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8.5. SR 01-04-1993 ITEM 8.5. TO: MAYOR & CITY COUNCIL FROM: PAT KLAERS, CITY ADMINISTRATOR DATE: DECEMBER 29, 1992 SUBJECT: VACANCIES TO CITY BOARDS AND COMMISSIONS The City has advertised for vacancies on the Planning Commission, Park and Recreation Commission, and the Library Board. In addition to these three advisory groups, the City also makes appointments to the Utilities Commission and the Health Care Delivery Commission. . Health Care Delivery Commission The Health Care Delivery Commission was created in 1991. Attached for your review is the roster and ordinance for this Commission. The Commission is set up on a 3/2/2 cycle for appointments. The hospital representative, Doctor Barb LeTourneau, has been replaced by Doctor David Goldstein. Since Mark Stutelburg, Doctor Lee Rock and Dr. David Goldstein have only served on the Commission for a little over a year, it is recommended that these three members be reappointed for a term that expires on 12/31/95. Ambulance Coordinator, Steve Dittbenner, has advised me that these three individuals desire to be reappointed. Park and Recreation Commission - Two terms are up on the eight member Parka.nd Recreation Commission. The roster and ordinance for this Commission is attached. Clete Lipetzky and Dana Anderson have both requested to be reappointed. No other applications for this Commission have been received. The Council must decide to either readvertise for applications for this Commission or reappoint one or both of the existing Commissioners. If reappointment takes place, the terms are for three years and would end on 12/31/95. . Library Board Marsha O'Brien's term on the Library Board expired at the end of 1992. Attached for your review is the Library Board By-laws and roster. Marsha has requested reappointment to the Library Board. The terms on the Library Board are for three years and would expire on 12/31/95. The City received one application for the Library Board from former Elk River Librarian, Bill Pollard. If Marsha 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 . is reappointed, there still is one vacancy on the Library Board as Daryl Bronniche has submitted his letter of resignation. Daryl's term is due to expire on 12/31/93. The City Council must decide whether or not to readvertise for this vacancy on the Library Board or whether or not it would want to interview and consider the appointment of Bill Pollard to the Library Board. Planninq Commission The vacancies on the Planning Commission have previously been discussed by the City Council and interviews with the four applicants are scheduled for Janaury 11, 1993, at about 8:00 p.m. at City Hall following the EDA meeting. Commissioner Al Nadeau and Rob VanValkenburg have both indicated that they do not want to be reappointed to the Commission. The terms on the Commission are for three years. The applicants for the Commission are Bob Emerson, Louise Kuester, Chris Kreger, and James Tacheny. . Utilities Commission - There are three members on the Utilities Commission. These members are appointed by the City Council for three year terms. Attached for your review are the Utilities roster, ordinance, and the Utilities Commission State Statute. The term of the City Council representative on the Utilities Commission, Jim Tralle, expired at the end of 1992. Options before the City Council include to either appoint a City Council representative to the Utilities Commission, advertise for applicants for the Commission, or reappoint Jim Tralle to the Commission with the understanding that the next appointment, that is not a reappointment of existing members, would be a City Council representative. . . . . HOUSING AND REDEVELOPMENT AUTHORITY COMMITTEE 5 YEAR TERM COMMITTEE MEMBER TERM EXPIRES RICHARD HINKLE - Vice Chair 13432 Meadowvale Road Elk River, MN 55330 12/31/92 DUANE KROPUENSKE - Secretary 20760 York Street Elk River, MN 55330 12/31/96 HANK DUITSMAN 12354 Ridgewood Drive Elk River, MN 55330 12/31/95 LARRY TOTH 813 Fawn Drive Elk River, MN 55330 12/31/94 GENE SCHULDT 1218 Main Street Elk River, MN 55330 12/31/93 PHONE =It ... ~f 441-7290 H 441-3717 H 441-2840 H 441-1269 H . ELK RIVER PLANNING COMMISSION 3 YEAR TERM COMMISSION MEMBER TERM EXPIRES WARD PHONE # ALLAN NADEAU, Chair 12/31/92 4 441-2809 H 724 Irving Street Elk River, MN 55330 MARY EBERLEY, Vice Chair 12/31/94 2 441-4526 H 20204 Smith Street Elk River, MN 55330 RITA JOHNSON 12/31/93 3 441-4547 H 508 Tipton Avenue Elk River, MN 55330 ROB VANVALKENBURG 12/31/92 3 441-4257 H 17432 Highway 10 Elk River, MN 55330 . ROBERT MINTON 12/31/94 1 241-9104 H 13700 Riverview Drive Elk River, MN 55330 DAN TVEITE 12/31/94 1 441-8542 H 13275 192-1/2 Avenue NW Elk River, MN 55330 fl. '~t , DONALD SPOTTS 12/31/93 2 441-8645 H 19044 Xavier Street Elk River, MN 55330 . I! . . . HEALTH CARE DELIVERY COMMISSION 3 Year Term DR BARBARA LETOURNEAU 1305 Pinehurst Avenue St. Paul, MN 55116 *Medical Director MARK STUTELBERG Health One Transportation 167 Grand Avenue St. Paul, MN 55102 *Health One Representative STEVE DITTBENNER 12861 188th Avenue NW Elk River, MN 55330 *Ambulance Coordinator ROBERT DREISSIG 533 6th Street NW Elk River, MN 55330 *Ambulance Staff Member TOM TYLER 19981 Troy Street NW Elk River, MN 55330 *E.R.P.D. Representative MARY JO SWANSON 19938 Ironton Street NW Elk River, MN 55330 *Resident Representative TERM EXPIRES 12/31/92 12/31/92 12/31/93 12/31/93 12/31/94 12/31/94 DR. LEE ROCK 12/31/92 3888 NW 139th Lane Andover, MN 55304 *Elk River Medical Representative PHONE :# .. ~ 441-3166 441-0337(H) '" 441-6371(H) '" . . . SECTION 212.00 - HEALTH CARE DELIVERY COMMISSION 212.00 - ESTABLISHMENT OF HEALTH CARE DELIVERY COMMISSION (- ) There is hereby established in the City of Elk River a Health Care Delivery Commission pursuant to the provisions of this Ordinance. 