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City Council Packet 02-02-2026 City Council Regular Meeting Agenda Monday, February 2, 2026 6:30 PM Elk River City Hall ▪ Regular meeting in Council Chambers 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CONSIDER AGENDA 4. CONSENT AGENDA Considered to be routine and noncontroversial and will be approved by one motion. There will be no separate discussion of these items unless there is a request to remove the item from the consent agenda to the regular agenda. 4.1 Check Register 4.2 Water Pump Generator Trailer 4.3 Vermeer Chipper 4.4 Separation Agreement and Waiver of Claims 4.5 Hire Police Officer 4.6 Local Match for BUILD Grant - Main Street and TH10/Railroad Grade Separation 4.7 On-Sale Intoxicating Liquor License: Muddy Cow Elk River LLC. 4.8 Approve Collective Bargaining Agreement with LELS #589 Police Clerical-Technical 4.9 Resolution 26-08 Appointing an Interim Deputy Clerk 4.10 E-bike Ordinance - Regulation of Electric-Assisted Bicycles, Motorized Foot Scooters, and Electric Personal Assistive Mobility Devices on Paved Trails 4.11 Resolution 26-09 Premises Permit For CharitAbleMN dba Competition Cheer Spirit Booster Club 5. OPEN FORUM An opportunity to provide comments and feedback regarding items not on the agenda. Information provided in Open Forum will not be discussed at this meeting; rather, the information will be referred to staff and/or scheduled for discussion at a future meeting. 6. PRESENTATIONS, AWARDS, AND RECOGNITION 6.1 Introduce New Community Service Officers 6.2 Oath of Office: Police Officers 6.3 Planning Commission Candidate Interview Page 1 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity 7. PUBLIC HEARINGS An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments become part of the official public record. For this reason, all comments must be made at the podium so they can be heard and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding additional testimony. 8. GENERAL BUSINESS Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion, solicit public feedback. 8.1 Discuss Work Session Items 9. COUNCIL LIAISON UPDATES 9.1 Council Liaison Updates 10. MOTION TO ADJOURN Page 2 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.1 Meeting Date February 2, 2026 Prepared By Amy Stangler, Accounting Clerk Item Description Check Register Reviewed by Lori Stich Joe Stremcha Cal Portner Jolene Richter Action Requested Approve, by motion, the check register for the period ending February 2, 2026. Background/Discussion The details for the period ending February 2, 2026, are attached to this request for action. Total for All Funds $3,205,275.77 Financial Impact N/A Mission/Policy/Goal N/A Attachments 1. 4.1 at1 Check Register 2. 4.1 at2 Check Register 3. 4.1 at3 Check Register-City Cr Card & Taxes Page 3 of 111 Page 4 of 111 Page 5 of 111 Page 6 of 111 Page 7 of 111 Page 8 of 111 Page 9 of 111 Page 10 of 111 Page 11 of 111 Page 12 of 111 Page 13 of 111 Page 14 of 111 Page 15 of 111 Page 16 of 111 Page 17 of 111 Page 18 of 111 Page 19 of 111 Page 20 of 111 Page 21 of 111 Page 22 of 111 Page 23 of 111 Page 24 of 111 Page 25 of 111 Page 26 of 111 Page 27 of 111 Page 28 of 111 Page 29 of 111 Page 30 of 111 Page 31 of 111 Page 32 of 111 Page 33 of 111 Page 34 of 111 Page 35 of 111 Page 36 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.2 Meeting Date February 2, 2026 Prepared By Mitchell Litfin, Street and Park Superintendent Item Description Water Pump Generator Trailer Reviewed by Justin Femrite Cal Portner Jolene Richter Action Requested Approve, by motion, the purchase of a Water Pump Generator Trailer as scheduled in the 2026 Capital Improvement Plan. Background/Discussion Public Works requests authorization to purchase an Interstate 7x14 enclosed trailer, funded through the Fleet Replacement Budget. The existing trailer has reached the end of its useful life and will be sent to public auction, with proceeds returned to the Equipment Replacement Fund. Public Works utilizes a water pump generator trailer to support emergency response and planned maintenance activities. Replacing the trailer will improve operational reliability and ensure readiness during emergencies, supporting the city’s ongoing efforts to maintain critical infrastructure and protect public health and safety. Financial Impact $9,595.00 from the 2026 Equipment Replacement Fund utilizing pricing per MnDot Contract 264675 T- 603(5). Mission/Policy/Goal Responsible for every dollar—good stewards. Attachments 1. t-603(5) Quote Page 37 of 111 Page 1 of 9 Admin Minnesota Office of State Procurement Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 Persons with a hearing or speech disability can contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. CONTRACT RELEASE: T-603(5) DATE: SEPTEMBER 15, 2025 PRODUCT/SERVICE: TRAILERS AND MISC PARTS AND ACCESSORIES CONTRACT PERIOD: MARCH 1, 2025, THROUGH FEBRUARY 28, 2026 EXTENSION OPTIONS: UP TO 48 MONTHS ACQUISITION MANAGEMENT SPECIALIST/BUYER: KAREN McINTYRE PHONE: 651.201.3124 E-MAIL: karen.mcintyre@state.mn.us WEB SITE: https://mn.gov/admin/osp/ NOTIFICATION OF MULTIPLE AWARDS THIS RELEASE CONTAINS MULTIPLE AWARDS FOR SIMILAR OR LIKE ITEMS. STATE AGENCIES AND CPV MEMBERS SHOULD REVIEW AND COMPARE ALL MULTIPLE AWARD CONTRACTORS IN ORDER TO ENSURE THE BEST VALUE FOR THEIR POTENTIAL PURCHASE. FACTORS SUCH AS, BUT NOT LIMITED TO, COST, EQUIPMENT WARRANTY TERMS, VENDOR LOCATION, DELIVERY LEAD TIMES, AVAILABLE SUBSTITUTES, SELECTED OPTIONS AND CURRENT FLEET AND EQUIPMENT OR PARTS INVENTORY LEVELS ALL MAY CONTRIBUTE TO THE TOTAL COST/VALUE OF AN INDIVIDUAL PURCHASE. MULTIPLE VENDORS MAY BE ABLE TO SATISFY THE REQUIREMENTS OF THE PURCHASER AND THEREFORE IT IS IMPORTANT FOR THE PURCHASER TO REVIEW ALL CONTRACTS AND CONTRACT PRICES BEFORE EXECUTING AN ORDER. The following vendor is an eligible Targeted Group business. CONRACT VENDOR CONTRACT NO. TERMS DELIVERY LAKES AREA 264678 Net 30 30 Days POWERSPORTS, INC (Depending on Model) 8322 State 371 NW Walker, MN 56484 CONTACT: Lori Kuhlman PHONE: 218-547-1558 Email: lori@lakesareapowersports.com VENDOR NO.: 0000921719 Lakes Area Power Sports Sample Quote & Sample Invoice CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY TIETJEN FAMILY INC 264675 Net 30 120 Days DBA ACE TRAILER SALES 12090 Margo Ave. S. Hastings, MN 55033 CONTACT: Patrick Tietjen PHONE: 651.438.8780 Email: Patrick@acetrailersales.com FAX: 651.438.3021 CONTACT: Steve Tietjen PHONE: 651.438.8780 Email: steve@acetrailersales.com VENDOR NO.: 0000227350 Ace Trailer Sample Quote & Sample Invoice Page 38 of 111 Page 2 of 9 CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY CRYSTEEL TRUCK 264676 Net 30 60 - 365 Days EQUIPMENT INC. 52248 Ember Rd. Lake Crystal, MN 56055 CONTACT: Josh Taylor PHONE: 763-235-5478 Email: jtaylor@crysteeltruck.com VENDOR NO.: 0000210054 Crysteel Sample Quote & Sample Invoice CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY FELLING TRAILERS, INC. 264677 Net 30 Varies Per Model 1525 Main St. South Sauk Centre, MN 56378 CONTACT: Jacob Meyer PHONE: 800-.245-2809 or Email: Jacob.meyer@felling.com 320-351-1291 VENDOR NO.: .0000201271 Felling Trailer Sample Quote & Sample Invoice COMPANY NAME SWIFT ID LOC CODE COMPANY ADDRESS ST /ZIP PHONE CONTACT NAME Trueman Welters 193702 1 1600 Hwy 55 East, Buffalo MN/55313 763-682-2200 Seth Strehler Minnesota Equipment 197372 1 13725 Main Street, Rogers MN/55374 763-428-4107 Dan Scharber / Shane Fisher Lano Equipment 193199 3 6140 HWY 10, Anoka MN/55303 763-323-1720 Scott Fahey Titan Machinery 251892 2 1201 US-59, Marshall MN/56258 507-532-5783 Joe Swenhaugen Swanston Equipment 197573 1 3450 West Main, Fargo MN/58103 701-293-7325 Jon Saetre Trenchers Plus, Inc. 209158 1 2309 W Hwy 13, Burnsville MN/55337 952-890-6000 John Rabideaux Road Machinery & Supply Co. 244135 2 315 North Hoover Road, Virginia MN/55792 218-471-1065 Brad Carlson CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY MONROE TOWMASTER LLC, 264681 Net 30 Varies by model & configuration LLC DBA TOWMASTER TRAILERS 61381 US HWY 12 Litchfield, MN 55355 CONTACT: Dustin Nguyen PHONE: 800.462.4517 Email: dustin.nguyen@aebi-schmidt.com or 320-593-4561 FAX: 320-693-7921 CONTACT: Bob Pace PHONE: 320-693-7900 Email: bob.pace@aebi-schmidt.com VENDOR NO.: 0000979614 Towmaster Sample Quote & Sample Invoice COMPANY NAME SWIFT ID LOC CODE COMPANY ADDRESS ST /ZIP PHONE CONTACT NAME Monroe Towmaster, LLC Pup Trailers 0000194186 001 61381 US Hwy 12, Litchfield MN/55355 320-693- 7900 Tim Erickson Titan Machinery 0000251892 002 1201 North Hwy 59, Marshall MN/56258 612-741- 3321 Andy Bethel Titan Machinery 0000251892 006 4001 38th St SW, Fargo ND/58104 612-741- 3321 Andy Bethel Titan Machinery 0000251892 010 500 Ingersoll Ave, Crookston MN/56716 612-741- 3321 Andy Bethel Titan Machinery 0000251892 017 14375 James Rd, Rogers MN/55330 612-741- 3321 Andy Bethel Page 39 of 111 Page 3 of 9 Titan Machinery 0000251892 018 6340 Hwy 101 E, Shakopee MN/55379 612-741- 3321 Andy Bethel Titan Machinery 0000251892 019 4311 Haines Rd, Hermantown MN/55811 612-741- 3321 Andy Bethel RDO Equipment 0000199158 001 12500 Dupont Ave, Burnsville MN/55337 952-890- 8880 Jesse Miller RDO Equipment 0000199158 004 1910 Lorray Drive, North Mankato MN/56003 952-890- 8880 Jesse Miller RDO Equipment 0000199158 005 1236 60th Ave NW, Rochester MN/55901 952-890- 8880 Jesse Miller RDO Equipment 0000199158 006 1710 E College Drive, Marshall MN/56258 952-890- 8880 Jesse Miller RDO Equipment 0000199158 009 6700 Hwy 10 NW, Sauk Rapids MN/56379 952-890- 8880 Jesse Miller RDO Equipment 0000199158 010 2900 Main Ave SE, Moorhead MN/56560 952-890- 8880 Jesse Miller RDO Equipment 0000199158 11030 Holly Lane North, Dayton MN/55369 952-890- 8880 Jesse Miller Ziegler, Inc. (Tag Price Book only) 0000208585 001 901 W 94th St, Bloomington MN/55420 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 003 8000 County Rd 101, Shakopee MN/55379 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 004 1200 North Hwy 59, Marshall MN/56258 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 006 2225 255th St, St. Cloud MN/56301 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 007 210 Garfield Ave, Duluth MN/55802 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 008 3502 State Hwy 210 West, Fergus Falls MN/56537 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 009 720 3rd Ave SW, Crookston MN/56716 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 011 13822 W Freeway Dr, Hugo MN/55038 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 013 3311 Liberty Ln, Brainerd MN/56401 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 014 2145 Howard Drive West, N Mankato MN/56003 515-576- 3161 Jason Paterson Ziegler, Inc. (Tag Price Book only) 0000208585 015 6340 W US Hwy 63, Rochester MN/55904 515-576- 3161 Jason Paterson CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY NUSS TRUCK & EQUIPMENT 264679 Net 30 Varies by Model Ordered 2195 County Road C2 W, Roseville MN 55113 CONTACT: Dan Chipman PHONE: 651.297.6496 Email: dchipman@nussgrp.com VENDOR NO.: 0000201150 Nuss Truck Sample Quote & Sample Invoice COMPANY NAME SWIFT ID LOC CODE COMPANY ADDRESS ST /ZIP PHONE CONTACT NAME Nuss Truck & Equipment 201150 1 6500 Hwy 63 S., Rochester 55903 612-297-6496 Dan Chipman Nuss Truck & Equipment 201150 2 2625 Quail Road NE, Sauk Rapids 56379 612-297-6496 Dan Chipman Nuss Truck & Equipment 201150 3 2195 W County Road C2, Roseville 55113 612-297-6496 Dan Chipman Page 40 of 111 Page 4 of 9 Nuss Truck & Equipment 201150 4 53976 208th Lane, Mankato 56002 612-297-6496 Dan Chipman Nuss Truck & Equipment 201150 5 12540 Dupont Ave S, Burnsville 55337 612-297-6496 Dan Chipman Nuss Truck & Equipment 201150 6 9403 Westgate Blvd, Proctor 55810 612-297-6496 Dan Chipman Nuss Truck & Equipment 201150 7 3499 Chelsea Rd, Monticello 55362 612-297-6496 Dan Chipman CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY TITAN MACHINERY INC 264680 NET 30 1-85 Weeks ARO 644 E Beaton Drive depending on configuration West Fargo, ND 58078 CONTACT: Andy Bethel PHONE: 800-795-9274 EMAIL: andy.bethel@titanmachinery.com or 612-741-3321 VENDOR NO: 0000251892 FAX: 952-445-0365 Titan Machinery Sample Quote & Sample Invoice COMPANY NAME SWIFT ID LOC CODE COMPANY ADDRESS ST /ZIP PHONE CONTACT NAME Titan Machinery Inc 251892 10 500 Ingersoll Ave Crookston, MN 56716 218-281-4668 Mike Kolste Titan Machinery Inc 251892 6 4001 38th Street SW Fargo ND, 54108 701-237-3333 Lee Menge Titan Machinery Inc 251892 19 4311 Haines Road Hermantown, MN 55811 218-727-3038 Ben Pias Titan Machinery Inc 251892 20 N 1626 Wuensch Road La Crosse WI, 54601 608-788-1025 Ryan Kennedy Titan Machinery Inc 251892 2 1201 North Hwy 69 Marshall, MN, 56258 507-532-5783 Troy Schmitt Titan Machinery Inc 251892 17 14375 James Road Rogers, MN, 55374 763-428-5099 Ben Pias Titan Machinery Inc 251892 18 6340 County Road 101 E Shakopee, MN, 55379 952-445-5400 Ben Pias Titan Machinery Inc 251892 5 4400 W 62nd St North Sioux Falls, SD, 57107 605-336-3434 Matt Leighton CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY ZBROS ENTERPRISE, INC 264682 NET 30 60-90 Days D.B.A REDI HAUL TRAILERS 1205 N Dewey St Fairmont, MN 56031 CONTACT: Kysten Zierke PHONE: 507-238-4231 EMAIL: orders@redihaul.com VENDOR NO: 0001192255 Redi Haul Sample Quote & Sample Invoice CONTRACT USERS. This Contract is available to the following entities as indicated by the checked boxes below ☒ State agencies ☒ Cooperative Purchasing Venture (CPV) members STATE AGENCY CONTRACT USE. State agencies should make every effort to use the Contractor(s) listed. However, this Contract does not prohibit State agencies from using their delegated local purchasing authority to procure similar products and services from other vendors. STATE AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contractor. State agencies should use a Contract release order (CRO) or a blanket purchase order (BPC). The person ordering should include his or her name and phone number. Orders may be submitted via fax. SERVICE CERTIFICATION FORM REQUIREMENTS. Pursuant to Minn. Stat. § 16C.09, agencies must complete a “Service Contract Certification Form” prior to issuing an order for services offered from this Contract. CONTRACT FEEDBACK. If these commodities or service can be better structured to help you with your business needs, let us know. We solicit your comments and suggestions to improve all of our contracts so that they may better serve your Page 41 of 111 Page 5 of 9 business needs. If you have a need for which no contract currently exists, or you would like to be able to use an existing state contract that is not available to your entity, whether a state agency or CPV, please contact us. If you have specific comments or suggestions about an individual contract you can submit those via the Contract Feedback Form. HOW TO USE THIS MASTER CONTRACT  Step 1: Request a Quote Request a quote from one of the Contractors listed on this Contract Release. Note that you should not request a quote from a Contractor whose contract is not fully executed or on a contract that is expired. At a minimum the quote must include: 1. Contractor’s name. 2. Name of Contractor’s representative providing the quote. 