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Home My WebLink About6.a. Utilites Commission Input EXECUTIVE SUMMARY Utility Commission Meeting: March 16, 2020 AGENDA SECTION: AGENDA ITEM: Utilities Commission Input on Developments Old Business PREPARED BY: Brian Erickson, P.E., Director of Public AGENDA NO. 6.a. Works/City Engineer ATTACHMENTS: Public Utilities Commission – City Code APPROVED BY: BLE Chapter 4 RECOMMENDED ACTION: Informational only, no action required. BACKGROUND At the January 13, 2020 Utility Commission meeting, Commissioner Cahn inquired about the role of the Utility Commission in development review based on City Code 2-4-4: Powers and Duties, Jurisdiction, paragraph B.2. of the city code. This paragraph states: 2. To review all proposed developments in the city including residential, industrial and commercial in nature and make recommendations, as part of that review process, to the city council on these proposed developments as they relate to the needs of the community in all areas of the above referenced utilities. These reviews being a required part of the approval process for proposed developments. DISCUSSION Staff reviewed the current process of development review which has been in place for many years. Based on discussions the Utility Commission has not performed review on any developments for over 15 years. It should also be noted that the section of the city code is dated April 5, 1988. Based on the current process, adding in the Utility Commission review could potentially add several weeks to an already extensive process that developers face in order to receive approval by the City Council. The City of Rosemount currently has a Comprehensive Plan which includes comprehensive planning for water, sewer and stormwater infrastructure based on the approved land use in the city. This Comp Plan is also approved by the Metropolitan Council. The comprehensive utility plans have been reviewed by the Utility Commission and, barring any major land use changes, will be used in moving development forward. Additionally, the City of Rosemount follows all current regulations and direction from Minnesota Department of Health, Minnesota Pollution Control Agency and Metropolitan Council when designing or approving designs for system expansion. Based on the current process and design reviews and approvals, staff would recommend that a review of the applicable portions of the City Code be completed and updates be presented to the City Council for approval. RECOMMENDATION Staff recommends that the City Code be reviewed and updated. Recommended changes to be provided to the Utility Commission at a future meeting. C:\\Users\\jab\\AppData\\Local\\Temp\\6.a. Utilites Commission Input_591088\\6.a. Utilites Commission Input.docx 2/7/2020 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=452 1/2 Chapter 4 PUBLIC UTILITIES COMMISSION 2-4-1: ESTABLISHMENT OF COMMISSION: The public utilities commission of the city as authorized by Minnesota Statutes, sections 412.321 through 412.391, which sections are hereby expressly accepted, is hereby established. The commission shall consist of three (3) members appointed by the city council for three (3) year terms. Terms will commence on April 1 of the year appointed. (Ord. VIII.5, 4-17-2001) Ex officio members of the commission shall be the city administrator and the mayor. (Ord. VII.6, 2-18- 1992) The public works director for the city will act as the executive director for the utilities commission. In that capacity the executive director will take direction from the commission, report to the commission with information and recommendations on all matters at the direction of the commission or on his/her own initiative. Secretarial service to the commission shall be provided by city staff as directed by the commission executive director. The commission will meet at least once monthly at a time and place set by majority votes of the commission. These will be considered public meetings. (Ord. VII.5, 4-5-1988) 2-4-2: ORGANIZATION: The provisions of Minnesota Statutes, section 412.321 shall apply to the composition, terms, appointment, qualifications and removal of members of the commission. (Ord. VII.5, 4-5-1988) 2-4-3: OATH; COMPENSATION1: Every appointed member shall, before entering upon the discharge of his/her duties, take an oath that he will faithfully discharge the duties of his office. Compensation for the members shall bedetermined by the city council. (Ord. VIII.5, 4-17-2001) 2-4-4: POWERS AND DUTIES, JURISDICTION: A. The public utilities commission shall have responsibility over the following public utilities of the city2: 1. City operated water systems. 2. City operated sanitary sewer systems. 2/7/2020 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=452 2/2 3. City operated storm water systems. 4. Other utility systems serving the general public in Rosemount where the city has a determined part in determining the need and level of such service. 5. Any public buildings owned and operated by the city for functions directly relating to items in subsections A1 through A4 of this section. B. With respect to the public utilities commission areas of jurisdiction enumerated above, the public utilities commission shall have the powers prescribed by law3 and more specifically as follows: (Ord. VII.5, 4-5-1988) 1. To review and adopt operating budgets and authorize expenditures for funds specifically set out for use in the operation and maintenance of the above referenced utilities. 2. To review all proposed developments in the city including residential, industrial and commercial in nature and make recommendations, as part of that review process, to the city council on these proposed developments as they relate to the needs of the community in all areas of the above referenced utilities. These reviews being a required part of the approval process for proposed developments. 3. At least annually, at the commission's regularly scheduled January meeting, or more frequently if deemed necessary by the commission, review all user fees, connection charges and other associated forms of revenue to these utilities and present recommendations to the city council regarding these fees. Adding or deleting of such fees will also be determined, through this process. (Ord. VIII.3, 3-6-2000) C. The public utilities commission shall also be responsible for review of cable services within the city for the following purposes: 1. To monitor the cable company's performance as to level ofservice. 2. To advise and make recommendations to the city council concerning use of franchise fees. D. The commission jurisdiction is limited to what is specified in the cable franchise agreements. It has no power to adjust or approve cable rates or to require the cable company to improve level of service or to expand into new service areas within the city. The commission may do the following: 1. Review and adopt operating budgets with respect to the amount of revenue the city receives from the franchise fee. 2. Authorize expenditures for funds specifically budgeted by the commission. 3. Conciliate disagreements among the cable company, subscribers and users of the system. 4. Submit an annual report to the cable company and city council assessing the company's performance according to the terms of the franchise agreement. (Ord. VII.6, 2-18-1992)