212.02 - MEMBERS AND TERM The Health Care Delivery Commission shall consist of seven (7) members who shall be appointed by the Council at the first meeting of the year for terms of three (3) years except that of the members first appointed, two shall serve for a term of three (3) years, two for a term of two (2) years, and three for a term of one (1) year. The Commission will consist of the following: 1. A resident of Elk River. 2. Medical Director for Elk River Ambulance. 3. A member of Health One Transportation. 4. Coordinator for Elk River Ambulance. 5. , Elk River ambulance staff member. 6. Representative of Elk River Police Department. 7. Member of the Elk River medical community. A vacancy during the term of any member shall be filled by City Council appointment for the remainder of the term. 212.04 - POWERS AND DUTIES The Health Care Delivery Commission shall have and exercise all the powers and duties conferred upon local boards of health by Minnesota Statutes and other applicable laws and regulations of the State of Minnesota as well as those powers and duties imposed upon them by local ordinance. The Commission shall provide appropriate communication to the emergency health service staff and submit appropriate recommendations to the City Council on an annual basis. The Commission shall meet at least two times each calendar year. (~I 2.20 . LIBRARY BOARD 3 YEAR TERM COMMITTEE MEMBER TERM EXPIRES PHONE * VICKI SULLIVAN - Chairperson 12/31/94 441-7820 219 Morton Avenue Elk River, MN 55330 WARD 3 DEBRA ANDERSON 12/31/94 441-5633 18239 Fresno St. Elk River, MN 55330 WARD 1 KEN RINGSTAD 12/31/93 263-3697 Route 1 Big Lake, MN 55309 DARYL BRONNICHE 12/31/93 441-7788 13513 Meadowvale Road Elk River, MN 55330 WARD 1 . MARSHA O'BRIEN 12/31/92 441-3985 821 Gates Avenue Elk River, MN 55330 WARD 4 ---------------------------------------------------------------- ---------------------------------------------------------------- LIBRARIAN: Mick Stoffers 14092 Victoria Lane Elk River, MN 55330 441-6909 H LIBRARY ADDRESS: 413 Proctor Avenue 441-1641 . ) , .,.. " '-. of the Elk River Public Library . Board of Trustees adopted May 22, 1988 -,. 1 ''It By L.a.",",,-=- Elk Ri~~r P~blic Libr.a.ry B~.a.rd ~~ Dir~ct~r-=- ARTICLE I ~Slm~ The name of this organization shall be the Elk River Public Library Board of Directors. The Elk River Public Library Board of Directors is established as authorized by Minnesota Statutes Sec. 134.07-134.15. ''1tF 'l't _at;..~:!,_..u ARTICLE: II The Elk River Public Library is located in the city of Elk River at 413 Proctor Avenue and is a branch of the Great River Regional Library System, headquartered in St. Cloud. ARTICLE III Puroose The purpose of the Elk River Library Board of Directors is to oversee the physical facility housing the Elk River Public Library and to promote the best possible use of all library resources. ''--. By-Laws ART:tCLE :tv .~sgonsibilities The Elk River Library Board o~ Directors will be responsible ~or: 1. Providing an adequate physical ~acility and ~urnishings ~or library service. 2. Providing heat, light, water and other utilities (Excluding telephone). 3. Providing o~ physical maintenance (including janitorial service) and repair o~ ~acility. 4. Development and interpretation of policies relating to community room use. 5. Develpment of additional local funding (taxes, gi~ts, etc.) for supplementary materials and equipment. 6. Encouragement o~ local special programming ARTICLE V '---"'eembershi r;t The voting membership shall consist o~ five members each serving a three year term. All terms shall end with the city's fiscal year. The mayor, with the approval o~ the city council, shall appoint a su~ficient number of persons to ~ill the positions o~ those whose terms expire. A Library Board member shall not be eligible to serve more than three consecutive three year terms. Th. librarian will serve as an ex-o~ficio member. Not more than one member shall at any time be a member o~ the city council. Library Board members shall receive no compensation for their services but may be reimbursed for actual and necessary expenses ,encurred in the discharge of Library Board duties and activities. By-Laws 3 G . ARTICLE VI Vacancies~ Disgualifications The Library Board Chairperson shall report vacancies in the Board to the City Council. The Council shall fill the vacancies by appointment for the expired term. Attendance of a minimum of eight regularly scheduled meetings per year is required. Less than that will be reason for disqualification. When any board member fails to attend at least three consecutive meetings the board shall declare the position vacant. it shall be the duty of the chairperson to notify the Mayor of the vacancy and by direction of the Board, suggest names to the appointing official of persons who may qualify to fill the position. The Mayor, with the approval of the City Council, may remove any member for misconduct or neglect. -~ '-'. ARTICLE VII Meetings Regular meetings shall be held on the third Tuesday of every month at 7:00 pm in the Community Room of the Elk River Public Library. The January meeting shall be the annual meeting. Additional meetings and committees shall be created as needed by the chairperson. Robert's Rules Of Order, latest revised edition, shall govern the parliamentary procedure, however, the following shall be accepted practice: -. 