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City of <br />Elk az <br />— <br />River <br />Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />8.2 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Work Session <br />October 5, 2015 <br />Troy Adams, P.E. — ERMU General Manager <br />Item Description <br />Reviewed by <br />Membership Expansion of Utilities Commission <br />Cal Portner, City Administrator <br />Reviewed by <br />Action Requested <br />Discussion regarding the expansion of the ERMU Commission. <br />Background/Discussion <br />Shortly after the Village of Elk River purchased Elk River Power & Light in 1945, the Council, by <br />provision of Minnesota Statute X412.331, created through resolution the Water, Light, Power, and <br />Building Commission. This commission is now the Elk River Public Utilities Commission with <br />responsibility for the municipal electric and water. The Commission's membership is in accordance with <br />Statue 412.341 "consisting of three members appointed by council." <br />With the recent electric service territory agreement between ERMU and Connexus Energy, ERMU will <br />grow by approximately 2,000 electric meters over the next five years with half of those electric accounts <br />transferred in 2015. ERMU will likely experience a 20% growth over the next five years. <br />At the September 8, 2015, ERMU Commission meeting, the Commission discussed the possibility of <br />Commission membership expansion to provide better representation of the growing customer base. The <br />Commission directed staff to bring the topic to the City Council to gauge support. <br />For statutory cities, three commissioners is specified and expansion requires legislative action. Of the <br />Minnesota municipals with separate commissions, Minnesota Municipal Utilities Association (MMUA) <br />indicated that 50% have 3 -member commissions. The balance has five with the exception of one that <br />expanded to seven. The ERMU Commission expressed consensus that a 5 -member commission would <br />be appropriate for ERMU's size. <br />Statute also specifies that of the 3 -member commission "no more than one member may be chosen from <br />the council membership." This may also be changed through legislation. The Commission stated that if <br />the Council supported expansion the number of Councilmembers allowed on the Commission should be <br />discussed. <br />This type of legislation typically is not controversial. MMUA recommended a local legislator carry the bill <br />to expand membership and the request should be made by the Council. A revision to the city ordinance <br />to accept the expansion should also be completed. <br />As recommended by MMUA, the steps to expand the commission would be as follows: <br />P a w E R E U 6 Y <br />NaA f RE] <br />