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City of <br />Elk — <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 />General Business <br />November 21, 2016 <br />Troy Adams, P.E. — ERMU General Manager <br />Item Description <br />Reviewed by <br />Utilities Commission Membership Expansion <br />Cal Portner, City Administrator <br />Reviewed by <br />Action Requested <br />1. Adopt, by motion, a resolution approving Laws of Minnesota 2016, Chapter 97-H.F. No. 2718. <br />2. Adopt, by motion, an ordinance amending the City of Elk River Code of Ordinances Cbapter 2, Article <br />V, Division 5, Public Utilities Commission, Section 2-271, Statutes Accepted, and Section 2-273, Membersbip. <br />Background/Discussion <br />On October 5, 2015, Council directed staff to work with State Representative Nick Zerwas of District <br />30A and State Senator Mary Kiffineyer of District 30 to carry a bill requesting the expansion in utilities <br />commission membership. Based on input from the Council and Commission, the requested expansion <br />would allow the city to increase the membership of the commission to five members. And upon <br />expanding to five members, no more than two members could also serve as council members. The terms <br />for these additional members must be staggered and consistent with the bylaws governing the <br />commission. <br />Representative Zerwas drafted the bill and Senator Kiffineyer drafted the identical companion bill. And <br />on May 12, 2016, Governor Dayton signed the bill. Laws of Minnesota 2016, Chapter 97-H.F. No. 2718 <br />is attached for reference. <br />This legislation grants authority to the City of Elk River to expand the Utility Commission to five <br />members. To act on this authority the Council must adopt a resolution approving the legislation and <br />adopt an ordinance amending the City Code of Ordinances to include the language from this legislation <br />as an accepted statute and to provide for expansion of the commission to five members. <br />The ordinance amendment provides that it will take effect on March 1, 2017. The intent is that two <br />additional members will be appointed on that date. <br />Financial Impact <br />N/A <br />Attachments <br />■ Resolution of Approval of Laws of Minnesota 2016, Chapter 97-H.F. No. 2718 <br />■ Laws of Minnesota 2016, Chapter 97-H.F. No. 2718 <br />■ Ordinance amending City of Elk River Code of Ordinances, Chapter 2, Article V, Division <br />5, Public Utilities Commission, Section 2-271, Statutes Accepted, and Section 2-273, <br />Membership <br />P a w E R E U 6 Y <br />NaA f RE] <br />