1. Three Library Board Directors shall constitute a quorum. 2. A majority vote of those eligible voters present shall be necessary to act upon any motion or recommendation. By-Laws 4 By-Laws 0. If a regularly sc:heduled meeting is suspended the Treasurer or the Chairperson shall sign all bills for payment whic:h are usual and budgeted. The Board of Direc:tors shall rec:eive at it's next regularly sc:heduled meeting a report of all suc:h bills paid. Any member missing two c:onsec:utive regularly sc:heduled meetings will be asked for a letter of intent. the Sec:retary will notify the member in writing regarding his or her status and request suc:h a letter. If a member misses a third c:onsec:utive meeting and the Library Board has not rec:eived a letter of intent, after requesting one, the library Board then has the power to remove that person from the Library Board without further c:onsideration. Spec:ial Meetings Spec:ial meetings of the Library Board of Directors shall be called by the Chairperson or voic:e vote at a regularly scheduled meeting for_the transaction of business as stated in the meeting request. '--./.PEN MEET I NGS Meetings are open to the public. The Library Board of Direc:tors is a formal governmental body and must adhere to the Minnesota Open Meeting law. Meetings must be publicized 24 hours prior or the Board of Directors will be held accountable as individuals for a $L00 fine. -. . ~. ~. 5 By-Laws. ARTICLE VIII Qrder o~ Business Order o~ Business at regular meetings shall be: 1. Call to order 2. Quorum 3. Visitors 4. Petitions to the Chair, Open Forum 5. Adoption/Amendment o~ Agenda 6. Minutes o~ previous meetings 7. Treasurer's Report 8. Approval o~ Bills 9. Librarian's report 1m. Committee reports ~. Communications 12. Old Business 13. New Business 14. Announcements 15. Next meeting 16. Adjournment 6 -/. ART:ICLE :IX Officers, Duties, Elections Officers of the Elk River Library Board of Directors shall be: Chairperson, Vice-Chairperson, Secretary and Treasurer. Officers will be selected by the membership of the Library Board of Directors. No elected officer shall hold the same office for more than three years in succession so as to revolve the leadership. --l ~' . ~. By-Laws ~ '~ --. 7 By-Laws ---4 Duties of the officers shall be: Cha~rperson - Calls meeting to order, Presides and Maintains order through the proceedings. Knows and abides by Robert's Rules of order and city, regional and state policies. Vice-ChaiCQerspn - Assumes the duties of the Chairperson upon the absence of the Chairperson. automatically becomes the Chairperson if a vacancy occurs in the office and serves out the remainder of the term. Secretary - Records minutes of all meetings and makes a permanent file of said minutes available to the public at the Elk River Public Library. with the Librarian's aid will compile and disburse said minutes to all Board Members prior to their neKt meeting. Work with the Librarian at publicizing Board meetings according to the Minnesota Open Meeting Law. Answer and bring to the Library Board's attention all pertinent correspondence. Treasurer - Works with the librarian in presenting a monthly eKpense statement to the Library Board in order to keep the budget up to date. works with the Elk River financial manager in keeping Library fund record. Responsible for starting annual budget talks. Responsible for filing of an annual report with the city. 8 By-Laws ~Nominations Each voting member has the right to make a nomination and a voting member has the right to nominate himself/herself for office. Elections shall be held annually at the first regular meeting following the close of the city's previous fiscal year. Nominations for voting members. vote. each office may vary from one to the total of Nominations will cease upon a motion, second and Vacancies in office Vacancies in office shall be filled by vote at the next regularly scheduled meeting of the Board of Directors after the vacancy occurs. Elected persons filling the vacant positions will hold office through the remainder of the present term but will not be Charged ~s their term of office (except in the vacancy of the Chairperson, ~upon which time the Vice-Chairperson will take charge of the office and duties of the Chairperson). ARTICLE X Annual Report At the first regular meeting of the Board of Directors following the end of each fiscal year of the city, the Board of Directors shall report to the City Council all amounts received during.the preceding year and the sources thereof, the amounts expended and for what purposes, the number of books on hand, the number purchased and loaned and other such information as it deems advisable. The Treasurer and Secretary will work with the Librarian in compiling the Annual Report. -. 