01-10-2023 ERMU MIN SPECIALELK RIVER MUNICIPAL UTILITIES
SPECIAL MEETING OF THE UTILITIES COMMISSION
HELD AT THE ERMU FIELD SERVICES TRAINING ROOM
January 10, 2023
Members Present: Chair John Dietz, Vice Chair Al Nadeau, Mary Stewart, and Matt Westgaard
Present via Zoom: Commissioner Paul Bell participated in the meeting via interactive television
as he was out of the state at the time of the meeting.
ERMU Staff Present: Mark Hanson, General Manager
Sara Youngs, Administrations Director
Melissa Karpinski, Finance Manager
Tom Sagstetter, Conservation & Key Accounts Manager
Tony Mauren, Executive Administrative Manager
Tom Geiser, Operations Director
Chris Sumstad, Electric Superintendent
Mike Tietz, Technical Services Superintendent
Dave Ninow, Water Superintendent
Chris Kerzman, Engineering Manager
Jenny Foss, Communications & Administrative Coordinator
Parker Theisen, IT/OTTechnician
Others Present: Jared Shepherd, Attorney
1.0 GOVERNANCE
1.1 Call Meeting to Order
The special meeting of the Utilities Commission was called to order at 3:30 p.m. by Chair Dietz.
1.2 Pledge of Allegiance
The Pledge of Allegiance was recited.
1.3 Consider the Agenda
There were no additions or corrections to the agenda.
Moved by Commissioner Westgaard and seconded by Commissioner Nadeau to approve the
January 10, 2023, agenda. Motion carried 5-0
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1.4 Policv Review — Bylaws
Mr. Mauren presented a new initiative to the Commission in which at least one policy from the
Commissioner Policy Manual would be reviewed each month. He stated two benefits for this
monthly review would be to keep the policies fresh in the minds of the commissioners while
also creating an opportunity to ask questions or make changes to the policies as needed. This
month commissioners reviewed G.1a — Bylaws.
There were no comments or recommendations.
2.0 CONSENT AGENDA (Approved By One Motion)
Moved by Commissioner Stewart and seconded by Commissioner Nadeau to approve the
Consent Agenda as follows:
2.1 Check Register— December 2022
2.2 Regular Meeting Minutes— December 13, 2022
2.3 Cogeneration and Small Power Production Tariff — Schedules 1 and 4
Motion carried 5-0.
3.0 OPEN FORUM
No one appeared for open forum.
4.0 POLICY & COMPLIANCE
4.1 Annual Review of Committee Charters
Mr. Hanson presented the memo on the Annual Review of Committee Charters,
explaining that it allows for changes or updates to be made. This review is done in January
prior to any new committee members being appointed.
Commissioner Stewart noted that some titles have changed for certain staff committee
members and those changes were not included in the charters. Staff responded that they
would make those changes.
Chair Dietz asked if the Dispute Resolution Committee had been employed and what their
role is with customers. Staff responded that this committee was created a year ago and
has not been activated yet. It was explained that when a customer has a dispute that staff
is unable to resolve, the Committee mediates the issue. The Committee will then make
recommendations for commission approval.
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January 10, 2023
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5.0 BUSINESS ACTION
5.1 Financial Report — November 2022
Ms. Karpinski presented the November 2022 Financial Report. Electric usage was down
1% for the month, and down 2% YTD. Water usage is up 2% for the month but YTD water
is down 8%. Overall, both electric and water had a good month. The electric budget was
positive for the month, though it isn't meeting budget or YTD levels. Water is doing better
than prior year and better than budget. Water had another large connection fee in
November for Hillside Heights/Twin Lakes Road which calls for 52.11 units, approximately
$209,000.
Commissioner Bell sent a question prior to the meeting on the Other Operating Expense
being 165% over budget YTD. Ms. Karpinski explained that this was due to the mutual aid
ERMU had participated in to assist a utility with service challenges after a major storm.
She explained that this is offset by funds received from the utility that had been
supported and is reflected in the Miscellaneous Revenue line.
Chair Dietz asked Mr. Ninow if the water department anticipates connection fees to be as
high in 2023 as they were in 2022. Mr. Ninow replied that there are a couple projects that
will contribute to the total.
Chair Dietz noted the disparity between budget and actual revenue and asked staff how
that would be reconciled. Staff replied there would be a reduced amount placed in
reserves but added that ERMU will still be meeting bond covenants and that the
combination of water and electric funds will still be meeting budget.
Moved by Commissioner Nadeau and seconded by Commissioner Stewart receive the
November 2022 Financial Report. Motion carried 5-0.