3. Date of quote. 4. State Contract Release T-603(5) and Contract number. 5. Detailed description of the Contract product(s) or item(s) being provided. Individual price, quantity and the agreed upon ARO. 6. The name and title of the person from the Contractor issuing the quote. 7. Total price for all products/items quoted. 8. Expiration date of quote. 9. Delivery charges must clearly state the delivery charge per loaded mile and the delivery starting point. Mileage distance will be the distance from the delivery starting point to the Ordering Entity’s delivery point only. Mileage distances will be determined from Google Maps or MapQuest. The ordering agency may use the Contractor delivery, may pick up the equipment, or may contract for delivery with anyone it chooses. The delivery charge may be a factor in the award.  Step 2: The Ordering Entity is to verify the quote to confirm contract pricing and that the After Receipt of Order (ARO), offered meets the business need. Detailed Pricing for the T-603(5) Trailers and Accessories information is available on the The following information explains the methods for calculating and/or confirming the contract prices. A. The Contract(s) was executed with FIXED PRICING. The pricing offered must match or be lower than that detailed herein. B. For PERCENTAGE DISCOUNT OFF OF LIST pricing, calculate the contract price by following these steps: 1) Locate the appropriate price list using this release and the MnDOT web page. 2) Calculate the Contract Price by applying the Percentage Discount Off of the Appropriate Price List to the appropriate Price List. 3) Confirm the price offered is equal to, or lower than, the price calculated in step 2. Only accept quotes that provide itemized contract pricing (lump sum price quotes must be rejected and revised by the Contractor to show itemized State contract pricing). Prior to accepting an order and/or issuing an invoice, inspect the products received to ensure they match both the terms and pricing of the contract. Contact the AMS/Buyer detailed on the first page of this Contract Release to report any pricing discrepancies or for assistance in confirming/calculating contract pricing.  Step 3: Establish a Purchase Order. Once the ordering plan has been approved, a Purchase Order (PO) may be issue before any products is shipped by the Contractor. State agencies issuing purchase orders should use a Contract Release Order (CRO) or a Blanket Purchase Order (BPC). The person placing the order should provide their contact information to include their name, phone number and email (if applicable).  Step 4: Paying the final Invoice Page 42 of 111 Page 6 of 9 Before issuing payment on an invoice, the Ordering Entity must inspect the contract products to ensure they match both the terms and pricing on the contract. Only accept invoices from Contractors that itemized contract products and delivery charges as stated in the Special Terms. Lump sum prices must be rejected and reworked by the Contractor to show itemized State contract pricing. The invoice must include enough detail for the Ordering Entity to verify that the products were delivered on the invoice have been provided. The Contract(s) pricing structure is a PERCENTAGE DISCOUNT OFF OF LIST PRICE. To calculate the Contract Price, follow the processes provided in Step 2 above. Note that the delivery method (Drop Ship or Inside Delivery) must be stated on the invoice. END OF HOW TO USE THIS MASTER CONTRACT INSTRUCTIONS SPECIFICATIONS, DUTIES, AND SCOPE OF WORK Section 1: Equipment Specifications Trailers: Belly Dump, Lowboys, Flatbed, Tag, Slide, Axle, Utility, Gooseneck, Enclosed, and Etc. 1. Scope. Trailers must be the most current advertised production model as modified per specifications and approved by Mn/DOT furnished with all standard equipment advertised whether or not specifically called for here except where the item is replaced by optional over standard equipment or conflicting equipment is specified. The unit must be complete with all equipment required and ready for immediate operation to function as listed below and the unit must meet applicable State and Federal codes and standards. 2. Trailer Requirements. 2.1. Trailer capacity to be at highway speed. 2.2. Trailer to be a maximum width of 8'6" wide (where applicable). 2.3. One complete set of parts and service manuals must be included for each trailer ordered. 2.4. Manufacturer's standard color acceptable, paint must be lead free. 2.5. Trailer Plug electrical connector is to be 7-pin, Round, wired to match MnDOT’s spec. (See Exhibit E). Or MnDOT may purchase a RV Plug wired to the Industry Standard wiring. 2.6. MnDOT will only purchase trailers that meet the following lighting and wiring specifications (See Exhibit E): • Trailer must meet or exceed all current Federal Motor Carrier Safety Regulations 393.9 thru 393.33. • Trailer cord plug must meet SAE spec. J560 and be wired directly to trailer cord. • Plug to be wired as follows if a 7 Pin with Round Pins (Only other plug that will be excepted will be a RV plug that is wired to industry standard wiring): White – Ground return to towing vehicle Black – Electric brake controller – or not utilized if trailer has air, hydraulic or no brakes Yellow – Left turn signal and hazard lamps (w/brake – *not required) Red – Stop lamps and antilock device Green – Right turn signal and hazard lamps (w/brake – *not required) Brown – Clearance, marker, and taillights Blue – If air Brake – Continuous ABS power If electric Brake – Ign. controlled B+ for break-away battery charge 2.7. No trailer cord adaptors will be accepted. 2.8. Trailer cord to be wired to a weatherproof, 7-terminal junction block (Waytek part #47290 or MnDOT approved equal). 2.9. All MnDOT trailer light wiring (including ground wiring) must be routed to a weather tight junction block and using compression fittings of the correct size for the cable being used. The box should be located under the bed behind the tongue area. Page 43 of 111 Page 7 of 9 2.10. Wire splices will be soldered and have heat shrink connectors or heat shrink covering with glue or done with heat shrink butt connectors that have been heated and shrunk to wire or soldered and have heat-shrink that has been shrunk to wire. 2.11. No wire nuts, closed end connectors or self-stripping displacement connectors (i.e. Scotch Loks) will be accepted. 2.12. All lights must be LED. 2.13. Stop/Turn/Tail lighting must be 4” round lights in rubber grommets or 3”x 7” oval lights in rubber grommets or MnDOT approved equal. Clearance and Marker lights must be 2” round lights in rubber grommets or MnDOT approved equal. 2.14. For MnDOT any trailer that need brakes must have brakes on all axles. 2.15. The equipment is required to pass a Commercial Vehicle Inspection (CVI) by a licensed MnDOT commercial vehicle inspector before payment will be made. If the equipment cannot pass the CVI from a licensed inspector, the contractor will be contacted to pick up the equipment and make necessary repairs so the equipment will pass a CVI. The Contractor will then return equipment in a condition that will pass a Commercial Vehicle Inspection. The pickup, delivery, and repairs to the equipment to be at the contractor’s expanse. 3. Equipment Options. 3.1. Equipment options include MnDOT wiring and lighting layout, long stroke brake chambers, and hot dipped galvanizing. 3.2. If your trailers have Dexter Axles, you must offer long Stroke Brake chambers. MnDOT will not purchase trailers with Dexter axles without long stroke brake chambers. 3.3. If you offer hot dipped galvanizing as an option, list the trailer models that can be hot dipped galvanized and the price to galvanize each on the Price Pages. • 2.0 Pricing Page Method 1 - Section No. 5.0 - Hot Dipped Galvanizing. • 3.0 Catalog Discount Method 2- Option Line 2.3 - Hot Dipped Galvanizing. 3.4. You may add additional lines on the Price Pages in Section No. 2, Options, if you wish to offer additional equipment options. 4. MnDOT Trailer MSO. The Manufacture Statement of Origin (MSO) must be delivered to the Ordering Entity within fourteen (14) calendar days of trailer delivery date (trailer to be delivered to the location designated on the PO). The payment process will not start until both the trailer and MSO are received at the required locations of the Customer. For MnDOT purchases, the MSO must be delivered to MnDOT Office, 6000 Minnehaha Ave, Fort Snelling, MN 55111. 5. Right to Add. During the term of the contract, the State reserves the right to add additional equipment and accessories, upon mutual agreement between the State and the Contractors through a duly executed amendment to the contract. 6. Equipment Orientation. The cost of the equipment must include orientation to the end user that will familiarize the end user on how the equipment will operate and all operating and safety instruction. 7. MnDOT Trailer MSO. The Manufacture Statement of Origin (MSO) must be delivered to the Ordering Entity within fourteen (14) calendar days of trailer delivery date (trailer to be delivered to the location designated on the PO). The payment process will not start until both the trailer and MSO are received at the required locations of the Customer. For MnDOT purchases, the MSO must be delivered to MnDOT Office, 6000 Minnehaha Ave, Fort Snelling, MN 55111. Section 2: Additional Terms and Conditions 1. Transit Improvement Vehicle Excise Tax. Page 44 of 111 Page 8 of 9 A $20 Transit Improvement Vehicle Excise Tax applies to sales of motor vehicles registered for road use. The $20 must be collected by any person in the business of selling new or used motor vehicles at retail when the sale occurs in the transit tax area. The $20 tax applies even if the buyer is from out of state and will take the vehicle out of Minnesota for registration. The $20 tax is not connected to registration, but rather to the sale. The Deputy Registrar does not collect this tax. The Contractor (dealer) must report the $20 on their electronic sales tax return at the same time as they report their Minnesota sales and use tax. The sale occurs where the purchaser takes possession of the vehicle. So, if the vehicle is sold in the transit tax area, but is delivered out of the transit tax area, the $20 excise tax does not apply. Conversely, if the vehicle is sold outside of the transit tax area, but is delivered into the transit tax area, the $20 excise tax does apply. Exceptions to the $20 Transit Improvement Vehicle Excise Tax: • Federal government agencies, vehicles not required to be licensed for road use (e.g., marked police cars, fire trucks and ambulances) and vehicles for resale. • Leased vehicles. As a point of clarification, the following taxes DO NOT apply to the sale of motor vehicles: • General Sales and Use Tax • City and County Local Tax • Federal Excise Tax (as the State is Exempt) • Transit Improvement 0.25% Sales and Use Tax Transit improvement Vehicle Excise Tax is not to be included in the prices offered. Transit Improvement Vehicle Excise Tax shall be a separate line item on the quote and invoice. PRICING DOCUMENTS Price Lists: Contact the Contractor to confirm the equipment brand, model and build specifications to satisfy your operational requirements. The Contractor shall confirm the equipment brand, model and build specifications to the customer. Contracts were executed with either a fix price or percent discount off a list price. The pricing offered must match the prices in the price book found on the Minnesota Department of Transportation Maintenance Contracts link below. Page 45 of 111 Page 9 of 9 LINKS TO PRICE SCHEDULES Ace Trailer Sales Air Tow Trailer Price Schedule Aluma Trailer Price Schedule Behnke Trailer Price Schedule Floe Trailer Price Schedule Interstate Trailer Price Schedule Triton Trailer Price Schedule Crysteel Truck Equipment Inc Crysteel Truck Equipment Price Schedule Felling Trailers, Inc. Felling Trailers, Inc. Price Schedule Felling Trailer Sales Guide with List Pricing Monroe Towmaster LLC DBA Towmaster Trailers Towmaster Trailers Price Schedule Towmaster 2025 Minnesota State Contract King in List Pricing Towmaster 2025 Minnesota State Contract Tag Trailer List Pricing Nuss Truck & Equipment Nuss Truck & Equipment Price Schedule – Alpha Trailers Nuss Truck & Equipment Price Schedule – BWS Trailers Nuss Truck & Equipment Price Schedule – CPS Trailers Nuss Truck & Equipment Price Schedule – Jet Trailers Nuss Truck & Equipment Price Schedule – Talbert Trailers Nuss Truck & Equipment Price Schedule – XL Specialized Trailers Titan Machinery Inc. Titan Machinery Inc Price Schedule – Sidumper Zbros Entrprise Inc. DBA Redi Haul Trailers Zbros Enterprise Price Schedule Redi Haul List Pricing REVISIONS. 