9 By..,.Laws . ARTICLE XI Library Fund There shall be created a library fund which shall be .kept separate from other accounts of the city. All monies received by the Elk River Public Library shall be paid into the city treasury, credited to the library fund, kept separate from other monies of the city and paid out only upon itemized vouchers approved by the Board. The City Council may, by separate ordinance, levy an annual tax of not more than 2.6-2/3 mills on the dollar, of all taxable property within the city, for the benefit of the Elk River Public Library, all in accordance with Minnesota Statutues 134.07. proceeds of any such tax shall be deposited in the library fund. The Elk River Library Board of Directors shall have exclusive control of the expenditure of all monies collected for or placed to the credit of the library fund. All bills will be reviewed by the Board of Directors and approved ~or payment by majority vote before being sent to City Hall for payment. ARTICLE XII Amendments These By-Laws may be amended at any regular meeting of the Elk River Public Library Board of Directors with a quorum present, by majority vote of the members present providing the amendment was stated at the previous meeting. These By-Laws will be in force upon adoption by the Elk River Public Library Board of Directors. ---------------------------------------------~-------------------- ADOPTED AS AMENDED MAY 22, 1986 \~ . PARK AND RECREATION COMMISSION 3 YEAR TERM COMMISSION MEMBER TERM PHONE # DAVE ANDERSON, Chairman 12/31/93 441-4582 H 14845 County Road #30 Elk River, MN 55330 ROLFE ANDERSON, Vice Chair 12/31/94 441-6947 H 19411 Irving Circle Elk River, MN 55330 JOSEPH ST. DENNIS 12/31/94 441-4887 H 21275 York Street ~ Elk River, MN 55330 MIKE O'BRIEN 12/31/94 441-3985 H 821 Gates Avenue t'tl Elk River, MN 55330 BYRON HOUGHTELIN 12/31/93 441-6080 H 11939 193rd Lane NW Elk River, MN 55330 . CLAIR OLSON 12/31/93 441-4270 H 10476 205th Avenue NW Elk River, MN 55330 CLETE LIPETZKY 12/31/92 441-4983 H 19796 York Street NW ~ Elk River, MN 55330 DANA ANDERSON 12/31/92 441-3874 H 8720 Ohland Avenue Elk River, MN 55330 --------------------------------------------------------------- JEFF ASFAHL, 728 Area Recreation Coordinator IIIIIIIIIIIIIIt CHARLIE BLESENER, Community Education Director IIIIIIIIIIIIIF 1230 School Street Elk River, MN 55330 PHIL HALS, Street Superintendent PAT KLAERS, City Admininstrator Elk River City Hall 720 Dodge Avenue NW Elk River, MN 55330 . . . . SECTION 216 - PARK AND RECREATION COMMISSION 216.00 - ABOLITION OF PARK BOARD AND RECREATION BOARD The Park Board and Recreation Board in and for the City of Elk River heretofore established pursuant to the provisions of Minnesota Statutes, Section 412.501 to 412.531, is hereby abolished. 216.02 - ESTABLISHMENT OF PARK AND RECREATION COMMISSION A City Park and Recreation Commission for the City bf Elk River is hereby established. This Park and Recreation Commission is established pursuant to the authority given by the Minnesota Statutes Section 412. 216.04 - PURPOSE OF COMMISSION The Park and Recreation Commission is established to review and to make recommendations to the City Council on the development and organization of the City parks and City recreation programs. The scope of the Commission shall consist of advising the City Council regarding matters relevant to the parks and recreation functions of the City. The Commission shall participate in the planning for' development and acquisition of parks and recreation programs. l 216.06 - MEMBERSHIP AND TERMS The Park and Recreation Commission shall consist of eight (8) members appointed by the City Council for terms of three (3) years each. The terms of the members shall be staggered so that no more than three (3) terms of office shall expire at one time. The last day for the term of office shall expire at one time. The last day for the term of office of each member shall be December 31, however, all members may continue service until either reappointed or replaced by the City Council. All appointments shall be made by the City Council and a vacancy shall be filled by the City Council for the remainder of the term. Officers of the Park and Recreation Commission shall consist of Chair, Vice Chair and Secretary. The Chair shall preside at all meetings of the Commission if present, and perform all other duties and functions assigned by the Commission or the City Council. The Vice Chair shall perform these duties in absence of the Chair. If a vacancy occurs in l 2.22 . the Chair Office, the Vice Chair shall assume the Chair's duties for the remainder of the year and a new Vice Chair shall be elected by the Commission at the next scheduled Commission meeting. A quorum shall consist of five of the members. As the Commission advises on recreation activities that help determine activities that affect individuals outside of the City limits, it is, therefore, acceptable for non-city residents to be members of the Park and Recreation Commission~ At least six members of the Park and Recreation Commission must be residents of the City of Elk River. 216.08 - COMPENSATION The members of the Commission shall serve without pay but may be reimbursed for actual expenses incurred while performing duties as a Park and Recreation Commission member. 