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2.2 ERMUSR 06-04-2024ELK RIVER MUNICIPAL UTILITIES REGULAR MEETING OF THE UTILITIES COMMISSION HELD AT THE UPPERTOWN CONFERENCE ROOM May 14, 2024 Members Present: Chair John Dietz, Vice Chair Mary Stewart, Commissioners Paul Bell, Matt Westgaard, and Nick Zerwas ERMU Staff Present: Mark Hanson, General Manager Sara Youngs, Administrations Director Melissa Karpinski, Finance Manager Tony Mauren, Governance & Communications 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: Cal Portner, City Administrator; Zack Carlton, City of Elk River Community Development Director; Jared Shepherd, Attorney; Michelle Venema, ERMU Billing Specialist; Justin Nilson, CPA with Abdo; Carla Dunham, Development Manager with Twin Cities Land Development; Ben Schmidt, President of Twin Cities Land Development; Chris Dahn, Civil Engineer with Bogart, Pederson & Associates, Inc 1.0 GOVERNANCE 1.1 Call Meeting to Order The regular 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 Bell to approve the May 14, 2024, agenda. Motion carried 5-0. Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 1 35 1.4 American Public Power Association Certificate of Excellence in Reliabilitv 2023 Mr. Tietz presented his memo on the Certificate of Excellence in Reliability for 2023. The Commission congratulated ERMU staff on the result. Moved by Commissioner Zerwas and seconded by Commissioner Stewart to receive the APPA Certificate of Excellence in Reliability. Motion carried 5-0. 1.5 Recognition of Employee Longevity— Michelle Venema, 16 years Ms. Youngs presented Michelle Venema to the Commission, who, having reached 16 years of employment with ERMU, earned the according distribution through the Longevity Payment program. Ms. Youngs acknowledged Ms. Venema's dedication and contributions and shared that ERMU is fortunate to have her on the team. Ms. Youngs explained that Ms. Venema has positive impacts on many departments, has developed many relationships, and is integral to Advanced Metering Infrastructure (AMI) project. Ms. Venema shared her appreciation for her colleagues and the opportunity to work at ERMU. The Commission and staff gave Ms. Venema a round of applause. 2.0 CONSENT AGENDA (Approved By One Motion) Chair Dietz asked if the Scholarship winner will be invited to a future meeting. Staff responded that they would be invited to the June meeting. Moved by Commissioner Westgaard and seconded by Commissioner Bell to approve the Consent Agenda as follows: 2.1 Check Register —April 2024 2.2 Regular Meeting Minutes —April 9, 2024 2.3 2024 First Quarter Utilities Performance Metrics Scorecard Statistics 2.4 ERMU Scholarship Award Winner 2.5 2024 First Quarter Earned Sick and Safe Time Usage 2.6 Commission Policy Update — G.4e2 — Electric Services Motion carried 5-0. Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 2 36 3.0 OPEN FORUM No one appeared for open forum. 4.0 POLICY & COMPLIANCE 4.1 2023 Financial Audit Ms. Karpinski presented Justin Nilson From Abdo, who was in attendance to present ERMU's 2023 Financial Statement Audit. Mr. Nilson shared that Abdo was issuing an unmodified/clean opinion with no compliance findings reported. For the electric fund, Mr. Nilson reported consistent expenditures and cash balances, as well as receipts exceeding disbursements. For the water fund, Mr. Nilson reported consistency in expenditures with a decrease in distribution, as well as receipts exceeding disbursements. Mr. Nilson noted there was data missing in the Water Operations graph. He explained that Bonds Payable for 2023 should show a total of $1.5 million and Cash should be $10.8 million for that year. For debt obligation, Mr. Nilson reported there was consistency in principal and interest amounts year over year. For cash and investments balance, Mr. Nilson noted the expected drop in 2022 was related to capital investments in 2021, largely due to the construction of the field services facility, but general consistency in the balances year to year. Chair Dietz noted on page 18 of the Financial Report that the combined operating expenses of electric and water departments are less than they were in 2022. Chair Dietz referred the group to page 36 of the Financial Report and inquired as to the interest rate on negotiable certificates of deposits segmented to one to five years, with a current total of $3,000,619. Ms. Karpinski explained that the interest rates vary from 0.5% to 4.65%. Chair Dietz inquired as to the duration of the investment. Staff responded that the ladder structure has them anywhere from 24 to 84 months. Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 3 37 From page 39, Chair Dietz asked for clarity on the electric and water debt showing an interest rate of 2%-4% and whether it changed year to year. Staff said they would find the answer. Chair Dietz stated he was mindful of the amount of electric debt, and inquired as to when the Utilities would be able to pay ahead in order to save interest. Mr. Nilson felt that time period may be close. Chair Dietz requested notice from staff when that would be possible to evaluate that option. Ms. Karpinski informed the Commission there were upcoming capital projects that would require funding. From pages 56 and 57, Chair Dietz noted that purchased power as a percent of revenue, 70.264% in 2024, is close to the percentage in 2014 of 70.121% Commissioner Stewart noted that water loss dropped between 2022 and 2023. She asked if there was a specific contributor to that. Mr. Ninow responded that it was due to a combination of factors, largely the implementation of an annual system -wide leak survey and hydrant maintenance. Moved by Commissioner Zerwas and seconded by Commissioner Bell to receive and file the 2023 Annual Financial Report. Motion carried 5-0. 