09/15/2025 For Towmaster Contract No. 264681, the Exhibit D – Price Schedules are updated to add disc brakes for some models. All other terms, conditions & specifications remain the same. 06/24/2025 For Felling Trailer Contract No. 264677, Titan Machinery in Hermantown, MN is added as an Authorized Dealer. All other prices, terms, conditions and specifications remain the same. 05/30/2025 For Nuss Truck Contract No. 264679, the XL SPECIALIZED Price Schedules are updated. All other prices, terms, conditions and specifications remain the same. Page 46 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.3 Meeting Date February 2, 2026 Prepared By Mitchell Litfin, Street and Park Superintendent Item Description Vermeer Chipper Reviewed by Justin Femrite Cal Portner Jolene Richter Action Requested Approve, by motion, the purchase of a Vermeer BC1500 chipper as scheduled in the 2026 Capital Improvement Plan. Background/Discussion Public Works is requesting authorization to purchase a Vermeer BC1500 chipper to replace the existing unit, which has exceeded its useful life. This equipment will support Emerald Ash Borer (EAB) response efforts and continue to serve daily street and park maintenance operations. Financial Impact The purchase price of the Vermeer BC1500 chipper is $90,186.00. The preliminary CIP included a placeholder budget of $90,000, reflecting earlier estimates before updated pricing and current market conditions. The existing unit will be sent to public auction, with proceeds returned to the Equipment Replacement Fund. This purchase will be funded through the 2026 Equipment Replacement Fund and is based on pricing from MnDOT Contract 281167 C-796(5). Mission/Policy/Goal Responsible for every dollar—good stewards Attachments 1. Investment Proposal (Quote)_639040648545064546 Page 47 of 111 Investment Proposal (Quote) RDO Equipment Co. 6700 Highway 10 Northwest Sauk Rapids MN, 56379 Phone: (320) 259-6222 - Fax: (320) 259-6014 Proposal for: CITY OF ELK RIVER 13065 ORONO PKWY NW ELK RIVER, MN, 553305600 SHERBURNE Investment Proposal Date: Pricing Valid Until: Deal Number: Customer Account#: Account Manager: Phone: Fax: Email: 6/26/2025 7/10/2025 1914729 2052002 Matthew Lehrer 1 (320) 534-2916 mlehrer@rdoequipment.com Equipment Information Quantity Serial Number Stock Number Hours (approx.) Status / Year / Make / Model Additional Items Cash Price 1 TBD TBD 0 New 2026 VERMEER BC1500 $90,186.00 BC1500014 BC1500 130HP CUMMINS DIESEL - TIER 4 FINAL BC1500016 ~MANUAL CHUTE ROTATION RIGHT SIDE BC1500029 BC1500 WINCH RIGHT SIDE CONTROLS BC1500040 ~BC1500 DOMESTIC 6-WAY ROUND TRAILER PLUG BC1500052 BC1500 RT SIDE CONTROLS - (130HP) T4F/STAGE IV BC1500077 BC1500 STANDARD TIRES - 235/75R17.5H/J BC1500092 ~BC1500 DOMESTIC OPTION 130HP TIER 4 FINAL BC150051VP BC1500 DOM. VALUE PACKAGE 130HP T4F - WINCH BC1500AM010 TELEMATICS Equipment Subtotal:$90,186.00 Purchase Order Totals Balance:$90,186.00 Total Taxable Amount:$0.00 MN STATE TAX:$0.00 MN COUNTY TAX:$0.00 MN SPECIAL TAX:$0.00 Sales Tax Total:$0.00 Sub Total:$90,186.00 Cash with Order:$0.00 Balance Due:$90,186.00 D1914729 Page 1 of 1 Page 48 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.4 Meeting Date February 2, 2026 Prepared By Lauren Wipper, Human Resources Manager Item Description Separation Agreement and Waiver of Claims Reviewed by Cal Portner Jolene Richter Action Requested Approve, by motion, the Separation Agreement and Release with City Clerk Tina Allard. Background/Discussion Tina Allard retired on December 31, 2025. As part of the Severance Pay Policy requirements, a release of claims must be executed. Ms. Allard returned her signed release on January 21, 2026. Financial Impact As per the Severance Pay policy. Mission/Policy/Goal The Elk River Mission Statement. Attachments 1. TAllard Agreement Page 49 of 111 Page 50 of 111 Page 51 of 111 Page 52 of 111 Page 53 of 111 Page 54 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.5 Meeting Date February 2, 2026 Prepared By Lauren Wipper, Human Resources Manager Item Description Hire Police Officer Reviewed by David Kuhnly Cal Portner Jolene Richter Action Requested Approve, by motion, the hiring of Conner Adams to the position of police officer effective February 17,2026. Background/Discussion We have been recruiting for police officers to fill vacancies for retirements and career changes. Following interviews, background, and psychological and physical testing, we recommend Conner Adams for this position. Officer Adams graduated from Alexandria Technical School's Law Enforcement program in 2025 and has been working as a police officer at the Warroad Police Department since that time. Officer Adams will start at pay step 2 of the LELS Local 231 contract. All pay and benefits will be consistent with city policy and the union contract. Financial Impact This is a budgeted position. Mission/Policy/Goal The Elk River Mission Statement. Attachments None Page 55 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.6 Meeting Date February 2, 2026 Prepared By Ryan Sandhoefner, Engineering Project Manager Item Description Local Match for BUILD Grant - Main Street and TH10/Railroad Grade Separation Reviewed by Justin Femrite Cal Portner Jolene Richter Action Requested Approve, by motion, up to $1,203,133 in local match toward the BUILD grant submittal for the grade separation of Main Street and TH10/Railroad. Background/Discussion In 2025, city staff were approached by BNSF and their grant writing consultant to consider safety improvements to at-grade intersections with the railroad in Elk River. In conjunction with the Downtown Master Plan, we identified the crossing of Main Street to be of interest. After considering all grants available, they determined the BUILD grant to be most applicable to our needs. With this, a local match of 20% is required, which is estimated on the high end to total $1,453,133 over the next several years. BNSF has committed $250,000 toward this local match, which brings the city's contribution down to $1,203,133. If awarded, this grant would bring the project up to 30% preliminary engineering. This milestone would set Elk River up for the application of future construction grants in hopes of one day funding a construction project. Financial Impact After BNSF's contribution, the city's responsibility totals $1,203,133 and is expected to be funded using our Municipal State Aid account. Mission/Policy/Goal Responsibly grow Attachments None Page 56 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.7 Meeting Date February 2, 2026 Prepared By Dawn Robertson, Records Specialist Item Description On-Sale Intoxicating Liquor License: Muddy Cow Elk River LLC. Reviewed by Cal Portner Jolene Richter Action Requested Approve, by motion, an On-Sale Intoxicating Liquor License to Muddy Cow Elk River LLC. License Valid through February 16, 2027. Background/Discussion Muddy Cow Elk River LLC requests an On-Sale Intoxicating Liquor License for their location at 13479 Business Center Dr NW Financial Impact N/A Mission/Policy/Goal Elk River Mission Attachments None Page 57 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.8 Meeting Date February 2, 2026 Prepared By Lauren Wipper, Human Resources Manager Item Description Approve Collective Bargaining Agreement with LELS #589 Police Clerical-Technical Reviewed by Cal Portner Jolene Richter Action Requested Approve, by motion, the Master Labor Agreement (Contract) between the City of Elk River and Law Enforcement Labor Services (LELS) Local #589 for January 1, 2026, to December 31, 2027. Background/Discussion City staff negotiated an agreement with the police clerical and technical labor union (LELS #589). The agreed- to provisions of the contract are consistent with previous Council discussions as well as with other labor agreements and city policies. The new terms are as follows: MN Paid Leave Grandfathered into city policy if city policy changes. Injury on Duty CSOII/Evidence Technician will receive 30 days of IOD if injured while at the scene or en route to or from the scene. On Call Pay Changed from 1 hour of comp time to 2 hours of comp time. Defined that this is at straight time. Comp Time No maximum balance, but must be at or below 40 in December or paid out. Wages January 1, 2026, 2.75%; June 28, 2026, 0.25%; January 2027, 2.75%; July 1, 2027, mid-year look back retro not to exceed 1.5% Field Training Pay CSOII/Evidence Technician is paid 2 hours per day while performing FTO duties. Financial Impact The 2026 wages are included in the 2026 approved budget. Other costs will be absorbed by the department budget and included in the 2027 budget. Mission/Policy/Goal The Elk River Mission Statement. Attachments 1. Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services, Inc. Local #589 2. Marked up version of 2025 Agreement Page 58 of 111 Page 59 of 111 MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL 589) Effective January 1, 2026, through December 31, 2027 Page 60 of 111 Table of Contents ARTICLE 1. PURPOSE OF INTENT ............................................................................................................................1 ARTICLE 2. RECOGNITION ........................................................................................................................................1 ARTICLE 3. DEFINITIONS ............................................................................................................................................1 ARTICLE 4. EMPLOYER AUTHORITY .......................................................................................................................2 ARTICLE 5. EMPLOYER SECURITY ...........................................................................................................................3 ARTICLE 6. UNION SECURITY ...................................................................................................................................3 ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ...........................................................................4 ARTICLE 8. SAVINGS CLAUSE .....................................................................................................................................6 ARTICLE 9. SENIORITY .................................................................................................................................................6 ARTICLE 10. DISCIPLINE ...............................................................................................................................................7 ARTICLE 11. WORK SCHEDULES ..............................................................................................................................7 ARTICLE 12. OVERTIME ................................................................................................................................................8 ARTICLE 13. INSURANCE ............................................................................................................................................8 ARTICLE 14. UNIFORMS ...............................................................................................................................................8 ARTICLE 15. SICK LEAVE ..............................................................................................................................................9 15.1 Minnesota Paid Family and Medical Leave 15.2 Injury on Duty ARTICLE 16. BEREAVEMENT LEAVE ...........................................................................................................................9 ARTICLE 17. SEVERANCE ............................................................................................................................................9 ARTICLE 18. VACATION ............................................................................................................................................10 ARTICLE 19. HOLIDAYS .............................................................................................................................................11 ARTICLE 20. ON CALL ................................................................................................................................................12 ARTICLE 21. COMPENSATORY TIME PROVISIONS ............................................................................................12 ARTICLE 22. WAGES ...................................................................................................................................................12 22.3 Field Training Pay ARTICLE 23. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN .......................................................................13 ARTICLE 24. WAIVER ..................................................................................................................................................13 Page 61 of 111 ARTICLE 25. DURATION ...........................................................................................................................................14 Appendix A .....................................................................................................................................................................15 Page 62 of 111 1 ARTICLE 1. PURPOSE OF INTENT This Agreement is entered into as of January 1, 2025, between the City of Elk River, hereinafter called the Employer, and the Law Enforcement Labor Services, Inc., Local 589 (LELS), hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and, 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes 179A.03, Subdivision 8, for all regular fulltime police personnel in the following job classification: All clerical and technical employees of the Elk River Police Department, Elk River, Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding Temporary Community Service Officer 1, supervisory employees, and confidential employees within the meaning of Minn. Stat. 179A.03, subd. 17 and 4, and all other employees. 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. (LELS) Local No. 589. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 589). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Elk River Police Department 3.5 EMPLOYER: The City of Elk River, Minnesota 3.6 CHIEF: The Police Chief for the City of Elk River, Minnesota Police Department 3.7 UNION STEWARD: Employee elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 589). 3.8 OVERTIME: Work performed by a non-exempt Employee at the express authorization of the Employer in excess of 40 hours per week. 3.9 SCHEDULED SHIFT: A consecutive work period including Rest Breaks and an unpaid Lunch Break. Page 63 of 111 2 3.10 REST BREAKS: Periods during the Scheduled Shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: An unpaid period during the Scheduled Shift during which the Employee is not responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence as a whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of including, influencing, or coercing a change in the conditions or compensation of the rights, privileges, or obligations of employment. 3.13 COMPENSATORY TIME: A non-exempt Employee’s time off a regularly Scheduled Shift with pay in lieu of Overtime pay, taken with prior approval of the Employer. 