216.10 - TRAINING The Commission members shall be encouraged to avail themselves of training courses offered by the City, State, and other governmental units and agencies and the City Council shall budget for the reimbursement of expenses incurred in training each year. ~ 216.12 - POWERS AND DUTIES The Commission shall prepare, hold hearings and recommend to the City Council such plans, programs and policies as it deems necessary to carry out the purposes of this ordinance. Said powers shall include, but not be limited to, the studying and recommending to the City Council on the following: 1. Land acquisition for Park and Recreation purposes. 2. Plans and major improvements in City parks. 3. Rules and requirements for conduct of and in parks and recreation facilities. 4. Plans and programs relating to the design and programming of City parks. 5. Proposed amendments in the recreation section of the City Growth Management Plan. 6. Development of a comprehensive City park and recreation plan and make recommendations on the implementation of this plan. ~ 7. Assisting in the promotion of City parks. 2.23 . 8. Conducting periodic inspection of City parks and review existing situations and make recommendations on improvements of City parks and recreation programs. () 9. Discourage the vandalism of City parks. 10. Work with the Community Education Department of School District 728 in ensuring to offer an appropriate array of recreation opportunities for the youth and adults of the City and School Districts. 11. Work with the City Street/Park Superintendent to ensure the proper maintenance and development of City parks and park facilities. 12. Work with the City Administrative staff in ensuring that appropriate park properties are obtained by the City during the City development platting process. 13. Any other plans and programs as may be assigned by the City Council from time to time. 14. The Commission shall not be considered a Park Board under Minnesota Statutes and shall have no powers to acquire or lease land, employ personnel, enter into contracts or leases, or any similar powers authorized by a Park Board by Minnesota Statutes. . 216.14 - MEETINGS AND PROCEDURES 1 ~ , The Commission shall meet regularly each month. Special meetings may be held at any time upon the call of the Chair. Notice of the time and place of a special meeting shall be communicated to the members and publicly noticed at least three (3) days prior to the meeting except in event of emergency. All Commission meetings shall be open to the public except as provided herein. The Commission shall be governed and operate pursuant to Roberts Rules of Order as most recently advised. 216.16 - REPORTS OF THE COMMISSION The Commission's reports, conclusions and recommendations shall be made to the City Council, City Administrator, Community Education Director of School District 728, and City Street/Park Superintendent as may be requested or to any or all of them as the Commission deems appropriate in the light of the matter under consideration. Its reports, conclusions and recommendations are purely advisory and the final determination and responsibility shall be with the City Council. The Commission shall be aided and assisted in every possible way by the City Administrator who shall be appointed by the City Council. l__ . 2.24 . . . PUBLIC UTILITIES COMMISSION 3 YEAR TERM COMMISSION MEMBERS JIM TRALLE - Chairman 10825 208th Avenue NW Elk River, MN 55330 GEORGE ZABEE - Vice Chairman 329 Morton Avenue NW Elk River, MN 55330 JAMES SIMPSON - Trustee 13278 Riverview Drive Elk River, MN 55330 TERM EXPIRES 12/31/92 12/31/93 12/31/94 PHONE it 441-5314 H 441-1443 441-1756 r'" --------------------------------------------------------------- --------------------------------------------------------------- Municipal Utilities Superintendent BILL BIRRENKOTT 322 King Avenue Elk River, MN 55330 441-2020 W . . . SECTION 210 - PUBLIC UTILITIES COMMISSION 210.00 - PUBLIC UTILITIES COMMISSION CONTINUED ( 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. Residence shall not be a qualification for membership on the Public Utilities Commission unless the Council so provides by resolution. A vacancy on the Commission shall be filled by the Council for the unexpired term. 210.04 - ORGANIZATION The Public Utilities Commission 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 may be the City Administrator. No 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. 210.08 - POWERS 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 l 2.12 . . . 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 Minnesota Statutes, Section 412.311, relating to advertisement for bids, shall apply to contracts of the Commission. 2. The Commission shall have power to employ all necessary help for the management and operation 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 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 utility 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 subjects of relationship between the Commission and the Council. 