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HomeMy WebLinkAbout8.a. Utility Commission Ordinance Change EXECUTIVE SUMMARY Utility Commission Meeting: May 18, 2020 AGENDA SECTION: AGENDA ITEM: Utility Commission Ordinance Change New Business PREPARED BY: Brian Erickson, PE, Director of Public AGENDA NO. 8.a. Works/City Engineer ATTACHMENTS: Utility Commission Ordinance APPROVED BY: BLE RECOMMENDED ACTION: Motion to recommend City Council approval of the first reading of the Utility Commission Ordinance. BACKGROUND After a recent review of the City Code Title 2, Chapter 4, Public Utility Commission, it was evident that there were to be some appropriate changes to be made to the code. Staff reviewed this with the City Attorney resulting in the changes recommended below. First, the statutory authority establishing the Rosemount Utility Commission is properly noted under Minnesota Statute (MS) 412.331. Currently, the city code uses MS 216A.05, which is the statue that governs the State of Minnesota’s Public Utility Commission. Additionally, there are some additional reference corrections in the text. Secondly, based on the allowed authority under MS 412 paragraph 2-4-4 A. 4. is changed to include street lighting systems and the reference to other utility systems serving Rosemount as a ‘catch all’ is removed. Third, paragraph 2-4-4 B. 2. is removed in total. The Utility Commission is involved in the annual budgetary and capital plan review and provided any development is in accordance with the Comprehensive Plan no additional utility review is necessary. Historically, for at least the last 15 years the Commission has not been involved in any development review. Fourth, paragraph 2-4-4 B. 3. will be renumbered to ‘2’. Additionally, staff recommends that the month be changed from January to September when the Commission typically reviews the utility budgets for the upcoming budget year. If left in January, there would be no ability to make changes to the budget. Finally, paragraphs 2-4-4 C. and D. should be removed as this is not something on which the Utility Commission has previously acted. RECOMMENDATION Staff recommends that the Utility Commission approve the language and recommend City Council move forward with the first reading of the Utility Commission Ordinance. C:\\Users\\jab\\AppData\\Local\\Temp\\8.a. Utility Commission Ordinance Change_596855\\8.a. Utility Commission Ordinance Change.docx CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE CHANGING CHAPTER 4 PUBLIC UTILITIES COMMISSION THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS as follows: Section 1, Title 2, Chapter 4 of the Rosemount City Code is amended as noted in the follow paragraphs. Chapter 4 PUBLIC UTILITIES COMMISSION 2-4-1: ESTABLISHMENT OF COMMISSION: The public utilities commission of the city as authorized by Minnesota Statutes, sections 412.321 412.331 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 412.321 412.331 shall apply to the composition, terms, appointment, qualifications and removal of members of the commission. (Ord. VII.5, 4-5-1988) 1 2-4-3: OATH; COMPENSATION: 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 be determined by the city council. (Ord. VIII.5, 4-17-2001) 2-4-4: POWERS AND DUTIES, JURISDICTION: 2 A. The public utilities commission shall have responsibility over the following public utilities of the city: 1. City operated water systems. 2. City operated sanitary sewer systems. 3. City operated storm water systems. 4. Street lighting systems. 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. 2. At least annually, at the commission's regularly scheduled January September 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) Footnotes - Click any footnote link to go back to its reference. Footnote 1: See resolution 1992-141 on file in the office of the city clerk. Footnote 2: See title 4 of this code. Footnote 3: M.S.A. § 216A.05.421.331 through 412.391