clarification on reporting requirements to the City Council for all the boards.
Article V, Division 5 references our Public Utilities Commission. On request of the city staff,
ERMU staff have reviewed Division 5 and recommend the redlined changes noted on the
attached draft ordinance.
Attached documents provide only the relevant portion of the code.
ATTACHMENTS:
• City Code -Article V, Division 5 —Public Utilities Commission - Redlines
• City Code -Article V, Division 5 —Public Utilities Commission -Clean Copy
Page 1 of 1
57
ARTICLE V. BOARDS AND COMMISSIONS
DIVISION 5. PUBLIC UTILITIES COMMISSION'
Sec. 2-271. st-at tes. ptedEstablished
There is hereby continued as heretofore established in the city a public utilities commission.
The public utilities commission shall be governed independently by the officers and members of the Public s
Utilities Commission in accordance with section G.1a Bylaws of the Elk River Municipal Utilities Commission Policy.
The city hereby accepts the provisions of Minn. Stats. §§ 412.331-412.391.
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Sec. 2-272. Membership.
Membership of the Public Utilities Commission shall be in accordance with section Gla Bylaws of the Elk
River Municipal Utilities Commission Policy.
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 number of 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."
Sec. _2473 nneffl_hers.h:p
T
Sec. 2-273. Purpose.
The Elk River Municipal Utilities Commission is established to operate and maintain those utilities under its
jurisdiction iR ^'i^^m^^t w# as stated in section G.1a Bylaws the AwtheFity Rd Pupla s Pe-P ies; stated. in the Elk
River Municipal Utilities Commission Policv.
Page 1 of 2
01
Sec. 2-274. Powers, Duties, and Jurisdiction.
The utilities commission shall have and exercise the powers and duties conferred upon such commissions by
Minn. Stats. §§ 412.331-412.391 and by ordinances, rules, and regulations of the city. The commission shall also
exercise the duties conferred upon it by this Code and by the Elk River Municipal Utilities Commission Policy
Manual.
The following public utilities shall be within the jurisdiction of the public utilities commission:
(1) The city water system.
(2) The city light and power system.
Sec. 2-275. Meetings.
The public utilities commission shall meet regularly each month.
Sec. 2-27-56. Reports.
The accounting officer of the public utilities commission shall make such monthly or annual statements of
operation as the commission may require. 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 law. The cost of publication of any other official statement required by
law to be published shall be paid from public utility funds.
Sec. 2-2776. Violation of rules.
It is unlawful for any person to violate any rules promulgated by the public utilities commission.
Secs. 2-278.7-2-295. Reserved.
emission vision, goals, tasks, and accomplishments.
Page 2 of 2
59
ARTICLE V. BOARDS AND COMMISSIONS
DIVISION 5. PUBLIC UTILITIES COMMISSION'
Sec. 2-271. Established.
There is hereby continued as heretofore established in the city a public utilities commission.
The public utilities commission shall be governed independently by the officers and members of the Public
Utilities Commission in accordance with section G.1a Bylaws of the Elk River Municipal Utilities Commission Policy.
The city hereby accepts the provisions of Minn. Stats. §§ 412.331-412.391.
Sec. 2-272. Membership.
Membership of the Public Utilities Commission shall be in accordance with section G.1a Bylaws of the Elk
River Municipal Utilities Commission Policy.
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 number of 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.
Sec. 2-273. Purpose.
The Elk River Municipal Utilities Commission is established to operate and maintain those utilities under its
jurisdiction as stated in section G.1a Bylaws in the Elk River Municipal Utilities Commission Policy.
Sec. 2-274. Powers, Duties, and Jurisdiction.
The utilities commission shall have and exercise the powers and duties conferred upon such commissions by
Minn. Stats. §§ 412.331-412.391 and by ordinances, rules, and regulations of the city. The commission shall also
exercise the duties conferred upon it by this Code and by the Elk River Municipal Utilities Commission Policy
Manual.
The following public utilities shall be within the jurisdiction of the public utilities commission:
(1) The city water system.
(2) The city light and power system.
Sec. 2-275. Meetings.
The public utilities commission shall meet regularly each month.
Sec. 2-276. Reports.
The accounting officer of the public utilities commission shall make such monthly or annual statements of
operation as the commission may require. 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 law. The cost of publication of any other official statement required by
law to be published shall be paid from public utility funds.
Sec. 2-277. Violation of rules.
It is unlawful for any person to violate any rules promulgated by the public utilities commission.
Secs. 2-278-2-295. Reserved.
61