4.2 2023 Year End Reserve Balance Ms. Karpinski presented the memo, recommending that unrestricted reserve balances above target levels for the Electric Utility fund be designated for electric service territory transfer costs, capital infrastructure costs; and for the Water Utility fund to be designated for capital infrastructure costs. There was discussion. Ms. Karpinski explained that part of the water fund balance would be used to help pay for the electric department's portion of the AMI project to limit the need for bonding. Chair Dietz asked if the undesignated water reserves were higher than previous years. Ms. Karpinski shared her belief that the amount was similar to prior years, with 2022 being higher due to bonds. Chair Dietz asked for a summary of upcoming water projects. Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 4 Mr. Ninow explained that with the urban services expansion ERMU will soon be looking to drill new wells, construct treatment plants, and a new water tower, as well as planning to paint the Johnson Street water tower. Moved by Commissioner Stewart and seconded by Commissioner Zerwas to designate unrestricted reserve balances above target levels for Electric and Water funds. Motion carried 5-0. 4.3 2023 Utilities Performance Incentive Compensation Distribution Ms. Karpinski presented the memo which called for a 2.5% distribution to qualifying employees per the terms of the policy and based upon staff achieving all stated goals. The Commission congratulated staff on a successful year. Moved by Commissioner Zerwas and seconded by Commissioner Stewart to award the Performance Metrics and Compensation Distribution of 2.5% to qualifying employees per the terms of the policy. Motion carried 5-0. 4.4 Utility Line Extensions in Urban Services Area Mr. Hanson presented his memo, noting that it is long-standing city practice, not policy, to provide both water and sewer service to new housing developments. He continued that the City has received a proposal for a development that requests connection to the sewer system while providing water through individual wells. In preparation for a council work session on the item, city staff had asked for the Utilities commission's opinion on the developer's proposal. Mr. Hanson explained that there are currently two developments in Elk River that have or will have sewer but not water access. He went on to explain one instance was due to the independent sewer system failing, while the other development is being designed due to a failure. The Commission discussed comparisons to a previous proposal which was presented at a joint meeting of the City Council and Utilities Commission in January of 2023. Key differences were that the initial proposal consisted of around 500 lots rather than the current proposal of 105 lots. Due to the number of lots, the 2023 plan required access to municipal water. The Utilities could not recommend providing water service to the development due to the cost of bringing the water main to the property as well as quality concerns caused by a significant extension of the system. Mr. Schmidt, the president of Twin Cities Land Development addressed the Commission, explaining that the project is viable without sewer access. However, the request to Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 5 39 connect to the sewer system was made in response to recent private system failures and because sewer access is already nearby. There was discussion. The Commission reached consensus on the following points regarding the expansion or provision of water service into new developments: • When expanding outward from existing infrastructure to accommodate adjacent development within the urban services area, water and sewer services should always be extended together such that both services are provided to the new development. • Unless special circumstances prevail, neither service should be extended into new developments that are not adjacent to existing infrastructure unless both services can be extended. • Special circumstances may exist where it is practical to provide sewer service but not water service, but water service should never be provided without sanitary service. 4.5 Commission Policy Review — G.2e — Commission Member Conduct Mr. Mauren presented his memo including a recommended update to the policy stating Commissioners will be in compliance with the City's commission attendance policy. There was discussion about the Utilities Commission allowing members to participate through teleconferencing. Mr. Portner explained that the state establishes requirements and Mr. Shepherd confirmed that the current process is within compliance. Moved by Commissioner Zerwas and seconded by Commissioner Westgaard to approve the recommended updates Commission Policy G.2e — Commission Member Conduct. Motion carried 5-0. 5.0 BUSINESS ACTION 5.1 Financial Report— March 2024 Ms. Karpinski presented the financials for March 2024. Chair Dietz raised a question on footnote 6 on page 155. There was discussion about the shifting of labor expenses based on the mild winter. Moved by Commissioner Westgaard and seconded by Commissioner Bell to receive the March 2024 Financial Report. Motion carried 5-0. Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 6 M 5.2 2024 First Quarter Delinquent Items Ms. Karpinski presented the 2024 first quarter delinquent items. There was discussion. Ms. Karpinski commended the efforts of ERMU's collections staff for keeping doubtful account amounts below the Utilities' allowance level as well as national and regional averages. Moved by Commissioner Stewart and seconded by Commissioner Zerwas to approve the 2024 first quarter delinquent items submitted. Motion carried 5-0. 5.3 2023 Consumer Confidence Report Mr. Ninow presented the 2023 Consumer Confidence Report, also known as the Water Quality Report, which is a public education effort, reporting on the efforts to protect the Community's drinking water. Mr. Ninow and the Commission commended the work of staff member Angela on creating a high -quality finished product. Moved by Commissioner Bell and seconded by Commissioner Zerwas to receive and file the 2023 Consumer Confidence Report. Motion carried 5-0. 5.4 2023 Annual Reliability Report Mr. Tietz presented the annual reliability report which showed that ERMU has strong reliability through consistent service and low outage response times. He also noted that although ERMU has been increasing its customer base over the years, there is a consistent trend of reducing outage time. Mr. Tietz provided a visual for his presentation, a wire that had been damaged in a storm on February 8, affecting service for 931 customers and creating a total outage time of 148,960 minutes across all those customers (160 minutes each). Mr. Tietz explained that this example shows how much one major event can impact numbers as it currently accounted for 98% of 2024's Customer Average Interruption Duration Index statistic. Mr. Tietz went on to explain that examples like this are the reason staff remains diligent in the maintenance and replacement of equipment, noting the importance of tree trimming given how often falling limbs cause outages. Chair Dietz asked that the report be provided to City Council. Staff stated they would provide it. Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 7 41 Chair Dietz stated that the report contained impressive results. Chair Dietz asked for comparisons with other local utilities' outage numbers. Staff said they would report back. Moved by Commissioner Westgaard and seconded by Commissioner Bell to receive the 2023 Annual Reliability Report. Motion carried 5-0. Commissioner Zerwas informed the Commission he had to leave the meeting due to a family responsibility. 5.5 Advanced Metering Infrastructure Update Mr. Tietz provided an update on the project. He corrected one point that the first batch of 1,189 water meter exchange appointment letters had accidentally been sent to commercial customers not just residential and that Allegiant was working with customers to correct the confusion. Mr. Tietz informed the Commission that 70% of appointment sign ups had been done using the QR code on the appointment letter. He added that there would also be a correction for the appointment sign up URL on the letter. There was discussion about the delayed delivery of electric meters. Chair Dietz asked if installations could occur in the winter. Staff responded that they could. Mr. Tietz directed the Commissioners to review the informational page on ERMU's website about the project. 6.0 BUSINESS DISCUSSION 6.1 Staff Updates Mr. Hanson informed the Commission that he and Ms. Karpinski, along with city staff had interviewed financial advisor firms and that both groups would be contracting with Ehlers, Inc. Ms. Youngs provided an explanation of ERMU's payment agreement program. Mr. Mauren reminded the Commission that the deadline to complete their evaluation survey was May 17 and that the June meeting was a week earlier than usual, occurring on the fourth of the month. Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 8 42 Mr. Kerzman informed the Commission that the Information Security Committee met earlier in the day and an update would be provided to the Commission. 6.2 City Council Update Commissioner Westgaard provided a City Council Update. 6.3 Future Planni Chair Dietz announced the following: a. Regular Commission Meeting —June 4, 2024 b. 2024 Governance Agenda 6.4 Other Business There was no other business. 7.0 CLOSED SESSION 7.1 Annual General Manager Performance Evaluation Moved by Commissioner Westgaard and seconded by Commissioner Stewart to close the regular commission meeting pursuant to Minn. Stat. § 13D.05, subd. 3(a) for the performance evaluation of Mark Hanson, ERMU General Manager, at 5:06 p.m. Motion carried 5-0. The Commission evaluated the performance of General Manager Mark Hanson which is to be summarized in the June regular commission meeting packet. Moved by Commissioner Stewart and seconded by Commissioner Westgaard to close the closed meeting, and re -open the regular meeting of the Elk River Municipal Utilities Commission at 6:04 p.m. Motion carried 5-0. 8.0 ADJOURN REGULAR MEETING Moved by Commissioner Westgaard and seconded by Commissioner Bell to adjourn the regular meeting of the Elk River Municipal Utilities Commission at 6:04 p.m. Motion carried 5-0. Minutes prepared by Tony Mauren. John J. Dietz, ERMU Commission Chair Tina Allard, City Clerk Elk River Municipal Utilities Commission Meeting Minutes May 14, 2024 Page 9 43