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 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 2.13 . . . statement required by law to be pUblished shall be paid from pUblic utility funds. (, 210.14 - NO LIABILITY ON THE PART OF THE CITY Neither the City nor the Public Utilities Commission shall be liable for any deficiency or failure in the supply of water, light or power to consumers where occasioned by necessity of making repairs to the distribution system or otherwise. 210.16 - DEFINITIONS CITY: in this Ordinance, "City" means the City of Elk River, County of Sherburne, State of Minnesota. CITY UTILITY SYSTEM: means the facilities used for providing any public utility service owned or operated by City or agency thereof, including sewer and water service. COMPANY: means Anoka Electric Cooperative, a Minnesota corporation, its successors and assigns. NOTICE: means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Manager thereof at 2022 North Ferry Street, Anoka, Minnesota, 55303. Notice to City shall be mailed to the CITY CLERK. l PUBLIC WAYS: means any street, alley, or other public right-of-way within the City. PUBLIC GROUNDS: means land owned by the City for Park, open space or similar purpose, which is held for use in common by the public. ELECTRIC FACILITIES: means electric distribution poles, lines, guys, anchors, ducts, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for pUblic use. 210.18 - FRANCHISE 1. Grant of Franchise. City hereby grants Company, for a period of twenty years from January 7, 1991, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City subject to the provisions of this ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to zoning ( 2.14 . . . ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. During the term of this franchise, the City shall not acquire through eminent domain, a Minnesota Statute, Section 216B.44 proceeding or equivalent legal proceeding, the facilities, customers, and service area which the Company is granted this franchise to serve. 2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law. An acceptance by the Company must be filed with the City Clerk within 90 days after publication. 3. Service Rates and Area. The Company will provide electric service at published rates which fairly reflect the cost of doing business on its utility system and as approved by the Rural Electrification Administration, Washington D.C. The area within the City in which the Company may provide electric service currently is subject to the provisions of Minnesota Statutes, Section 216B.40. The area to be served is defined as attachment 1. 4. Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 5. Default. If either party asserts that the other party is in default in the performance of any Obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 210.20 - LOCATION, OTHER REGULATIONS 1. Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and they shall be located on Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. 2. Field Locations. The Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by the City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 2.15 . . . 3. Openinqs of Public Ground. The Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on the Company shall not be more burdensome than those imposed on other. utilities for similar facilities or work. The Company may, however, open and disturb the surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event the Company shall notify the City by telephone to the office designated by the City before opening or disturbing a paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees. 4. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the same, including paving and its foundation, to as in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent (10%) additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City. 5. Shared Use of Poles. The Company shall make space available on its poles for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by the City under separate Joint Use Agreements that are the same or similar to those in effect between the Company and other cities, electric utilities, telephone companies, cable television companies, or other forms of communication companies outside the City. Any City facilities shall be installed and maintained in accordance with the National Electric Safety Code. 210.22 - RELOCATIONS 1. Except as provided in Section 4.3, if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order the Company to relocate its Electric Facilities located 2.16 ( t ( . . . therein. The Company shall relocate its Electric Facilities at its own expense. The City shall give the Company reasonable notice of plans to vacate for a City improvement. project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City Improvement. 2. Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 210.22(3), City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become, or will become, a substantial impairment of the public use to which the Public Ground is, or will be put. The relocation or removal shall be at the Company's expense. The provisions of this section apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 3. Projects with State or Federal Fundinq. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4. Liability. Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 210.24 - TREE TRIMMING. The Company may trim and/or spray, with herbicides approved by the Environmental Protection Agency, all trees and shrubs in 2.17 . . . the Public Way and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. 