2. ERMUSR AGENDA 05-12-2009ELK RIVER MUNICIPAL UTILITIES
REGULAR MEETING OF THE UTILITIES COMMISSION
AGENDA
May 12, 2009
Elk River Utilities Office
ITEM NUMBER ACTION TAKEN
1. Call Meeting to Order May 12, 2009, at 4:00 p.m.
2. Consider May 12, 2009, Agenda
3. Consent Agenda
3.1 Check Register
3.2 Previous Meeting Minutes
3.3 Financial Statements
OLD BUSINESS
4.1 Review Company Vehicle Take-Home Practice
4.2 Jackson Street Water Tower Update
43 Review and Consider Wholesale Power Supply Options
4.4 Review and Consider City Attorney Contract Rates
4.5 Review and Consider Rebates to Encourage Automatic Sprinkler Controls
NEW BUSINESS
5.1 Review and Consider Shared Personnel Agreement of City Public Works Director
5.2 Review Cash Flow Projections
53 Review and Consider Bids for Co Rd 1 Feeder Project
5.4 Review Water Quality Report
OTHER BUSINESS
6.1 Staff Updates
6.2 Set Date for Next Meeting
*Consent Agenda Items Are Considered To Be Routine and Will Be Approved By One Motion
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Elk River
Municipal Utilities
13069 Orono Parkway • P.O. Box 430
Elk River, MN 55330-0430
May 5, 2009
To: Elk River Municipal Utilities Commission
John Dietz
Jerry Gumphrey
Daryl Thompson
From: Troy Adams
Subject: Miscellaneous Issues
Phone: 763.441.2020
Fax: 763.441.8099
Enclosed is the packet for the Tuesday, May 12, 2009, regular commission meeting at 4:00 p.in. Please
note the time change.
Electric usage is up 6.25% year to date. Water usage is down 4.8% year to date.
For your reading, please find the attached MMUA Resource and MMUA Capital Tattler.
The House voted 100-32 yesterday to approve SF550. the omnibus energy policy bill. This bill includes
mostly technical changes to the state's energy policy.
One provision that concerns MMUA requires power companies to purchase 200 megawatts of power
from small renewable energy projects (less than five megawatts each) by Dec. 31, 2010. An effort to
remove this requirement failed on a 58-73 vote. No similar `carve-out' language appears in the Senate
version, however, and all reports indicate the House language will be removed during aHouse-Senate
conference committee.
Rep. Tim Faust (DFL-Hinckley) unsuccessfully offered an amendment that would have repealed the
state's prohibition on the construction of new nuclear power plants. The amendment failed on a vote of
60-72.
Rep. David Blv (DFL-Northfield) successfully offered an amendment that would protect landowners from
utility companies looking to site high-voltage transmission lines on their properties through the use of
eminent domain. Though of concern to utilities, this amendment was approved 98-33
The bill now returns to the Senate, where a different version passed 52-15 on April 6. We will continue
to lobby these issues as the session progresses toward its scheduled May 18 adjournment date.
Many Capitol observers are predicting a special session, however, mainly due to the uncertain future of
the tax bill. The full House and Senate April 24-25 narrowly approved their respective tax bills (HF
2323 SF 2074 . Both bills would cut local government aid (LGA) and market value homestead credits
(MVHC).
The Leaeue of Minnesota Cities reports that the House bill includes $50 million in reductions to LGA and
MVHC for 2009, and $78 million in reductions for 2010. The Senate bill makes no further reductions in
city aid and credit reimbursements for 2009, but would cut city aids by $16 million in 2010. Both bills
include a repeal of levy limits for cities.
A provision in the House tax bill (Article 1, Sections 6 and 13) would remove the exemption of interest
on Minnesota public entity bond issues. While somewhat in dispute, the Minnesota Institute of Public
Finance (MIPF) argues this provision would raise annual borrowing costs for political subdivisions,
including cities, and the State of Minnesota itself, by $23.8 million. MIPF argues that by placing a state
income tax on the interest income derived from these bonds, interest rates will rise to a level
comparable to the national market and Minnesota issuers and taxpayers will be the losers, with the
Vol. 12, No. 10 May 1, 2009
burden falling disproportionately on the smallest issuers. MIPF also predicts a reduced demand for these
bonds. The bottom line, argues MIPF, is minimal additional revenue to the state and significantly
increased borrowing costs for local government.
A number of other provisions are also of concern, including a House provision that would complicate the
sales tax exemption for energy used for heating purposes, and a Senate provision that would increase
utility property taxes. This would directly affect certain power agency property and indirectly affect
others through what would likely be increased pass-through costs.
Senate tax bill conferees are Bakk, Skoe, Dibble, Moua, Johnson. House conferees are Lenczewski,
Marquart, Koenen, Loeffler, Seifert.
Capitol observers report the Governor is likely to veto any bill coming out of the conference committee
with obvious tax increases. The House and Senate bills both have obvious tax increases. The Governor
has the votes in the House Republican caucus to sustain his veto. Some are predicting a long special
session. The government shut-down date is July 1.
The House and Senate have each completed their budget bills for environmental agencies and, city
interests favor the Senate proposal. Both bills, however, continue the trend of increased fees.
The House bill, HF 2123, includes collection of $1.7 million of environmental review costs on water-
related projects and $2.2 million of water and wastewater training and certification costs collected by
the Minnesota Pollution Control Agency (MPCA) for the upcoming biennium.
The bill, according to the League of Minnesota Cities, requires that the rest of the agency's water
permitting program, excluding compliance and enforcement activities, be funded through fee increases
enacted in January 2011, which will amount to an additional $3.6 million per biennium. The bill also
includes early adoption of a $6 million per biennium water permit fee increase and the early adoption of
current draft permit fee increases so that those fees will go into effect as of July 1 instead of later this
year.
The Senate budget bill SF 2099) does not include any of the fee increases found in the House bill. The
Senate bill does, however, increase the summer surcharge for water appropriations from $20 per million
gallons to $30 per million gallons.
Both bills call for adding $1,500 to water crossing fees charged for crossing state property and $4,500 to
land crossing fees. (Both fees are currently set at $500.) The increased fees would raise approximately
$550,000.