3.14 PROBATIONARY PERIOD: That period from date of hire until an Employee, with successful performance, is certified as a regular full time Employee as per the following: a. New Hire: Six (6) months from date of hire. b. Promotion: Six (6) months from the date of promotion. ARTICLE 4. EMPLOYER AUTHORITY The Employer has and will continue to retain, whether exercised or not, the sole and unrestricted right to operate and manage its affairs in all respects and to perform any inherent managerial function not specifically limited by the express provisions of this Agreement. The rights of the Employer, through its management official, shall include but not be limited to the following: 1) The right to operate and manage all manpower and facilities and equipment, 2) to set and amend budgets, 3) to establish and modify the organizational structure, 4) to determine the purpose or mission of the organization in each of its departments or units, 5) to establish functions and programs, 6) to introduce new or improved methods of work and to determine the utilization of technology, to exercise control and discretion over the organization and the efficiency, economy, and productivity of operations, 7) to set standards for work services to the public, 8) to change or eliminate the existing work schedules, to assign work, overtime, leave time, and schedule working hours, 9) to hire, examine, classify, promote, train, transfer, assign and schedule Employees in positions with the Employer, Page 64 of 111 3 10) to suspend, demote, discharge or take other disciplinary action against the Employees for just cause, 11) to increase, reduce, change, modify or alter the composition and size of the work force, 12) to lay off Employees, 13) to reallocate positions to higher or lower classifications, 14) to determine locations, methods, means and numbers of personnel by which operations are to be conducted, 15) to establish, modify, combine or abolish job classifications, 16) to determine whether goods and services are to be provided or purchased, and 17) to direct the Employees. Any term or condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. Nothing in the agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this agreement. ARTICLE 5. EMPLOYER SECURITY 5.1 The union, its officers or agents, and the Employees covered by this agreement, agree that during the life of this agreement it will not cause, encourage, participate in or support any slowdown, other interruption of or interference with the normal functions of the employer. 5.2 If any employee violates this article, the union shall immediately notify any such employee in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any or all employees who violate any of the provisions of this article may be discharged or otherwise disciplined. 5.3 The employer’s failure to exercise any right, prerogative, or function hereby reserved to it, or the employer’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the employer’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this agreement. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be remitted directly to Law Enforcement Labor Services, Inc. monthly. Page 65 of 111 4 6.2 The Union may designate Employees from the bargaining unit to act as a Union Steward and an alternate. The Union shall inform the Employer, in writing, of such choice and changes in the position of Steward and/or alternate. 6.3 The Employer shall make space available on the employee's bulletin board for posting Union notice(s) and announcement(s). 6.4 Law Enforcement Labor Services, Inc. shall indemnify the Employer for any successful employee claim for unauthorized employer deduction made by relying on Law Enforcement Labor Services, Inc.’s submission of membership authorizations or certification or regarding the employee’s authorization for the dues deduction or for any successful employee claim for unauthorized employer deductions by relying on information from Law Enforcement Labor Services, Inc regarding changing or canceling dues deductions. 6.5 The Union shall request access to the premises of the Employer at reasonable times and subject to mutually agreed upon reasonable rules to investigate grievances and for other reasonable purposes. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.1 Union Stewards: The Employer will recognize Union Stewards designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Stewards and of their successors when so designated as provided by Section 6.2 of this Agreement. 7.2 Processing of Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievance, as hereinafter provided, is limited by the job duties and responsibilities of the Employees and shall, therefore, be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Steward shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Steward have notified and received the prior approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.3 Procedure: Grievances, as defined by this article shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of Page 66 of 111 5 this Agreement shall, within fourteen (14) calendar days from the alleged occurrence, present in writing the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested to the Employee's supervisor and Chief. The Employer shall answer the Employee and the Union, in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 shall be appealed to Step 2 within ten (10) calendar days after the Employer Step 1 response. Step 2. If appealed, the written grievance shall be presented by the Union to the city administrator. The city administrator and the Union shall schedule an in-person meeting to include necessary participants within ten (10) calendar days after receipt of such Step 2 grievance. The City and Union shall make every effort for timeliness. The city administrator shall respond, in writing, to the Union within five (5) calendar days after the meeting. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the city administrator’s final Step 2 answer. Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the Union may be submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration within ten (10) calendar days following the final Step 2 answer. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within ten (10) calendar days following mediation. The Union shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. 7.4 Arbitrator's Authority: a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to decide on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record Page 67 of 111 6 to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. If a record is requested, the arbitrator shall receive a copy at no cost. 7.5 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered “waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled based on the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievances as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 7.6 Choice of Remedy: If, because of the Employer's response in Step 2, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of this Article or to another procedure such as Veterans Preference. If appealed to any procedure other than Step 3 of this Article, the grievance shall not be subject to the arbitration procedure provided in Step 3 of this Article. The aggrieved employee shall indicate in writing which procedure is to be used - Step 3 of this Article or an alternative procedure - and shall sign a statement to the effect that the choice of an alternate procedure precludes the employee from making an appeal through Step 3 of this Article. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Elk River, Minnesota. In the event any provisions of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time limits provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENIORITY Seniority shall be determined by the regular full time Employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Employer or designee based on time in grade and time within specific classifications. 9.1 During the Probationary Period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the Probationary Period, a promoted or reassigned regular full time Employee may be replaced in the Employee's previous position at the sole discretion of the Employer. Page 68 of 111 7 9.2 A reduction of the workforce will be accomplished based on seniority. Regular full time Employees shall be recalled from layoff based on seniority. A qualified, as determined by Employer, regular fulltime Employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new Employee is hired. ARTICLE 10. DISCIPLINE The Employer retains the sole discretion to determine what behavior warrants disciplinary action and which action will be imposed. 10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or, e. discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, notices of demotion, and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by the signature of the Employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files in accordance with the Minnesota Government Practices Act. 10.5 Employees will not be questioned concerning an employment investigation for disciplinary action unless the Employee has been given a reasonable opportunity to have a Union Steward present at such questioning. 10.6 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 7. ARTICLE 11. WORK SCHEDULES The normal work year for regular non-exempt or exempt full time Employees is two thousand and eighty (2080) hours, to be accounted for by each Employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training; or, d. authorized leave time. 11.1 Nothing contained in this, or any other Article shall be interpreted to be a guarantee of the minimum or maximum number of hours the Employer may assign Employees. Page 69 of 111 8 11.2 Employees shall not take their Rest Break or Lunch Break during the during the first or last hour of their shift. 11.3 Summer work schedules are set solely at the discretion of the Chief. ARTICLE 12. OVERTIME Non-exempt Employees will be compensated at one and one-half (1½) times the Employee's regular rate of pay for hours worked in excess of 40 hours per week. 12.1 Paid holidays, bereavement leave, vacation, compensatory time, sick leave, and ESST when used consistent with Employer sick leave, shall be the only non-workdays with compensation considered for purposes of computing overtime compensation. 12.2 Changes of shifts do not qualify an Employee for Overtime under this Article. 12.3 Overtime will be distributed as equally as practicable. 12.4 Overtime refused by Employees will, for record purposes under Article 12.3, be considered as unpaid Overtime worked. 12.5 For the purpose of computing Overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 12.6 Overtime will be calculated to the nearest fifteen (15) minutes. 12.7 Employees have the obligation to work Overtime or call backs as requested by the Employer unless unusual circumstances prevent the employee from so working. The minimum call back will be two hours. ARTICLE 13. INSURANCE The Employer shall provide the same health insurance and other insurance benefits available to non-union employees. Employees shall receive the same insurance contributions and benefits as the City's non-union employees. ARTICLE 14. UNIFORMS The CSO II/Evidence Technicians and Investigative Analyst shall be credited with an annual uniform allowance account to be used on a voucher system basis. All items charged to the Employer must receive prior approval of the Chief. The amount charged shall not exceed the outstanding balance in the Employee’s uniform allowance account. The annual uniform allowance amount will be as follows: CSOII/Evidence Technician - $700 per year. Investigative Analyst - $250 per year. Page 70 of 111 9 ARTICLE 15. SICK LEAVE The Union shall be eligible to accrue and use Sick Leave consistent with the city Personnel Policy Manual. In the event the City desires to change Sick Leave in the Personnel Policy Manual, the City and Union shall open the contract for this lone provision. 15.1 Minnesota Paid Family and Medical Leave The Union will follow the December 2025 Personnel Policy Manual language which will be grandfathered in the case of subsequent policy changes. 15.2 Injury on Duty Employees in the classification of CSOII/Evidence Technician injured during the active performance of their duties for the Employer en route to or from, or on event scene shall be paid the difference between the fulltime Employee’s regular pay and worker’s compensation insurance payments for a period not to exceed thirty (30) working days per injury following an initial three (3) day waiting period. Injury on Duty (IOD) will not be charged to the regular fulltime employee’s vacation, sick/ESST leave, or other accumulated leave time. Full shifts off work due to injury will be counted as one day IOD. Partial shifts off work due to injury will be counted by the quarter hour toward the 30 day (240 hour) IOD benefit. Time off of work on the initial day of injury and the three (3) working days initial waiting period per injury shall be charged to the regular fulltime Employee’s sick/ESST leave account less worker’s compensation insurance payments. ARTICLE 16. BEREAVEMENT LEAVE The Union shall be eligible for Bereavement Leave consistent with the city Personnel Policy Manual. In the event the City desires to change Bereavement Leave in the Personnel Policy Manual, the City and Union shall open the contract for this lone provision. ARTICLE 17. SEVERANCE An employee resigning employment may be eligible for a cash payment for a portion of unused sick leave. To receive a severance payout, the following conditions shall be met: ▪ The employee must earn sick leave per the Sick Leave policy above; and ▪ The employee must leave in good standing, not terminated by the city; and ▪ S/he must provide proper notice of resignation as stated above with city administrator discretion; and ▪ S/he must execute a release of claims. 17.1 Payment shall be based on the consecutive years of leave-eligible service completed by the employee with the City of Elk River and his/her accrued sick leave balance. Payment shall be at the rate of pay when the resignation is submitted. 17.2 For Employees hired before August 8, 2023, and completing two (2) years of consecutive service, the severance payment is calculated at fifty percent (50%) of the accumulated Page 71 of 111 10 sick leave balance up to a maximum paid of four hundred eighty (480) hours. 17.3 Employees hired August 8, 2023, or later, and completing five (5) years of consecutive service, will receive a payout as outlined below: 5-9 consecutive years of service 40% of up to 960 hours 10 or more consecutive years of service 50% of up to 960 hours 17.4 An employee eligible for Severance Pay as noted above and eligible for PERA benefits will receive payout as outlined below. 15-19 consecutive years of service 60% of up to 960 hours 20-24 consecutive years of service 65% of up to 960 hours 25-29 consecutive years of service 70% of up to 960 hours 30-32 consecutive years of service 75% of up to 960 hours 33 or more consecutive years of service 80% of up to 960 hours 17.5 Accumulated leave in excess of nine hundred sixty (960) hours is not eligible for a severance payment. Sick leave shall continue to accumulate in excess of nine hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act. 17.6 Due to unforeseen circumstances and in his/her sole discretion, the city administrator may grant exceptions to provide partial payout prior to five (5) years of service. ARTICLE 18. VACATION Vacation leave is accrued based on consecutive years of leave-eligible service. To determine Employee's vacation accrual rate, years of service will include all continuous time the employee has worked for the City in a position that is eligible for paid leave (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. 