210.26 - INDEMNIFICATION 1. The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 2. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 210.28 - VACATION OF PUBLIC WAYS The City shall give the Company at least two weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. 2.18 ( t ( . . . 210.30 - CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 210.32 - SEVERABILITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. 210.34 - AMENDMENT This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment I which amendatory ordinance shall become effective upon the filing of the Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. 2.19 . . . ~i~ J!j.'<'; ~.. ,.. ~I; "'- :~ . .~. STATUTORY cmES 412.321 9049 UTILITIES 412.321 MUNICIPAL UTILITIES. Subdivision 1. Authority to own and operate. Any statutory city may own and oper- ate any waterworks, district heating system, or gas, light, power, or heat plant for sup- plying 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, steam, or heat, purchase the same wholesale and resell it to local consumers. After any such utility has been acquired, the council, except as its powers have been limited through establishment ofa public utilities commission in the city, shall make all necessary rules and regulations for the protection, maintenance, operation, extension, and improve- ment thereof and for the sale of its utility products. Subd. 2. Vote on establishment. No gas, light, power, or heat utility shall be con- structed, purchased, or leased until the proposal to do so has been submitted to the vot- ers at a regular or special election and been approved by five-eighths of those voting on the proposition. Such proposal shall state whether the public utility is to be con- structed, purchased, or 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 therefor may be submitted either separately or as a single question. The proposal for the acquisition of the public utility may include authority for distribution only or for generation or production and distribution of a particular utility service or group of ser- vices. Approval of the voters shall be obtained under this section before a city purchas- ing gas or electricity wholesale and distributing it to consumers acquires facilities for the manufacture of gas or generation of electricity unless the voters have, within the two previous years, approved a proposal for both generation or production and distri- bution. 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 COnsumers in such area at such rates and upon such terms as the councilor utility com- 412.321 STATUTORY CITIES 9050 I, mission, if there is one, shall determine; but no such extension shall be made into any incorporated municipality without its consent. The sale of electricity, other than sur- plus, outside the limits of the city shall be subject to the restriction of section 455.29. J' l Subd. 4. Lease, sale, or abandonment. Any such utility may be leased, sold, or its I operation discontinued wholly or in part, by ordinance or resolution of the council, I approved by two-thirds of the electors voting on the ordinance or resolution at a general > or special election. If the utility is under the jurisdiction of a public utilities commis- sion, the ordinance or resolution shall be concurred in by the public utilities commis- sion. Such action may be taken with respect to any specific part of the utility, which pan shall be named in the ordinance or resolution; but it shall not be necessary to sub- mit the ordinance or resolution to the voters in such case if the action proposed will not result in depriving any customer inside the corporate limits of any type of munici- pal utility service available before the sale, lease or discontinuance of operation. History: 1949c 119s 39-42; 1955 c 266s 1; 1961 c 275 s 1; 1973 c 123 art 2 s 1 subd 2; 1981 c 334 s 2; 1986 c 444 . "') i : I, , i' ! i I t. I' , , i ;i i I i' ~ 'I I :,1 Pi t',', I : ~ ; ~ ;,:, ;,' ~' 'II" : ; d i l " ~ it I '! : . , ' , ' 412.33 [Repealed, 1949 c 119 s 110] 412.331 ESTABLISHMENT OF COMMISSION. Any statutory city may by ordinance expressly accepting the provisions of sections 412.331 to 412.391 establish a public utilities commission with the powers and duties set out in those sections. Any water, light, power and building commission now in exis- tence in any statutory city shall hereafter operate as a public utilities commission under sections 412.321 to 412.391. History: 1949 c 119 s 43; 1973 c 123 art 2 s 1 subd 2 412.34 [Repealed, 1949 c 119 sIlO] 412.341 COMMISSION; MEMBERSHIP, ORGANIZATION. Subdivision 1. Membership. The commission shall consist of three members appointed by the council. No more than one member may be chosen from the council membership. Each member 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 membership on the commis- sion unless the council so provides. A vacancy shall be filled by the council for the unex- pired term. Subd. 2. Rules; officers, salary. The commission shall adopt rules for its own pro- ceedings 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 mem- bers. It shall also appoint a secretary for an indefinite 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 secretary 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 444 412.35 [Repealed, 1949 c 119 sIlO] 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 system; (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 build- ings owned or leased by the city; (6) district heating system. As used subsequently in II i ':f :t. J ,'" ~ ' ; iJ:; , i;;, ! i '>f II ;i it .J *fi} tJ~1 i.