4.4 SR 05-19-2025The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.4
Meeting Date
May 19, 2025
Prepared By
Tina Allard, City Clerk
Item Description
Ordinance 25-08 Regarding Membership
Requirements of the Elk River Municipal Utilities
Commission
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt Ordinance 25-08 regarding membership of the Elk River Municipal Utilities Commission.
Background/Discussion
Late last year, the City Council amended the ordinance regarding membership, powers, and duties for various
advisory boards.
The Elk River Municipal Utilities Commission originally had a residency requirement that was removed and
allowed to be determined per the bylaws of the commission. Staff felt that since the commission receives
delegated authority from the City Council, the commission eligibility requirements should remain in
ordinance, subject to Council approval or amendments.
The Elk River Municipal Utilities Commission reviewed this item and made the recommendations in the draft
ordinance.
Financial Impact
N/A
Mission/Policy/Goal
Together we win.
Attachments
1. ERMU Commission Staff Report
2. Draft Ordinance
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Strikethroughs to be removed
Underlines to be added
Ordinance 25 - 08
An Ordinance Amending Chapter, 2, Section 272 Regarding Membership of the Elk
River Municipal 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 § 2-272., Membership of the City of Elk River Code of Ordinances shall be
amended as follows:
Membership of the public utilities commission shall be as follows: in accordance with Section G.1a
Bylaws of the Elk River Municipal Utilities Commission Policy.
1. All commissioners shall be Elk River Municipal Utility electric customers,
2. At least one, preferably two or more, commissioner(s) shall be Elk River Municipal Utilities
water customers,
3. Up to two commissioners may be City of Elk River Councilmembers, and
4. Up to one commissioner may live outside of Elk River city limits.
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 Minn. Stats. §§
412.331 and 412.341, subd. 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.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19th day of May, 2025.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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