18.1 Leave-eligible Employees hired before December 31, 2020, may carry more than 240 hours of vacation leave during a year but may not carry more than 240 hours forward to the next calendar year. 18.2 Employees hired after January 1, 2021, shall accrue 120 working hours per year at the start of eligible employment through the completion of their ninth (9th) year. They may carry more than 120 hours of vacation leave during a year but may not carry more than 120 hours forward to the next calendar year. 18.3 Employees with fewer than eight (8) years of service as of January 1, 2021, who elected to reduce their annual carryover rate in return for the reduced annual accrual may carry more than their annual accrual amount of vacation leave during a year but may not carry more than their annual accrual amount forward to the next calendar year. For this policy, annual accrual amount is defined as the Accrual Rate hours listed below that reflect the Length of Service of the employee at the end of the calendar year. Page 72 of 111 11 18.4 Employees accrue vacation leave at the following rates except for the 2021 and later hires and eligible employees who have requested an acknowledged the new accrual and carryover rate: 18.5 Vacation leave requires supervisor approval. Employees may not use vacation leave during their Probationary Period unless authorized by the city administrator. Employees taking more than two (2) consecutive weeks of vacation, or a combination of vacation and compensatory time must obtain prior approval from the city administrator. The city will make every effort to grant vacation time as requested but reserves the right to deny or approve vacation schedules. 18.6 40/40/40 Vacation Payout Option Employee may request a one-time per year payout for forty (40) hours of accumulated vacation after taking at least forty (40) hours of vacation leave provided that after the reduction of the eighty (80) hours the Employee retains a minimum vacation balance of at least forty (40) hours. The irrevocable election to take the 40/40/40 option must be made by the end of the calendar year prior to taking the vacation. The vacation payout will occur following a valid written request by the employee indicating the above criteria have been met or the second pay day in November of each year, whichever comes first. ARTICLE 19. HOLIDAYS Regular, full-time employees are eligible to receive eight (8) hours paid time off for each of the following holidays. New Year's Day Martin Luther King Day President's Day Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day The day after Thanksgiving Christmas Eve Day Christmas Day Length of Service Accrual Rate From start of employment through completion of the 5th year 88 working hours per year Beginning of the 6th year through completion of the 7th year 112 working hours per year Beginning of the 8th year through completion of the 9th year 120 working hours per year Beginning of the 10th year through completion of the 11th year 128 working hours per year Beginning of the 12th year through completion of the 13th year 136 working hours per year Beginning of the 14th year through completion of the 15th year 144 working hours per year Beginning of the 16th year through completion of the 17th year 152 working hours per year Beginning of the 18th year 160 working hours per year Beginning of the 19th year 168 working hours per year Beginning of the 20th year 176 working hours per year Beginning of the 21st year 184 working hours per year Beginning of the 22nd year through completion of the 24th year 192 working hours per year Beginning of the 25th year and thereafter 200 working hours per year Page 73 of 111 12 19.1 For employees working a Monday through Friday workweek, holidays occurring on Saturday will be observed the preceding Friday and holidays occurring on Sunday will be observed on the following Monday. 19.2 When a holiday falls during an employee’s vacation or sick leave, the employee will not be charged with vacation or sick leave for the holiday hours; the hours will be considered holiday leave. 19.3 Employees called in to work on the actual holidays listed above shall receive one and one-half the employee’s regular rate of pay in addition to the holiday pay. ARTICLE 20. ON CALL Records Clerks and Secretary/Receptionists assigned on-call duty on Sundays or Holidays that precede the start of the work week shall receive two hours of compensatory time at base wage rate (straight time) for that day only. Only one employee may be on-call on any given Sunday or Holiday. ARTICLE 21. COMPENSATORY TIME PROVISIONS Regular full time non-exempt Employees may be allowed to accumulate either Overtime worked at the rate provided for in Article 12 or, with prior approval from Employer, Compensatory Time at the rate of one and one-half (1½) times the excess hours worked. As of the last day of the first pay period that includes a day in December, compensatory time balances must be at or below 40 hours. Hours in excess of 40 will be paid out. Employees may use Compensatory Time off duty with pay, subject to prior approval of the Employer. The City Administrator may approve Compensatory Time to be cashed out during a regular pay period at other times during the year due to unforeseen, extenuating circumstances. ARTICLE 22. WAGES Employees shall be paid wages as found in Appendix A. 22.1 Effective 01-01-2026, Employees shall receive a 2.75% general wage increase. Effective 06-28-2026, Employees shall receive 0.25% general wage increase. Effective the first pay period that includes 01-01-2027, Employees shall receive a 2.75% general wage increase. 07-01-2027 mid-year lookback based on average COLA and market adjustment of peer cities not to exceed 1.5%, retro to the first pay period that includes 01-01-2027. For the lookback, the City will confirm whether each peer city’s police clerical and technical employees are in a union or not. If they are in a union, the City will use the COLA and Market Page 74 of 111 13 Adjustment numbers for that union. If they aren’t in a union, the City will use the COLA and Market Adjustment numbers for the non-union group for that peer city. The COLA/Market Adjustment for this unit as a whole will be an average of the peers. 22.2 Employees not currently at the maximum shall move to the next step in the pay scale on their anniversary date in their current position upon successful performance. 22.3 Field Training Pay Employees in the classification of CSOII/Evidence Technician assigned Field Training Officer duties shall be paid two (2) hours per day while performing FTO duties. ARTICLE 23. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN Effective following the signing of this contract, Employees shall contribute to the Post Employment Health Care Savings Plan in the following manner: 23.1 Employees will place 100% of their sick leave severance, as paid per item 17, into their Post Employment Health Care Savings Plan unless the Employee has opted out of the program which is approved due to a qualified exemption rule. Should an Employee choose this opt-out provision, it will be paid to the Employee as severance. 23.2 Upon the death of an Employee, contributions can no longer be made to the HCSP. Any payments owed but not yet paid into the HCSP will be paid out as regular income in accordance with state and federal law. ARTICLE 24. WAIVER Any and all prior agreements, resolutions, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. The parties mutually acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union, each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment not specifically referred to or covered by this Agreement, even though such terms and/or conditions may have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Beginning of employment through 5 years 2% of Employee's hourly base wage Years 6 through 10 2.5% of Employee's hourly base wage Years 11 through 15 3% of Employee's hourly wage Years 16 through 20 3.5% of Employee's hourly wage Years 21 and beyond 4% of Employee's hourly base wage Page 75 of 111 14 ARTICLE 25. DURATION This Agreement shall be effective as of January 1, 2026, and shall remain in full force and effect until December 31, 2027. In WITNESS WHEREOF, the parties hereto have executed this Agreement on this 2nd day of February, 2026. FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 589 John Dietz, Mayor Robin Roeser, Business Agent Jolene Richter, Deputy Clerk Darian Poser, Union Steward Page 76 of 111 15 Appendix A Wages Effective 1-1-2026 2.75% COLA MIN B C D MAX Investigative Analyst $89,768 $93,729 $97,688 $101,649 $105,609 Senior Administrative Assistant $31.31 $33.27 $35.22 $37.17 $39.14 Records Clerk $29.38 $31.50 $33.64 $35.78 $37.90 CSOII/Evidence Technician Secretary/Receptionist $24.31 $26.33 $28.35 $30.38 $32.41 Wages Effective 6-28-26 0.25% General Increase MIN B C D MAX Investigative Analyst $89,992 $93,963 $97,932 $101,903 $105,873 Senior Administrative Assistant $31.39 $33.35 $35.31 $37.27 $39.24 Records Clerk $29.45 $31.58 $33.72 $35.87 $38.00 CSOII/Evidence Technician Secretary/Receptionist $24.37 $26.40 $28.42 $30.46 $32.49 Wages Effective 12-27-26 2.75% COLA MIN B C D MAX Investigative Analyst $92,467 $96,547 $100,625 $104,705 $108,784 Senior Administrative Assistant $32.25 $34.27 $36.28 $38.29 $40.31 Records Clerk $30.26 $32.45 $34.65 $36.85 $39.04 CSOII/Evidence Technician Secretary/Receptionist $25.04 $27.13 $29.20 $31.30 $33.38 Page 77 of 111 MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL 589) Effective January 1, 20256, through December 31, 20252027 Page 78 of 111 Table of Contents ARTICLE 1. PURPOSE OF INTENT ............................................................................................................................1 ARTICLE 2. RECOGNITION ........................................................................................................................................1 ARTICLE 3. DEFINITIONS ............................................................................................................................................1 ARTICLE 4. EMPLOYER AUTHORITY .......................................................................................................................2 ARTICLE 5. EMPLOYER SECURITY ...........................................................................................................................3 ARTICLE 6. UNION SECURITY ...................................................................................................................................3 ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .........................................................................43 ARTICLE 8. SAVINGS CLAUSE ...................................................................................................................................65 ARTICLE 9. SENIORITY ...............................................................................................................................................65 ARTICLE 10. DISCIPLINE .............................................................................................................................................75 ARTICLE 11. WORK SCHEDULES ............................................................................................................................76 ARTICLE 12. OVERTIME .............................................................................................................................................86 ARTICLE 13. INSURANCE ..........................................................................................................................................87 ARTICLE 14. UNIFORMS ............................................................................................................................................87 ARTICLE 15. SICK LEAVE ............................................................................................................................................97 15.1 Minnesota Paid Family and Medical Leave 15.2 Injury on Duty ARTICLE 16. BEREAVEMENT LEAVE ........................................................................................................................97 ARTICLE 17. SEVERANCE .........................................................................................................................................97 ARTICLE 18. VACATION .........................................................................................................................................108 ARTICLE 19. HOLIDAYS ...........................................................................................................................................119 ARTICLE 20. ON CALL ..............................................................................................................................................129 ARTICLE 21. COMPENSATORY TIME PROVISIONS .......................................................................................1210 ARTICLE 22. WAGES ...............................................................................................................................................1210 22.3 Field Training Pay ARTICLE 23. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN ...................................................................1310 ARTICLE 24. WAIVER .............................................................................................................................................1310 Page 79 of 111 ARTICLE 25. DURATION ......................................................................................................................................1411 Appendix A .................................................................................................................................................................1512 Page 80 of 111 1 ARTICLE 1. PURPOSE OF INTENT This Agreement is entered into as of January 1, 2025, between the City of Elk River, hereinafter called the Employer, and the Law Enforcement Labor Services, Inc., Local 589 (LELS), hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and, 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes 179A.03, Subdivision 8, for all regular fulltime police personnel in the following job classification: All clerical and technical employees of the Elk River Police Department, Elk River, Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding Temporary Community Service Officer 1, supervisory employees, and confidential employees within the meaning of Minn. Stat. 179A.03, subd. 17 and 4, and all other employees. 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. (LELS) Local No. 589. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 589). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Elk River Police Department 3.5 EMPLOYER: The City of Elk River, Minnesota 3.6 CHIEF: The Police Chief for the City of Elk River, Minnesota Police Department 3.7 UNION STEWARD: Employee elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 589). 3.8 OVERTIME: Work performed by a non-exempt Employee at the express authorization of the Employer in excess of 40 hours per week. 3.9 SCHEDULED SHIFT: A consecutive work period including Rest Breaks and an unpaid Lunch Break. Page 81 of 111 2 3.10 REST BREAKS: Periods during the Scheduled Shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: An unpaid period during the Scheduled Shift during which the Employee is not responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence as a whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of including, influencing, or coercing a change in the conditions or compensation of the rights, privileges, or obligations of employment. 3.13 COMPENSATORY TIME: A non-exempt Employee’s time off a regularly Scheduled Shift with pay in lieu of Overtime pay, taken with prior approval of the Employer. 3.14 PROBATIONARY PERIOD: That period from date of hire until an Employee, with successful performance, is certified as a regular full time Employee as per the following: a. New Hire: Six (6) months from date of hire. b. Promotion: Six (6) months from the date of promotion. ARTICLE 4. EMPLOYER AUTHORITY The Employer has and will continue to retain, whether exercised or not, the sole and unrestricted right to operate and manage its affairs in all respects and to perform any inherent managerial function not specifically limited by the express provisions of this Agreement. The rights of the Employer, through its management official, shall include but not be limited to the following: 1) The right to operate and manage all manpower and facilities and equipment, 2) to set and amend budgets, 3) to establish and modify the organizational structure, 4) to determine the purpose or mission of the organization in each of its departments or units, 5) to establish functions and programs, 6) to introduce new or improved methods of work and to determine the utilization of technology, to exercise control and discretion over the organization and the efficiency, economy, and productivity of operations, 7) to set standards for work services to the public, 8) to change or eliminate the existing work schedules, to assign work, overtime, leave time, and schedule working hours, 9) to hire, examine, classify, promote, train, transfer, assign and schedule Employees in positions with the Employer, Page 82 of 111 3 10) to suspend, demote, discharge or take other disciplinary action against the Employees for just cause, 11) to increase, reduce, change, modify or alter the composition and size of the work force, 12) to lay off Employees, 13) to reallocate positions to higher or lower classifications, 14) to determine locations, methods, means and numbers of personnel by which operations are to be conducted, 15) to establish, modify, combine or abolish job classifications, 16) to determine whether goods and services are to be provided or purchased, and 17) to direct the Employees. Any term or condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. Nothing in the agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this agreement. ARTICLE 5. EMPLOYER SECURITY 5.1 The union, its officers or agents, and the Employees covered by this agreement, agree that during the life of this agreement it will not cause, encourage, participate in or support any slowdown, other interruption of or interference with the normal functions of the employer. 5.2 If any employee violates this article, the union shall immediately notify any such employee in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any or all employees who violate any of the provisions of this article may be discharged or otherwise disciplined. 5.3 The employer’s failure to exercise any right, prerogative, or function hereby reserved to it, or the employer’s exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the employer’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this agreement. ARTICLE 6. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be remitted directly to Law Enforcement Labor Services, Inc. monthly. Page 83 of 111 4 6.2 The Union may designate Employees from the bargaining unit to act as a Union Steward and an alternate. The Union shall inform the Employer, in writing, of such choice and changes in the position of Steward and/or alternate. 6.3 The Employer shall make space available on the employee's bulletin board for posting Union notice(s) and announcement(s). 6.4 Law Enforcement Labor Services, Inc. shall indemnify the Employer for any successful employee claim for unauthorized employer deduction made by relying on Law Enforcement Labor Services, Inc.’s submission of membership authorizations or certification or regarding the employee’s authorization for the dues deduction or for any successful employee claim for unauthorized employer deductions by relying on information from Law Enforcement Labor Services, Inc regarding changing or canceling dues deductions. 6.5 The Union shall request access to the premises of the Employer at reasonable times and subject to mutually agreed upon reasonable rules to investigate grievances and for other reasonable purposes. ARTICLE 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.1 Union Stewards: The Employer will recognize Union Stewards designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Stewards and of their successors when so designated as provided by Section 6.2 of this Agreement. 7.2 Processing of Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievance, as hereinafter provided, is limited by the job duties and responsibilities of the Employees and shall, therefore, be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Steward shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Steward have notified and received the prior approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.3 Procedure: Grievances, as defined by this article shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of Page 84 of 111 5 this Agreement shall, within fourteen (14) calendar days from the alleged occurrence, present in writing the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested to the Employee's supervisor and Chief. The Employer shall answer the Employee and the Union, in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 1 shall be appealed to Step 2 within ten (10) calendar days after the Employer Step 1 response. Step 2. If appealed, the written grievance shall be presented by the Union to the city administrator. The city administrator and the Union shall schedule an in-person meeting to include necessary participants within ten (10) calendar days after receipt of such Step 2 grievance. The City and Union shall make every effort for timeliness. The city administrator shall respond, in writing, to the Union within five (5) calendar days after the meeting. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the city administrator’s final Step 2 answer. Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the Union may be submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration within ten (10) calendar days following the final Step 2 answer. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within ten (10) calendar days following mediation. The Union shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. 7.4 Arbitrator's Authority: a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to decide on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record Page 85 of 111 6 to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. If a record is requested, the arbitrator shall receive a copy at no cost. 7.5 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered “waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled based on the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievances as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 7.6 Choice of Remedy: If, because of the Employer's response in Step 2, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of this Article or to another procedure such as Veterans Preference. If appealed to any procedure other than Step 3 of this Article, the grievance shall not be subject to the arbitration procedure provided in Step 3 of this Article. The aggrieved employee shall indicate in writing which procedure is to be used - Step 3 of this Article or an alternative procedure - and shall sign a statement to the effect that the choice of an alternate procedure precludes the employee from making an appeal through Step 3 of this Article. ARTICLE 8. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Elk River, Minnesota. In the event any provisions of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time limits provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENIORITY Seniority shall be determined by the regular full time Employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Employer or designee based on time in grade and time within specific classifications. 9.1 During the Probationary Period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the Probationary Period, a promoted or reassigned regular full time Employee may be replaced in the Employee's previous position at the sole discretion of the Employer. Page 86 of 111 7 9.2 A reduction of the workforce will be accomplished based on seniority. Regular full time Employees shall be recalled from layoff based on seniority. A qualified, as determined by Employer, regular fulltime Employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new Employee is hired. ARTICLE 10. DISCIPLINE The Employer retains the sole discretion to determine what behavior warrants disciplinary action and which action will be imposed. 10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or, e. discharge. 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, notices of demotion, and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by the signature of the Employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files in accordance with the Minnesota Government Practices Act. 10.5 Employees will not be questioned concerning an employment investigation for disciplinary action unless the Employee has been given a reasonable opportunity to have a Union Steward present at such questioning. 10.6 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 7. ARTICLE 11. WORK SCHEDULES The normal work year for regular non-exempt or exempt full time Employees is two thousand and eighty (2080) hours, to be accounted for by each Employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training; or, d. authorized leave time. 11.1 Nothing contained in this, or any other Article shall be interpreted to be a guarantee of the minimum or maximum number of hours the Employer may assign Employees. Page 87 of 111 8 11.2 Employees shall not take their Rest Break or Lunch Break during the during the first or last hour of their shift. 11.3 Summer work schedules are set solely at the discretion of the Chief. ARTICLE 12. OVERTIME Non-exempt Employees will be compensated at one and one-half (1½) times the Employee's regular rate of pay for hours worked in excess of 40 hours per week. 12.1 Paid holidays, bereavement leave, vacation, compensatory time, sick leave, and ESST when used consistent with Employer sick leave, shall be the only non-workdays with compensation considered for purposes of computing overtime compensation. 12.2 Changes of shifts do not qualify an Employee for Overtime under this Article. 12.3 Overtime will be distributed as equally as practicable. 12.4 Overtime refused by Employees will, for record purposes under Article 12.3, be considered as unpaid Overtime worked. 12.5 For the purpose of computing Overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 12.6 Overtime will be calculated to the nearest fifteen (15) minutes. 12.7 Employees have the obligation to work Overtime or call backs as requested by the Employer unless unusual circumstances prevent the employee from so working. The minimum call back will be two hours. ARTICLE 13. INSURANCE The Employer shall provide the same health insurance and other insurance benefits available to non-union employees. Employees shall receive the same insurance contributions and benefits as the City's non-union employees. ARTICLE 14. UNIFORMS The CSO II/Evidence Technicians and Investigative Analyst shall be credited with an annual uniform allowance account to be used on a voucher system basis. All items charged to the Employer must receive prior approval of the Chief. The amount charged shall not exceed the outstanding balance in the Employee’s uniform allowance account. The annual uniform allowance amount will be as follows: CSOII/Evidence Technician - $700 per year. Investigative Analyst - $250 per year. Page 88 of 111 9 ARTICLE 15. SICK LEAVE The Union shall be eligible to accrue and use Sick Leave consistent with the city Personnel Policy Manual. In the event the City desires to change Sick Leave in the Personnel Policy Manual, the City and Union shall open the contract for this lone provision. 15.1 Minnesota Paid Family and Medical Leave The Union will follow the December 2025 Personnel Policy Manual language which will be grandfathered in the case of subsequent policy changes. 15.2 Injury on Duty Employees in the classification of CSOII/Evidence Technician injured during the active performance of their duties for the Employer en route to or from, or on event scene shall be paid the difference between the fulltime Employee’s regular pay and worker’s compensation insurance payments for a period not to exceed thirty (30) working days per injury following an initial three (3) day waiting period. Injury on Duty (IOD) will not be charged to the regular fulltime employee’s vacation, sick/ESST leave, or other accumulated leave time. Full shifts off work due to injury will be counted as one day IOD. Partial shifts off work due to injury will be counted by the quarter hour toward the 30 day (240 hour) IOD benefit. Time off of work on the initial day of injury and the three (3) working days initial waiting period per injury shall be charged to the regular fulltime Employee’s sick/ESST leave account less worker’s compensation insurance payments. ARTICLE 16. BEREAVEMENT LEAVE The Union shall be eligible for Bereavement Leave consistent with the city Personnel Policy Manual. In the event the City desires to change Bereavement Leave in the Personnel Policy Manual, the City and Union shall open the contract for this lone provision. ARTICLE 17. SEVERANCE An employee resigning employment may be eligible for a cash payment for a portion of unused sick leave. To receive a severance payout, the following conditions shall be met: ▪ The employee must earn sick leave per the Sick Leave policy above; and ▪ The employee must leave in good standing, not terminated by the city; and ▪ S/he must provide proper notice of resignation as stated above with city administrator discretion; and ▪ S/he must execute a release of claims. 