~ if :W::I' ~;;j; 'i J~fll t'.. " ~r:,: 1:1' :Pi ~ :I! ~; jf- I' 'I l 1, ~ 'J . II .. n 1111 . . . '~ ;;)~:;. __~'Ft~. -:~:. ~:'~'A_~~ >:.~...~.~~.~.... :~ ~~:.~~>:, I ::1t, ~ .~ ~; -i~~,~ 9051 STATIITORY CITIES 412.381 sections 412.351 to 412.391, the term "public utility" means any water, light and power, gas or sewer system, or public buildings 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 ordinance establishing the com- mission may be placed under the jurisdiction of the commission by an amendment to the original ordinance. History: 1949 c 119 s 45; 1951 c 378 s 13; 1973 c 123 art 2 s 1 subd 2; 1981 c 334 .: S 3 412.36 [Repealed, 1949 c 119 s 110] 412.361 SPECIFIC POWERS. Subdivision 1. The commission shall have power to extend and to modify or rebuild any public utility and to do anything it deems necessary for its proper and effi- cient operation; and it may enter into necessary contracts for these purposes. The provi- sions of section 412.311 relating to advertisement for bids shall apply to contracts of the public utilities commission. Subd. 2. The commission shall have power to employ all necessary help for the management and operation of the public utility, prescribe duties of officers and employ- ees and fix their compensation. Subd. 3. The commission shall have power to buy all fuel and supplies, and it may purchase wholesale electric energy, steam heat, hot water energy, gas or water, as the case may be, for municipal distribution. 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 utili- ties within its jurisdiction. Subd. 5. The commission shall have power to enter into agreements with the coun- cil for payments by the city for utility 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 gen- eral fund, and also agreements on other subjects of relationships between the commis- sion and the council. History: 1949 c 119 s 46; 1953 c 735 s 6,' 1973 c 123 art 2 s 1 subd 2; 1981 c 334 s4 412.371 PUBLIC UTILITY FUND AND DISBURSEMENTS. Subdivision 1. A separate fund or a separate account shall be established in the city treasury for each utility. 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. Subd. 2. The commission shall, in the same manner as the council under section 412.271, subdivision 1, and to the same extent, 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 counter signature by the presi- I. .... dent of the commission and presentation orders shall be paid by the treasurer. . . History: 1949 c 119 s 47; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 ,;; , 412.381 REPORTS. The accounting officer of the commission shall make such monthly or annual state- 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 made and a copy filed with the clerk at the close of the calendar year and shall be included as part of the annual financial report or statement of the clerk in conformity with section 471. 697 or 471.698. The cost of publication of any other official statement required by law to be published shall be paid from public utility funds. History: 1949 c 119 s 48; 1973 c 123 art 2 s 1 subd 2; 1987 c 384 art 2 s 90 . . . 412.391 Sf A TUTORY CmES j i I ; f ~ ; i1 ! I! I " . I',:: :/' I . L ~ : 9052 412.391 ABOLITION OF COMMISSION. Subdivision 1. The public utilities commission of any statutory city may be abol- ished or its jurisdiction over any particular utility transferred to the council by follow- ing the procedure prescribed in this section. Subd. 2. The council may, and upon petition therefor signed by voters equal in number to at least 15 percent of the electors voting at the last previous city election shall submit to the voters at a regular or special election the question of abolition of the pub- lic utilities commission. The question on the ballot shall be stated substantially as fol- lows: "Shall the public utilities commission be abolished?" Subd. 3. Upon like presentation of a petition for election on the question of trans- fer to the council of the jurisdiction of the commission over anyone or more of the utili- ties previously placed under its jurisdiction, the council shall, in the same manner as under subdivision 2, submit the question to the voters. The question on the ballot shall be stated substantially as follows: "Shall jurisdiction over (Name of public utility) be transferred from the public utilities commission to the council?" Subd. 4. If a majority of the votes cast on a proposition submitted to the voters under subdivision 2 or 3 is in the affirmative, the provisions of sections 412.331 to 412. 381 shall cease to apply to the city, in the case of an election under subdivision 2, or to the particular utility mentioned in the proposition submitted to the voters, in the case of an election under subdivision 3. Such change shall take place 30 days after the election. History: 1949 c 119 s 49; 1953 c 735 s 7; 1973 c 123 art 2 s 1 subd 2 i ~ j , .I II: J ., j' /, ~, 1..', n 1 m 412.401-412.481 [Repealed, 1953 c 398 s 13]