5.2 Field Services Facility Expansion Project Update
Mr. Kerzman noted there would be a field services facility tour given after the joint
meeting with the Elk River City Council, which was to follow the commission meeting.
Mr. Kerzman stated RJM Construction had their deposition with the initial steel contractor
who did not do work on the project. Mr. Kerzman stated he is not aware of the timeline
for resolution. There was discussion.
Chair Dietz asked for the amount of the judgement. Staff replied it was $483,000.
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Chair Dietz asked how the punch list was progressing. Staff said there were quite a few
minor items on the list, but most major items had been addressed. Staff added RJM was
looking to do a portion of the concrete repairs the week of January 23.
Mr. Kerzman noted there was a change order for grading changes and fence movement
along the east side of the site to help with the wetlands. There is a credit of $19,343.73.
Moved by Commissioner Nadeau and seconded by Commissioner Westgaard to approve
Change Order #6. Motion carried 5-0.
5.3 Waite & Benefit Committee Update
Mr. Hanson presented the update from the Wage & Benefits Committee (WBC). He also
provided background from the previous commission meeting where a wage adjustment
for all staff, based on the metro average for lineworkers, of up to 3.25% had been
approved. Mr. Hanson explained that since that time, a comparison utility reported non-
union staff approved a 3.25% wage adjustment and union staff are still in negotiations.
Additionally, a co-op from the seven metro average pool had reported a 1% increase to
their previously locked in rate. This brings the current overall metro average to 3.4% with
the union workers still unknown.
Mr. Hanson explained that it was the recommendation of the WBC to approve a wage
adjustment increase from 3.25% to 3.4%, backdated to January 1, 2023.
Chair Dietz asked if there would be another change when the union workers come to an
agreement. Mr. Hanson asked the Commission to move forward with a 3.4% adjustment
and explained that if the final numbers increase the average the additional amount would
be back paid in 2024.
Moved by Commissioner Bell and seconded by Commissioner Nadeau to approve a
3.40% wage adjustment for all staff, backdated to January 1, 2023. Motion carried 5-0.
6.0 BUSINESS DISCUSSION
6.1 Staff Updates
Mr. Hanson highlighted the second page of his staff update which provided background
information to prepare the Commission for the joint session with City Council that was to
follow the meeting.
Commissioner Bell asked if the proposed northwest expansion to the Urban Services District
will allow developers to hook up to city sewer while using privately owned wells even though it
is his understanding that common practice is to install water services before sewer. Mr.
Hanson replied that this is one of the topics of the joint meeting later that day. Mr. Hanson
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elaborated that it is common to move forward with both or neither service. He added that
when it is a situation of coming in with one or the other it depends on the circumstances
driven by specifics of the development.
In reference to her staff update item on customer disconnects, Chair Dietz asked Ms. Youngs if
customers need to make a payment arrangement to avoid disconnection even during the Cold
Weather Rule (CWR). Ms. Youngs replied that was correct.
There was discussion about CWR practices for other utilities.
Ms. Youngs clarified that staff makes every effort to make a payment arrangement with
customers to provide assistance while also trying to educate them that it is best to not keep
increasing their past due amounts until the end of the CWR.
Mr. Mauren thanked Mr. Kerzman, Mr. Theisen, and Mr. Tietz for their help in getting the field
services building's training room ready to host the commission meeting and subsequent joint
session.
Chair Dietz asked Mr. Geiser if there are meetings for the County Road 44 project and if it was
a 2023 or 2024 project. Mr. Geiser stated there are monthly meetings, and it is a 2024 project.
Chair Dietz asked if the County Road 44 project would have a trail on the north side of the
road. Mr. Geiser confirmed it would.
Chair Dietz inquired about the progress of the Highway 169 Redefine project. Mr. Geiser stated
it was going well and that staff is prepared to deal with the little tasks that come up like with
any project.
6.2 City Council Update
Mr. Westgaard provided the city council update. Topics were mostly regarding year-end items,
the recognition of Councilmember Garrett Christianson, and the retirement of Finance Director
Lori Ziemer.
6.3 Future Planning
Chair Dietz announced the following:
a. Regular Commission Meeting— February 14, 2023
b. 2023 Governance Agenda
6.5 Other Business
There was no other business.
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7.0 ADJOURN SPECIAL MEETING
The special meeting of the Elk River Municipal Utilities Commission adjourned at 3:53 p.m.
Minutes prepared by Jenny Foss.
i
Joh Jj Died, ER Commission Chair
Tina Allard, City Clerk
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January 10, 2023
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