17.1 Payment shall be based on the consecutive years of leave-eligible service completed by the employee with the City of Elk River and his/her accrued sick leave balance. Payment shall be at the rate of pay when the resignation is submitted. 17.2 For Employees hired before August 8, 2023, and completing two (2) years of consecutive service, the severance payment is calculated at fifty percent (50%) of the accumulated Page 89 of 111 10 sick leave balance up to a maximum paid of four hundred eighty (480) hours. 17.3 Employees hired August 8, 2023, or later, and completing five (5) years of consecutive service, will receive a payout as outlined below: 5-9 consecutive years of service 40% of up to 960 hours 10 or more consecutive years of service 50% of up to 960 hours 17.4 An employee eligible for Severance Pay as noted above and eligible for PERA benefits will receive payout as outlined below. 15-19 consecutive years of service 60% of up to 960 hours 20-24 consecutive years of service 65% of up to 960 hours 25-29 consecutive years of service 70% of up to 960 hours 30-32 consecutive years of service 75% of up to 960 hours 33 or more consecutive years of service 80% of up to 960 hours 17.5 Accumulated leave in excess of nine hundred sixty (960) hours is not eligible for a severance payment. Sick leave shall continue to accumulate in excess of nine hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act. 17.6 Due to unforeseen circumstances and in his/her sole discretion, the city administrator may grant exceptions to provide partial payout prior to five (5) years of service. ARTICLE 18. VACATION Vacation leave is accrued based on consecutive years of leave-eligible service. To determine Employee's vacation accrual rate, years of service will include all continuous time the employee has worked for the City in a position that is eligible for paid leave (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. 18.1 Leave-eligible Employees hired before December 31, 2020, may carry more than 240 hours of vacation leave during a year but may not carry more than 240 hours forward to the next calendar year. 18.2 Employees hired after January 1, 2021, shall accrue 120 working hours per year at the start of eligible employment through the completion of their ninth (9th) year. They may carry more than 120 hours of vacation leave during a year but may not carry more than 120 hours forward to the next calendar year. 18.3 Employees with fewer than eight (8) years of service as of January 1, 2021, who elected to reduce their annual carryover rate in return for the reduced annual accrual may carry more than their annual accrual amount of vacation leave during a year but may not carry more than their annual accrual amount forward to the next calendar year. For this policy, annual accrual amount is defined as the Accrual Rate hours listed below that reflect the Length of Service of the employee at the end of the calendar year. Page 90 of 111 11 18.4 Employees accrue vacation leave at the following rates except for the 2021 and later hires and eligible employees who have requested an acknowledged the new accrual and carryover rate: 18.5 Vacation leave requires supervisor approval. Employees may not use vacation leave during their Probationary Period unless authorized by the city administrator. Employees taking more than two (2) consecutive weeks of vacation, or a combination of vacation and compensatory time must obtain prior approval from the city administrator. The city will make every effort to grant vacation time as requested but reserves the right to deny or approve vacation schedules. 18.6 40/40/40 Vacation Payout Option Employee may request a one-time per year payout for forty (40) hours of accumulated vacation after taking at least forty (40) hours of vacation leave provided that after the reduction of the eighty (80) hours the Employee retains a minimum vacation balance of at least forty (40) hours. The irrevocable election to take the 40/40/40 option must be made by the end of the calendar year prior to taking the vacation. The vacation payout will occur following a valid written request by the employee indicating the above criteria have been met or the second pay day in November of each year, whichever comes first. ARTICLE 19. HOLIDAYS Regular, full-time employees are eligible to receive eight (8) hours paid time off for each of the following holidays. New Year's Day Martin Luther King Day President's Day Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day The day after Thanksgiving Christmas Eve Day Christmas Day Length of Service Accrual Rate From start of employment through completion of the 5th year 88 working hours per year Beginning of the 6th year through completion of the 7th year 112 working hours per year Beginning of the 8th year through completion of the 9th year 120 working hours per year Beginning of the 10th year through completion of the 11th year 128 working hours per year Beginning of the 12th year through completion of the 13th year 136 working hours per year Beginning of the 14th year through completion of the 15th year 144 working hours per year Beginning of the 16th year through completion of the 17th year 152 working hours per year Beginning of the 18th year 160 working hours per year Beginning of the 19th year 168 working hours per year Beginning of the 20th year 176 working hours per year Beginning of the 21st year 184 working hours per year Beginning of the 22nd year through completion of the 24th year 192 working hours per year Beginning of the 25th year and thereafter 200 working hours per year Page 91 of 111 12 19.1 For employees working a Monday through Friday workweek, holidays occurring on Saturday will be observed the preceding Friday and holidays occurring on Sunday will be observed on the following Monday. 19.2 When a holiday falls during an employee’s vacation or sick leave, the employee will not be charged with vacation or sick leave for the holiday hours; the hours will be considered holiday leave. 19.3 Employees called in to work on the actual holidays listed above shall receive one and one-half the employee’s regular rate of pay in addition to the holiday pay. ARTICLE 20. ON CALL Records Clerks and Secretary/Receptionists assigned on-call duty on Sundays or Holidays that precede the start of the work week shall receive one two hours of compensatory time at base wage rate (straight time) for that day only. Only one employee may be on-call on any given Sunday or Holiday. ARTICLE 21. COMPENSATORY TIME PROVISIONS Regular full time non-exempt Employees may be allowed to accumulate either Overtime worked at the rate provided for in Article 12 or, with prior approval from Employer, Compensatory Time at the rate of one and one-half (1½) times the excess hours worked up to a maximum rolling balance of 40 hours. As of the last day of the first pay period that includes a day in December, compensatory time balances must be at or below 40 hours. Hours in excess of 40 will be paid out. Employees may use Compensatory Time off duty with pay, subject to prior approval of the Employer. The City Administrator may approve Compensatory Time to be cashed out during a regular pay period at other times during the year due to unforeseen, extenuating circumstances. ARTICLE 22. WAGES Employees shall be paid wages as found in Appendix A. 22.1 Effective 01-01-20252026, Employees shall receive a 42.75% general wage increase and a 1% market adjustment. Effective 06-28-2026, Employees shall receive 0.25% general wage increase. Effective the first pay period that includes 01-01-2027, Employees shall receive a 2.75% general wage increase. 07-01-2027 mid-year lookback based on average COLA and market adjustment of peer cities not to exceed 1.5%, retro to the first pay period that includes 01-01-2027. Page 92 of 111 13 For the lookback, the City will confirm whether each peer city’s police clerical and technical employees are in a union or not. If they are in a union, the City will use the COLA and Market Adjustment numbers for that union. If they aren’t in a union, the City will use the COLA and Market Adjustment numbers for the non-union group for that peer city. The COLA/Market Adjustment for this unit as a whole will be an average of the peers. 22.2 Employees not currently at the maximum shall move to the next step in the pay scale on their anniversary date in their current position upon successful performance. 22.3 Field Training Pay Employees in the classification of CSOII/Evidence Technician assigned Field Training Officer duties shall be paid two (2) hours per day while performing FTO duties. ARTICLE 23. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN Effective following the signing of this contract, Employees shall contribute to the Post Employment Health Care Savings Plan in the following manner: 23.1 Employees will place 100% of their sick leave severance, as paid per item 17, into their Post Employment Health Care Savings Plan unless the Employee has opted out of the program which is approved due to a qualified exemption rule. Should an Employee choose this opt-out provision, it will be paid to the Employee as severance. 23.2 Upon the death of an Employee, contributions can no longer be made to the HCSP. Any payments owed but not yet paid into the HCSP will be paid out as regular income in accordance with state and federal law. ARTICLE 24. WAIVER Any and all prior agreements, resolutions, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. The parties mutually acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union, each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment not specifically referred to or covered by this Agreement, even though such terms and/or conditions may have been within the knowledge or Beginning of employment through 5 years 2% of Employee's hourly base wage Years 6 through 10 2.5% of Employee's hourly base wage Years 11 through 15 3% of Employee's hourly wage Years 16 through 20 3.5% of Employee's hourly wage Years 21 and beyond 4% of Employee's hourly base wage Page 93 of 111 14 contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 25. DURATION This Agreement shall be effective as of January 1, 20256, and shall remain in full force and effect until December 31, 20275. In WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 20256. FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 589 John Dietz, Mayor Robin Roeser, Business Agent Tina AllardJolene Richter, Deputy City Clerk Darian Poser, Union Steward Page 94 of 111 15 Appendix A Wages Effective 1-1- 20256 2.75% 4% COLA and 1% Market Adjustment MIN B C D MAX Investigative Analyst $87,365 89,768 $91,220 93,729 $95,0739 7,688 $98,928 101,649 $102,782 105,609 Senior Administrative Assistant $30.473 1.31 $32.383 3.27 $34.2835 .22 $36.183 7.17 $38.0939 .14 Records Clerk $28.592 9.38 $30.663 1.50 $32.7433 .64 $34.823 5.78 $36.8937 .90 CSOII/Evidence Technician Secretary/Receptionist $23.662 4.31 $25.632 6.33 $27.5928 .35 $29.573 0.38 $31.5432 .41 Wages Effective 6-28-26 0.25% General Increase MIN B C D MAX Investigative Analyst $89,992 $93,963 $97,932 $101,903 $105,873 Senior Administrative Assistant $31.39 $33.35 $35.31 $37.27 $39.24 Records Clerk $29.45 $31.58 $33.72 $35.87 $38.00 CSOII/Evidence Technician Secretary/Receptionist $24.37 $26.40 $28.42 $30.46 $32.49 Wages Effective 12-27-26 2.75% COLA MIN B C D MAX Investigative Analyst $92,467 $96,547 $100,625 $104,705 $108,784 Senior Administrative Assistant $32.25 $34.27 $36.28 $38.29 $40.31 Records Clerk $30.26 $32.45 $34.65 $36.85 $39.04 CSOII/Evidence Technician Page 95 of 111 16 Secretary/Receptionist $25.04 $27.13 $29.20 $31.30 $33.38 Page 96 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.9 Meeting Date February 2, 2026 Prepared By Cal Portner, City Administrator Item Description Resolution 26-08 Appointing an Interim Deputy Clerk Reviewed by Cal Portner Jolene Richter Action Requested Appoint, by Resolution 26-08, Calvin P. Portner as Interim Deputy Clerk. Background/Discussion By statute, cities are required to have a Council-appointed city clerk. The city clerk is the keeper of the city seal, responsible for official city records, elections, and City Council administrative support. The clerk or appointed deputy clerk is a signatory to official city documents. With the retirement of City Clerk Tina Allard effective December 31, 2025, the staff have been recruiting and interviewing candidates for our next city clerk. In the interim, our deputy clerk can attest to the execution of official documents. Unfortunately, for an indeterminate period, our deputy clerk will be out of the office. To fulfill the official aspects of the city clerk, staff requests you appoint City Administrator Portner as the Interim Deputy Clerk until the return of the deputy clerk or the onboarding of a new city clerk. Financial Impact N/A Mission/Policy/Goal Elk River Mission Statement Attachments 1. RES 26-08 Interim Deputy Clerk Page 97 of 111 City of Elk River City Council Resolution 26-08 A Resolution of the City Council of the City of Elk River Appointing an Interim Deputy Clerk WHEREAS, By statute, cities are required to have a Council-appointed city clerk. WHEREAS, The city clerk is the keeper of the city seal, responsible for official city records, elections, and City Council administrative support. The clerk or appointed deputy clerk is a signatory to official city documents. WHEREAS, With the retirement of City Clerk Tina Allard effective December 31, 2025, the staff have been recruiting and interviewing candidates for our next city clerk. In the interim, our deputy clerk can attest to the execution of official documents. Unfortunately, for an indeterminate period, our deputy clerk will be out of the office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: To fulfill the official aspects of the city clerk, staff requests you appoint City Administrator Portner as the Interim Deputy Clerk until the return of the deputy clerk or the onboarding of a new city clerk. Passed and adopted this 2nd day of February 2026. John J. Dietz, Mayor ATTEST: Calvin P. Portner, Interim Deputy Clerk Page 98 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.10 Meeting Date February 2, 2026 Prepared By Joe Stremcha, Business Services Director/Assistant City Administrator Item Description E-bike Ordinance - Regulation of Electric-Assisted Bicycles, Motorized Foot Scooters, and Electric Personal Assistive Mobility Devices on Paved Trails Reviewed by Jeff Shelby Cal Portner Jolene Richter Action Requested Adopt, by motion, Ordinance ____ - Regulation of electric-assisted bicycles, motorized foot scooters, and electric personal assistive mobility devices on paved trails. Background/Discussion On December 10, 2025, the Parks and Recreation Commission recommended that the City Council approve an ordinance regulating the use of e-bikes and electric-powered devices on city trails and within city parks. The Commission appointed Commissioners Niziolek, Stewart, and Anderson to an ad hoc committee to work with staff on drafting regulations for e-bikes and electric-powered devices on city trails and within city parks, based on concerns raised by community members. The city attorney's office has reviewed the draft ordinance and recommends additional language for the Council to consider. On December 15, 2025, the Council discussed with staff the different types of E-bikes and scooters, how fast they can travel, and safety concerns. The Council directed staff to move forward with an ordinance pertaining to trails and not include sidewalks. Financial Impact Nominal costs associated with signage and communicating the ordinance to the community. Mission/Policy/Goal Meet changing needs - agile Attachments 1. COER Ebike Ordinance Page 99 of 111 CHAPTER 76: REGULATION OF ELECTRIC-ASSISTED BICYCLES, MOTORIZED FOOT SCOOTERS, AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES ON PAVED CITY TRAILS § 76.01. DEFINITIONS. (A) Electric-Assisted Bicycle. The term "electric-assisted bicycle" shall have the meaning ascribed to it in Minnesota Statutes Section 169.011, Subdivision 27, as amended. This definition includes all Class 1, Class 2, and Class 3 electric-assisted bicycles, as defined in Minnesota Statutes Section 169.011, Subdivisions 15a, 15b and 15c, with factory installed fully functional pedals. This definition does not include vehicles resembling electric-assisted bicycles equipped with an electric motor with a power output exceeding 750 watts or capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour. (B) Motorized Foot Scooter. The term “motorized foot scooter” shall mean any foot scooter with handlebars, designed to be stood or sat on, and powered by an electric motor able to propel the device with or without human assistance. (C) Electric Personal Assistive Mobility Device (EPAMD). The term "EPAMD" shall have the meaning ascribed to it in Minnesota Statutes Section 169.011, Subdivision 26, as amended. (D) Paved City Trail. The term "Paved City Trail" shall mean any designated bicycle trail, bikeway, multi-use trail, or shared-use trail which is surfaced with asphalt, concrete, or similar hard material, and is located upon public land and under the ownership, jurisdiction, or maintenance of the City of Elk River. For the purposes of this Chapter, the term specifically excludes streets, highways, and public sidewalks. § 76.02. OPERATION ON PAVED CITY TRAILS. (A) Applicability. This section shall govern the operation of electric-assisted bicycles, motorized foot scooters, and Electric Personal Assistive Mobility Devices (EPAMDs) exclusively upon any Paved City Trail. The operation of such Page 100 of 111 vehicles on streets, highways, or public sidewalks shall be governed by other applicable City Code provisions and Minnesota Statutes, Chapter 169. (B) Maximum Speed Limit. No person shall operate an electric-assisted bicycle, motorized foot scooter, or EPAMD upon any Paved City Trail at a rate of speed in excess of 20 miles per hour (mph). This speed restriction shall apply regardless of the maximum assisted speed authorized by Minnesota Statute for the class of electric-assisted bicycle being operated. (C) Reasonable and Prudent Speed. Notwithstanding the maximum speed limit established in subsection (B), the operator of an electric-assisted bicycle, motorized foot scooter, or EPAMD shall at all times operate the vehicle at a speed that is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, including, but not limited to, the trail surface conditions, trail width, visibility, and the presence of pedestrians or other trail users. (D) Yielding to Others. The operator of an electric-assisted bicycle, motorized foot scooter, or EPAMD must at all times yield the right-of-way to all pedestrians and other trail users operating non-motorized devices or vehicles. The operator of an electric-assisted bicycle, motorized foot scooter, or EPAMD shall decrease speed and give an audible signal before overtaking and passing any person proceeding in the same direction. § 76.03. OPERATION ON UNPAVED TRAILS, GRASS AREAS, PLAYGROUNDS, AND SKATE PARKS (A) General Prohibition. The operation of any electric-assisted bicycle, motorized foot scooter, or EPAMD shall be strictly prohibited on any unpaved, natural surface, grass, or dirt trails, playground (including nature play areas), skate parks, and on any unimproved park land or grass area located within the City of Elk River. (B) Exception for Hillside Park. Notwithstanding the general prohibition in subsection (A), only Class 1 electric-assisted bicycles are permitted for use on the designated, unpaved recreational trails located within Hillside Park. Page 101 of 111 (C) Continued Prohibition. The prohibition established in subsection (A) shall continue to apply to the operation of Class 2 and Class 3 electric-assisted bicycles, motorized foot scooters, and EPAMDs within Hillside Park. § 76.04. PROHIBITION OF OTHER MOTORIZED VEHICLES AND INTERNAL COMBUSTION POWERED DEVICES. Notwithstanding any other provision of this Chapter, the operation of any motorized vehicle or device other than an electric-assisted bicycle, motorized foot scooter, or EPAMD, including any device powered by an internal combustion engine, is strictly prohibited on all Paved City Trails, unpaved trails, playgrounds (including nature play areas), skate parks, natural surfaces, unimproved park land, or grass areas located within the City of Elk River. § 76.05. GENERAL EXCLUSIONS. The regulations and prohibitions set forth in this Chapter shall not apply to the operation of any manual or motorized wheelchair, scooter, tricycle, or similar device used by a disabled person as a substitute for walking. § 76.06. VIOLATION AND PENALTY. (A) Violation. Any person violating any provision of this chapter shall be guilty of a petty misdemeanor. (B) Enforcement. The Elk River Police Department, or any authorized Code Enforcement Official, shall have the authority to enforce the provisions of this chapter. Page 102 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.11 Meeting Date February 2, 2026 Prepared By Dawn Robertson, Records Specialist Item Description Resolution 26-09 Premises Permit For CharitAbleMN dba Competition Cheer Spirit Booster Club Reviewed by Cal Portner Cal Portner Jolene Richter Action Requested Adopt, by motion, Resolution 26-09 approving a premises permit for CharitAbleMN dba Competition Cheer Spirit Booster Club Background/Discussion CharitAbleMN dba Competition Cheer Spirit Booster Club applied to conduct gambling at Sunshine Depot, 701 Main St NW. The Gambling Control Board requires the local unit of government where the premises are located to approve the request by resolution before the applicant can submit their application to the Gambling Control Board. Financial Impact N/A Mission/Policy/Goal Elk River Mission Attachments 1. RES 26-09 Sunshine Depot Premises Permit Page 103 of 111 City of Elk River City Council Resolution 26-09 A Resolution of the City Council of the City of Elk River Approving Premises Permit WHEREAS, the City Council of the City of Elk River allows gambling licenses to be issued within the city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: the request by CharitAbleMN dba Competition Cheer Spirit Booster Club for a premises permit at Sunshine Depot, 701 Main Street, is hereby approved. Passed and adopted this 2nd day of February 2026. John J. Dietz, Mayor ATTEST: Calvin P. Portner, Interim Deputy Clerk Page 104 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 6.1 Meeting Date February 2, 2026 Prepared By Cal Portner, City Administrator Item Description Introduce New Community Service Officers Reviewed by Cal Portner David Kuhnly Jolene Richter Action Requested Meet and welcome new Community Service Officers Background/Discussion The City Council has authorized two part-time community service officers (CSO) in the police department. These positions are a tremendous learning opportunity for individuals interested in policing. It is also an opportunity for the city to identify capable future officers to serve our community. Chief Kuhnly will introduce our newest CSOs: Jocelyn Eckstrom Torren Johnson Financial Impact N/A Mission/Policy/Goal Service to our community. Attachments None Page 105 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 6.3 Meeting Date February 2, 2026 Prepared By Item Description Planning Commission Candidate Interview Reviewed by Cal Portner Jolene Richter Action Requested The Council to interview Jim Lang, a candidate for the Planning Commission. Background/Discussion There is a vacancy on the Planning Commission starting February 28, 2026. The Council makes appointments in February for terms beginning in March. This is a three-year term beginning March 1, 2026, and expiring February 28, 2029. Financial Impact N/A Mission/Policy/Goal Elk River Mission Attachments 1. Jim Lang planning Commission Application - Monday Feb 2, 2026 Page 106 of 111 Print Board and Commission Application Form - Submission #51098 Date Submitted: 9/29/2025 Residency Information Residency Requirements Must be an Elk River resident for the following Economic Development Authority (EDA) Heritage Preservation Commission Housing and Redevelopment Authority (HRA) Planning Commission Utilities Commission Residency not required for the following: EDA Beautification and Public Art Committee EDA Together Elk River Committee Joint Finance Committee Multipurpose Facility Advisory Commission Parks and Recreation Commission Select the Commission applying for* First Name* Last Name* Address* City* State* Zip* Elk River MN 55330 Planning Commission LangJames Are you an Elk River resident?* Yes No 378 Gates Ave NW Page 107 of 111 Home Phone Number Cell Phone Number Email Address Employer* Occupation* Employer Address* Employer City* Employer State* Employer Zip* MNElk River 55330 Public Contact Information* The city maintains a directory of current board/commission members on the city's website. Once appointed members are required to provide a telephone number, email address, or both where the appointee can be reached. This is the contact information we will include in our online directory. Please indicate which contact information you would like us to use: Home Phone Number Cell Phone Number Email Address AdministratorTotus Tech Inc 378 Gates Ave NW Employment Status* Part-time Full-time Are you an Elk River Municipal Utility electric customer?* Yes No Page 108 of 111 Why are you interested in serving on a city commission?* I have lived in Elk River for 9 years. My wife is a 4th generation Elk River citizen. I love Elk River and have a desire to serve our community. I want to see Elk River grow and prosper, yet keep its charming and historical character. What skills, training, and experience would you bring to the commission for which you seek appointment?* My wife and I own the business which we work for. We’ve been in business for 12 years. We have 18 employees. We provide 60 organizations and various sectors with IT managed services. I worked with multiple organizations on new builds and additions. We also did a personal addition to our house a number of years ago and went through the entire process with the city, which was enlightening. I have attended a number of commission and council meetings, so I have an idea what to expect as well. Most of all, I truly have a heart for Elk River at citizens and this businesses. If yes, explain: How did you hear about this vacancy? Electronic Signature* Are you an Elk River Municipal Utility water customer?* Yes No Conflict of Interest* Conflict of Interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. Do you have any legal or equitable interest in any business, however organized, which could be construed as a conflict of interest? Yes No Other Electronic Signature Agreement* By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Agree James Lang Page 109 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 8.1 Meeting Date February 2, 2026 Prepared By Dawn Robertson, Records Specialist Item Description Discuss Work Session Items Reviewed by Cal Portner Jolene Richter Action Requested Review work session items listed below and identify future work session topics. Background/Discussion Work sessions will be added to the end of regular meetings on the first and third Mondays as needed. At the first Council meeting of each month, staff will present a list of future work session topics for Council review. Proposed work session topics are as follows: • Public Safety grant expenditure update • Review of zoning north of 197th Ave and the gravel mining area following Highway 169 construction • Update of traffic light timing along Highway 169 • City Council Mission/Vision • Education on the controversy over data centers • Joint meeting with Sherburne County (Spring 2026) • Universal changing tables • Downtown Master Plan (Feb/Mar) • Northbound Disposition Financial Impact N/A Mission/Policy/Goal Responsibly grow, meet changing needs (agile), and ethical, efficient, and responsible. Attachments None Page 110 of 111 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 9.1 Meeting Date February 2, 2026 Prepared By Dawn Robertson, Records Specialist Item Description Council Liaison Updates Reviewed by Cal Portner Cal Portner Jolene Richter Action Requested Councilmembers to provide liaison updates. Background/Discussion The Mayor and Councilmembers serve as liaisons to multiple committees and commissions. The first meeting of the month provides an opportunity for the Council to provide updates on the work of those committees and commissions. ▪ Community Event Center Commission – CM Beyer ▪ Heritage Preservation Commission – CM Calva ▪ Parks and Recreation Commission – CM Grupa ▪ Planning Commission – CM Wagner ▪ Housing and Redevelopment Authority - Mayor Dietz ▪ Utilities Commission – Mayor Dietz ▪ Region 7W – Mayor Dietz Other Committees, Commissions, etc. Financial Impact None Mission/Policy/Goal Elk RIver Mission Attachments None Page 111 of 111